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