Chapter 6-BL

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Crime
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an act of omission in violation of public law and punishable by the government
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Actus reus
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wrongful or overt act (one part of the crime)
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Mens rea
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criminal intent or mental fault (2nd part of the crime)
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subject fault
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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
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objective fault
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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
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liability without fault
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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
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felony
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serious crime (any crime punishable by death or imprisonment in a penitentiary)
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misdemeanoer
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less serious crime -any crime punishable by fine or imprisonment in the local jail
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Vicarious liability
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liability imposed on one for the acts of another If you direct someone to steal, you are liable too
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White-collar crime
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nonviolent crime involving deceit corruption, or breach of trust includes things such as embezzlement and forgery
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computer crime
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crime by, with, or at a computer
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Rico
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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
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Larceny
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trespassory taking and carrying away of the goods of another with the intent to permanently deprive theif does not own the property
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embezzlement
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taking the property of one’s employer in a violation of trust The theif lawfully possess the property
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false pretenses
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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
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robbery
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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
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burglary
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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
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extortion
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making threats to obtain property or money (blackmail)
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Bribery
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offering property to a public official to infuence the officials decision
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forgery
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intentional falsefication of a document in order to defraud
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bad checks
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checks issued with funds insufficient to cover them
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Can-SPAM act of 2003
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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
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defense of person or poperty
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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
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Duress
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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
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mistake of fact
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honest and reasonable belief that conduct is not criminal is a defense. Drive away with someone’s car you think is your own
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Entrapment
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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
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steps in a criminal prosecution
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genrally include arrest, booking, formal notice of charges, preliminary hearing to determine probable cause, indictment or information, arraignment, and trial
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Preliminary hearing
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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
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indictment
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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
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information
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formal accusation of a crime brought by a prosecuter a formal accusation of a crime brought by a prosecuting officer, not a grand jury
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arraignment
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accused is informed of the charge against him and enters a plea
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exclusionary rule
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prohibition against the introduction of illegally seized evidence
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Probable cause
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reasonable belief of offenses charged
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Sarbanes-Oxley Act
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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
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Computer fraud and abuse act
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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
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1. criminal law established duties, the violation of which constitutes wrongs against other individuals
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false, violation wrongs against the community but yes it does establish duties
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2. Mala prohibita means the conduct is wrong itsekf or morally wrong
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False, mala prohibita: is not morally wrong but wrongful by law mala in se: wrong in themselves of morally wrong
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3. A corporation cannot be held criminally liable, because a corporation cannot possess the requisite criminal act
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false under certain circumstances a corporation may be convicted of crimes and punished by fines
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4. the most sever punishment against a corporation would be removal of its corporate charter
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true
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5. A grand jury issues a decision called an indictment
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true
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6. To establish the crime of larcey, it is not necessary to prove that there was an intent to deprive the victim permanently of her goods
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false, there must be an intent to deprive permanently
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7. The fifth amendment protects individuals against unreasonable searches and seizures
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false, the fourth amendment does
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8, the exclusionary rule prohibits illegally seized evidence from being introduced into court
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true
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9. the sixth amendment provides the right to jury trial
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true
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10. in a criminal trial, the prosecution must establish guilt beond a reasonable dout
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true
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11. the right to counsel is found in the fifth amendment
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false, the sixth amendment provides a right to counsel
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12. Duress can never be raised as a defense to the commission of a crime
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false, it can
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13. A woman may use deadly force to protect herself against an attack that threatens death or serious bodily harm
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true
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14. A pattern of racketeering under RICO is defined as the commission of two or more predicate acts within a period of ten years
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true
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15. the privilege against self-incrimination extends to both physcial evidence and testimonial evidence
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false, only testimonial evidence
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1. Which of the following would not be a defense available to a criminal defendant A mistake of fact B entrapment C Duress D contributory negligence
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D
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2. Generally a crime consists of which of the following A a wrongful or overt act B The requisite of criminal intent C both D none
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C
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3. A crime punishishable by fine or imprisionment in a local jail is called a: A misdemeanor B felony C White collar crime D mala in se
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A
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4. Which of the following crimes involdes an intentional misrepresentation of fact in order to defraud another A extortion B robbery C burglary D false pretenses
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D
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5. The stage of a criminal trial when the defendant is brought before the court, informed of the charge and allowed to enter a plea, is the: A preliminary hearing B arraigment C sentencing D indictment
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B
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6. taking the goods of another with the intent to permanently deprive them is: A extortion B robbery C embezzlement D larceny
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D
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7. Which of th following is not an esstential element of ribbery A non-trepassory taking B carrying away another’s personal property C directly from the voctim in the victim’s presense D with the intent to deprive the victim permanently of the goods
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A
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8. Individuals are protected against unreasonable searches and seizures by the: A fourth amendment B fifth amendment C sixth amendment D fourteenth amendment
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A
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9. The right to be represented by legal counsel: A the sixth amendment B the fourth amendment C fourteenth amendment D custom
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A
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10 Computer crime involves the use of a computer: A steal money or services B remove personal or business information C tamper with information D all of the above
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D
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11. A warrant is not required for a search by the police when A they have just witnessed a crime B the homeowner agrees to allow the police to enter ans search her garage C They would like to wiretap the phone of a suspected drug dealer D a & b
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D
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12. violations of RICO could be considered A a civil wrong B criminal wrong C a&b D none
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C, the act subjects to severe civil and criminal pentalities enterprises that enegage in rackteering
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when police dont need a warrant
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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
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13. The rule which prohibts the introduction of illegally seized evidence is the A mala in se rule B exclusionary rule C due process rule D predicate act rule
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B
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14. How are crimes distinguished from other forms of unlawful conduct A they are prosecuted by the victims B the result in payment of dmages to the victim C they are offenses against all of society and are punishable by fine and or imprisonment D all of the above
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C
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15. Company knew of unsafe consitions and did nothing about it and someone dies A the officiers only would be liable B the compnay would be liable C both the officers and the company would be liable D neither would be liable
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C
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1. Distinguish between a tort and a crime and identify the essential elements of a crime
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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.
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2. discuss the four defenses most relevant to white-collar crimes and crimes against business
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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.
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3, state the purpose of RICO act
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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.
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5. identify and discuss the major constitutional protections for the accused in our criminal justice system
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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.

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