Ch 7 terms

Grand Jury

A group that hears evidence in a criminal case and decides whether there is enough evidence to bring the accused person to trial.

Actus reus

A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime.

The model Penal Code Test

A person is not responsible for criminal conduct if at the time, as a result of mental disease or defect, the person lacks substantial capacity either to appreciate the wrongfulness of the conduct or to conform his or her conduct to the law.

The M'Naughten Test

A person is not responsible if at the time of the offense, he or she did not know the nature and quality of the act or did not know that the act was wrong.

The irresistible impulse test

A person operating under an irresistible impulse may not know an act is wrong but cannot refrain from doing it.

Worm

A software program that is capable of reproducing itself as it spreads from one computer to the next

Phishing

A technique to gain personal information for the purpose of identity theft, usually by means of fraudulent e-mail or malicious websites.

Computer crime

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

Commercial Bribery

Attempting, by a bribe, to obtain proprietary info, cover up an inferior product, or secure new business.

Burglary

Breaking and entering the dwelling of another at night with the intent to commit a felony.

Obtaining goods by false pretenses

Buying goods with a check written on an account with insufficient funds.

Double-jeopardy

Trying someone twice for the same criminal offense

6th amendment

Guarantees a speedy trial, trial by jury, a public trial, the right to confront witnesses, etc.

Cyberterrorists

Hackers who, rather that trying to gain attention, strive to remain undetected so that they can exploit computers for a serious impact.

felonies

Serious crimes punishable by death or by imprisonment for more than one year

Hacker

Someone who uses one computer to break into another.

Forgery

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

Self-defense

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

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; usually involves the defendant's pleading guilty to a lesser offense in return for a lighter sentence.

Online auction fraud

when a buyer pays for an auctioned item but doesn't receive it, or receives less than what was promised.

Embezzlement

Fraudulently appropriating another's property or money by one who has been entrusted with it.

Forgery

Fraudulently making or altering any writing in a way that changes the legal right and liabilities of another.

Malware

Any program that is harmful to a computer or, by extension, a computer user.

Identity theft

A crime that involves someone pretending to be another person in order to steal money or obtain benefits

Necessity

A defense against of liability; is justifiable if "the harm or evil sought to be avoided" by a given action "is greater than that sought to be prevented by the law defining the offense charged".

Entrapment

A 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.

Mistake of fact

A defense if it negates the mental state necessary to commit a crime.

Mistake of Law

A defense if the law was not published or reasonably made known to the public or the person relied on an official statement of the law that was wrong.

Virus

A form of malware, is able to reproduce itself but must be attached to an "infested" host file to travel from one computer network to another.

Information

A formal charge issued by a government prosecutor.

Indictment

A formal written statement from a grand jury charging an individual with an offense.

Crime

A wrong against society proclaimed in a statute and punishable by a fine and/or imprisonment - or in some cases death.

White-collar Crime

An illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage.

Cyber Crime

Any criminal activity occurring via a computer in the virtual community of the internet

Exclusionary rule

Any evidence obtained in violation of the constitutional rights spelled out in the 4th, 5th, and 6th amendments generally is not admissible at trial

Money laundering

Falsely reporting income that has been obtained through criminal activity as income obtained thru criminal activity as income obtained thru a legitimate business enterprise.

Cyber Fraud

Fraud committed over the internet

Mens rea

Intent to commit a crime

Petty offenses

Minor violations, such as jaywalking or violations of building codes. They are a subset of misdemeanors

Botnets

Networks of computers that have been appropriated by hackers without the knowledge of their ownders.

5th amendment

No one can be deprived of LLP without due process of law

8th amendment

Prohibits excessive bail and fines and cruel and unusual punishment.

4th amendment

Protection from search and seizure.

Public order Crime

Public drunkenness, prostitution, gambling, and illegal drug use.

self-incrimination

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids this.

Beyond a reasonable doubt

The standard used to determine the guilt or innocence of a person criminally charged. This would cause a prudent person to hesitate before acting in matter important to him/her.

Statutes of limitations

The state only has a certain amount of time to prosecute a crime.

Robbery

The taking of money, personal property, or any other article of value from a person by means of force or fear.

Larceny

The unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession.

Arson

The willful and malicious burning of a building ( and, in some states, personal property) owned by another.

Strict liability crimes

These crimes do not require a wrongful mental state. Include drug offenses, violations affecting safety, welfare, health.

Duress

This exists when the wrongful threat of one person induces another person to perform an act that he or she would not otherwise have performed.

Mail and wire fraud

To mail or cause someone else to mail something written, printed or photocopied for the purpose of executing a scheme to defraud.

Mail and wire fraud

To use wire, radio, or television transmissions to defraud.

Online retail fraud

When a consumer pays for, but does not receive, an item, which may be nonexistent or worthless.

Embezzlement

When a person entrusted with another person's property or funds fraudulently appropriates that property or those funds.

Vishing

When phishing involves some form of communication.

Larceny

Wrongfully taking and carrying away anothers' personal property with the intent of depriving the owner permanently of the property.

misdemeanor

less serious crimes punishable by a fine or by confinement for up to a year