Chapter 6-BL

an act of omission in violation of public law and punishable by the government

wrongful or overt act (one part of the crime)

criminal intent or mental fault (2nd part of the crime)

purposeful, knowing, or reckless A person purposely or intentionally if his conscious object is to engage in the prohibted conduct or to cause a prohibited result

gross deviation from reasonable conduct -careless and negligence -occurs when a person should be aware of a substantial and unjustifiable risk that his conduct is prohibited or will cause a prohibted result

crime to do a specific act or cause a certain result without regard to the care exercised like sale of adulterated food, narcotics w/out a perscription most deal with health and saftey

serious crime (any crime punishable by death or imprisonment in a penitentiary)

less serious crime -any crime punishable by fine or imprisonment in the local jail

liability imposed on one for the acts of another If you direct someone to steal, you are liable too

nonviolent crime involving deceit corruption, or breach of trust includes things such as embezzlement and forgery

crime by, with, or at a computer

federal law intended to stop organized crime from infiltrating legitimate businesses criminal penealities to enterprises that engage in a pattern of raketeering, defined as the comission of two or more predicate acts within a period of ten yrs racketeer influenced and corrupt organizations act

trespassory taking and carrying away of the goods of another with the intent to permanently deprive theif does not own the property

taking the property of one's employer in a violation of trust The theif lawfully possess the property

obtaining title to property of another by means of materially false representations of fact made with knowledge of their falsity and with the intent to defaud

larceny with two additional elements 1. the property is taken directly from the victim or the immediate presence of the victim 2. the act is accomplished through either force or the threat of force

breaking and entertering the home of another at night with the intent to commit a felony (law) (statutes) 1. an entry 2. into a building 3. with the intent to commit a felony in the building

making threats to obtain property or money (blackmail)

offering property to a public official to infuence the officials decision

intentional falsefication of a document in order to defraud

checks issued with funds insufficient to cover them

senders of spam should not mislead recipients as to the source or content of such mail and that recipients of spam have a right to decline to receive additional spam from the same source

individuals may use reasonable force to protect themselves, other individuals, and their property most cases deadly force is never reasonable to protect property, except in Texas we love to kill people for everything

coercion by threat or serious bodily injury -a person who is threatned with immediate harm to himself or another person unless he engages in criminal activity

honest and reasonable belief that conduct is not criminal is a defense. Drive away with someone's car you think is your own

the act of a government official inducing another to commit a crime when that person would not have done so without the persuasion of the police official

genrally include arrest, booking, formal notice of charges, preliminary hearing to determine probable cause, indictment or information, arraignment, and trial

determines whether there is probable cause determine if the defendent is the one who committted the crime -if the magistrate determine there is probabale cause she will bind the case over to the next stage information or indictment

grand jury charge that the defendanr should stand trial only if it finsa sufficeint evidence to justify a trial brought on the defendant is never before the grand jury

formal accusation of a crime brought by a prosecuter a formal accusation of a crime brought by a prosecuting officer, not a grand jury

accused is informed of the charge against him and enters a plea

prohibition against the introduction of illegally seized evidence

reasonable belief of offenses charged

established new criminal penalities including 1. making a crime to defraud any person or to obtainany money or property fradulently in connection with any security (25 years) 2. up to 20 years for destoying or falsifying any document with the intent of impending a federal investigation

any computer used in interstate commerce or communications 1. assess or damage it without authorization 2. assess it with the intnet to commit fraud 3. to traffic passwors for it 4. to threaten to cause damage it with intent to extory money of anything of value

false, violation wrongs against the community but yes it does establish duties

False, mala prohibita: is not morally wrong but wrongful by law mala in se: wrong in themselves of morally wrong

false under certain circumstances a corporation may be convicted of crimes and punished by fines

true

true

false, there must be an intent to deprive permanently

false, the fourth amendment does

true

true

true

false, the sixth amendment provides a right to counsel

false, it can

true

true

false, only testimonial evidence

D

C

A

D

B

D

A

A

A

D

D

C, the act subjects to severe civil and criminal pentalities enterprises that enegage in rackteering

1. hot pursuit of a fugitive 2. subject of the search voluntarily consents 3. emergency requires such action 4. there has been a lawful arrest 5. evidence of crime in plain view by a law enforcment officer 6. delay would present a signficant obstacle to the investigation

B

C

C

Both crimes and torts involve breaches of duty. In criminal law, the duty is one owed to society as a whole and punishment can be fines, imprisonment, or even death. Elements necessary in order to obtain a conviction are the actus reus, the wrongful act, and the mens rea, or criminal intent. Tort law involves a wrong committed against another individual and punishment includes injunctions or fines.

The four defenses most relevant to white-collar crimes and crimes against business include: (1) defense of person or property which allows individuals to use reasonable force to protect themselves, others, and their property, and deadly force to protect themselves and others if they are threatened with death or serious bodily harm; (2) duress, which is coercion by threat of serious bodily injury; (3) mistake of fact which occurs if persons honestly and reasonably believe the facts to be such that their conduct would not constitute a crime; and (4) entrapment which arises when a government official induces persons to commit a crime they would not otherwise commit.

The Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted to terminate the infiltration of organized crime into legitimate business. The act subjects enterprises that engage in a pattern of racketeering to severe civil and criminal penalties.

The Fourth, Fifth, and Sixth Amendments to the U.S. Constitution provide important protections for those accused of criminal conduct. The Fourth protects all persons against unreasonable searches and seizures, thereby protecting privacy and safeguarding against arbitrary invasions by governmental officials. The Fifth Amendment protects persons against self-discrimination, double jeopardy, and being charged with a capital or infamous crime except by grand jury indictment. The Sixth Amendment ensures that the accused shall receive a speedy and public trial by an impartial jury. All of these protections are extended to state actions by the Fourteenth Amendment.