Chapter 7

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. - guilty act - wrongful behavior - to prove this, the government must establish the nonmental elements of the crime and demonstrate that a prohibited act or consequence resulted because of the defendant's actions

burglary

Breaking and entering a building with the intention of committing a crime the unlawful entry of a structure to commit a felony or theft entering a building unlawfully with intent to commit a felony or to steal valuable property - occurs when someone unlawfully enters a building with intent to commit a felony

infants

Less than 1 year of age - by law, persons under the age of majority (the age at which someone becomes a legal adult)

Entrapment

The defense that the individual was induced by the police to commit the criminal act. A defense requiring proof that the defendant would not have committed the crime but for police trickery. a gradual process in which individuals escalate their commitment to a course of action to justify their investment of time, money, or effort - applies if the idea for a crime originated with a police officer or some other government official who suggested it to the defendant, who would not otherwise have committed the crime

Misdemeanors

a criminal offense, less serious than a felony, punishable by a prison sentence of one year or less less serious crimes less serious crimes usually punishable by a sentence in a local jail

False Pretenses

behavior intended to deceive others. one who obtains money or other property by lying about a past or existing fact obtaining property by lying about a past or existing fact - the illegal obtaining of property belonging to another through materially false representations of an existing fact, with knowledge of their falsity and intent to defraud

First Appearance

determinations about bail are made An appearance before a magistrate during which the legality of the defendant's arrest is initially assessed and the defendant is informed of the charges on which he or she is being held. At this stage in the criminal justice process, bail may be set or pretrial release arranged. The initial appearance of an arrested individual before a judge, who determines whether there was probable cause for the arrest. If the judge ascertains that probable cause did not exist, the individual is freed.

purposefully commit a crime

engaging in a specific wrongful behavior to bring about a specific wrongful result

defendant is reckless

if a criminal act occurs when the individual consciously ignores substantial risk

defendant is negligent

if he or she does not meet the standard of care a reasonable person would use under the circumstances

necessity

n. 1. Anything that cannot be done without or that is greatly needed. 2. The condition of being needed. anything that cannot be done without or that is greatly needed The fact of being required or indispensable - "the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged"

justifiable use of force

self-defense The use of force that is necessary to prevent imminent death or great bodily harm to oneself or another or to prevent the imminent commission of a forcible felony. A person may legally use force to defend against the use of force by another. - although not typical in white-collar crime cases, one defense in cases of physical violence - best example is self-defense in protection of you life

robbery

the taking of property from a person's possession by using force or threats the unlawful taking of property from a person's immediate possession by force or intimidation - if force of fear is absent, THE CRIME IS THEFT

Mistake of Fact

(1) A mistake that is not caused by the neglect of a legal duty by the person committing the mistake but, rather, consists of unconscious ignorance of a past or present material event or circumstance. (2) An affirmative defense in which the defendant tries to prove that she or he made an honest and reasonable mistake that negates the guilty-mind element of a crime. an erroneous belief about the facts of the contract at the time the contract is concluded honest and reasonable belief that conduct is not criminal - defense tries to prove the defendant made an honest and reasonable mistake that negates the guilty-mind element of a crime

plea bargain

(criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge a defendant's admission of guilt in exchange for a less severe punishment Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense. - an agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if the defendant pleads guilty

arrested

- checked or stopped in motion - held by the police - stopped

arson

- intentional burning of another's dwelling illegal burning of property the crime of deliberately setting fire to something the criminal act of deliberately setting fire to property

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. - right to a speedy and public trial - right to a trial by an impartial jury of one's peers - right to be informed of the accusations against oneself - right to confront witnesses - right to have witnesses on one's side - right to counsel at various stages of the proceedings

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law. - prohibition of double jeapordy - right not to incriminate oneself - right to due process

fraud

A dishonest act by an employee that results in personal benefit to the employee at a cost to the employer. A deliberate deception intended to secure an unfair or unlawful gain wrongful or criminal deception intended to result in financial or personal gain - encompasses a variety of means by which an individual intentionally uses misrepresentation to gain an advantage over another Fraud generally requires the following three elements: 1. a material false representation made with intent to deceive (scienter) 2. victim's reasonable reliance on the false representation, and 3. damages

booking

A law enforcement or correctional administrative process officially recording an entry into detention after arrest and identifying the person, the place, the time, the reason for the arrest, and the arresting authority. The formal process of making a police record of an arrest - after being arrested and read their miranda rights, defendants are taken to the police station for this - a procedure during which the name of the defendant and the alleged crime are recorded in the investigating agency's or police department's records

Arraignment

A legal document calling someone to court to answer an indictment a hearing in which a suspect is charged and pleads guilty or not guilty - the defendant appears in court to answer the indictment in an appearance - at this time, the defendant enters a plea of guilty or not guilty

Insanity

A legal term, not a psychological or psychiatric one, referring to a person who is unable, because of a mental disorder or defect, to conform his or her behavior to the law. A legal status indicating that a person cannot be held responsible for his or her actions because of mental illness. a legal term describing one's inability to be responsible for one's action due to the condition of the mind - if their mental condition when the crime was committed was so impaired that they could not 1. understand the wrongful nature of the act 2. distinguish between right and wrong in a general sense

Involuntary Intoxication

An affirmative defense in which the defendant claims that she took the intoxicant without awareness of its likely effect, mistook its identity, or was forced to ingest it and that it left her unable to understand that the act committed was wrong. intoxication that is not willful an excuse to criminal liability in all states; it includes cases in which defendants don't know they're taking intoxicants or know but are forced to take them - a person who was forced to ingest or involuntarily ingested an intoxicating agent

liability without fault (strict liability)

In strict liability cases, the prosecutor has to prove only that defendants committed a voluntary criminal act that caused harm. liability in which responsibility for damages is imposed regardless of the existence of negligence a legal term that imposes responsibility for damages regardless of the existence of negligence - applies to actions that regardless of the care taken, are specifically prohibited, such as selling or alcohol to a minor

white collar crime

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage. job-related crimes committed by high-status people crime committed by people of high social position in the course of their occupations - a variety of nonviolent illegal acts against society that most often occur in the business context

Criminal Procedure

Pretrial procedure: the arrest, booking, first appearance, indictment, and arraignment Trial procedure: Jury selection, trial with burden of proof on prosecution, jury deliberations, jury verdict, and (if guilty) sentencing hearing Posttrial procedure: Appeal

Fourth Amendment

Protects against unreasonable search and seizure - protection from unreasonable search and seizure - restrictions on warrants

Tools for Fighting Business Crime

RICO: Prohibits persons employed by or associated RICO to recover treble damages and attorneys fees in a civil action False Claims Act: Allows employees to sue employers on behalf of the federal government for fraud against the government. The employee retains a share of the recovery as a reward for his or her efforts Sarbanes-Oxley Act: Criminalizes specific non audit services when provided by a registered accounting firm to an audit client; also increases the punishment for a number of white-collar offenses

Miranda Rights

Statements that must be made by the police informing a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by the court if the suspect cannot afford one. Rights possessed by persons who are arrested by the police. (Remain silent, Attorney, etc.) A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona. - if the officer fails to inform a citizen of their miranda rights, any information a defendant offers at the time of the arrest is no admissible at trial

Eighth Amendment

The constitutional amendment that forbids cruel and unusual punishment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. - freedom from excessive bail - freedom from excessive fines - freedom from cruel and unusual punishment

probable cause

The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence. reasonable grounds (for making a search, pressing a charge, etc.). reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion - likelihood that a suspect committed or is planning to commit a crime

Mens Rea (guilty mind)

Viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty unless the mind is also guilty". Thus, in jurisdictions with due process, there must be an actus reus accompanied by some level of mens rea to constitute the crime with which the defendant is charged (see the technical requirement of concurrence). As a general rule, criminal liability does not attach to a person who acted with the absence of mental fault. The exception is strict liability crimes. In civil law, it is usually not necessary to prove a subjective mental element to establish liability for breach of contract or tort, for example. However, if a tort is intentionally committed or a contract is intentionally breached, such intent may increase the scope of liability as well as the measure of damages payable to the plaintiff. Therefore, mens rea refers to the mental element of the offence that accompanies the actus reus. The state of mind that accompanies a criminal act Criminal intent, or a mental state of mind that is required, which leads to criminal liability for a particular crime. - wrongful state of mind - guilty mind - the government must prove that the defendant acted with purpose, knowledge, recklessness, or negligence, depending on which of these states of mind is required by the law defining the relevant offense

indictment

a formal charge or accusation of a serious crime the act of accusing; a formal accusation A formal charge by a grand jury - a written accusation against the defendant

cyber terrorist

a hacker who intends to exploit a target computer or network to create a serious impact, such as crippling a communications network or sabotaging a business or organization Someone who uses the Internet or network to destroy or damage computers for political reasons. A hacker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network or the sabotage of a business or organization, which may have an impact on millions of citizens if the terrorist's attack is successful. - a hacker who intends to exploit a target computer or network to create a serious impact, such as crippling a communications network or sabotaging a business or organization

petty offense

a minor crime, usually punished by a ticket rather than being arrested The least serious kind of criminal offense, such as a traffic or building-code violation. In criminal law, the least serious kind of criminal offense, such as a traffic or building-code violation.

nolo contendere

a plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered but does not admit guilt. a defendant's plea declaring that he will not make a defense but not admitting his guilt - not admitting guilt but agreeing not to contest the charges

Bail

a sum of money used as a security deposit the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court. A sum of money used as a security deposit to ensure that an accused person returns for his or her trial

petit jury

a trial jury, usually consisting of 6 or 12 people, that weighs the evidence presented at a trial and renders a verdict A jury of 6 to 12 persons who determine guilt or innocence in a civil or criminal action - fact finding jury

computer crime

any illegal act involving the use of a computer or related devices Any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution. any illegal act involving a computer - refers broadly to any wrongful act that 1. is directed against computers 2. uses computers to commit a crime 3. involve computers

legal principle

as a general rule, when a lower-level employee commits a crime, she or he will be individually liable for the crime, and under the responsible corporate officer doctrine, the employee's manager, and any other corporate official who could have prevented the crime, can also be held vicariously liable for the crime

duress

compulsion, force (n.) compulsion by threat; forcible confinement - threatened with serious bodily harm of loss of life - more serious than harm - immediate and inescapable

affirmative defenses

excuses for unlawful behavior defendants have to "start matters off by putting in some evidence in support" of their defenses of justification and excuse defenses used by defendants in medical professional liability suits that allow the accused to present factual evidence that the patient's condition was caused by some factor other than the defendant's negligence - infancy, mistakes fact, intoxication, insanity, duress, and entrapment

forgery

falsely making or materially altering a writing to defraud another something counterfeit; an illegally produced imitation The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another. - the fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another

knowingly commit a wrongful act

if the person knows the act is wrongful or believes so yet does nothing to confirm or disconfirm this belief

insider trading

illegal practice of using special knowledge about a firm for profit or gain the illegal trading of a company's stock by people using confidential company information an unethical activity in which insiders use private company information to further their own fortunes or those of their family and friends - generally the buying or selling of a security, in breach of a fiduciary duty or other relationship of trust and confidence, while in possession of material, nonpublic, information about the security

Fourteenth Amendment

made "all persons born or naturalized in the United States" citizens of the country A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians. - extension of the right to due process to all state matters - extension of most constitutional rights to defendants at the state level

Felonies

serious crimes usually carrying a penalty of death or of incarceration for more than one year A serious criminal offense punishable by a prison sentence of more than one year - serious crimes, such as murder, that are punishable by imprisonment for more than one year or death

hacker

someone who accesses a computer or network illegally A person who secretly gains access to computers and files without permission. a person who uses computers to gain unauthorized access to data. - a person who illegally accesses a computer system to obtain information or steal money

larcency

the act of stealing another's property theft of personal property - the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or posession

information

the formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause A formal, written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense. a formal charge filed by a prosecutor without the action of a grand jury - formal written accusation stating the facts and specifying the violation of criminal law

burden of proof

the obligation to prove one's assertion. the obligation to present evidence to support one's claim the obligation facing a persuasive speaker to prove that a change from current policy is necessary - two elements - burden of production of evidence: the prosecution must produce any tangible evidence and testimony that prove the elements of the crime the defendant allegedly committed - to meet the burden of persuasion, the prosecutor must persuade the jury beyond reasonable doubt that the defendant committed the crime

bribery

the practice of offering something (usually money) in order to gain an illicit advantage when someone voluntarily offers payment to get an illegal advantage - the offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust under federal statue, the government must show three elements: 1. something of value was offered given or promised to a 2. federal public official with 3. intent to influence that person's judgment or conduct

strict-liability offenses

those offenses that do not require state of mind Crimes that have no mens rea requirement; a person who commits the requisite actus reus may be convicted of the offense regardless of intent. crimes that do not require proof of the defendant's intent

extortion

to blackmail the practice of obtaining something, especially money, through force or threats getting money by threats - the making of threats for the purpose of obtaining money or property

bench trial

trial without a jury A trial before a judge without a jury A trial in which the judge alone hears the case - if the case goes to trial and the crime is a felony or a misdemeanor punishable by six months or more in prison, the defendant has a constitutional right to a jury trial. In most states, if the defendant waives the right to a jury trial, a judge will hear the case and act as fact finder

embezzlement

unlawful taking of property by someone to whom it was entrusted theft or misappropriation of funds placed in one's trust or belonging to one's employer. taking for one's own use in violation of trust; stealing (of money placed in one's care) - wrongful conversion of another's property by one lawfully in possession of it, Embezzlement is distinguished from larceny because the embezzler does not take property from another; he is already in possession of it

Vicarious Liability

when one person is liable for the torts of another Legal responsibility placed on one person for the acts of another. Legal doctrine under which a party can be held liable for the wrongful actions of another party. - courts have held employers liable for the wrongful acts if their employees if the employer directed, partook in, or authorized the wrongful act