Chapter 10
Mail and Wire Fraud
Occurs when someone engaging in a fraudulent activity uses the telephone, Internet or U.S. Postal Service to discuss, send or receive correspondence to further the fraud.
actus reus
guilty act
mens rea
guilty mind
white collar crime
involves 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
bribery
involves offering to give something of value to a person in an attempt to influence that person in a way that serves a private interest
criminal negligence
involves the mental state in which the defendant takes an unjustified, substantial, and foreseeable risk that results in harm
Defenses to Criminal Liability
justifiable use of force, necessity, insanity, mistake, duress, entrapment, statute of limitations, immunity
Misdemeanor
less serious crimes, punishable by a fine or by confinement for up to a year
petty offenses
minor violations (jaywalking, etc)
botnets
networks of computers that have been appropriated by hackers without the knowledge of their owners
phishing
perpetrator fishes for financial data by posing as a legitimate business, sends an email asking the recipient to update information, phisher can sell it or use that info. to masquerade as that person or to drain their bank account
Computer Fraud and Abuse Act
provides that a person who accesses a computer online, without authority, to obtain classified, restricted, or protected data is subject to criminal prosecution
probable cause
reasonable grounds (for making a search, pressing a charge, etc.).
Aggravated Robbery
robbery with the use of a deadly weapon
Felonies
serious crimes punishable by death or by imprisonment for more than one year
Malware
software that is intended to damage or disable computers and computer systems.
self-incrimination
testifying against oneself
indictment
the act of accusing; a formal accusation
Miranda Rule
the constitutional rights which police must read to a suspect before questioning can occur
Property crime
the goal of the offender is some form of economic gain or the damaging of property
robbery
the taking of money, personal property, or any other article of value from a person by means of force or fear
grand theft
the theft of a larger amount of cash or higher-value property
petty theft
the theft of a small quantity of cash or low-value goods
larceny
the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession
Cyberterrorism
the use of computer and networking technologies against persons or property to intimidate or coerce governments, individuals, or any segment of society to attain political, religious, or ideological goals
embezzlement
theft or misappropriation of funds placed in one's trust or belonging to one's employer.
types of crimes
violent, property, public order, white collar, and organized crime
arson
willful and malicious burning of a building or other personal property
elements to be convicted of a crime
-performance of a prohibited act -a specified state of mind, or intent, on the part of the actor
plea bargaining
A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.
identity theft
A crime that involves someone pretending to be another person in order to steal money or obtain benefits
Economic Espionage Act
A federal statute that makes it a crime for any person to convert a trade secret for his or her own or another's benefit, knowing or intending to cause injury to the owners of the trade secret.
money laundering
Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.
duress
(n.) compulsion by threat; forcible confinement
Criminal sanctantions
Fine, liberty, probation, community service, pay restitution, death penalty/punish wrongdoer and deter others from doing the same
criminally reckless
When a defendant consciously disregards a substantial and unjustifiable risk
Organized crime
a business supplying illegal goods or services
necessity
a criminal act was necessary to prevent an even greater harm
Act of Commission
a person must do something in order to be accused of a crime
hacker
a person who uses computers to gain unauthorized access to data.
worm
a software program capable of reproducing itself that can spread from one computer to the next over a network
M'Naghten test
a test that provides that the defendant is not guilty due to insanity if, at the time of the killing, the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong
Crime
a wrong against society set forth in a statute and punishable by a fine and/or imprisonment
insider trading
an unethical activity in which insiders use private company information to further their own fortunes or those of their family and friends
exclusionary rule
any evidence obtained in violation of the constitutional rights spelled out in the fourth, fifth, and sixth amendments, is not admissible at rial.
Criminal Process
arrest, indictment or information, and trial
Theft
crime of obtaining goods by false pretenses
Violent crimes
crimes against persons, cause others to suffer harm or death
crime by an information
criminal complaint/ issued by a govt. prosecutor
Grand Jury
decides if there is enough evidence to go to trial
burglary
entering a building unlawfully with intent to commit a felony or to steal valuable property
Act of Omission
failure to perform an act required by law
deadly force
force likely to cause death or great bodily harm
non deadly force
force that reasonably appears necessary to prevent the imminent use of criminal force
Public order crimes
Acts, such as public drunkenness and disorderly conduct, that threaten society's well-being and make citizens fearful.
Fruit of the Poisonous Tree Doctrine
Any evidence that is obtained from improper sources, is excluded
computer crime
Any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution.
double jeopardy
Being tried twice for the same crime
publicly traded companies
Company whose stock is traded on a public stock exchange
forgery
The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.
beyond a reasonable doubt
The level of proof required to convict a person of a crime