Legal Ethics Chapter 10: Criminal Law

probation

A common penalty for committing crime, which means that the criminal is under the supervision of the court but is not confined.

due process

A constitutional guarantee of fairness by procedure.

misdemeanor

A criminal offense that is less serious than a felony but more serious than an infraction.

infraction

A criminal offense, which is less serious than a misdemeanor. ex: parking ticket

entrapment

A defense that may be raised by a criminal defendant. Occurs when the government induces someone to commit a crime that he or she had no previous propensity to commit.

infancy

A defense that may be used by persons who have not yet reached the age of majority, typically eighteen years of age.

burden of proof

A duty to prove. In a criminal trial, it is on the prosecution. In a civil trial, the it is usually the plaintiff's burden.

CAN-SPAM Act

A federal statute carrying civil and criminal penalties for spamming.

Sherman Anti-Trust Act

A federal statute prohibiting antitrust activities.

Computer Fraud and Abuse Act

A federal statute that carries punishments for compromising computers used in interstate commerce or communication.

Economic Espionage Act

A federal statute that criminalizes the theft of trade secrets, among other things.

Racketeer Influenced and Corrupt Organizations Act (RICO)

A federal statute that penalizes racketeering activities.

Foreign Corrupt Practices Act (FCPA)

A federal statute that, among other things, outlaws the payment of bribes.

Unauthorized Access to Stored Communications Act

A federal statute to protect the confidentiality of e-mail and voicemail.

forgery

A form of counterfeiting. ex of embezzlement

blackmail

A form of extortion that occurs when someone threatens to reveal a harmful truth, such as involvement in criminal activity, but agrees to remain silent if he is paid.

insider trading

A form of securities fraud.

indictment

A formal document in which the government accuses a legal person of a crime.

blue-collar crime

A generic term used to describe crimes that are not white-collar crimes.

mens rea

A guilty mind, or a criminal state of mind.

insanity

A lack of capacity defense, specifically applicable when the defendant did not understand that his or her actions were wrong.

criminal

A legal person convicted of a crime.

felon

A legal person convicted of a felony.

exclusionary rule

A means to suppress evidence that was obtained illegally, aka fruit of the poisonous tree

fine

A monetary penalty.

crime

A public injury.

Ponzi scheme

A pyramid scheme, which is a particular type of fraud.

felony

A serious criminal offense, punishable with a prison sentence of more than one year or, in some circumstances, death.

white-collar crime

A term used to describe nonviolent crimes committed by people in their professional capacity or by organizations.

obstruction of justice

Acting in a manner that creates obstacles to the administration of justice.

environmental crimes

Actions that violate federal or state statutes relating to the environment, which carry criminal sanctions.

consent

An exception to the warrant requirement, in which a person with valid authority permits a search to proceed without a warrant.

stop and frisk

An exception to the warrant requirement, specifically permitted when a person is stopped for some permissible purpose by law enforcement officers. Allows a pat-down search or a "frisk."

lawful arrest

An exception to the warrant requirement, specifically referring to a pat-down search permitted when someone is lawfully arrested, among other things.

exigent circumstances

An exception to the warrant requirement, specifically when an emergency exists, such as a hot pursuit.

automobile exception

An exception to the warrant requirement, specifically when the vehicle is detained pursuant to a lawful stop.

Federal Sentencing Guidelines

Created by the U.S. Sentencing Commission to provide advisory guidelines to federal judges when sentencing criminals.

cybercrimes

Crimes that are committed virtually.

financial institution fraud

Fraud against banks and other similar institutions, such as credit unions. Cases of this can involve people who falsify tax documents, or profit and loss statements to gain funding from banks, as well as those who commit money laundering

securities fraud

Fraud committed in the context of investments regulated by the SEC. when someone uses deception to circumvent the regulations or statutes interpreted by the U.S. Securities and Exchange Commission (SEC) to acquire money or property

health care fraud

Fraud committed in the context of the health care field. A physician who submits false claims to health insurance companies to receive money is a common example

wire fraud

Fraud committed over interstate wire, such as by telephone. ex of embezzlement

kickbacks

Incentive payments that are given to someone who makes decisions to encourage others to pay for something. Ex: a biomedical company might offer training, travel, or other benefits to doctors who recommend their products to patients.

Forfeiture

Involuntarily losing ownership of property that was used in criminal activities. Common in illegal drug trafficking cases

employee theft

Larceny by employees.

shoplifting

Larceny of goods in a retail establishment.

antitrust laws

Laws that seek to prevent activities that reduce or eliminate economic competition.

perjury

Lying under oath.

misappropriation

Obtaining a trade secret by improper means.

custodial interrogation

Occurs when a suspect is in custody, which means that the suspect cannot leave, and subject to interrogation, which means that words spoken or actions undertaken by government officials are likely to induce a response.

money laundering

Occurs when funds gained from illegal activities are processed through a seemingly legitimate business to "clean" the funds from association with criminal activities.

bribery

Occurs when someone pays a government official to influence his or her decision or actions in his or her official capacity for the benefit of the person paying the bribe. Prohibited by FCPA ex: grease payments

embezzlement

Occurs when someone takes property that was in his or her possession lawfully and then converts it to his or her own use. ex: forgery or wire fraud

grease payments

Payments given to speed up a process that will occur, rather than to influence a decision. ex of organized crime

Restitution

Penalty levied to repay to damages. Common for vandalism

whistleblowers

People who report the illegal activity of their employers or of their organization to authorities.

Miranda warnings

Read to persons in custody, so that they are made aware of some of their constitutional rights. Failure to read this when someone is subject to a custodial interrogation may render statements uttered by the suspect inadmissible under the exclusionary rule.

arson

The act of intentionally setting fire to property.

actus reus

The guilty act, or the criminal action.

presumption of innocence

The presumption made about any criminal defendant prior to verdict. Criminal defendants do not have to prove their innocence.

preponderance of the evidence

The standard of proof in a civil trial. It means that the evidence that supports the claim is more likely than not.

beyond a reasonable doubt

The standard of proof in a criminal trial. It means that the evidence must be so compelling that there is no reasonable doubt as to the defendant's guilt.

probable cause

The standard required for a search warrant to be issued. It arises when there is enough evidence, such as through corroborating evidence, to reasonably lead to the belief that someone has committed a crime.

larceny

The trespassory taking of property with the intent to deprive the owner of it.

identity theft

The unauthorized use of someone else's identity, typically for financial gain.

fraud

The use of deception to acquire money or property.

corporate espionage

The use of deception to acquire the secrets of an economic competitor for financial gain.

insurance fraud

The use of deception to receive insurance funds. A common context of this is arson

double jeopardy

This means that the government may not prosecute someone twice for the same offense. It is prohibited by the Fifth Amendment to the U.S. Constitution.

acquitted

To be found not guilty of a crime, defendant is released and cant be tried again for the same crime

extortion

When someone obtains property through coercion by threat of some future action. example of this is when a neighborhood gang extracts "protection payments" from local businesses. ex of blackmail

vandalism

Willful or malicious destruction of property.