chapter 9

model penal code

a person isn't responsible for criminal conduct if at the time of such conduct as a result of mental disease of defect he/she lacks substantial capacity either to appreciate the wrongfulness of his/her conduct or to conform his/her conduct to the requirements of the law

insanity

a person who suffers from a mental illness may be unable of the state of mind essential to commit a crime; defense to a criminal charge; placed in mental institution instead of imprisonment

preponderance of evidence

a standard in which both parties present evidence to the court, in order to convince the court that the defendant is guilty/not guilty of each allegation; evidence on both sides are more or less true, & are considered by court

indictment

a written document issued by the grand jury to formally charge the defendant w/ a crime

crime

a wrong doing against society as a whole, it can be punishable by a fine &/or imprisonment, & in some cases death

trial

accused person doesn't have to prove anything; the entire burden of proof is on the prosecutor (state); burden of proof is higher in a criminal case compared to a civil case; the prosecution must show that the defendant's guilt is established beyond a reasonable doubt

bribery

an exchange in which someone offers another something of value in order to obtain influence on that person; types - public officials, commercial, & foreign officials

duress

an unlawful pressure of the wrongful threat of 1 person persuades another person to perform an act that he or she would not other wise have performed; can negate the mental state necessary to commit a crime due to the defendant being forced/compelled to commit the crime; can be used as a defense for most crimes except murder; to be considered as a defense, the defendant must reasonably believe that he/she was in immediate danger, & the jury or judge's verdict must conclude that the defendant's belief was reasonable

embezzlement

as someone entrusted w/ someone else's property, if they were to use this other person's property or funds for their own gain w/o authorization that would be when embezzlement occurs

overcriminalization

creates fear of creating a crime unknowingly

violent crime

crime against persons (causes harm/injury/death to victim)

felonies

crimes severe enough to be punished by imprisonment (more than 1 year) or death

necessity

defense against liability; criminal defendants can be released of liability by showing that a criminal act was necessary to avoid an even greater harm

obtaining goods by false pretenses

i.e. purchasing something w/ check knowing there isn't enough funds, or purchasing or purchasing something w/ the use of someone else's credit card w/o authorization

arrest

must be probable cause to believe that the person has committed a crime before issuing a warrant for arrest; probable cause can be a substantial likelihood that the individual has committed or is about to commit a crime; arrests can be made w/o a warrant if there isn't any time to get 1; the action of the arresting officer is still judged by the standard of the probable cause

mistake of law

not a valid defense

not guilty

not enough evidence was properly presented to the court to prove guilt beyond a reasonable doubt

criminal liability

occurs when there is a performance of a prohibited act as well as intent to commit a crime

property crime

offender tries to gain something or damage the property of someone else

grand jury

their job is to hear the state's evidence & to determine whether a reasonable basis (probable cause) exists for believing that a crime has been committed & that a trial should to be held

insider trading

to profit by stock-trading info that has been previously known by this individual about inside info; violates securities law, can't disclose private info when there is a duty to disclose it to outsiders

mistake of fact

valid defense; can excuse criminal responsibility if it negates the mental state necessary to commit a crime

organized crime

operates illegitimately in which goods & services are illegal; includes gambling/prostitution/drugs/loan sharking/credit card scam

receiving stolen goods

person receiving stolen goods know that what they are receiving has been stolen (implies intent to deprive someone of their goods)

money laundering

profits that come from organized illegally look "clean" by doing it through a real business (making a business profit increasingly little by little - "legitimate income")

actus reus

prohibited/guilty act

guilty act

prosecutor is punished for crime against society; harm to a person or property must be provided as evidence; thoughts to commit a crime can't be punishable in court (no harm done)

Mail Fraud Act

1990; crime to use mail to illegally obtain money from the public; includes causing another person to write something that can lead to scheming & illegally obtaining money from the public; use false pretenses in order to organize a scheme & illegally obtain money from the public (public adds w/ no validity);

economic espionage act

1996 makes the theft/purchase/possession of another's trade secrets in a federal crime; must have authorization; any gain from selling/buying trade secrets (any property) can be subject to criminal forfeiture (can be taken away)

white-collar crime

a crime that occurs in business context, an illegal act that victimizes someone by an individual or business in order to obtain a personal/business related gain/advantage; includes corporate crime

information

a formal criminal complaint or charge made by the prosecutor; used in lesser crimes; issued by the government prosecutor if the prosecutor determines that there is necessary evidence to vindicate bringing the individual to trial

entrapment

defense designed to prevent police officers or other government agents from enticing persons to commit crimes in order to later prosecute them for those crimes; to consider as defense, the suggestion & inducement must occur; doesn't intend to prevent law enforcement agents from setting a trap for an unwary criminal, but to prevent them from pushing the individual into a criminal act

criminal procedures

designed to protect the constitutional rights of individuals & to prevent the arbitrary use of power on the part of the government

criminal process

differs from a civil case & the differences reflect the desire to safeguard the rights of the individual against the state; 3 phrases - arrest, indictment or info, & trial

bankruptcy fraud

federal bankruptcy law lets people/businesses be relieved of oppressive debt through bankruptcy; but through the process those involved can commit many crimes such as filing false claims & transferring assets to favored parties

use of non-deadly force

force that reasonably seems necessary to prevent the impending use of criminal force

self-incrimination

guaranteed by the 5th amendment reading "nor shall [any person] be compelled in any criminal case to be witness against himself"

criminal negligence

he/she consciously disregarding the law

misdemeanors

less severe crimes punishable by fine or confinement (up to 1 year)

use of deadly force

likely to result in death or serious bodily harm; can be used when defender reasonably believes that imminent death/grievous bodily harm will result & can't escape/evade the situation

criminal provisions

may need to forfeit any assets obtained through racketeering activity; fines up to $25,000 per violation; must be guilty of at least 2 racketeering acts in order to be prosecuted

petty offenses

minor crimes (violations) that is punishable by fine/jail (for a few days) in correspondence to local law

criminal recklessness

model panel code - the defendant should have foreseen the risks (despite being aware or unaware) but still took action despite unjustified risks & results in harm

public order crimes

most common public order crimes - public drunkenness, prostitution, gambling, illegal drug use; crimes that are victimless b/c are a harm to one's self (offender)

aggravated robbery

robbery that includes the use of an assault weapon

larceny

someone would take another's property w/ intent of purposefully keeping their property; stealing w/o threat factor (fear/force)

criminal law

state must prove its case "beyond a reasonable doubt"; prosecutor must prove beyond a reasonable doubt that the defendant has committed every offense w/ which she/he is charged; jury's verdict normally must be unanimous vs. in a civil trial ( only 3/4 need to agree)

forgery

the altering of any writing (physical or online) in which legal rights & liabilities are altered w/o authorization to; i.e. changing trademarks, falsifying public records, counterfeiting, altering legal documents

burglary

the breaking & entering into another's w/ the intent to commit a crime

arson

the burning of a property w/ full intent & will to do so

self-defense

the legally recognized privilege to protect one's self or property against injury by another; protect only acts that are reasonably necessary to protect one's self or property

plea bargaining

the process by which the prosecuting lawyers & the defending in a criminal case work out a mutually satisfactory disposition of a case, subject to court approval

immunity

the state may wish to obtain info from a person accused of a crime; granted by the state from prosecution or agree to prosecute for a less serious offense in exchange for the info; if given, the person has an absolute privilege against self-incrimination & can no longer object to testify on 5th amendment grounds

statute of limitations

the state must initiate criminal prosecution w/ a certain number of years; apply to crimes just like they do to civil wrongs except crime of murder; if criminal action is brought past the statutory time period, the accused person can raise it as a defense

robbery

the taking of another person's belongings

civil liability

when there is a RICO violation, the government can imply penalties that include forfeiture or the shut down of a business; individuals can sue to recover (usually more than what was lost); the financial gain by the plaintiff creates a controversy in which many now seek violations of RICO in order to obtain financial gain

mens rea

wrongful mental state in which there is an awareness or desire to commit a guilty act