Criminal Law and Cyber Crime
online auction fraud
a person lists an expensive item for auction, on either a legitimate or a fake auction site, and then refuses to send the product after receiving payment
A mistake of fact
can normally excuse criminal responsibility if it negates the mental state necessary to commit a crime
Bankruptcy Fraud
concealing assets to avoid having to forfeit them; intentionally filing false or incomplete forms
advance fee fraud
consumers order and pay for items that are never delivered
Liability of Corporate Officers and Directors
corporate officers and directors are personally liable for crimes either they or their agents commit under the "responsible corporate officer" doctrine
Liability of the Corporate Entity
corporations normally are liable for the crimes committed by their agents and employees within the course and scope of their employment
Fifth Amendment
no one be deprived of "life, liberty, or property without due process of law" and prohibits double jeopardy
The Foreign Corrupt Practices Act (F C P A)
prohibits U.S. businesspersons from bribing foreign officials to secure beneficial contracts
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
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
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
Insider Trading
A person may not profit from the purchase or sale of securities based on inside information until the information is made available to the public
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
Crime
A wrong against society proclaimed in a statute and punishable by society through fines and / or imprisonment—or, in some cases, death
Cyber fraud
Fraud that involves the online theft of credit card information, banking details, and other information for criminal use.
Examples of organized crimes
Gambling, prostitution, illegal narcotics, counterfeiting, and loan sharking (lending funds at higher-than-legal interest rates)
Self-incrimination
Giving testimony in a trial or other legal proceeding that could expose the person testifying to criminal prosecution
Criminal procedures
Protect the constitutional rights of individuals and prevent the arbitrary use of power on the part of the government
Fourth Amendment
Protects against unreasonable search and seizure
Criminal sanctions
Punishments are typically harsher in criminal cases and include fines as well as incarceration
The Economic Espionage Act makes it a federal crime to
Steal trade secrets and buy or possess another person's trade secrets, knowing that the trade secrets were stolen or otherwise acquired without the owner's authorization
Self-defense
The legally recognized privilege to protect one's self or property against injury by another
Beyond a reasonable doubt
The level of proof required to convict a person of a crime
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)
Necessity
a defense against liability
Indictment
a formal charge or accusation of a serious crime
Insanity
a legal term describing one's inability to be responsible for one's action due to the condition of the mind
Sixth Amendment
A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.
Two elements to be convicted of a crime
1. The performance of a prohibited act (act us re us) 2. A specified state of mind, or intent, on the part of the actor (mens rea)
Types of Crimes
1. Violent crime 2. Property crime 3. Public order crime 4. White-collar crime 5. Organized crime
double jeopardy
Being tried twice for the same crime
Public order crime
Drunkenness, Prostitution, Gambling, Illegal drug use
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
White- Collar Crime
Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage
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
Petty offense
The least serious kind of criminal offense, such as a traffic or building-code violation.
Racketeering
the criminal action of being involved in an organized effort to engage in illegal business transactions
Scope of Warrant
warrants must have a specific description of what is to be searched or seized