chapter7

actus reus

(pronounced ak-tus ray-uhs) 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.

mens rea

(pronounced mehns ray-uh) Mental state, or intent. A wrongful mental state is as necessary as a wrongful act to establish criminal liability. What constitutes a mental state varies according to the wrongful action. Thus, for murder, the mens rea is the intent to take a life; for theft, the mens rea must involve both the knowledge that the property belongs to another and the intent to deprive the owner of it.

cyber crime

A crime that occurs online, in the virtual community of the Internet, as opposed to the physical world.

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

.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.

grand jury

A group of citizens called to decide, after hearing the state's evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and whether a trial ought to be held.

cyber terrorist

A hacker whose purpose is to exploit a target computer for a serious impact, such as the corruption of a program to sabotage a business.

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

hacker

A person who uses one computer to break into another. Professional computer programmers refer to such persons as ?crackers.?

double jeopardy

A situation occurring when a person is tried twice for the same criminal offense; prohibited by the Fifth Amendment to the Constitution.

crime

A wrong against society proclaimed in a statute and, if committed, punishable by society through fines and/or imprisonment?and, in some cases, death.

computer crime

Any wrongful act that is directed against computers and computer parties, or wrongful use or abuse of computers or software.

money laundering

Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise?in effect, ?laundering? the ?dirty money.?

necessity

In criminal law, a defense against liability; under Section 3.02 of the Model Penal Code, this defense 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

In criminal law, 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.

petty offense

In criminal law, the least serious kind of criminal offense, such as a traffic or building-code violation

exclusionary rule

In criminal procedure, 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.

white-collar crime

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.

robbery

The act of forcefully and unlawfully taking personal property of any value from another; force or intimidation is usually necessary for an act of theft to be considered a robbery.

identity theft

The act of stealing another's identifying information?such as a name, date of birth, or Social Security number?and using that information to access the victim's financial resources

embezzlement

The fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted.

forgery

The fraudulent making or altering of any writing 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. The privilege of self-defense protects only acts that are reasonably necessary to protect one's self or property.

arson

The malicious burning of another's dwelling. Some statutes have expanded this to include any real property regardless of ownership and the destruction of property by other means?for example, by explosion.

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

beyond a reasonable doubt

The standard used to determine the guilt or innocence of a person criminally charged. To be guilty of a crime, one must be proved guilty ?beyond and to the exclusion of every reasonable doubt.? A reasonable doubt is one that would cause a prudent person to hesitate before acting in matters important to him or her.

burglary

The unlawful entry into a building with the intent to commit a felony. (Some state statutes expand this to include the intent to commit any crime.)

larceny

The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property. Some states classify larceny as either grand or petit, depending on the property's value.

duress

Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform.

consent

Voluntary agreement to a proposition or an act of another. A concurrence of wills.

Which of the following DOES NOT describe a felony? a.If found guilty, you are sentenced to prison for up to six months. b.If found guilty, you go to federal or state penitentiary. c.If found guilty, you may face the death penalty. d.If found guilty, you may face life imprisonment.

a.If found guilty, you are sentenced to prison for up to six months. Correct. A felony is, by definition, a serious crime punishable by least one year in prison.

If Carl holds a gun to your head and tells you to steal money from your employer on his behalf (because you're the accountant and can do it rather easily), you: a.have a defense of duress. b.have a defense of mistake of law. c.have a defense of embezzlement. d.have no defense.

a.have a defense of duress. Correct. Carl has induced you to commit a crime by wrongfully threatening you with harm.

Bob often left his friend Mark in charge of his bicycle store. One Saturday evening, after Mark had left for the week, Bob discovered that he was missing $9,000 in cash. Mark may be guilty of: a.robbery. b.embezzlement. c.misappropriation. d.conversion.

b.embezzlement. Correct . Embezzlement occurs when a person wrongfully appropriates property that has been entrusted to him or her by another.

If James takes Ellen's diamond-studded watch from her desk at work while Ellen is at lunch and does not return it, he may be guilty of the crime of: a.battery. b.larceny. c.arson. d.forgery.

b.larceny. Correct. Larceny is the crime of wrongfully or fraudulently taking and carrying away someone's personal property.

Cyber crime can best be defined as: a.a crime against property. b.not a new type of crime but a new way of committing crime--in cyberspace. c.a crime that necessarily also involves a tort. d.organized crime.

b.not a new type of crime but a new way of committing crime--in cyberspace. Correct. Many forms of cyber crime are not new but are simply traditional types of crimes committed in cyberspace

A person may be found not liable for committing a crime if that person: a.is over the age of eighteen. b.suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts. c.is voluntarily intoxicated. d.made a mistake of law.

b.suffers from a mental disease and lacks substantial capacity to appreciate the wrongfulness of his or her acts. Correct. Insanity might be a defense to a criminal charge.

Perhaps the most significant federal statute specifically addressing cyber crime is the: a.Uniform Trade Secrets Act. b.Anticybersquatting Espionage Act. c.Counterfeit Access Device and Computer Fraud and Abuse Act. d.Berne Convention.

c.Counterfeit Access Device and Computer Fraud and Abuse Act. Correct. This act, as amended, provides that those who access, or attempt to access, computers online, without authorization, to obtain classified, restricted, or protected data are subject to criminal prosecution.

The standard of proof in a criminal law case is: a.by a preponderance of the evidence. b.the 50 percent rule. c.beyond a reasonable doubt. d.by clear and convincing evidence.

c.beyond a reasonable doubt. Correct. This is the standard of proof used in criminal cases.

If you are convicted of disorderly conduct and are sentenced to pay a fine and nothing more, you have committed: a.a fifth degree felony. b.a misdemeanor. c.a third degree felony. d.only a tort.

d.corporate officers may be held liable for statutory violations committed by employees under their supervision. Correct. A misdemeanor is a crime punishable by a fine OR jail time of up to one year.

The "responsible corporate officer" doctrine means that: a.corporate officers must be responsible for their own actions but not for statutory violations committed by employees under their supervision. b.corporate officers are responsible only for profits. c.corporate officers are never responsible for profits. d.corporate officers may be held liable for statutory violations committed by employees under their supervision.

d.corporate officers may be held liable for statutory violations committed by employees under their supervision. Correct. This doctrine makes corporate officers criminally liable for statutory violations committed by employees under their supervision.

Indictmen

t(pronounced in-dyte-ment) A charge by a grand jury that a named person has committed a crime.