LENB Test 1 Chapter6

What is the purpose of criminal law ?

punish an offender for causing harm to public health

Actus reus

wrongful behavior ( guilty act)

Mens rea

wrongful state of mind (guilty mind)

how can a defendant commit a crime

-purposefully
-knowingly
-reckless
-negligent (not caring)

What are the classifications of crimes

-Felonies (serious crime like murder punishable by imprisonment for more than one year and if the cime is a felony/ miss the case can go to jury trial)
-Misdemeanors (less serious punishable by fines or imprisonment for less than one year)
-petty offense(

Whats a white collar crime?

nonviolent illegal acts against society that occur mainly in businesses
examples- bribery, mail fraud, embezzlement

Bribery (wc)

offering/giving/ soliciting or receiving money for a purpose of influencing judgement

Extortion (WC)

aka blackmail making threats for the purpose of obtaining money or property

Fraud (WC)

some sort of miss representation to gain an advantage over another person

types of fraud

forgery - the fraudulent making or altering of any writing in a way that would change legal rights
defalcation- the misappropriation of trust funds or money held
ponzie scheme- high profits promised from fake sources

insider trading

a person buying or selling a security property dealing with knowledge nonpublic

false pretenses

illegal obtaining of property belonging to another through false representation of fact

forgery

altering of writing in a way that changes the legal rights of another

What is Cramming

scheme in which companies bill consumers for optional services that they didn't order

Embezzlement

taking someone's property when they have it legally

Computer crimes

any wrongful act directed against computers ( uses computer to commit a crime)

hacker

person who illegally access another persons computer system to steal or obtain information

cyber terrorist

the crippling communications network or sabotage of a business

virus

computer program that alters, damages, computer data

can a cooperation be considered a criminal?

previously not because they do not have a mind ( no mens rea) however now they can be criminally charged. this was cause by strict liability offense

Strict liability offense

offense where no mens rea is required

Vicarious liability

liability imposed on one person for the acts of another ( boss telling employees to dump waste outside)

Criminal procedure

the goverment is called prosecutor always brings the criminal case where as in civil the party filing the complaint can be business, person.

what is the objective in criminal court

punishment

what is the objective in civil

remedy a wrong doing

amendments do

extends right to due process to state -14
protection from search and seizures -4
double jeprody and no incrimination of ones self -5
speedy trial-6
excessive bail and excessive punishment -8

What are the pretrial steps

-Arrested : taking a person into custody
-probable cause :the likley hood the person commited that crime
-Miranda rights :right read to arrested person
-Booking :name of defendant and crime is recorded
-First appereance :appearing before the magistrate wh

Who is a magistrate

lowest judaical official who issues warrants

Information and indictment

info :formal accusation stating the facts specifiying the violation of the law
indic: written accusation of the crime committed by the defendant

nolo contendere

defendant doesnt admit guilt but agrees not to consent to the charges

petit jury

if the defendant pleads not guilty this is where it go's 6-12 ppl listen and render a verdict and if a petit jury says not guilty the government cannot appeal

plea bargin

agreement in which the prosecutor agrees to reduced chargers/ drop charges for defendant pleading guilty

Trial procedure

Bench trial - when the judge is the fact finder and there is no jury, defendant waived their rights
Burden of proof- proving that the defendant did what they are accusing him of by using evidence, the prosecutor has to persuade the jury beyond a reasonabl

what are the affirmative offense

-Infancy: person who is not yet legal
- Mistake of fact : didnt know it was a law
-Intoxication: took a drug without knowing
-Insanity: mental illness
- Duress: forced to preform again her will
-Entrapment: wouldnt have broken the law if they werent force

Hung jury

when a jury is unable to reach a trial

Post trial procedure

appeal but you cannot appel in a petit jury

tools for fighting buiness crime

Racketeer influenced and corrupt organizations (rico) - penalties for cimes preformed as a part of an ongoing crimanl organizations

tools for fighting business crime

False claim act - allow employees to sue employers fir fraud against the government if they win the person get 25% of cash

Sarbanes-oxley act

criminalizes accountant work so i think just making sure there are good records kept its illegal to provide non audit services.

whistle blowers

almost no states protect employers who go to the media to tattle tail