chapter 10

Cyber crime

A crime that occurs online, in the virtual community of the Internet, as opposed to the physical world.

Felony

A crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, usually ranging from one year in a state or federal prison to the forfeiture of one's life.

Necessity

A defense against liability.

Entrapment

A defense in which the defendant claims that he or she was induced by a public official—usually an undercover agent or police officer—to commit a crime that he or she would otherwise not have committed.

Information

A formal accusation or complaint (without an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a law officer, such as a magistrate.

Grand jury

A group of citizens called to decide, after hearing the state's evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and whether a trial ought to be held.

Actus reus

A guilty (prohibited) act.

Misdemeanor

A lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other than a state or federal penitentiary.

Hacker

A person who uses one computer to break into another.

Exclusionary rule

A rule under which any evidence that is obtained in violation of the accused's constitutional rights guaranteed by the Fourth, Fifth, and Sixth Amendments, as well as any evidence derived from illegally obtained evidence, will not be admissible in court.

Double jeopardy

A situation occurring when a person is tried twice for the same criminal offense.

Worm

A type of malware that is designed to copy itself from one computer to another without human interaction.

Virus

A type of malware that is transmitted between computers and attempts to do deliberate damage to systems and data.

Crime

A wrong against society proclaimed in a statute and punishable by society through fines and/or imprisonment—or, in some cases, death.

Money laundering

Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise—in effect, "laundering" the "dirty money."

Cyber fraud

Fraud that involves the online theft of credit-card information, banking details, and other information for criminal use.

Self-incrimination

Giving testimony in a trial or other legal proceeding that could expose the person testifying to criminal prosecution

Phishing

Online fraud in which criminals pretend to be legitimate companies by using e-mails or malicious websites that trick individuals and companies into providing useful information, such as bank account numbers, Social Security numbers, and credit-card numbers.

Probable cause

Reasonable grounds for believing that a search should be conducted or that a person should be arrested.

Botnet

Short for robot network—a group of computers that run an application controlled and manipulated only by the software source.

Self-defense

The legally recognized privilege to protect one's self or property against injury by another.

Arson

The malicious burning of another's dwelling.

Plea bargaining

The process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval.

Beyond a reasonable doubt

The standard used to determine the guilt or innocence of a person criminally charged.

Burglary

The unlawful entry into a building with the intent to commit a felony.

Larceny

The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property.

Duress

Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform (or refrain from doing something that he or she would otherwise do).

five categories of crime

1.Violent crime 2.Property crime 3.Public order crime 4.White-collar crime 5.Organized crime

Indictment

A charge by a grand jury that a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial should be held.

Search warrant

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property.

Computer crime

Any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution.

Mens rea

Criminal intent.

Malware

Malicious software programs designed to disrupt or harm a computer, network, smartphone, or other device.

White-collar crime

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.

Identify theft

The act of stealing another's identifying information—such as a name, date of birth, or Social Security number—and using that information to access the victim's financial resources.

Embezzlement

The fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted.

Forgery

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

Robbery

the act of forcefully and unlawfully taking personal property of any value from another.

Petty offense

the least serious kind of criminal offense, such as a traffic or building-code violation.

The Sixth Amendment guarantees:

•A speedy trial, a trial by jury, and a public trial •The right to confront witnesses •The right to a lawyer at various stages in some proceedings

The Eighth Amendment prohibits:

•Excessive bail and fines •Cruel and unusual punishment