Chapter 6 part 1 – Flashcards

• Burden of Proof • Criminal Sanctions

o In a civil case, prove case by a preponderance of the evidence. the plaintiff must convince the court that it is more likely than not that the plaintiff's allegation is true. o In a criminal case, the state must prove its case beyond a reasonable doubt. • government (prosecutor) must prove beyond a reasonable doubt that the defendant has committed the offense with which she or he is charged. o in a criminal case, the jury's verdict normally must be unanimous—agreed to by all members of the jury—to convict the defendant

o The sanctions imposed on criminal wrongdoers are also harsher than those applied in civil cases o criminal sanctions are designed to punish those who commit crimes and to deter others from committing similar acts in the future. o Criminal sanctions also include fines o Harshest criminal penalty is the death penalty

• Two elements normally must exist simultaneously for a person to be convicted of a crime: o (1) the performance of a prohibited act and o (2)a specified state of mind or intent on the part of the actor.

o Most crimes require an act of commission o a person mustdo something in order to be accused of a crime o a prohibited act is referred to as the actus reus, or guilty act • For a crime to exist, the guilty act must cause some harm to a person or to property

o A wrongful mental state (mens rea) is generally required to establish criminal liability. o Recklessness and Criminal Negligence o Strict Liability and Overcriminalization • Federal Crimes The federal criminal code now lists more than four thousand criminal offenses, many of which do not require a specific mental state. • Overcriminalization the use of criminal law to attempt to solve social problems, such as illegal drug use

o a corporation is a legal entity created under the laws of a state o Liability of the Corporate Entity o Liability of Corporate Officers and Directors

• corporations are normally liable for the crimes committed by their agents and employees within the course and scope of their employment. • For such criminal liability to be imposed, the prosecutor typically must show that the corporation could have prevented the act or that a supervisor within the corporation authorized or had knowledge of the act

• Corporate directors and officers are personally liable for the crimes they commit, regardless of whether the crimes were committed for their personal benefit or on the corporation's behalf. • corporate directors and officers may be held liable for the actions of employees under their supervision. • responsible corporate officer doctrine, a court may impose criminal liability on a corporate officer regardless of whether she or he participated in, directed, or even knew about a given criminal violation

• five broad categories: violent crime (crimes against persons), property crime, public order crime, white-collar crime, and organized crime. • many crimes may be committed in cyberspace, as well as the physical world

• Crimes against persons, because they cause others to suffer harm or death • Murder is a violent crime. So, too, is sexual assault, or rap • Robbery—defined as the taking of cash, personal property, or any other article of value from a person by means of force or fear—is another violent crime.

• crimes in which the goal of the offender is some form of economic gain or the damaging of property • Robbery is a form of property crime, as well as a violent crime, because the offender seeks to gain the property of another Burglary, Larceny, obtaining Goods by False Pretenses, Arson, Receiving Stolen Goods. Forgery

o Obtaining goods by means of false pretenses is a form of theft that involves trickery or fraud, such as paying for an iPad with a stolen credit-card number

o It is a crime to receive goods that a person knows or should have known were stolen or illegally obtained o To be convicted, the recipient of such goods need not know the true identity of the owner or the thief, and need not have paid for the goods o the recipient knows or should have known that the goods were stolen, and intended to deprive the true owner of those goods

o The willful and malicious burning of a building (and, in some states, vehicles and other items of personal property) is the crime of arson. o arson statutes have been extended to cover the destruction of any building, regardless of ownership, by fire or explosion.

o The fraudulent making or altering of any writing (including electronic records) in a way that changes the legal rights and liabilities of another is forgery. o Forgery also includes changing trademarks, falsifying public records, counterfeiting, and altering a legal document.

o the crime of larceny involved the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession. o larceny is stealing, or theft o Whereas robbery involves force or fear, larceny does not

o , burglary was defined under the common law as breaking and entering the dwelling of another at night with the intent to commit a felony o When a deadly weapon is used in a burglary, the person can be charged with aggravated burglary and punished more severely.

most common public order crimes include public drunkenness, prostitution, gambling, and illegal drug use • referred to as victimless crimes because they normally harm only the offender

• Crimes that typically occur only in the business context are popularly referred to as white-collar crimes. • Embezzlement • Mail and Wire Fraud • Bribery • Bankruptcy Fraud • Theft of Trade Secrets • Insider Trading

When a person who is entrusted with another person's funds or property fraudulently appropriates it,embezzlement occurs. o embezzlement is carried out by an employee who steals funds.

One of the most potent weapons against white-collar criminals are the federal laws that prohibit mail fraud and wire fraud omake it a federal crime to devise any scheme that uses the U.S. mail, commercial carriers or wire, including telegraph, telephone, television, e-mail, and online social media, with the intent to defraud the public o when persons send out advertisements or e-mails with the intent to obtain cash or property by false pretenses. o Persons convicted of mail, wire, and Internet fraud may be imprisoned for up to twenty years and/or fined o If the violation affects a financial institution or involves fraud in connection with emergency disaster-relief funds, the violator may be fined up to $1 million, imprisoned for up to thirty years, or both.

ooffering something of value to someone in an attempt to influence that person to act in a way that serves a private interest. o Three types of bribery are considered crimes: • bribery of public officials • commercial bribery • bribery of foreign officials o intent must be present and proved o Crime of bribery occurs when the bribe is offered

Federal bankruptcy law allows individuals and businesses to be relieved of oppressive debt through bankruptcy proceedings oNumerous white-collar crimes may be committed during the many phases of a bankruptcy proceeding

Trade secrets constitute a form of intellectual property that can be extremely valuable for many businesses. o The Economic Espionage Act of 1996 made the theft of trade secrets a federal crime. o An individual who violates the act can be imprisoned for up to ten years and fined up to $500,000. o If a corporation or other organization violates the act, it can be fined up to $5 million.

Insider trading is a violation of securities law oa person who possesses inside information and has a duty not to disclose it to outsiders may not profit from the purchase or sale of securities based on that information until the information is made available to the public.

• operates illegitimately by, among other things, providing illegal goods and services • the traditional preferred markets are gambling, prostitution, illegal narcotics, and loan sharking (lending at higher than legal interest rates), along with counterfeiting and credit-card scams. • Money Laundering • The Racketeer Influenced and Corrupt Organizations Act

illegal activities generate many billions of dollars in profits each year from illegal drug transactions and, to a lesser extent, from racketeering, prostitution, and gambling. o Under federal law, banks and other financial institutions are required to report currency transactions involving more than $10,000. o Money laundering is engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

To curb the entry of organized crime into the legitimate business world, Congress enacted the Racketeer Influenced and Corrupt Organizations Act (RICO) o Organized Crime Control Act, makes it a federal crime to • (1) use income obtained from racketeering activity to purchase any interest in an enterprise, • (2) acquire or maintain an interest in an enterprise through racketeering activity, • (3) conduct or participate in the affairs of an enterprise through racketeering activity, or • (4) conspire to do any of the preceding activities.