Law Chapter 5 connect notes

Patriot Act

A statute that contains numerous and broad-ranging provisions designed to protect the public against international and domestic terrorism is known as the __________.

Allen, a graduate student, tries to access a government database out of curiosity. In the process, he accesses classified information. Assuming these facts, Allen could be prosecuted under the _________.

Computer Fraud and Abuse Act

Identify two conditions given to corporations under deferred prosecution agreements

-Agreement to pay monetary penalties -Submit to outside monitoring of a corporation's activities

Identify two statutes under the Sarbanes-Oxley Act.

-White-Collar Crime Penalty Enhancement Act -Corporate and Criminal fraud Accountability Act

Criminal

According to the Constitution, if behavior is protected it cannot be deemed ___________.

Negligence

Means that the accused failed to perceive a substantial risk of harm that a reasonable person would have perceived.

Fourth

The __________ Amendment protects persons against arbitrary and unreasonable governmental violations of their privacy rights.

-Whether Shaw's actions show he intended to defraud a 'financial institution' (a bank). -Whether the court agreed with Shaw's argument that he only intended to defraud a bank customer.

What was the main ISSUE (legal question) in the Shaw v. United States case?

commerical speech

________ receives a less substantial First Amendment shield known as "intermediate" protection.

A federal crime under the federal Computer Fraud and Abuse Act, Adam ___________

accesses his company server without authorization to obtain details of the company's trade secrets.

Crimes are PUBLIC WRONGS

acts prohibited by the state or federal government.

If an unreasonable search or seizure took place, the one correct answer would be that: _____________.

an evidence obtained as a result of an unreasonable search cannot be used in a criminal case.

Complaints

are sworn allegation from a third party complainant, not the states attorney.

Individual liability, unlike a(n) _________, does not force a corporation to give up the profits flowing from a violation.

corporate fine

This expansion of corporate criminal liability involved imputing the ____________ of employees to the corporation in a fashion similar to the imposition of tort liability on corporations under the _________ doctrine.

criminal intent, respondent superior

Individual liability may provide better __________ than corporate liability if it enables society to use the criminal punishment threat against those who make important corporate decisions.

deterrence

The federal mail fraud and wire fraud statutes identify the use of __ or other similar means of communication to accomplish a fraudulent scheme as criminal.

e-mail telephone mail

Identify two goals established by the Sarbanes-Oxley Act: __________ and __________.

ensure auditor independence bring about higher levels of accuracy in corporate reporting of financial information

One true statement under the exclusionary rule is that __________.

evidence seized in illegal searches cannot be used in a later trial against an accused.

The Hobbs Act

extortion which requires the obtaining of items of value from the victim.

Eighth Amendment

forbids cruel and unusual punishment, although it does not define this phrase.

Mens rea

the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused

All of the following are not federal 'white collar' criminal offenses except ONE: _________.

writing a 'hot' or fraudulent check.

suspect

Under the Equal Protection clause, _________ classifications, such as those based on race, are subjected to much closer judicial scrutiny.

One basic remedial device in a case of Fourth Amendment violations is called the ___________.

exclusionary rule

As corporations grew in size and power, legislatures enacted statutes creating regulatory offenses that did not require proof of ___________.

mens rea

While it may be possible to demonstrate culpability on the part of ___________, juries may be unwilling to convict such individuals if they seem to be _________ for their unindicted superiors.

middle-level managers, scapegoats

What was the RULE (law) the Court applied in the Berghuis v Thompkins case?

-All parties agree that the Miranda warning given was in full compliance with these requirements. -The Miranda case formulated a warning that must be given to suspects before they can be subjected to custodial interrogation. The entire dispute centers on the responses—or silence - of the defendant Thompkins.

The U.S. Supreme Court has applied the most important _____________ guarantees to state government actions by "______________" those guarantees into the Fourteenth Amendment's due process protection.

-Bill of Rights -selectively incorporating

What is the Court's ANALYSIS (legal reasoning) in the United States v Anderson case? (Choose TWO correct answers)

-Both spouses were making material misrepresentations and the record is replete with similar evidence. -Given all the evidence, a rational trier of fact could have found all three elements of conspiracy to commit wire fraud beyond a reasonable doubt.

What is the RULE (law) the Court applied in the United States v Anderson case?

-The agreement may be silent and does not need to be formal or spoken. -(2) that the defendant knew the unlawful purpose of the agreement; and (3) that the defendant joined in the agreement willfully -18 U.S.C. § 1349. The government had to prove beyond a reasonable doubt that (1) two or more persons made an agreement to commit wire fraud;

What was the RULE (law) used by the Court in the United States v Jones case?

-The effects against unreasonable searches and seizures -The Constitution protects the right of the people to be secure in their persons, homes, papers. -This right is guaranteed in the Fourth Amendment.

What is the main ISSUE (legal question) in the United States v Anderson case?

-Whether there was sufficient evidence to convict the Andersons of wire fraud -Whether there was sufficient evidence to convict the Andersons of conspiracy to commit wire fraud

Business decisions leading to criminal corporate wrongdoing occurs: ___________.

-from internal bureaucratic failures rather than the conscious actions of any individual or group -from the decisions of many employees none of whom had complete knowledge or specific criminal intent

Computer crime has been prosecuted with some success under existing federal statutes that forbid ___________.

-mail and wire fraud -transportation of stolen property

Identify the expanded abilities of the federal government in terrorism-related investigations under the Patriot Act: _________ and __________.

-monitoring Internet activities -tracking electronic communications

The Fourth Amendment states: the right of the people to be secure in their persons, houses, papers, and effects, against _______ searches and seizures, shall not be violated, and no Warrants shall issue, but upon __________, supported by oath or affirmation.

-unreasonable -probable cause

Individuals who commit crimes ___________ or __________ have always been subject to personal criminal liability for the corporate actions.

-who are responsible officers -while acting in a corporate capacity

demonstrate that the defendant is a candidate for probation or parole.

To convict a defendant of a crime, the government must generally do all of the following except: ________.

The Congress enacted the Foreign Corrupt Practices Act in __________.

1977

statutory

Crimes are __________ offenses and a given behavior is not a crime unless Congress or a state legislature has criminalized it.

Rehabilitation

A component of criminal sanction that prevents undesirable behavior in convicted offenders by changing their attitudes or values is known as __________.

arraignment

A defendant is brought before a court, informed of the charges, and asked to enter a plea during a(n) __________.

presumption of innocence, beyond a reasonable doubt

A fundamental safeguard in our justice system is the ____________ and defendants must be proven guilty ____________.

misdemeanor

A lesser offense such as disorderly conduct or battery resulting in minor physical harm to a victim is known as a(n) __________.

Felony

A serious crime such as murder, sexual assault, arson, drug-dealing, or a theft or fraud offense of sufficient magnitude is classified as a(n) ________.

books and movies which contain explicit sexual content are not obscene if they have serious literary, artistic, political, or scientific value.

According to the authors, the Miller test's final element is the one most likely to derail the government's obscenity case against a defendant:

Penn, a patient who is hysterical and lacks sanity

All of the following are examples of criminal intent, except one in which the accused has the incapacity of criminal intent: _____________.

criminal prosecutions threaten corporations with the reputation harming effect of a criminal conviction.

All of the following statements are false statements about the role of criminal law, except: __________. (Choose one correct answer)

Typically you would enter a plea to a felony chare at the ?

Arraignment.

preliminary hearing

At the preliminary hearing, the prosecutor presents evidence and the judge decides if probable cause exists. If there's probable cause the case will be "bound over" for trial.

-misdemeanor -less serious infraction

Choose two classification of traffic violations depending on the seriousness and potential for harm to the public.: __________ and __________.

Under the Double Jeapardy clause, a state _______ or _________ does not prevent a subsequent federal prosecution for a federal offense arising out of the same event.

Conviction

in recent years, the Justice Department has made increased use of

Deferred prosecution.

The ___________ clause prevents a second criminal prosecution for the same offense after acquittal or conviction.

Double Jeopardy

Initial appearance

During this appearance, the magistrate informs the accused of the charges and outlines the defendant's constitutional rights.

The prosecutor brings criminal charges and has the burden of proving: ?

Each element if the offense, beyond a reasonable doubt.

The offering or giving of anything of value to officials of foreign governments in an attempt to influence their official actions was criminalized by the ________.

Foreign Corrupt Practices Act

Workers compensation fraud is a ?

Felony.

What was the Court's CONCLUSION (holding, decision) in the United States v Jones case?

For Jones. The Court held that the government's installation of a GPS device was an unconstitutional search and violated the 4th Amendment

Rehabilitation

It's failure is attributed to high rates of recidivism

________ pleaded guilty to criminal charges in which the government alleged that the firm had violated the FDA's safety data.

GlaxoSmithKline

Disenfranchisement Lengthy confinement to a penitentiary

Identify TWO possible punishments for a felony conviction: __________ and __________.

Nolo Contendere

If you want to avoid a trail and accept punishment without admitting responsibility, you can enter a nolo contendere or no contest plea. _unlink a guilty plea, a nolo contendere plea can't be used against you in the insurance company brings a civil case later on.

criminal law

In the current century, societies increasingly use ________ as a major device for controlling corporate behavior.

Preliminary hearing

In this stage, the prosecutor must introduce enough evidence to persuade a magistrate that there is probable cause to believe the accused committed a felony.

The state's attorney filed this charge against you. We call thins kind of formal criminal charge a ?

Information.

A few police officers obtained an arrest warrant against a suspect in an arms-smuggling case. The officers arrested the suspect and conducted an illegal arms search at the suspect's residence without a search warrant. What result?

It is a search-incident-to-arrest exception.

Booking

It is an administrative procedure for recording a suspect's arrest.

Special Deterrence

It occurs when punishment of an offender deters him from committing further crimes.

Incapacitation

It restricts offenders with less ability to commit other crimes.

General Deterrence

It results when punishment of a wrong-doer deters other persons from committing similar offenses.

First amendment

The protection offered by the __________ to noncommercial speech is so substantial that it is called "full" protection.

If I really don't want to go to trial how should I plead.

Nolo Contendere

presumption of innocence of defendants

One fundamental safeguard under the US legal system, that minimizes the risk of erroneous criminal convictions is the ___________.

incapacitation

One major component of criminal sanctions that contributes to the goal of prevention is ____________.

according to Supreme Court, a commercial speech does no more than propose a commercial transaction.

One true statement about commercial speech is that ____________.

most serious crimes require "mens rea" as an element.

One true statement about criminal intent would be that: ___________.

it plays a major role in limiting government power to enact and enforce criminal laws.

One true statement about the First Amendment would be that ___________.

utilitarian

Persons accepting the __________ view believe that prevention of socially undesirable behavior is the only proper purpose of criminal penalties.

Due Process

The statutes that fail to define a prohibited behavior precisely may be challenged as unconstitutionally vague under the _____________ clause.

What was the Court's CONCLUSION (decision, holding) in the Berghuis v Thompkins case?

REVERSED Sixth Circuit. Against Defendant Thompkins.

1. Detection of a crime 2. Prosecution of a defendant 3. Conviction of a defendant

Rank the factors influencing the probable effectiveness of deterrence starting from the first to the last step.

1. The suspect is booked by a law enforcement officer. 2. The initial appearance during which a magistrate informs the accused of the charges and sets bail. 3. If the defendant is charged with a felony, there may be a preliminary hearing to determine probable cause. 4. An information or indictment is filled with a trial court against the defendant.

Rank the procedures involved inn a criminal prosecution before an arraignment occurs in a sequential order.

Due process clauses

Require the government to overcome this presumption by providing a reasonable doubt evert element of the offense charged against the defendant.

The Public Company Accounting Over-sight Board, responsible for regulating public accounting firms' audits of corporations, was created by the __________.

Sarbanes-Oxley Act

One true statement about the Due Process Clauses would be that __________.

They require that criminal statutes define prohibited behavior precisely enough to understand which behavior violates the law.

Ex post facto criminal laws

This means that a defendant's act must have been prohibited by statute at the time she committed it and that the penalty imposed must be the one provided for at the time of her offense.

unreasonably restrict freedom of speech

The First Amendment prohibits laws that __________.

Equal Protection

The _______ clause prohibits criminal statutes that discriminatorily treat certain persons of the same class or arbitrarily discriminate among different classes of persons.

Retribution

The act of imposing deserved suffering on convicted offenders is

Infancy (infants)

The criminal law historically presumed that children younger than 14 years of age could not form a criminal intent.

-Intoxication -Infancy -Insanity

The criminal law recognizes three general types of incapacity: ?

An employee of an organization possesses documents that reveal corrupt practices of his organization. The documents also contain information that reveals his role in the illegal dealings. Given this scenario, which of the following is a true and correct answer?

The employee cannot assert Fifth Amendment privilege to prevent the disclosure of a company document.

information, indictment

The formal criminal charge consists of either an __________ filed by the prosecutor or a(n) ________ returned by a grand jury.

proof beyond a reasonable doubt

The government's power to convict someone in a criminal case requires ___________ that the defendant committed the crime.

Wording of the relevant statute

The level of fault required for a criminal violation depends on the ______?

Who is the state's attorney ?

The prosecutor

a magazine that depicts children engaging in sexual content

Under the Miller v. California test, all of the answers below would be considered protected speech under the First Amendment, EXCEPT: __________.

nolo contendere

Unlike evidence of a guilty plea, a defendant's admission of a(n) __________ is inadmissible in later civil cases against that defendant.

Miranda warnings

Warnings that police must read to suspects prior to questioning that advises them of their rights. -Right to remain silent -Any statements they make may be used as evidence against them. -During that questioning they have the rights to the presence and assistance of a retained or court-appoint attorney.

Banks have property rights in their customers' bank accounts and a scheme to cheat a bank customer also deprives the bank of its property.

What was the Court's ANALYSIS (legal reasoning) in the Shaw v. United States case?

Reversed, holding for Sekhar, because he was improperly charged with extortion.

What was the Court's CONCLUSION (decision, holding) in the Sekhar v. United States case?

The Hobbs Act punishes extortion which requires the obtaining of items of value from the victim.

What was the RULE (law) the Court applied in the Sekhar v. United States case?

A(n) __________ of an accused prior to a preliminary hearing normally eliminates the need for a preliminary hearing.

indictment

Two criticisms about strict liability offenses include: ________ and ________.

individual liability unaccompanied by corporate liability is unlikely to achieve effective corporate control. if immune from criminal liability, corporates could benefit financially from employees' violations of the law.

Statutes prohibiting Computer Crimes include the prohibition of: ____________.

invading the privacy of others obtaining access to a computer system without authorization using a computer to commit fraud or theft

White-collar crime

is used to describe a wide variety of nonviolent criminal offense committed by businesspersons and business organizations. This term includes offense committed by employees against their employers, as well as corporates officers offenses that harm the corporation and its shareholders.

Deterrence

it is influenced by the severity of the probable punishment.

One true statement about criminal law is that: ____________

it was developed with individual wrongdoers in mind.

A fundamental safeguard in our justice system is the ____________ and defendants must be proven guilty ____________.

presumption of innocence, beyond a reasonable doubt

All of the following statement about the Fourth Amendment language regarding warrants are false, except: _________.

probable cause is necessary for a warrant to be valid under the Fourth Amendment.

The Fifth Amendment requires the government to __________.

refrain from the act of coercing a defendant into making incriminating statements

Under the modern rule, a corporation may be held liable for criminal offenses committed by employees who acted within the _______ and for the __________ corporation.

scope of their employment benefit of the

The Sixth Amendment guarantees: ___________.

the right to confront and cross-examine a witness against them. -Speedy trial Guarantees them the right to confront and cross-examine the witness against them. -Also gives the acccused in a criminal case the right to have the assistance of counsel in her defence.

Individuals who commit crimes ___________ or __________ have always been subject to personal criminal liability for the corporate actions.

while acting in a corporate capacity who are responsible officers