Set One FINAL

- RICO Statute - USC § 1962 "Conducted the affairs of an enterprise through a pattern of racketeering activity" - What sorts of scenarios indicate the operation and management test is met?

(1) An enterprise is operated not only by upper management but also by lower rung participants who are under the direction and control of upper management or others associated with the enterprise who exert control over it as for example by bribery.; (2) For an outside party such an internal auditor to be liable, the outsider must have associated with the enterprise and had some part in directing its affairs. Merely auditing the enterprises financial statements not enough.; (3) Can include outsiders (a briber); (4) Can include lower rung participants who are under the direction of upper management; (5) Less of a problem in association in fact enterprises

- Rico Statutory Elements - USC § 1962

(1) D committed two or more predicate acts (racketeering activity); (2) Predicate acts constituted a pattern of racketeering activity AND (3) The Defendant either (a) Invested in or operated an enterprise with money obtained through a pattern of racketeering activity; OR (b) Acquired an interest in or maintained control over an enterprise through a pattern of racketeering activity; OR (c) Conducted the affairs of an enterprise through a pattern of racketeering activity [MOST IMPORTANT]; OR (d) Conspired to do any of (a)-(c). ADDITIONALLY, (4) The racketeering activity affected interstate commerce, or the enterprise "engaged in ... interstate or foreign commerce"

Elements (3)

(1) Knowingly and designedly obtaining title to the property of another by means of false representation with the intent to defraud. (2) Of some existing fact (3) Obtaining

- RICO Statute - USC § 1962 "Enterprise" - How do you prove whether an enterprise exists?

(1) Structure/organization(i.e. hierarchy, roles of defendants, mode of decision making); (2)Unity(i.e. territory, colors, graffiti, tattoos and clothing); (3) Shared purposes/goals; (4) Profit sharing mechanism

- RICO CONSPIRACY - Elements?

(1) The existence of an Enterprise; (2) That the enterprise was engaged in activities that affect interstate commerce; (3) That each defendant knowingly agreed that a conspirator would commit at least two racketeering acts in the conduct of the affairs of the enterprise.

- RICO Statute - USC § 1962 - Relatedness and Continuity Test - what are the "closed ended view "and the "open ended view" theories under this test?

(1) Under the "Closed Ended View" - Acts amount to continued activity - related acts extend over period of time; (2) Under the "Open Ended View" - Predicate acts, though not continuous, pose a threat of continued activity; - look to whether the predicate acts were part of the regular way Ds conducted their business.

Larceny

(CL) Property offense. Consists of: (i) a taking; (ii) and carrying away (asportation); (iii) of tangible personal property; (iv) of another; (v) by trespass; (vi) with intent to permanently deprive the person of his interest in the property.

RICO's §1962 prohibits 4 activities:

(a) Receiving money/property through a pattern of racketeering activity and investing it into a business. (b) Acquiring/controlling a business through a pattern of racketeering activity. (c) Conducting/participating, directly or indirectly, in the conduct of a racketeering business's affairs. (d) Conspiracy to violate 1-3 above.

endogamy

(act of practice of) marring within one's own particular (cultural)group

Exogamy

(act of, practice of) marrying ouside one's own particular (cultural) group

Monogamy

(doing it) Practice of marrying one or having only one partner

Polygamy

(lots of wives) practice of marrying more than one

Monogamous

(one girlfriend) Relationship based on one partner, based on a relationship with only one

bigamy

(the act of) marrying while still married to someone else

Monogamist

(you are) One who is married to only one, or has only one partner

Predisposition Model - Moving Beyond a SImplistic Cause and Effect Understanding

* "Common Cause" - both druge use and criminal bahavior as a result - relationship b/w drugs use and crime is spurious - Both are related to a 3rd variable * Subcultural explanations - street drug subculture tends to encourage both drug use and crim * Evaluation of "common cause" and subcultural explanations

Vandalism

* Also called malicious mischief * Intentional or wanton damage * To real or personal property * Of another * No limit on the means of causing the damage or on the type of property targeted * Penalties usually depend on the amount of damage

Ownership (arson)

* Building must belong to another * Exception: Owner causes fire in an effort to defraud an insurance company or lienholder or if another person has an interest in the building then the owner can be charged with arson on his or her own property because they have deprived the insurance company or the lienholder of their interest in the building

Ownership

* Burglarized structure must belong to another * Exception: Defendant shares the right to enter the structure with another * If a protective order or other order is place prohibiting the Defendant from going back to the residence he shared with another (i.e. DV situation), then the Defendant can be charged with burglary especially if the Defendant entered the residence with the intent to commit a felony and/or theft therein

Burglary as an Inchoate Crime

* Burglary can sometimes be a preliminary step to another crime * Once the privacy rights of an individual have been violated with an intrusion, the crime of burglary is complete * Some jurisdictions have debated whether burglary should be considered as an element in another offense or as an aggravating factor for another offense rather than a separate crime

Elements of Arson

* Burning (includes exploding) * Requires that the fire start and cause damage to the structure * Some states use damage caused by fire and sets fire to in their statutes * There must be a change to the structure due to the fire that can be seen * Property * Includes dwelling house and commercial and public buildings, bridges, etc. * Often classified according to the value or use of the property that is damaged

Breaking

* Can include anything from actually breaking down a door to entering an unlatched door * If anything is moved to gain entry, the element of breaking is satisfied * Constructive breaking includes tricking or threatening the owner to open the door * Includes entry through an unusual or non-traditional opening like a chimney or doggie door, etc*

Burglary

* Common Law * Intrusion into a secure place was considered a burglary * Definition was narrowed in the 17th century by Sir Edward Coke (English jurist) * "A felon that in the NIGHT breaketh and entereth into the mansion house of another, with the intent to kill some reasonable creature, or to commit some other felony within the same whether his felonious intent be executed or not"

Entering

* Entry = process of going into the private area of a structure (home, professional building, etc.) after the access has been gained by breaking * Can be ever so slight * Includes surreptitiously remaining (entering an area lawfully but staying beyond a lawful time without permission) i.e. staying inside of store until it closes

Mens Rea (Arson)

* Malicious or willful conduct is often used as the standard for ________ in these cases * Intent is general with regard to setting the fire and is not specific as to the damage caused by the fire * If the intent was to destroy the property, then the charges are generally increased or aggravated

Grand Larceny 4th (E Felony)

* Over $1,000 * Meth - ammonia * Religious Article (at least $100) * Amount more than $1,000 (Cash/Property) * Card (Debt/Credit) * Car (no Motorcycles) More than $100 * Gun - any gun doesn't matter amount * Record (Marriage certificate/birth) * Access Device - Phone Service * Person (steal a pen off someone or phone w/o force) * Extortion (Threat of harm, future harm - if you don't give it to me i will tell boss you stole) * Secret Scientific Materials - Recipe/Specimen

Time of Day

* Some jurisdictions have eliminated the common law requirement that the burglary occur at night * Most jurisdictions have retained the element that it occur at night as a aggravating factor because the darkness favors the stealth of the burglar (more difficult to identify the Defendant and the victim's fear increases)

Crimes Against Habitation

* Special type of property crime * Includes damage and potential damage to property as well as posing a threat to the security and privacy of people

Mens Rea (Burglary)

* Specific intent to commit a crime * Many jurisdictions require the crime to be a felony or any theft * Some allow the intent to commit ANY crime * Completion of the intended crime is not required * Intent may be inferred from the Defendant's conduct & the circumstances * When the intended crime is a legal impossibility then burglary has not occurred * Entry for other purposes other than to commit a crime is not burglary * Generally considered criminal trespass * Defendant who enters with the intent to commit a burglary but later changes his mind is still guilty of the offense of burglary * If there is no breaking and entering but the Defendant takes items from a structure, it is considered theft by taking * Ex: Houseguest was invited to the home with no intent to steal and then later decides to steal items from the home

Structure

* Type of structure can vary and it is likely to affect the degree of the charge * Attached garage has been considered a dwelling for purposes of burglary * Many states include any structure or building and even vehicles * Many states may allow more severe penalties for entering a car or stealing a jacket from the car * In GA, this is a separate charge -Entering Auto * Most states now also include abandoned building

Federal Statutes (Arson)

* Within maritime and territorial jurisdiction * When explosives or fire are used while committing another federal crime or to threaten a person or destroy property used in interstate commerce

Which Model Makes the Most Sense ? - Researcher Paul Goldstein

* argue the systemic model best explains the facts - crime began decreasing in the 1990s

Crime Causes Drugs - no policy works this way

* as individual become involved in delinquent criminal lifestyles, they begin to participate in drug using activities * for most users initial involvement criminal activities begins substantially prior to experimentation with drugs * drugs are often used to support and maintain a criminal lifestyle

Heroin Addiction and Violence -- 1970s heroin addicts became what?

* beginning in the early 1970s, a new view of heroin addicts emerged: their tendency to commit violence was significantly greater than that of the ordinary criminal or property offender

Alcohol and Violence are related:

* drinkers have higher rates of violence than nondrinkers * the more someone drink, the greater the likelihood that the individual will inflict violence on another * drinkers are more likely to be victimized by violence than are non drinkers

History What is the Narture of the Drug- Crime Link?

* early 17th century: England and Tobacco * alcohol * Mj - reffer madness * cocaine, heroin:etc * Rockefeller- "war on drugs" * Implenemtation of various policices * Billion of $

Heroin Addiction and Violence -- 70s-80s Pology-drug users, what age group were users?

* it became a world of younger users, users who took many drugs, including alcohol and cocaine, in addition to heroin, users who were more likely to confront their victims in robberies rather than relying on stealth * the 1970s marked the coming of a "new breed" of heroin addicts

Which Model Makes the Most Sense?

* it became clear that very few of the crack- related homicides 3% were psychopharmacological in origin and relatively few 7% also were economic- compulsive in origin * the vast majority were systemic - 90% should be the Drug Trade/ the police cheating the Drug Trade -- Drug users created own market: violence among individual over turf to deal, guns came into play during the 80s

What is the connection between drug use and crime ? - does it establish causality?

* people wjo use druges are much more likely to commit nondruge crime that nonusers * people wjo commit crime are much more likey to use drugs than people who do not commit crime * people who drink alcoholic beverages are more likey to commit criminal behavior that people who do - does not establish causality

Heroin Addiction and Violence --Researchers saw heroin as?

* prior to the 1970s, most researcher thought of the heroin addict as basically peaceful

A substantial slice of the alcohol

* violence linked is psychopharmacological in nature

The Role of Cocaine Use in Violent Behavior * cocaine--> stimulant

* violence tends to be gender related * as men's cocaine abuse increases, their likelihood of being the perpetrator of violence increase. * as women's cocaine abuse increases, their likelihood of being the victim of crimes increases * cocaine and violence are frequent companions - and the greater the among of cocaine someone uses, the greater the likelihood, and the seriousness, of violence behavior

What did the SEC Investigations find in the 400+ US companies that made questionable or illegal payments of more than $300 million?

Abuses ranged from bribery of high-level foreign officials to payments facilitating certain clerical duties

What are the two types of fires?

Accidental Incendiary

RICO

*Can't IBG invest enterprise *Can't IBG acquire enterprise *Can't use enterprise for racketeering, direct/indirect *Can't conspire *Racket requires pattern *Civil/Criminal *DOJ guidelines NOT = subs. rights *Any crime can be predicate for RICO *Just requires two predicate offenses w/in 10 yrs *Majority view says more than just acts required for ENT, minority says acts enough for ENT

Money Laundering

*Concealment of illegal source/application of income to make seem legit

NOW Abortion Protests

*Continuing protests and threat of continuing sufficient for RICO

Campbell

*Drug dealer in porche *Where'd he get the $? *Classic concealment *Willful blindness - do a credit check!

The Relationship Between Drugs and Crime

*Drugs --> Crime or Crime --> Drugs or Crime Drugs ?? or Z??

Ernst & Young

*EY values land at corp. suggested price *Must be participation in operation/mgt. of enterprise *Low-level employees can participate

Rico elements

*Enterprise - any entity, legal or associated-in-fact *Pattern of racketeering

Cedric Kushner Productions

*King = one-man promoter *Pres./sole SH *CAN be enterprise under RICO, conspired w/corp. (corp. provides extra bennies) *If corp. = victim most say NO RICO

Sedima

*No req. that D himself be previously convicted of predicate offenses

Turkette

*Non-legal, criminal org. *ANY enterprise *Association can be same multiple acts *ENT. can be ONE person and does NOT require agreement *Unlike consp. ENT. can be legit/illegit. *ENT = common purpose, continuity

Northwestern Bell

*Pattern can be shown by any ordering principle *"Can't be sporadic" - Lassiter thinks empty words *Can be open/closed ended\ *Closed = 2 acts w/in 10 yrs *Open = series/collection *NO need for multiple schemes

o Outpatient Drug Free Programs

- Do not include medication (such as methadone) in their treatment modality - Administer some form of therapy and counseling in their treatment

Independent Variable

- a casual factor, one that has effect on another factor

Dependent Variale

- a factor that is caused by another factor, the independent variable *ex: age (IV) causes drug use (DV)

Psychological ad Physical effects of psychoactive subsatances do what

- cause users to become violent towards others

Actus reus

- document must be uttered as genuine - passed beyond control of forger (Barr v HMA) - must be forgery and uttering

Criminogenic

- having the capacity to cause or influence the commission of criminal behavior

Mens rea

- must know document is forged - intention to deceive another

Alcohol and Violence researchers believe

-- alcohol is the culprit, arguing the alcohol disinhibits behavior, neutralizing the centers of our brains that force us to think twice about striking out -- others believe that our behavior is cognitively guided by the cultural norms, not pharmacologically guided by alcohol

What were the results of the OECD Anti-Bribery Convention report in 2014? (4)

-53% of cases involved corporate management or CEO -75% of cases involved payments through intermediaries -There are still 390 investigations currently underway -Takes about on average 7 years to conclude each case

difficulties in prosecuting arsonists

-90% of arsonists go unpunished -often committed without witnesses -interagency cooperation required -circumstantial evidence

What are characteristics of a DOJ Advisory Opinion? (3)

-A company can submit an inquiry to DOJ concerning the propriety of the conduct -The DOJ must provide an advisory opinion to the requesting person or entity indicating whether the conduct complies with the FCPA -Must provide helpful guidance because there is a dearth of decided cases interpreting FCPA provisions

What are examples of third parties through whom illegal payments have been made? (4)

-Agents or consultants -Distributors -Joint Venture Partners -Lawyers/accountants

Internal BSA Compliance Programs

-All NATIONAL BANKS must develop, administer, and maintain a program that ensures and monitors compliance with the BSA and its implementing regulations, including record keeping and reporting requirements. -At MINIMUM- compliance program must be 1. Written 2. Approved by BOD, AND 3. Noted as such in the Board Meeting Minutes

What is the Structure of FCPA? (6)

-Anti-bribery Provisions -Prohibits bribery of foreign government or political officials for the purpose of obtaining or retaining business or securing any improper business advantage -Mainly enforced as criminal violations by the Department of Justice -Books and Records Provisions -Requires SEC-registered or reporting issuers to make and maintain accurate books and records and to implement adequate internal accounting controls -Mainly enforced as civil violations by the Securities and Exchange Commission

What are the provisions of the FCPA? (2)

-Antibribery -Books and Records

To whom do the Antibribery Provisions Apply? (3)

-Any "issuer" that files reports to the SEC or trades equity or debt on a U.S. exhange -Any "domestic concern" -Any "person" including an organization, wherever located, that, while in the territory of the prohibited conduct

What are characteristics of foreign subsidiaries in FCPA? (2)

-Any issuer or any domestic concern or for any officer, director, employee or agent of such issuer or domestic concern or any stockholder thereof acting on behalf of such issuer or domestic concern -If the foreign subsidiary is acting as an agent of a U.S. issuer or domestic concern, then it is covered

RECORD Keeping Requirements

-BSA require banks to maintain a variety of records for 5 YEARS to ensure that transactions can be reconstructed

What are examples of benefits? (9)

-Cash -Cash Equivalents like gift card, voucher, coupon -Entertainment or travel -Educational Opportunities -Contributions to political parties, causes, candidates and officials -Charitable contributions -Investments or property -Loan of a vacation home, automobile or yacht -Giving a job to a family member or someone with a close personal relationship with foreign official

what are six things bank's do to make forging checks more difficult

-Chemical sensitive paper. -Large font size - more ink. -High resolution borders. -Multiple color patterns. -Embedded fibers that glow under light. -Hologram

What are types of Security Inks?

-Color shifting inks/ iridescent inks -Metallics -Thermochromics -Paper -Security Threads -Security Inks -Security Print Design -

How do counterfeit drugs enter a legitimate drug supply chain?

-Complex global supply chains that difficult to determine origin of the drugs -May travel through many trading companies and quality is not checked -Contamination, substituting, and mislabeling occurs in corrupt supply chains -Manufacturer may not be aware that ingredients came from an uncertified source. -Manufacturers present false paperwork -Counterfeiters develop elaborate plans - Weak border controls

What are characteristics of the OECD Anti-Bribery Convention?

-Does not specify penalties -Does not require all countries to join -No full-time administrative body with enforcement powers -Uses a mutual monitoring method for implementation under a peer-review model

What does the Government argue is minimum contact? (3)

-Emails -Telephone calls -Money Transfers through U.S. banks

What are examples of Employees of Government-Owned or Government-Controlled Businesses? (3)

-Employees of state-owned or state-controlled hospitals -Employees of state-owned or state-controlled media outlets -Employees of sovereign wealth funds

What does the new system established by the Drug Quality and Security Act of 2013 provide?

-Enable verification of the legitimacy of the drug product identifier down to the package level -Enhance detection and notification of illegitimate products in the drug supply chain -Facilitate more efficient recalls of drug products.

Burglary under section 9 (1)(b) Actus reus

-Entry -of a building/part of a building -as a trespasser -steals or intends to steal, or inflicts or attempts to inflict GBH

What are penalties for Violations of FCPA Provisions?

-Fines up to $2 million per violation -Culpable individuals may face fines of up to $250,000 per violation and/or imprisonment for up to five years

What are examples of 'Foreign Officials'? (5)

-Foreign government employees or officials -Political officials or member of their staffs -Employees of public international organizations -Candidates for political office -Employees of government-owned or government-controlled businesses

What are types of security threads?

-Fully embedded/windowed -Metalised -Holographic -Color Shift

Financial Crimes Enforcement Network (FinCEN)

-Gov't Agency -Bureau of the U.S. Treasury -Administers the BSA by issuing regulations, interpretive guidance, supporting examination functions of federal banking agencies, and pursuing civil (NOT CRIMINAL) enforcement actions when warranted.

What are costs of bribery for a company operating in a corrupt country?

-Higher costs -Fewer market opportunities

What are types of Optical Variable Devices?

-Holograms -Foils/films

What are types of Security Printing?

-Intaglio -Relief

Burglary under section 9 (1)(b) Mens rea

-Intention or recklessness as to the trespass -Mens rea of theft or GBH when committing or attempting to commit either offence

What are examples of 'Unfair Business Advantages'? (4)

-Lower customs and tax duties caused lowered expenses and gave a business advantage over competitors in market -Preferential treatment in customs clearance -Influence on technical specifications to influence bid -Influence over legislation

• Types of drug treatment programs

-Methadone Maintenance -Therapeutic Community -Peer Self groups -Outpatient Drug Free Programs

What are types of Security Print Design?

-Microtext -Duplex/Guilloche -Anti-copy, anti-scan, image encryption

History

-Oldest profession -Banned in AD -Accepted in Medieval Era -Punished by death in 16th century -Police monitored brothels during French Revolution -Highly visible/industrialized during 19th century -WWII had comfort brothels -1971 Nevada permits brothels -2000 Trafficking Victims Prevention Act

What are security measures to detect forgery of drugs?

-Optically Variable Devices -Security Inks -Security Printing

What are elements of an Acceptable FCPA Compliance Program? (11)

-Policy and written compliance code -Commitment from the top -Compliance standards and procedures covering gifts, travel and entertainment, political and charitable contributions -Annual risk assessment -Review and update of standards and procedures on an at least annual basis -Senior person responsible for oversight -Internal controls for accurate books and records -Communication to employees of policies, standards and procedures -Effective system to provide advice on an urgent basis -Appropriate disciplinary procedures for violations -Appropriate due diligence for retention of agents and business partners

What are costs of bribery to a country?

-Potential loss of FDI -Loss of confidence of citizenry -Increased political instability -Inefficient allocation of resources to fuel growth

What does the Drug Quality and Security Act of 2013 implements.

-System phased in over 10 years -Track and trace system -Includes unique product identifiers on individual drug packages -Provide product and transaction information at each sale with lot level information

What are possible Collateral Consequences of FCPA Violations? (5)

-Termination of government licenses -Debarment from government contracting programs -Shareholder litigation -Foreign enforcement actions -Appointment of independent compliance monitors

What are other goals of The OECD? (3)

-To decrease cost and increase availability of capital -Promote transparency -Ensure that public officials have effective enforcement powers to deter dishonest behavior

What types of Security Inks?

-Ultra Violet (UV) -Infra Red (IR) -Photochromic

What are examples of companies who have committed bribery and corruption? (7)

-Walmart -FIFA -BAE -Petrobras -Volkswagen -Siemens -Good Year

Money Laundering Defintion

-a CRIMINAL practice of processing ill-gotten gains, or "dirty" money, through a series of transactions so that the gains appear to be proceeds from legal activities.

arson indicators

-accelerants -igniters -burn indicators -points or origin -burning pattern -smoke color

Nevada Brothels

-any NV county with < 400,000 population allowed to have brothel -brothel owners may be held liable if customers become infected with HIV after a prostitute has tested positive for the virus. -Brothels not allowed to advertise their services in counties where brothel prostitution is illegal - licensed prostitutes are at least 21 years old (18 in Storey and Lyon county)

Department of Justice

-bring CRIMINAL actions for Money Laundering

residential burglaries

-buildings, structures or attachments suitable for dwellings -committed by 1 or more people -targets: cash, items for person use or to sell -occur during weekdays when people are at work or at school

deterrents to bank robbery

-bulletproof glass -bait money -dye packs

characteristics of typical robberies

-committed by strangers -committed with use of stolen cars, plates, or both -committed by 2 or more people working together -middle-aged or older people tend to be the victims

commercial

-convenience stores, jewelry stores, gas stations -occurs during the end of the week usually -committed by individuals with criminal records -convenience stores that are robbed are most likely to be robbed again

vehicle-driver

-delivery and messenger vehicles -buses -trucks -taxis

types of bombs

-dry ice -mailbox bomb -car bomb -nail bomb -pipe bomb

elements of the crime: burglary

-entering a structure -without the consent of the person in possession -with intent to commit a crime there in

difficulties in investigating arson

-finding physical evidence -finding witnesses -determining whether the victim is a suspect -determining whether a crime has been committed -coordinating efforts with fire department and others

administrative warrant

-government agent needed to search the premises -determine the fire's cause and origin -entry to fight fire does not require a warrant -may remain a reasonable time to determine cause of fire -then must get an administrative warrant

commercial burglaries

-includes churches, schools, barns, public buildings, shops offices, stores -burglars often specializes in one type of facility -occur when establishments are closed -buildings may be "cased" in advance

What are some intelligent security measures to distinguish counterfeit from real prescription drugs.

-individual batch coding -sequential coding -bar-codes (2d) -magnetic codes -machine readable taggants -read/write threads -RFID

measures to prevent burglary

-installing burglar alarm -keeping dogs on premises -provide clearly visible address -eliminating obstructions to windows -securing skylights

other sources of assistance in investigation arson

-insurance companies -arson task force -news media -bureau of alcohol, tobacco, firearms, and explosives

arson- endangering property statute

-intentionally starts a fire or causes an explosion OR -aids, counsels, pays or agrees to pay another to cause a fire or explosion AND IF -commits act with intent of destroying/damaging building -recklessly places a structure in danger of damage or destruction -commits the act with intent of destroying/damaging any property to collect insurance for such loss

criminal warrant

-issued on probable cause -evidence of criminal activity discovered during a search with a valid administrative warrant may be seized under the plain view doctrine -any evidence seized may be used to establish a criminal search warrant

recommendations for deterring commercial robberies

-keep register balance low -provide good lighting outside and inside store -elevate cash register area so clerk has better viewing ability -don't work alone

residential

-less frequent than the other types -tends to involve entire families -home invaders usually target a resident (woman, senior citizen) -home-invading robberies are increasing in rural areas

What can pharmacists do to prevent the dispensing of counterfeit product?

-look at drug shipments closely - look for slight differences in container or bottles -listen to patients -if suspected, ask patients if they are obtaining drug products from other sources -be careful about obtaining or borrowing drug products from other pharmacies.

street

-most are committed by a weapon -both the victim and robber are usually on foot -often unable to identify the attacker -most frequently committed on public streets, sidewalks, in alleys, and in parking lots

4 categories of fires

-natural- lightening, earthquakes -accidental- leaking gas, faulty wiring -incendiary- ignited intentionally, person knows fire should not be set -undetermined origin- no evidence to indicate natural, accidental, or incendiary

responding to a bomb threat

-nonchalant attitude could prove fatal -do not touch the package -clear a 300 foot radius -use k-9's in detecting -stationary technology (sniffer-take a sample of air) -using robots

• Proposals to reform the drug laws

-o Legalization -o Decriminalization -o Prescription Model -o Maintenance Mode -o Harm Reduction

robbery

-one of the three most violent crimes -homicide and rape are the others -most robberies were committed on streets or highways -fire arms were used in 42.6% of robberies

what are some ways criminals acquire checks

-ordering someone's check from deposit slip -directly altering check -intercepting someone's check -create from scratch

Main Purpose

-original: stop organized crime's infiltration of legitimate business -now: stop legitimate business from engaging in illegal practices Civil liabilities & criminal penalties

leads for recovering stolen property

-pawn shops -secondhand stores -flea markets -online auction sites -informants

What are limitations to importation of drugs for personal use?

-personal use only -cannot exceed a 90-day supply -buyer must be under medical supervision -Drug product cannot be imported for a commercial reason.

verified response policy

-police do not respond until they receive confirmation that a crime has occurred (from home owner, security company)

determining the severity of the burglary

-presence of dangerous devices in the burglar's possession (weapons, explosives) -value of the property stolen

3 main priorities in a hostage situation

-preserve life -apprehend the hostage taker -recover/protect property

Bank Secrecy Act (BSA)

-primary tools to fight money laundering -also know as "Anti-money-laundering Law (AML)" -has been amended by a number of laws since its adoption including the Anti-Drug Abuse Act and Patriot Act

methods for getting into safes and vaults

-punching -peeling -chopping -blowing -burning

elements of a fence

-receiving, buying, or concealing stolen or illegal obtained goods -knowing them to be stolen -knowing them to be illegally obtained

why do people commit the crime of carjacking?

-resale -sale of parts -joyriding -use to commit another crime

4 categories of robberies

-residential -commercial -street -vehicle-driver

Federal Banking Agencies

-responsible for the oversight of various banking entities in U.S. including the a)National Credit Union Administration b)Office of Comptroller of the Currency c)Federal Deposit Insurance Corporation AND d)National Credit Union Administration -each bank under supervision = required to 1. ESTABLISH AND MAINTAIN a BSA COMPLIANCE PROGRAM, AND 2. Include a REVIEW of the BSA COMPLIANCE PROGRAM at each examination of an insured depository institution

motivation for the arsonist

-revenge most common motive -insurance fraud

The difference between the two ways of commiting burglary is:

-s9(1)(a) Intention to cause 1/3 ulterior offences -s9(1)(b) Committing/Attempting to either steal or inflict GBH

definition of burglary

-the unlawful entry of a structure -to commit a felony or theft -even if no force was used to gain entry

indicators of false robbery reports

-unusual delay in reporting -physical evidence doesn't support claim -lack of cooperation -exceptionally details or vague description of offender

characteristics of a typical arsonist

-white male -more than half under age of 18 -extensive criminal history -not married -below average IQ -loner

Deposit directly into an account while recording a legitimate business transaction

...

Larceny is a Specific Intent Crime

...

Since 1986 when mandatory testing began ____ prostitutes have tested positive for HIV

0

Common Statutory Changes to Common Law Burglary

1) Breaking may be eliminated 2) Entry is unchanged, but if the breaking requirement is eliminated, then the entry has to be by trespass 3) The types of buildings that constitute dwelling may expand beyond the common law definition of a dwelling 4) Nighttime may be eliminated or defined as from 30 minutes after sunset to 30 minutes before sunrise or from one hour after sunset to one hour before sunrise 5) With the intent to commit a felony may be changed to "with the intent to steal;" or "with the intent to commit a felony or steal;" or "with the intent to commit any crime."

RECORDS required to be kept by BANKS

1) CUSTOMER IDENTIFICATION PROGRAM (CIP) INFORMATION -must retain for 5 YEARS the name, address, date of birth, and tax identification number of the indivdual 2)MONETARY INSTRUMENT SALES RECORDS -banks are required to VERIFY and IDENTIFY persons purchasing monetary instruments for currency in amounts between $3,000 and $10,000 triggers RECORD KEEPING requirements (**NOT reporting requirements) and must maintain for 5 YEARS records of such sales. 3)Financial Institutions must maintain records of each funds transfer of $3,000 or more ***Phase I EXEMPTIONS from CTR Filing Requirements (Banks are not required to file CTRs on large currency transactions conducted by): a)Banks b)Federal, State, or Local Gov't Agency or Department c) an entity other than a bank whose common stock is listed on a National Stock Exchange -form must be filed with the IRS within 30 days after the first transaction in currency ***Phase II EXEMPTIONS from CTR Filing (Non-Listed Businesses may still be Exempt) -The following are NOT allowed Exemption from CTR filing(types of businesses used to wash illegal money): 1.Agent of financial institution 2. Purchasing or Selling motor vehicles of any kind 3. Practicing law, accounting, or medicine 4. Auctioning of Goods 5. Pawn Brokerage 6. Investment Advisory Services 7. Real Estate Brokerage 8. Insurance Activities and Real Estate Closings

Receiving Stolen Property Elements

1) Receiving stolen property 2) Knowing that the property is stolen 3) Intent to permanently deprive the rightful owner of the property

Larceny Elements include:

1) Trespassory taking and carrying away 2) Of Another 3) Intent to Permanently Deprive (Steal) @ taking

Intent to steal or intent to deprive: Keep two things in mind

1) the intent that matters is the intent at the time of the taking and 2) the defendant must have an intent to permanently deprive the owner of the property.

Juvenile prostitution estimate

1,400- 2.4 million

Oregon Annual Report (1991)

1. 85% of prostitutes reported child sexual abuse 2. 70% of prostitutes reported incest

National juvenile prostitution study

1. 90% females 2. majority age 14-17 3. 11% younger than 14 4. 59% white 5. 36% black

Robbery (common law)

1. A larceny 2. From someone else's person or presence (including rooms in house where they are located) 3. By force or threat of immediate injury (not pickpocketing) Mental state: specific intent to steal

GENERAL CHARACTER OF THE CRIME OF ROBBERY

1. All requirements of theft apply to robbery 2. only movable, corporeal property that is available in commerce form the object of theft 3. the possessor or person who is entitled to the property must not of course have consented to the taking 4. X must have known that consent was lacking

Elements of RICO 1962(c) claim

1. CONDUCTED OR PARTICIPATED -accountants substantially participate versus normal accounting work; help cover up fraud or other Racketeering activity 2. ENTERPRISE -structure through which D commits RA; exists separately from D -legal entity or group of individuals associated in fact 3. PATTERN -D actively and continuously commits RA -2 subelements (1) continuity (ongoing RA) & (2) relationship (acts relate to each other) -Racketeering Schemes: close ended or open ended 4. RACKETEERING ACTIVITY -engaging in illegal activity -Predicate Acts (violation of RICO): fraud, money laudering, bribes, obstruction of justice, dealing with obscene matter, ERISA violations -Securities fraud not included unless, D criminally convicted of securities fraud--SOL when criminal conviction final 5. PROXIMATE CAUSE -direct link b/t Ds violation of RICO and P's injury

PENALTIES of Money Laundering

1. CRIMINAL Sanctions (Dept. of Justice)= -can receive up to 20 YEARS imprisonment and/or a fine up to $500,000 or twice the value of the money laundered, whichever is greater 2. CIVIL Forfeitures 3. Banks risk losing their CHARTERS

5 Required REPORTS required to be filed under BSA (#1-CTR)

1. CURRENCY TRANSACTION REPORT (CTR): -FINANCIAL INSTITUTIONS must file CTR report -Transaction > $10,000 -Must be filed with FinCEN within 15 DAYS after the date of the transaction (25 DAYS if filed electronically) -FINANCIAL INSTITUTIONS= banks, credit unions, savings and loans, pawn brokers, casinos, automobile, plane, and boat sales businesses, travel agencies, stock and commodities brokerages, credit card companies, dealers in precious metals

THREATS OF VIOLENCE

1. Committed even if there is no actual violence against Y 2. Threat of physical violence against Y if he does not hand over the property is sufficient 3. Threats of violence may be express or implied.

THEFT OF MEANS OF TRANSPORTATION

1. Controls another person's means of transportation with the intent to permanently deprive him/her of the means of transportation

Results from 2017 FCPA Enforcement Actions

1. Corporate FCPA repeat Offenders 2. Focus on individuals 3. Increased cross border cooperation and enforcement 4. Emphasis on employee discipline/termination 5. Evolving sophistication of bribery scheme 6. Continued rise of criminal internal controls charges 7. Rise of external monitor

4 Stage Robbery Transaction (Luckenbill)

1. Create co-presence (look normal, w/in striking range) 2. Initiates robbery, victim thinks about resisting, offender thinks how much force needed>creates common robbery frame 3. Property transferred, but obstructions may occur 4. Escape of offender

For s9(1)(a), the defendant must intend to do one of three ulterior offences.....

1. Criminal damage 2. GBH 3. Theft However, there is no need to for the ulterior offence to actually occur

Elements of a §1962(c) claim:

1. D conducted or participated in the activity 2. of an enterprise 3. through a pattern 4. of racketeering activity 5. proximate cause

The Hobbs Act

1. Enacted as a statue to combat racketeering in labor-management disputes 2. The statue is frequently used in connection with cases involving public corruption, commercial disputes, and corruption directed at members of labor unions.

Criminal Trespass in the First Degree

1. Entering, or remaining unlawfully in or on, a residential structure; or 2. Entering, or remaining unlawfully in, a fenced residential yard

CRIMINAL TRESPASS IN THE FIRST (1ST) DEGREE

1. Entering, or remaining unlawfully in or on, a residential structure; or 2. Entering, or remaining unlawfully in, a fenced residential yard; or

FCPA & Anti Corruption

1. Eventhough Trump doesn't support FCPA, there has been significant activity in the 1st year of Trump's administration 2. Continued focus on prosecuting individuals by SEC and DOJ 3. Non US companies were the targets of FCPA enforcement. - US has jurisdiction over companies IF: 1. Is a US company 2. listed on US exchange 3. All parts of conduct took part in the US 4. New DOJ FCPA corporate enforcement policy - Places more value on proactive and timely voluntary disclosure - Requirements: voluntary self disclosure, full cooperation, and remediation/disgorgement. Companies get fine reduction. 5. International cooperation and enforcement against corruption is rising 6. Bribery schemes are becoming more sophisticated

Defenses and Exception to FCPA laws

1. Facilitating or Expediting payments (usually when conducting business abroad, where basic US services require payment) - Licenses/Permits - Processing visas or work orders - Mail pickup/police/fire protection 2. Reasonable and Bona Fide Hospitality expenses - Travel and lodging of employees on business trips - Promote, demonstrate, or explain products/services - Perform/execute a contract

Occupational Fraud

1. Fraud schemes tend to be extremely costly 2. Schemes frequently continue for years before being detected 3. Detected by tips rather than audit controls 4. Lack of internal controls 5. Most often committed by the accounting department of upper management 6. Generally first time offenders

Illegal Gratuity

1. Giving or receiving anything of value because of an official act 2. Lesser offense 3. Extra "thank you"

Commercial Bribery

1. Giving or receiving anything of value to influence a business decision without the employer's consent 2. Normal business practices - "questionable payments" customary in international business practices 3. No Fed statue many states have 4. CB vs. corruption is employer's consent or knowledge 5. Occurs in highly competitive industries; greater competition leads to a greater need to resort to bribery (drug, aircraft, oil, and food).

Nevada's laws established from 3 frames of violence

1. Interpersonal violence against women 2. Violence of community 3. Violence of disease

Criminal Trespass in the Second Degree

1. Knowingly entering, or remaining unlawfully in or on, a non-residential structure; or 2. Knowingly entering, or remaining unlawfully in any fenced commercial yard.

CRIMINAL TRESPASS IN THE SECOND DEGREE

1. Knowingly entering, or remaining unlawfully in or on, a non-residential structure; or 2. Knowingly entering, or remaining unlawfully in any fenced commercial yard.

CRIMINAL TRESPASS IN THE THIRD DEGREE

1. Knowingly entering, or remaining unlawfully on any REAL PROPERTY after a reasonable request to leave has been given by a law enforcement officer, the owner or any person having lawful control over such property, or reasonable notice prohibiting entry; or by

CULPABILITY OF THE CRIME OF RECEIVING

1. Knowledge by X that he is receiving the goods into his possession 2. An awareness on his part that he has the custody and control over the property. 3. An appreciation of the fact that the goods are stolen. Dolus eventualis suffices.

History of Bribery

1. Latin America - "The Bite" 2. Italy - "Little Envelope" 3. France - "Jug of Wine" 4. America - "Grease"

Political Bribery

1. More subtle form of influence peddling directed towards elected officials 2. 42% of criminal indictments lodged against congressional office holders 3. Public vs. private (official acts: omit, solicited, or solicit)

Brothels (legalized prostitution)

1. No physical violence 2. Violence to bodies (STD)

Obstruction of Justice

1. Obstructing of administrative and due process of the law 2. Examples: destruction, alteration, falsification of records, intimidation, threats, bribery, and withholding information. 3. Only necessary that the accused endeavored to obstruct justice

UK Bribery Act of 2010

1. Offenses related to bribing another person (commercial bribery) 2. Offenses related to being bribed 3. Function/activity which bribe relates 4. Improper performance which bribe relates 5. Expectation test 6. Bribery of foreign public officials 7. Failure of commercial organizations to prevent bribery (related to 1 & 6) 8. Meaning of associated person 9. Guidance about commercial organizations preventing bribery 10. Consent to prosecution 11. Penalties

Male prostitution in US

1. Organized 2. Entrepreneurial 3. Believe to be at least as expansive as female prostitution 4. Same venues as female prostitution 5. Majority identify as heterosexual 6. Majority service male clients 7. Experience less violence

McClusky Findings

1. Physical force used more with street robbery than commercial 2. Likelihood of force reduced with gun use 3. Probability of physical force increases with victim resistance

Consent

1. Positive cooperation in act or attitude pursuant to free will 2. a) person must act freely and voluntarily b) have knowledge of the nature of transaction involved

Name the three steps for handwriting analysis in proper sequence

1. Questions document and standard exemplars compared to find detectable characteristics 2. Characteristics of questions document compared with known standard 3. Experts determine which characteristics valuable for drawing conclusion about authenticity and ownership

Receipt of stolen property (common law)

1. Receiving possession and control 2. Of personal stolen property Mental state: knowing property has been obtained criminally by another party and with intent to permanently deprive owner of his interest in the property

Provisions of FCPA

1. Section 78a - Anti Bribery Provisions - Bribery - Intent to influence conduct 2. Section 13b 2a of Exchange Act - Accounting Requirement - Make and Keep correct records and accounts 3. Section 13b 2b of Exchange Act - Internal Control Requirement - Devise and maintain internal controls sufficient for reasonable assurance and in accordance with regulations

Internal BSA Compliance Programs MUST INCLUDE?

1. System of Internal Controls to ensure ongoing compliance 2. Independent Testing of compliance 3. Daily coordination and monitoring of compliance by designated person, AND 4. Training for appropriate personel

Larceny at Common Law

1. Trespassory + 2. Taking + 3. Carrying Away + 4. Personal Property + 5. Of Another + 6. With the intent to permanently deprive owner thereof

Larceny (common law)

1. Trespassory 2. Taking and 3. Carrying away the 4. Personal property 5. of Another, with the 6. Intent to 7. Permanently retain the property

Embezzlement Schemes

1. Unauthorized withdrawals 2. Unauthorized disbursement of funds to an outsider 3. Paying personal expenses from bank funds 4. Theft of physical property 5. Moving money from a customer's account to a dormant account 6. Unauthorized, unrecorded cash payments 7. Theft and other unauthorized use of collateral

Common Law Rape

1. Unlawful sexual intercourse 2. With female person 3. Without consent ("Against the will")

Outright Threats and Coercion

1. Usually state, local, or "third world" countries 2. Examples: environmental law and safety requirements

Subsection 1-7 of PC s 261: "Against the will"

1. Victim is incapable of consent due to mental disorder or developmental/physical disability 2.Accomplished by force, violence, duress, menace, or fear of immediate and unlawful bodily injury 3. V= intoxication, anesthetic, or controlled substance 4. V= Unconcious of nature of act (sleeping or unaware of nature) 5. V submits under belief that 🔺 is "someone known to v". "Other than accused" 6. Threat to retaliate in future ("or else") 7. "Threat of authority of public official" to arrest or incarcerate or deport

APPLICATION OF FORCE

1. Violence must be aimed at Y's person, bodily integrity (PACHAI 1962)

Registered brothel prostitutes checked:

1. Weekly for several STD 2. Monthly for HIV

Obscentiy Test

1. Would the average person find that the work appeals to the prurient interest 2. Is the work depicting sexual conduct in a patnetly offensive way 3. Does the work lack serious literary, artistic, political or scientific value

EX PARTE MINISTER VAN JUSTISIE : IN RE S V SEEKOEI 1984

1. X Violently attacked Y 2. Forced her to hand him keys to her shop which was 2 km away. 3. Tied her to pole using barbed wire and drove her car to the shop 4. Stole money and other property Trial judge refuses to convict X of robbery as he was of the opinion that it was a requirement of robbery that the property should be on the victim's person or in his presence at the time of the theft.

National Task Force of Prostitution

1. about 1% of American women have worked as prostitutes 2. 2001: # of prostitutes est. at 40 million worldwide

1995 Study in 2 brothels found:

1. condom use in brothels is consistent 2. STD are accordingly absent 3. Few prost. Use condoms in their private lives.

Operations of Brothels

1. customer is buzzed in and sits down in the parlor 2. available women appear in a line-up and introduce themselves 3. customer chooses a woman 4. price negotiation take place in the women's room 5. price negotiations are often overheard by management

• There are three categories of psychoactive substances controlled by the law

1. legal drugs 2. prescription drugs 3. illegal drugs

Handwriting procedure

1. subject should not be shown questioned document 2. not told how to spell words or punctuation 3. use materials similar to original document 4. Dictated text should match some parts of the document 5. Subject should be asked to sign the text 6. Always have a witness

ELEMENTS OF ROBBERY

1. the theft of the property 2. the use of either actual violence or threats of violence 3. the causal connection between the violence and the acquisition of the property 4. unlawfulness 5. intention

Larceny

1. trespassory 2. taking and 3. carrying away 4. of person's property 5. of another 6. with the intent to permanently deprive another of the property (intent to steal)

Child/Juvenile prostitutes

1. under age 10 usually are sexually exploited by parents 2. police encounters are higher 3. Usually involve multiple offenders, occurs indoors and in large urban areas

"Theft" Jury Instructions in CalCrim

1. 🔺took property (PP, RP, Labor, or Money) belonging to someone else 2. Without owners consent 3. When 🔺 took property, 🔺 intended to deprive owner of it permanently or remove it from owners possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of property 4. 🔺 moved property, even a small distance, and kept it for a period of time, however brief

There are common elements between S9(1)(a) and S9(1)(b) which are:

1.Entry 2.of a building/part of it 3.as a trespasser 4. mens rea /intent/recklessness for trespassing

How many regional distribution points

10

"Safe Harbor" provision for broadcast

10 pm to 6 am anything goes; for radio & network TV

All forms of prostitution are illegal in the U.S except for

11 non urban counties of Nevada off street prostitution in Rhode Island

Average age of entry into prostitution

13

Maximum sentence

14 years

When do most residential burglaries occur?

14%

Harrison Narcotics Act

1914; regulated and taxed importation, manufacture, and sale of specified drugs

Bank of Canada open

1935

- RICO Statute - USC § 1962 "Enterprise" - What is the definition under 1961(4)?

1961(4) - defines enterprise to include any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity

French connection

1970's the pipeline for heroin shipments to the New York from Marseilles, France.

What year was the mandatory condom law for all oral sex and sexual intercourse started?

1988

___ out of every ___ teens on the streets will be lured into prostitution within 48 hours of leaving home

1; 3

Actus Reus: breaking and entering the dwelling of another Mens Rea: Specific intent to commit theft or a crime of violence in the dwelling

1st degree Burglary

5 Required REPORTS required to be filed under BSA (#2-SAR)

2. SUSPICIOUS ACTIVITY REPORT (SAR): -BANKS must file for any suspicious transaction relevant to a possible violation of law or regulation. -CORNERSTONE of the BSA REPORTING SYSTEM -Banks are REQUIRED to= ADOPT POLICIES to learn about their customers businesses and normal deposit and withdrawal practices. -Must be filed with no later than 30 CALENDER DAYS from the date of the initial detection of facts that may constitute a basis for filing an SAR. (**Extended to 60 DAYS if NO suspect can be identified) -MUST NOTIFY BOD that SAR's have been filed -Bank may NOT NOTIFY any person involved in transaction that the transaction has been reported

Polymer notes last

2.5 times longer

Residential burglaries account for how much of all burglaries?

2/3

what is paper money made of

25% linen 75% cotton

Actus Reus: breaking and entering the building of another Mens Rea: Specific intent to commit theft or crime of violence in the building.

2nd degree burglary

fire triangle

3 elements necessary for a substance to burn -air: open windows, pried open vents -fuel: piling up newspapers -heat: gasoline, kerosene

residential burglaries routine-activity theory

3 elements: -likely or motivated offenders -suitable targets -absence of guardians

5 Required REPORTS required to be filed under BSA (#3-5)

3. INTERNATIONAL TRANSPORTATION OF CURRENCY OR MONETARY INSTRUMENTS (CMIR): -Each person (including banks) that transports, mails, ships, currency or travelers checks EXCEEDING $10,000 must file CMIR at the time of entry or departure 4. REPORT OF FOREIGN BANK AND FINANCIAL ACCOUNTS (FBAR): -if aggregate value of accounts at any point in calender year EXCEEDS $10,000 must file FBAR 5. DESIGNATION OF EXEMPT PERSON FORM: -BANKS must file to designate a customer who is exempt for the purpose of CTR reporting.

arson- endangering persons statute

3301 (a) (1) -intentionally starts a fire or causes an explosion OR -aids, counsels, pays or agrees to pay another to cause a fire or explosion AND -recklessly places another person in danger of death or bodily injury OR -commits act with purpose of destroying/damaging inhabited building or occupied structure of another

Actus Reus: Breaking and entering the dwelling of another Mens Rea: Specific intent to commit a crime in the dwelling

3rd degree burglary

Possession section

4(3)

How did Watergate influence the FCPA

400 companies admitted questionable/illegal payments greater than $300Million SEC uncovered range of abuses Bribes to senior foreign officials Facilitating Payments

Counterfeit money section

448

Uttering section

448

Making section

449

Possession of counterfeit money section

450

Uttering counterfeit money section

452

Possession of instruments section

458

How many states have statutes lowering the age of a juvenile to be treated as an adult?

47 states and federal law has all adopted laws lowering the age in which an infant juvenile maybe tried as an adult in a criminal court for violent crimes.

Actus Reus: Breaking and entering the building of another Mens Rea: General intent to break and enter without authorization or permission.

4th degree burglary (B&E of a building)

Actus Reus: Breaking and entering the dwelling of another Mens Rea: General intent to break and enter without authorization or permission.

4th degree burglary (B&E of a dwelling)

Actus Reus: Being in or on a building or yard of another Mens Rea: Specific intent to commit theft

4th degree burglary (in or on a building or yard)

Actus Reus: Possess burglary tools Mens Rea: Specific intent to commit any degree of burglary

4th degree burglary (rogue & vagabond)

How many elements in a 1962 claim?

5

Develop test polymer notes

5 years

How many burglaries are reported to police?

50%, from NCVS

Percent of residential burglary

60% in day

Percent of commercial burglary

65% at night/morning

% of female prostitutes have been victims of rape

80

___% of prostitutes are under control of a pimp

90

Demographic of robbers

90% males Victims mainly minorities and committed by minorities

Statistics: Female prostitution

92% want to escape prostitution 78% raped (16x/year by pimps, 33x/year by johns) 75% attempt suicide 73% physical assaulted 72% homeless (current/former) 67% have PTSD

Decriminalization: Full Decriminalization

= a complete "hands-off" or laissez-faire policy toward drugs; anyone above a certain age may legally possess or sell any quantity of any drug without legal penalty

o Therapeutic Community

= a live-in drug treatment program that seeks abstinence as its goal

o Pure Chemical Model = a pattern of drug distribution that applies to substances produced entirely in the lab; examples: Ecstasy, LSD, methamphetamine

= a pattern of drug distribution that applies to substances produced entirely in the lab; examples: Ecstasy, LSD, methamphetamine

Legalization

= a policy permitting the possession and sale of drugs under a government licensing system similar to that controlling the distribution of alcohol and/or cigarettes

Harm Reduction

= a policy toward drug distribution and sale that is governed solely or mainly by lowering those consequences that are widely agreed to be harmful, even if that policy is not concerned about eliminating drug use or addressing the ideological issues of fairness or morality

Decriminalization: Partial Decriminalization

= a policy whereby the possession of a small quantity of a controlled drug does not result in arrest but, if the possessor is apprehended by law enforcement, a small fine and confiscation of the substance

Economic- Complusive Model

= argues that the connection b/w drug use and violence is so strong b/c users need money to maintian their habit and, while committing money-making crimes, users engage in such behaviors, such as robbery and burglary, which often turn violent, for instances, when the victim resist or struggles ** economic crimes undertaken to support a drug habit don't always remain simple property crimes

Systemic Model

= argues that the reason the connection b/w drugs and violence is so strong is b/c the drug trade is inherently conflictual, confrontational, and explorotatove - and not b/c of the direct effects of the substance

Cognitive- Guidelines Approach (model/perspective)

= argument that behavior under the influence of alcohol is guided by cultural norms, rarely straying far from what is culturally acceptable

Drunken Comportment

= behavior under the influence of alcohol (a cultural product)

o Peer Self groups

= cost-free, not-for-profit, local, autonomous, self-supporting

Disinhibition Model

= the argument that it is the direct effect of alcohol that causes drinkers to be liberated from society's norms and leads to a substantial volume of dangerous, violent behavior while under the influence

Enslavement Model

= the argument that more or less accidental or fortuitous narcotic addiction causes a life that revolves aroudn engaging in money-making crimes; it is drug addiction that causes criminal behavior ** if addicting drugs were dispensed in clinics, the link b/w drug addiction and a life of crime would be severed

Predisposition Model

= the argument that the explanation for the connection b/w drug addiction and criminal behavior is that the kinds of people who are likey to engage in compulsive people who are likey to engagee in criminal behavior

Internsification Model

= the arugmetn that drug addiction accelerates but does not generate money-making criminal behavior, and that the predisposition to engage in both compulsive drug use and criminal behavior explains part but not all of the connection b/w the two ** neither the enslavment nor the predisposition model is completelt faithful to the facts

• Hassle Factor

= the trouble or difficulty of obtaining illicit drugs

Maintenance Mode

= the view that the drug problem could be solved or alleviated if users, abuser, and/or addicts were maintained on their drug of choice; the model may be applied to a specific drug or drug type, or drugs in general

The Psychopharmacological Model

=argues that drugs, specifically cocaine, and ciolence, specifically murder are strong connected because the direct effects of cocaine conduce or cause violent behavior

Coincidence game (con game)

A Swindle, often involving a get rich quick scheme, and often with illegal overtones so that the victim will be afraid or embarrassed to call the police

Consanguinity

A blood relationship or relation of persons descended from the same stock or common ancestry

Miller test

A broad test that defined obscenity

fence

A buyer and seller of stolen merchandise

designer drug

A chemical substance that has a potential for abuse similar to or greater than that of controlled substance, is designed to produce a desired pharmacological effect, and is produced to evade the controlling statutory provisions of a criminal law.

precursor chemical

A chemical that may be used in the manufacturer of a controlled substance.

Why a defendant can be guilty of receiving stolen property?

A defendant is guilty of receiving stolen property because (1) the defendant knew it was stolen when the defendant receive it, or under MPC he learned it was stolen while it retaining. (2) deprive from the owner. (3) the property was in fact stolen.

defense to embezzlement: A defendant's intent to repay the money

A defendant's intent to repay the money is never a defense to embezzlement

Burglary - Dwelling

A dwelling is a structure regularly used for sleeping, even if used for other purposes.

John Smith PRINCIPLE: intention

A forged signature on cheque and posted it (fact it wasn't cashed irrelevant) Held: Guilty sent it with intention to deceive and knowing it was forged

marijuana

A green, brown, or gray mixture of dried, shredded leaves, stems, seeds, and flowers of the hemp plant. Cannabis is a term that refers to marijuana and other drugs made from the same plant.

Dawson (1985)

A group nudged a victim so that they lost their balance, when the victim was at a disadvantage they would still the wallet. Force does not have to overpower the victim. Down to the jury to decide whether sufficient amount of force was used to constitute robbery

cannabis

A group of drugs produced from the leaves of Cannabis sativa, including marijuana, hashish, and hash oil.

narcotic analgesics

A group of drugs that depress the central nervous system and relieve pain without producing loss of consciousness, including morphine, codeine, heroin, and methadone.

central nervous system depressants

A group of drugs that depress the functional state of the central nervous system, including alcohol, barbiturates, and tranquilizers.

central nervous system stimulants

A group of drugs that increase the functional state of the central nervous system, including cocaine, crack, amphetamines, methamphetamines, and ice.

hallucinogens

A group of drugs that produce hallucinations, including LSD and peyote.

heroin

A highly addictive drug and the most widely abused and most rapidly acting of the opiates. Heroin is processed from morphine, a naturally occurring substance extracted from the seedpod of certain varieties of poppy plants.

Diacritics

A mark added to a letter to show pronunciation or to distinguish it

blood alcohol level

A medical and legal term used to express the level of alcohol in a person's blood, expressed in terms of milligrams of alcohol per milliliter of blood.

What of definition of Counterfeit Pharmaceuticals?

A medicine, which is deliberately and fraudulently mislabeled with respect to identity and/or source. Counterfeiting can apply to both branded and generic products and counterfeit products may include products with the correct ingredients or with the wrong ingredients, with insufficient active ingredients or with fake packaging.

Ganja

A more potent form of marijuana

Dopamine

A neurotransmitter associated with brain's pleasure and reward system.

DEFINITION OF RECEIVING STOLEN PROPERTY

A person commits the crime of receiving stolen property knowing it to be stolen if he unlawfully and intentionally receives into his possession property knowing, at the time that he does so, that it has been stolen.

Bribery:

A person is guilty of bribery in the third degree when he confers, or offers or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant`s vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.

Section 9(1) of the TA 1968 defined burglary as

A person is guilty of burglary if: a) he enters any building or part of a building as a trespasser and with the intent to commit any offence mentioned in subsection (2); or b) having entered into any building or part of a building as a trespasser he steals or attempts to steal anything in the building/part thereof or inflicts or attempts to inflict grievous bodily harm on any person therein.

Enter or remain unlawfully

A person who enters or remains on the premises when such persons intent for so entering or remaining js not livensed autheorized or otherwise privileged except when entry is to commit theft if merchandise displayed for sale during normal business hours, when rhe premises are klen tk tbe public and the person doesnt enter any unauthrouzdd areas of premise.

Fence

A person who pays thieves for stolen property and then disposes of it to other parties.

Document Expert

A person who scientifically analyzes handwriting

Sting operation

A police antifencing operation that is conducted to apprehend criminals who are attempting to dispose of stolen property.

Bribe receiving:

A public servant is guilty of bribe receiving in the third degree when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.

Daniel Taylor PRINCIPLE: forging a signature

A signed his brother's name on letter requesting money and posted it Held: guilty uttered as genuine passed beyond control of forger intent to fraudulently obtain money

Professional burglar

A skilled burglar who exhibits the characteristics of a career criminal, planning crimes and concentrating on lucrative targets in order to earn a living by engaging in burglaries.

controlled substance

A specifically defined bioactive or psychoactive chemical substance that is under the purview of criminal law.

Define Oxidizing Agent

A substance that supplies oxygen to a chemical reaction

phencyclidine

A synthetic drug that removes the feeling of physical pain and may act as a depressant, stimulant, psychedelic, or tranquilizer. Also known as PCP.

Erroneous takings rule (common law)

A taking under a claim of right is never larceny, even if D erroneously believes the property is his

Cloning Marijuana

A technique growers use-select superior plant, soak in root stimulant, after developing roots, plants are repotted.

Miller Test

A three-prolonged test for determining if material is obscene, developed in the Miller v. California case.

Embezzlement

A type of larceny in which someone who is trusted with property fraudulently converts it to his or her own use or for the use of others

What is RFID (Radio-frequency identification)?

A unique number that identifies a specific item in the supply chain stored on a RFID tag that is specific to each product.

Burglary - What is the effect of a valid defense?

A valid defense to the burglary will knock out the felony for the felony murder rule

What did the Supreme court explain after their ruling in Roe v. Wade?

A woman's right to terminate a pregnancy was not absolute.

ORGANIZED RETAIL THEFT

A. It is unlawful, acting alone or in conjunction with another person to: 1. Remove merchandise from a retail establishment without paying the purchase price with the intent to resell or trade the merchandise for money or for other value.

• Drugs and crime relationship: o ADAM tells us that arrestees

ADAM tells us that arrestees are more likely to test positive for psychoactive substances than the general population, the most common drug they use is marijuana

Element #1: "Conducted or Participated"

Accountants "just doing normal accounting work" are excluded from RICO liability unless... They help cover up a fraud (or some other racketeering activity). This element has narrowed over time.

Professional Patient/ scammer

Acquiring drugs through deceit

Piracy

Act of illegally reproducing copyrighted material

A

Action taken by banks at their respective level against such transactions.

Need causal link between pretence and intended practical result; although practical result is not required to be reached

Adcock v Archibald

What does the OECD Anti-Bribery Convention require signatories to do?

Adopt anti-bribery legislation

Design banknotes

Advanced engineering and materials

Discrimination Standard

Advocated that porn is innately discriminatory towards women and promotes rape and violence

Hale

After the defendants had stolen jewelry they tied the victim up- they tied her up in order to facilitate the robbery. Appropriation can be a continuing act

Pimping

Aiding, abetting, counseling, or commanding another in the commission of the crime of prostitution. Includes the act of procuring a prostitute for another

Pimping

Aiding, abetting, counseling, or commanding another in the commission of the crime of prostitution. Includes the act of procuring a prostitute for another.

Depressants

Alcohol, barbiturates

• Drugs and crime relationship: most common drug associated with crime

Alcohol, cocaine, and narcotics are the most common drugs associated with crime

Legal drug: examples of (Tylenol, aspirin etc)

Alcohol, tobacco and OTC drugs

expenses

All costs associated with running a business except for the cost of goods sold. (noun)

Special papers

All money is printed on special paper that has its own special feel. Australia has its money printed on polymer film

Do all the states have juvenile codes?

All states have juvenile codes that provide specific substantive and procedural rules for juveniles charged with criminal conduct.

Charges for Aggravated Criminal Damage

Always Felony 10K or greater= F4 1.5K less than 10K=F5 Less than 1.5K= F6

Snitch

Amateur shoplifter who does not self identify as a thief but who systematically steals merchandise for personal use

Profit

Amateurs sell parts to friends, add parts to own car, professionals organized, falsify registration

Naive check forgers

Amateurs who cash bad checks because of some financial crisis but have little identification with a criminal subculture

What is Headspace?*

An accelerant test which samples the headspace vapor by heating the container with the arson debris so the accelerant rises in vapor form

Fiduciary Duty

An agent or employee owes a (duty of loyalty) to the principle or employer. Agent must act in the best interest of the principle and cannot seek personal interest to the detriment of the principle.

Note on Securities Fraud as a Predicate Act

An amendment to RICO excluded securities fraud from civil claims unless... The defendant had already been criminally convicted of the securities fraud. The SOL "clock" for the civil claim starts ticking on the date on which the criminal conviction becomes final.

Constructive entry

An entry that occurs when the defendant causes another person or animal to enter a structure in order to commit the crime of burglary.

Victimless crimes

An offense committed against the social values and interests represented in and protected by criminal law and in which the parties to the offense willingly participated in it.

Tamper

Any act of interference

In the course of committing

Any acts performed by an intruder from the MOMENT of entry to AND including flight from the scene of a crime.

In the course of committing

Any acts performed by an intruder from the moment of entry to and including flight from the scene of a crime (start to finish)

What qualifies as 'Anything of Value'?

Any benefit

Larceny (New York)

Any crime that would be larceny, embezzlement, false pretenses, or larceny by trick at common law is considered larceny in NY. Degrees: 1st: >$1 million 2nd: >$50,000 3rd: >$3000 4th: >$1000 Petit: lesser amounts

Utility

Any enterprise, public, or private which proved has, electric, irrigation steam, water, water conservation sewer or communication services as well as any common carrier in land, rail, sea or air

Define Physical Evidence

Any item that can be used to prove or disprove facts about the scene

Define IL

Any liquid that can fuel a fire (Ignitable Liquid)

Pattern Evidence

Any marking produced when one subject comes in contact with another and leaves a pattern

drug

Any of a wide variety of substances having a physical or psychotropic effect on the human body.

Refusal to Aid Officer in Execution of his Office

Any person required by any sheriff or other officer refuses or neglects to assist the officer in: 1) the execution of his officer in a criminal case 2) the preservation of the peace 3) the apprehending or securing of any person for a breach of the peace, 4) or, any case of escape or rescue

Impersonation of a Police Officer

Any person to falsely assume or exercise the powers or duties of a sheriff or police officer or unlawful for any person to falsely assume or pretend to be such officer.

Making a False Report to a Police Officer

Any person to knowingly give a false report of a crime to a law enforcement officer with the intent to mislead. (Type 1)

Who does FCPA prohibit corrupt payments to?

Any person, while knowing that all or a portion of such money or thing of value will be offered to foreign official directly or indirectly

Obstruction of Justice

Any person, without just cause, to knowingly obstruct a judge, magistrate, juror, witness, commonwealth attorney or law enforcement officer in the performance of his duties, or unlawful for any person who fails or refuses without just cause to cease such obstruction with requested to do so by such judge, magistrate, juror , witness, commonwealth attorney, or law enforcement officer. Important: Conduct must indicate an intent to prevent the officer from performing his duty. Failing to cooperate or making the task more difficult is not obstruction.

Damage

Any physical or visual impairment of any surface

Litter

Any rubbish, refuse, waste, material, etc including dead animals, junco/abandoned vehicles

Questioned Document

Any signature, handwriting,

Exemplar

Any standard document of known origin and the authorship used in handwriting analysis

Burglary - Dwelling - Curtilage

Any structure fenced in the common area is considered part of the dwelling.

Non-residential structure

Any structure other than a residential structure (business, church, school, storage)

Residential Structure

Any structure, movable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not (tents/travel trailers)

Occupied structure

Any structure, vehicle, or place adapted for overnight accommodation of persons, or for carrying on business therein, regardless of whether a person is actually present.

Fenced commercial yard

Any unit of real property surrounded completely by fenced wall barrier and used primarily for business operations or where livestock, produce, or other business commercial items are located

Definition of child pornography

Any visual depiction, including any photography, film, video, picture or computer-generated image or picture ... of sexually explicit conduct, where — (A) the production of such visual depiction is, or, appears to be, of a minor engaging in sexually explicit conduct; (B) such visual depiction is, or, appears to be, of a minor engaging in sexually explicit conduct; (C) such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct; or (D) such visual depiction isadvertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaged in sexually explicit conduct."

Possession

Anything in his personal possession

Define Accelerant*

Anything used to accelerate the growth of a fire

Forfeiture Ownership

Anything used to make Counterfeit money/tokens of value that belong to her majesty

Police Recover Property

Anytime the police recover property, it is NO LONGER STOLEN PROPERTY

UK Bribery Act

Applies to public sector bribery and Private sector bribery! Applies to Non UK companies carrying on business in the UK in ANY MANNER even if the actual crime didn't take place in the US 4 Key Offenses: 1. Bribing others 2. Being Bribed 3. Bribing foreign public official 4. Failure of commercial org. to prevent bribery

A

Appointment of Compliance Officer

Connecting Letters

Are capital letters and lower case letters connected and continuous

Letters Complete

Are letters completely formed? Or is a part of the letter missing

Spacing

Are letters equally spaced or crowded

Fancy Curls or Loops

Are there fancy curls

Cursive and Printed Letters

Are there printed letters, cursive letters, or both

Enslavement model

Argues that narcotic addiction causes a life that revolves around engaging in money-making crimes, it is drug addiction that causes criminal behavior. Believes that if authorities regarded drug abuse as a medical problem and narcotics were dispensed and legal inexpensively at clinics that addicts would not have to resort to money-making crimes

Excitement arson

Arson caused by persons who set fires simply because it excites them.

Crime Concealment Arson

Arson committed in the hope of concealing another crime committed on the property that is burned.

Sabotage arson

Arson for purposes of sabotage, most common during labor strikes, prison riots, and other acts of civil disobedience.

Arson

Arson is the malicious burning of the dwelling of another

Revenge arson

Arson motivated by the desire to get even with another person or entity.

Vandalism arson

Arson to express hatred toward a particular group or culture.

A

Assets are withdrawn immediately

- RICO Statute - USC § 1962 "Enterprise" - What is an association in fact?

Association in fact can come in many guises - individuals and entities. Pursuant to Boyle 3 features are relevant purpose, relationships among those associated with enterprise and longevity sufficient to permit associates to pursue the enterprise's purpose.

Arson - CL Definition

At CL arson was the malicious burning of a dwelling (reckless, intentional, but not negligent). No one had to be present in the dwelling at the time of the burning.

How is infancy defense for an infant under age 7 at common law?

At common law and many states today infancy is a complete defense for an infant under age 7.

Joint Property

At common law, larceny could not be committed by the taking of jointly held property by one of the joint owners.

Larceny: Intangible Property

At common law, only tangible property could be the subject of larceny. However, if you're faced with intangible property on the exam you could state that some courts have interpreted modern statutes to extend to cover intangible property.

Skimming

Attach data storage device to an ATM

First part:

Average Person Appeal (to)

What is the main rule of fire evidence collection?*

Avoid Contamination - Gasoline Powered Tools - Clean disposable items for evidence collection - Package materials separately - Perform proper QA/QC - Liquids at the scene

In what direction does ceiling beams char round off?

Away from the point of origin

B

Back-to-back loan without admissible purpose

Knowledge that document was forged (even though he did not forge them - he uttered them as genuine)

Barr v HMA

First anti drug law

Because of opium dens San Fransisco banned opium in 1875

1960's and 1970's drug use

Because of the Vietnam war and those opposed, as well as social acceptance and media influence drug use accelerated

What the defendant is entitled before the jury starts to deliberate?

Before the jury is entitled to deliberate a defendant is entitled to a jury instruction on the criminal defenses if there is evidence on the trial record for a reasonable jury to find the existence of that defenses.

Maple leaves

Border and cross into large window

Criminal Trespass

Breaking & entering without the intent to commit a crime * Grading is more severe if the entry is: * Into a dwelling * Involves a weapon * Occurs at night * Is in defiance of notice not to trespass * Severity of the crime is based upon the probability of injury to persons rather than on the value of property

Burglary (common law)

Breaking and entering the dwelling of another at night with the intent to commit a felony inside Breaking is creating/enlarging an opening by at least minimal force, or "constructive" breaking through fraud/threats/intimidation Many statutes have eliminated the breaking, dwelling, and nighttime elements

Burglary - Breaking

Breaking requires creating or enlarging an opening by at least minimal force, fraud, or intimidation; actual consent will negate a breaking.

ARS 13-2602

Bribery of a public servant or party officer - A person commits bribery of a public servant or party officer if with corrupt intent: 1. Such person offers, confers or agrees to confer any benefit upon a public servant or party officer with the intent to influence the public servant's or party officer's vote, opinion, judgment, exercise of discretion or other action in his official capacity as a public servant or party officer; or 2. While a public servant or party officer, such person solicits, accepts or agrees to accept any benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion or other action as a public servant or party officer may thereby be influenced. Class 4 felony

What does the FCPA prohibit?

Bribery of foreign government or political officials for the purpose of obtaining or retaining business or securing any improper business advantage

Burglary under Section 9 (1)(a) Actus reus Building or part of a building NORFOLK CONSTABULARY V SEEKINGS AND GOULD 1986

Brief facts: D and accomplice tried to get into two articulated lorry trailers being used by a supermarket as temporary storage space while the building was being redeveloped. Each was supported by its own wheels and struts and an electric cable serviced the lighting. Access was by way of steps. The lorry trailer did not count as a building because it had wheels and were classed as uninhabited vehicles even though been used as storage for over a year.

Burglary under Section 9 (1)(a) Actus reus Entry R V RYAN 1996

Brief facts: D burgled a house but only got as far as being trapped by his neck with only his head and right arm inside a window. He was not in the position to steal. Principle: the entry does not need to be effective the jury only needs to decide whether it is an entry or not.

Burglary under Section 9 (1)(a) Actus reus Trespass BARKER V R 1983

Brief facts: D committed burglary by entering the house of his neighbour. The neighbour was away and had asked D to 'keep an eye on the house' .D has a key and entered with intent to steal. "if a person enters for a purpose outside the scope of his authority the he stands in no better position than a person who enters with no authority at all". D became a trespasser because he had the intention to steal.

Burglary under Section 9 (1)(a) Actus reus Building or part of a building R V LAING 1995

Brief facts: D hid himself in the stock area of a department store. When the store had closed he was discovered. There was no evidence that he was a trespasser when he entered the store. The stock area constitutes as part of a building,

Burglary under Section 9 (1)(a) Mens rea Intention to commit the ulterior offence EASOM 1971

Brief facts: D in a cinema picked up a handbag and sorted through the contents. He left the handbag with its contents intact in front of the seat which he had vacated. Held: If D had it in mind to deprive the owner of such of his property as, proved worth taking but actually took nothing, he would not have stolen it. For burglary conditional intent can be sufficient.

Burglary under Section 9 (1)(a) Actus reus Building or part of a building B AND S V LEATHLEY 1979

Brief facts: D stole meat from a freezer container in a farmyard. The freezer was 25 feet long with 7 feet square cross-section, weighing about three tons, was supplied with electricity and had been in place resting on sleepers for two or three years. The container counts as building due to the length of time it had been there for.

Burglary under Section 9 (1)(a) Actus reus Trespass R V SMITH AND JONES

Brief facts: D stole two TVs from his fathers house, which he had general permission to enter.He had left home but was allowed to visit.They were treated as trespassers because they had entered the house for another purpose.

Burglary under Section 9 (1)(a) Actus reus Entry R V BROWN 1985

Brief facts: D was seen leaning through a broken shop window with the top half of his body inside a shop as though he was rummaging around. His feet were on the ground outside. He claimed that he could not be said to have entered a building if only part of his body had been inside. Principle: the concept of 'entry' was changed in this case to just effective

Burglary under Section 9 (1)(a) Actus reus Building or part of a building R V WALKINGTON 1979

Brief facts: D went behind a counter in a large store and opened a till drawer. The counter was movable, but occupied a clearly identified area. It was empty so he slammed it shut. D was convicted for burglary. D claimed he did not realise that he was not allowed to go behind the counter and therefore had not entered as a trespasser. The counter amounted to part of a building

Burglary under Section 9 (1)(a) Actus reus Entry R V COLLINS 1972

Brief facts: D went past a house where he knew a young lady lived. He climbed a ladder up to her window and peer in. She was lying naked on the bed, which was near the window.Collins descended the ladder took off all his clothes except his socks, and climbed back up the ladder. As he reached the window, the young lady woke up saw the naked man and, think he was her boyfriend invited him in; they had sexual intercourse. She then realised that it was not her boyfriend. Principle: the court described entry as "effective and substantial"

Burglary under Section 9 (1)(a) Mens rea Intention to commit the ulterior offence ATTORNEY GENERALS REFERENCE (NO'S 1 AND 2 OF 1979)

Brief facts: D1 was caught inside a house. D2 was found tampering with a set of patio doors. Both Ds admitted that they planned to steal whatever they found 'lying around', in other words,neither had anything in particular in mind when they entered each building.D1 was charged with burglary, D2 with attempted burglary. The court of appeal held that it is not a defence for D to claim that he did not intend to steal anything in particular.

Safer, have to be licensed, less STD's, regulated by department of health, prostitutes usually here by choice, do NOT typically engage in drug use

Brothel workers (legal in nevada)

Junkie burglars

Burglars who wait for the opportunity to steal and quickly dispose of the stolen property to feed their drug habit.

Known burglars

Burglars, known to the police because of prior arrests, who plan their crimes but are not as adept as professionals.

Actus Reus: Set fire to or burn personal property of another Mens Rea: Wilful + Malice = specific intent to harm person or property by burning

Burning Personal Property

Profit-motivated arson

Burning down a structure to collect on insurance that covers the destruction of the building.

Actus Reus: Set fire or burn real property or person property Mens Rea: Wilful + Malice = specific intent to defraud by burning

Burning to defraud

Define Glowing Combusiton

Burning without a flame, at the fuel-air interface (charcoal or a burning cigarette)

Stop Loss

Business burns to get insurance

Name 4 examples of non-residential structures

Business, storage facility, school, church

Fenced residential yard

But of real property immediately surrounding or adjacent to a residential structure and enclosed by a fence, wall, similar barrier

Fencing

Buying, selling, dealing stolen goods

Larceny--Property of another definition

CANNOT be real property or affixed to the land, electricity and gas is considered valid Under CL only tangible property can be considered property

Actus Reus: Burn the dwelling of another Mens Rea: Malice = gross negligence/ reckless disregard for person or property by burning.

CL Arson

Actus Reus: Breaking and entering the dwelling of another in the nighttime Mens Rea: Specific intent to commit a felony in the dwelling.

CL Burglary

CH4 + 2O2 -> (Methane) + (Oxygen)*

CO2 + 2H2O + Heat (Carbon Dioxide) + (Water)

What is CONTINUING TRESPASS?

CONTINUING TRESPASS creates an exception to the CONCURRENCE PRINCIPLE. The idea is that if at the time D wrongfully TAKES the property he does NOT have the intent to "permanently retain" it but he LATER FORMS THAT INTENT, the initial trespassory taking will be said to have CONTINUED so that it occurs at the same time as the requisite mental state of intent to retain permanently.

Miller v. California

California law prohibited "pictures or drawings very explicityly depicting men & women..engaged in sexual activities, with gentials prominently displayed

Phishing

Calls, texts or emails which seem authentic to get your personal information

Political Conflict of Interest

Can accept campaign contribution but NOT influence decisions or votes.

Transparent text

Canada slightly raised

C

Cannot be reconciled

Professionals

Carefully plan/execute crimes, use techniques, crime = lifestyle

Income Tax Fraud

Cheat on taxes

How common law treats children 7 and older?

Children 7 and older are tried in juvenile court systems where the primary goal is rehabilitation.

How does the Securities and Exchange Commission enforce the FCPA as?

Civil Violations

Punishment for Burglary of a Vehicle

Class A Misdemeanor

PECULIARITY OF THE CRIME OF RECEIVING STOLEN PROPERTY

Coincides with theft A person who commits this crime is simultaneously an accessory after the fact to theft.

ARS 13-2605

Commercial bribery - 1. Such person confers any benefit on an employee without the consent of such employee's employer, corruptly intending that such benefit will influence the conduct of the employee in relation to the employer's commercial affairs, and the conduct of the employee causes economic loss to the employer. 2. While an employee of an employer such employee accepts any benefit from another person, corruptly intending that such benefit will influence his conduct in relation to the employer's commercial affairs, and such conduct causes economic loss to the employer or principal. Class 5 felony - more than $1,000 Class 6 felony - less than $1,000 more than $100 Class 1 misd - less than $100

What is COMMON LAW EMBEZZLEMENT?

Common Law EMBEZZLEMENT is CONVERSION of the PERSONAL PROPERTY OF ANOTHER by a PERSON ALREADY IN LAWFUL POSSESSION of that property with the INTENT TO DEFRAUD

What is COMMON LAW LARCENY?

Common Law LARCENY is the TRESPASSORY TAKING and CARRYING AWAY of the PERSONAL PROPERTY of ANOTHER With the INTENT TO PERMANENTLY RETAIN the propery

What is the requisite mental state for COMMON LAW LARCENY?

Common Law larceny requires the SPECIFIC INTENT to PERMANENTLY RETAIN THE PROPERTY

Curtilage

Common law term for the area surrounding the home, which includes separate buildings and structures necessary for the landowner to carry on his business.

Document Analysis

Compares material of known origin, or exemplars, to unknown documents, or questioned documents. Also examine type of inks used

show the least variation in handwriting

Comparing adult handwriting could be the most favorable for identifying a suspect, as opposed to a teenager or child because....

under the influence

Condition in which alcohol or drugs have affected the nervous system, brain, or muscles so as to impair to an appreciable degree the ability to operate a motor vehicle in a manner like that of an ordinary, prudent, and cautious person in full possession of his facilities using reasonable care and under like circumstances.

Sales Agents

Conduit for payoffs; knows local agents customs and what to use as payoffs.

Congress' response: PROTECT Act

Congress responded to the Supreme Court's Free Speech Coalition ruling by passing a new law called the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 — better known as the PROTECT Act.

CA Theft Laws

Consolidation of Theft Offenses (Larceny, embezzlement, theft by false pretenses, and labor theft) 1. PC s 490a 2. PC s 484

Fourth part:

Contemporary Community Standards (is Patently Offensive with)

prescription drugs: Controlled pharmaceuticals

Controlled pharmaceuticals are used for two other populations, mentally ill and narcotic addicts (methadone maintenance)

Theft

Controls the property of another with the intent to deprive him/her of such property

Embezzlement (common law)

Conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud. Key difference from larceny: lawful possession

Conversion Lab

Converts one form of a drug to another. Cocaine to crack.

What does the FCPA require to be corruption?

Corrupt Intent

What other personal things are helpful to a thief?

Credit card numbers, driver's license number and ATM card number

Business identity theft

Credit cards and bank accounts opened in name of a business and used to order products, get loans etc...

How does the Department of Justice enforce the FCPA as?

Criminal Violations

Cybercrime

Criminal activity done by using computers and the Internet

Criminal trespass

Criminal acts not amounting to burglary committed in buildings or structures open to the public.

Firearms felonies (NY)

Criminal possession of a firearm: knowingly possessing any firearm Criminal possession of a weapon: knowingly possessing a loaded firearm either outside one's home or place of business, or with intent to use it unlawfully against another

A structure or fenced yard with a signage indicating it is a felony to enter or trespass OR signage indicating high voltage, high pressure or used by a rail, bus, air or other mass transit provider.

Critical public service facility

Element #3: "Pattern"

D must be actively and continuously committing acts of racketeering. (1 or 2 acts of racketeering aren't enough) P must prove 2 sub-elements: 1. Continuity = on-going racketeering activity 2. Relationship = racketeering activities must relate to each other

Burglary - Intent

D must have necessary intent at time of entry - D need not carry out the intent to be guilty

Larceny by trick (common law)

D obtains only custody (not title) as result of the intentional false statement (this distinguishes it from false pretenses)

For s9(1)(b) what irrelevant as the time of entry

D's intention, but the prosecution must prove that he actually committed or attempted to commit theft or grievous bodily harm once inside the building (criminal damage does not count)

Forged Document; signature on letter requesting money

Daniel Taylor

Jones & Smith [1976]

Defendant had general authority to enter the building, but did not have authority to take property. They had exceeded their authority and became trespassers

Receiving Stolen Property defined

Defendant must receive property knowing it to be stolen and the defendant must have the intent to deprive the true owner of the property.

Burglary - Felony

Defendant must specifically intend to commit a felony at the time of entry.

False Pretenses defined

Defendant obtains title and possession of property by fraud (merely taking possession, but not title is larceny by trick). The defendant obtains the title by knowingly making a false statement with the intent to defraud the victim.

Element #4: "Racketeering Activity"

Defined: engaging in organized illegal activity. Examples: extortion, blackmail, bootlegging, drug-dealing, murder... "Predicate acts" lead to violations of RICO...

Element #2: "Enterprise"

Defined: the structure through which D commits racketeering activity; it must exist separately from D. Can be any legal entity (individual, partnership, corporation, etc.) OR any group of individuals associated in fact. Members must have a common purpose. The purpose needs to be "continuous."

Obstruction of Justice Techniques

Delay game, over compliance, outright threats and coercion, and spoliation of evidence.

Forgery definition

Deliberate exposure of a forged document to another person as if it were genuine and person exposing knows it is forged and intends to deceive recipient NOT A RESULT CRIME! doesn't need a practical result --> mere communication

Crime concealment

Destroy evidence

Redlining

Discrimination mortgage lending policies of banks, deny certain districts credit so can invest in suburban real estate

Target removal strategy

Displaying dummy or disabled goods as a means of preventing shoplifting

Indian Hemp

Ditch Weed- wild growing. THC content .14%

Line Quality

Do letters flow or are they erratic/shaky

When victim is persuaded to...

Do something something he/she would not otherwise

Documents & Instruments

Documents and instruments were, at common law, regarded as merged with the matter they represented. Thus, unless they had monetary value in themselves, they could not be the subject of larceny.

Third part:

Dominant Theme (taken as a Whole by)

Joyriders

Drive cars with keys in, open windows, etc and abandon later, show off Ride is short term, symbolic

Over Compliance

Drown government with documentation (example: IBM - 75 million pages).

Who's most likely to get robbed?

Drug dealers, but less likely to report to people 57% robberies not reported to police (NCVS)

Copping areas

Drugs distribution areas in a city

RECEIVING STOLEN PROPERTY

ELEMENTS OF THE CRIME OF RECEIVING STOLEN PROPERTY: 1. receiving 2. stolen goods 3. unlawfully 4. intentionally (includes knowledge of the fact that the goods are stolen.

- RICO Statute - What are the Criminal and Civil Sanctions for a RICO conviction?

Each count of a RICO conviction may lead to up to 20 years' imprisonment, fines, and forfeiture of the D's property. In a civil case a private plaintiff is entitled to treble damages and attorneys fees, this provides a strong incentive for a private P to assert a RICO claim whenever possible.

What types of items are stolen from residences?

Easy to sell -Televisions, tape and compact disk players, speakers, jewelry and furs, clothing, firearms, credit cards and drugs

crop substitution

Effort to motivate farmers in foreign countries to grow domestic food crops for commercial markets instead of poppies, coca bushes, or cannabis plants.

What does a fire investigator look for in determining the origin of the fire? (4)

Electrical Systems Incendiary Devices Charring Burn Patterns

Other reasons for arson and profit?

Elimination of competition, extortion, coercion and intimidation as threat to get $

Infrared Luminescence

Emissions of light by a substance that has not been heated

Shop lifting and employee theft

Employee theft causes more loss to retailers than shoplifting (25% of all loss) efforts to combat shoplifting might impact sales technology is one of best ways to address both

A chemical reaction that "absorbs" energy is called?*

Endothermic

Amateurs

Engage in crime when opportunity arises, don't specialize in crime, don't identify as criminals, don't plan

Amateur Burglars

Enter homes when they feel the need, unplanned, steal anything, valuable in site, usually juveniles >>related to low $, drug abuse

Act of a person who enters or remains on the premises when such person's intent for entering or remaining is not licensed, authorized, or privileged except when entry is to commit theft of merchandise displayed for sale during normal business hours, when the premise is open to the public and the person does not enter any unauthorized areas of the premises.

Enter or remain unlawfully

Burglary in 2nd Degree 13-1507

Entering or remaining unlawfully in a residential structure with intent to commit any theft or any felony therein (Class 3 Felony)

Burglary in the 3rd Degree 13-1506

Entering or remaining unlawfully in or on a no. Residential structure or in a fenced commercial or residential yard with intent to commit any theft or any felony Therein or by making entry into any part of motor vehicle by means of manipulation key. Can be unlocked car or door (Class 4 Felony)

Criminal trespassing in 1st Degree 13-1504

Entering or remaining unlawfully in or on residential structure (F6), residential yard (fenced or unfenced) (M1), claim jumping (M1), the property of another and burning defacing mutilating religious symbol or religious property (F6) critical public service facility (F6)

Burglary

Entering the home by force, threat, or deception with intent to commit a crime

Burglary in the Third Degree

Entering, or remaining unlawfully in or on, A NON-RESIDENTIAL STRUCTURE or in a FENCED COMMERCIAL OR RESIDENTIAL YARD with the intent to commit ANY THEFT / VEHICLE

Burglary in the Second Degree

Entering, or remaining unlawfully in or on, a RESIDENTIAL STRUCTURE with the intent to commit any theft or any felony therein

s9(1)(b) Theft Act 1968

Enters into a building as a trespasser, knowingly or recklessly, and whilst in the building decides to commit an offence or attempts to commit offence

The intrusion of any part of any instrument or any part of a person's body inside the external boundaries of a structure or unit of real property.

Entry

Burglary - Entering

Entry is placing any portion of the body or any instrument used to commit the crime into the structure

Ryan [1995]

Entry was 'effective' despite the fact he was not in a position to steal, instruments can be used to provide entry but must distinguish for instruments used to secure entry

Venues of Violence

Escorts, exotic dancing, personal residence, streets, hotel, drug house, survival sex

Printing process

Essentially the same

Doctrine of Continuing Trespass

Even though a person only forms the intent to steal after taking of the property, it is still considered larceny. The taking must be wrongful.

How is it useful in forensic science?

Every person's handwriting has unique characteristics. Handwriting analysis looks at letter formations, connecting strokes between the letters, upstrokes, retraces, downstrokes, spacing, baseline, curves, size, distortions, hesitations and a number of other characteristics of handwriting. By examining these details and variations in a possible piece of evidence and comparing them to a sample of known authorship, forensic scientists can say whether or not the samples were written by the same person. Handwriting analysis is useful in a range of circumstances. These include: The forging of bank cheques and withdrawal forms The deliberate alliteration of business records and receipts Threatening letters and ransom notes Suicide notes

What are three key indicators for arson?

Evidence of low burning (staying close to the floor because of accelerant) Items moved to improve fire (addition of newspapers) Multiple points of origin

illegal drugs: Examples of illegal drugs

Examples include marijuana, heroin, ecstasy, and LSD

A chemical reaction that "liberates" energy is called?*

Exothermic

Anomie

Explains the concept of an individuals motive for involvement in deviant social behavior or crime

Forgery and uttering is the deliberate...

Exposure of a forged document to another as if it was genuine

False pretence may be

Express or implied

PUBLIC CORRUPTION

Extortion and bribery are the traditional crimes of public corruption. These public corruption crimes generally involve the attempt to extract money or property from another, by the misuse of public office.

What is the crime of FALSE PRETENSES?

FALSE PRETENSES is OBTAINING TITLE to the PERSONAL PROPERTY OF ANOTHER by an INTENTIONAL FALSE STATEMENT with the INTENT TO DEFRAUD

bank robbery- jurisdiction

FBI & State

Fleeting expletives

FCC policy created in 2004 made it "indecent" to utter filthy expletives, even if just for once; approved by Supreme Court in FCC v. Fox (2009)

Carjacking

FEDERAL statute elements from robbery PLUS the intent to cause serious bodily harm.

What is the requisite mental state for Forgery?

FORGERY requires the SPECIFIC INTENT TO DEFRAUD

What is another name for Clerical Duties?

Facilitating Payments

What are the exceptions the FCPA permits?

Facilitating payments made to expedite or secure performance of 'routine governmental action' by a foreign official

Counterfeit

Fake or not real

defendant purchases the victim's property with what the defendant knows is a bad check. what theft crime?

False Pretenses

What is the requisite mental state for FALSE PRETENSES?

False Pretenses requires the SPECIFIC INTENT TO DEFRAUD

Actus Reus

False pretence

A unit of real property surrounded completely by either fences, walls, building or similar barriers or any combo, and is used primarily for business operations or where livestock, produce, or other business commercial items are located.

Fenced commercial yard

A unit of real property immediately surrounding, or adjacent to, a residential structure and enclosed by a fence, wall, building, or similar barrier or any combo thereof.

Fenced residential yard

Synthetic Narcotic

Fentanyl, Butorphanal are produced entirely in a laboratory.

What you should do your identity has been stolen?

File a police report, keep a copy to show creditors and contact the credit report agencies.

What is the goal of fire investigation?

Finding the origin and the cause of the fire

Broadcast Decency Act of 2005

Fine of up to $325,000 per incident; context depicts extretory functions or organs in a patently offensive manner"

Punishment for Aggravated Robbery

First Degree Felony

Actus Reus: Set fire or burn real a realty or non-dwelling or occupied structure Mens Rea: Wilful + Malice = specific intent to harm person or property by burning

First degree Arson

Purchasing Agents

First targets and paid to make decisions.

Trends regarding US FCPA

Focus to prosecute the individual breaking the law not just the corporations. - Led by DOJ, SEC needs to catch up Industry Sweeps - Investigate companies in the industry of originally alleged company US regulators will conduct their own investigations if a company in their jurisdiction is involved in investigation abroad.

constructive possession

For possession of contraband - does not need to be in the actual possession of the defendnat, so long as it is close enough for him to exercise dominion AND control over it E.g., closet of hotel room, even though never touched the drugs

What does FCPA stand for?

Foreign Corrupt Policies Act

What is the name of the computerized hand writing database?

Forensic information system of handwriting (FISH)

ARS 13-2604

Forfeiture and disqualification from office - Notwithstanding the provisions of sections 13-904 and 13-912, a person convicted of violating section 13-2602 or 13-2603 shall forever be disqualified from becoming a public servant and shall, if such person is a public servant at the time of his conviction, forfeit his office.

Arson (New York)

Fourth: Reckless burning of a building Third: Intentional burning of a building Second: Third + D knows or should have known someone was inside First: Second + explosive/incendiary device

Detecting forgeries

Freehand forgeries are the easiest to detect. Simulation forgeries are also easy to detect for a number of reasons: It is very difficult to copy someone else's handwriting The style will not be as fluid because the writing does not come naturally The forged writing will show tremors, hesitations and other variations in letter quality that 'comfortable' handwriting would have. Traced forgeries and lifts are easy enough to detect but the identify of the forger cannot be easily determined.

Freehand

Freehand forgeries are written with no knowledge of the appearance of the original, just writing off the top of your head and passing it off as something else.

Fire triangle

Fuel, Oxygen, Heat

Extortion

Gaining of property or money by almost any kind of force, or threat of violence, property damage, harm to reputation, or unfavorable government action.

Gambling

Games of chance.

Document Analysis

Gathering information used in a formed document

Bailee & "Breaking Bulk"

Generally, a bailee has possession. If, however, she opens closed containers in which the property has been placed by the bailor (i.e., she "breaks bulk"), the possession is regarded by use of a fiction as returning to the bailor. If a bailee misappropriates property after breaking bulk, she takes it from the possession of the bailor and is guilty of larceny if she has the intent to steal.

Breaking Bulk Doctrine

Generally, a common carrier who takes the entire packaged goods is guilty of embezzlement. However, if the carrier who breaks into the shipment and takes only part of it, the defendant would be guilty of larceny.

Intent to Permanently Deprive (State of Mind Required)

Generally, larceny requires that at the time of the taking the defendant must have the intent to permanently deprive the person from whom the property is taken of his interest in the property. The intent has to exist at the moment of the taking of the property.

FCC v. Pacifica

Geroge Carlin's famous "seven filthy words" monologue; Can the FCC issue sanctions against a radio station for broadcasting during daytime hours?

Methods of Making Illegal Payments

Gifts, travel, entertainment, wine or liquor, clothes, sexual favors, lavish entertainment, free transportation, corporate jet, construction of home, home improvement, or gifts from briber's inventory.

Criminal identity theft

Give your name, address etc. to law-enforcement officials.

Kickback

Giving or receiving anything of value to influence a business decision without the employer's consent or knowledge.

Voiceprint

Graphic representation of a persons voice

Spoken Pretence, lying about extent of work

HMA v McAllister

Naive Check forgers

Have urgent need for money, not skilled

What does "Knowing" include?

Having a firm belief that something will happen

Burglary in the First Degree

He/she OR AN ACCOMPLICE commits any burglary and knowingly possesses any EXPLOSIVES, A DEADLY WEAPON OR DANGEROUS INSTRUMENT in the course of committing any theft or any felony

What are the three ways to sample arson debris?*

Headspace Activated Charcoal Strip Solid phase micro-extraction

What are the four necessary parts for a fire?

Heat Fuel Oxidizer Free Radicals

Opiates

Heroin, opium

- RICO Statute - USC § 1962 "Enterprise" - What did Turkette establish?

Holding - Rico applies to illegitimate enterprises as well as legitimate ones; i.e. associations in fact

What are the three types of accidental fires?

Human Technical Natural

Child Identity Theft

Id of young adults are used often for insurance and auto scams.

Watermark

Identifying image in paper that appears visible in transmitted light

Larceny personal property requirement (common law)

If D has lawful custody, he cannot be guilty of larceny. Similarly, if D owns the property but does not have lawful custody, he can be guilty of larceny if he took it from someone with lawful custody.

Larceny intent standard and continuing trespass (common law)

If D intends to give the property back, there's no larceny because there's no intent to steal. But if D later forms intent to steal the object, he will be guilty of larceny (continuing trespass)

Possession at the Time of the Taking

If a person has lawful possession when she takes the property, she is not guilty of larceny, even if she does not own the property. (But she may be guilty of embezzlement.) By contrast, a person can be guilty of larceny for taking her own property, if someone else had lawful possession at the time the owner takes it.

When is Knowledge established?

If a person is aware of a high probability of the existence of such circumstance, unless the person actually believes that such circumstance does not exist

(arson) building additoional

If building does not satisfy the definition, no arson.

Finders of Property

If someone finds property, larceny is commited if both of the following are met: 1) the defendant has the intent to steal at the finding of the property; 2) there is a clue to the ownership of the property in question (defendant knows who the owner is or who could discover who the owner is through reasonable diligence).

Victim's Mistake.

If the defendant is AWARE of the mistake when he receives the property, he is guilty of larceny. If the victim is NOT AWARE of the mistake when he receives the property, there is no crime. Ex. Defendant goes into store to buy an item for $2.50 and intends to pay with a $5.00 bill. The victim hands back $7.50 in change. The victim mistakenly things the defendant paid with a $10 bill instead.

Abandonment of Property

If the defendant takes the property and then abandons the property intending for the owner to recover it, he is liable if he created a SUBSTANTIAL RISK that the owner will lose his or her property, if so, the intent to permanently deprive will be satisfied.

Pawning Property

If the defendant takes the property to a pawn shop intended to return it to the victim or the victim retrieves his property back from the pawnshop, the defendant is liable if he created a SUBSTANTIAL RISK that the owner will lose his or her property, if so, the intent to permanently deprive will be satisfied.

What would happen if the proof offered to the jury by both sides is equal?

If the proof offered to the jury by both sides is equal then the defendant has not met the burden of proof.

- RICO Statute - USC § 1962 "Enterprise" - Distinctiveness Rule - How does distinctiveness rule work for sole proprietorships?

If the proprietorship has employees that could associate among themselves then the distinctiveness rule can be met under 1962c, HOWEVER if there is no real separation then the distinctiveness rule is going to be violated

What would happen if the stolen goods were recovered by its owner or the police?

If the stolen property was recover by its owner or the police is no longer considered stolen property.

If you cash a forged check, what crimes have you committed?

If you cash a forged check, you have committed forgery just by writing out the check. Once you cash the check, you have also committed FALSE PRETENSES because you have obtained title to property by an intentional false statement (obtained title to cash by using false check)

Blind Forgery

Image forgery detection

I

Immunity on Foreign Currency Accounts

Indented Writing

Impressions left on papers positioned under a piece of paper that has been written on

Property Improvement

Improve building with insurance

What is LARCENY in NEW YORK?

In NEW YORK, LARCENY includes any of the following common law crimes: LARCENY EMBEZZLEMENT FALSE PRETENSES LARCENY BY TRICK The degrees of Larceny depend on the amount of money involved, not the form of the crime

Arson - NY Degrees (5): Generally

In NY the five degrees of arson are based on the possibility of the presence of people in the structure at the time of the arson. NY 1 - 3 degrees involve intentionally starting a fire with the specific intent to damage a structure.

What is 1st Degree ROBBERY in NEW YORK?

In New York, 1st Degree ROBBERY is FORCIBLE STEALING PLUS one of the following: victim is SERIOUSLY INJURED (New York Felony Murder Rules Apply), or D uses or displays a GUN

What is 2nd Degree ROBBERY in NEW YORK?

In New York, 2nd Degree ROBBERY is FORCIBLE STEALING PLUS one of the following: D had an ACCOMPLICE actually present, or The victim is INJURED, or it is a CARJACKING

What is 3rd Degree LARCENY in NEW YORK?

In New York, 3rd Degree Larceny = $3,000 to $50,000

What is 3rd Degree ROBBERY in NEW YORK?

In New York, 3rd Degree ROBBERY is FORCIBLE STEALING

Marijuana Tax Act

In a response to the public pressure the Marijuana Tax Act was passed in 1937. The act required a substantial transfer tax.

Current regulation

In force in Canada

What constitute an 8th amendment violation in juvenile cases?

In juvenile cases is an 8th amendment violation to impose: (a) The death penalty for an infant under 18 when an homicide was committed. (b) Life without the possibility of parole for an non homicide crime. (c) Mandatory life without parole for homicide cases. The judge must look at the juvenile's character and any mitigated circumstances.

Is the person that innocently receives stolen property guilty?

In most states the person that innocently receives stolen property and later learns its stolen condition and decides to hide from the true owner is not guilty of receiving stolen property.

Burglary under Section 9 Actus reus Entry

In order for there to be a burglary the defendant must enter the property. The theft act does not define the word 'entry' and although it may seem straightforward, the question of exactly what entry entails has caused a lot of debate in case law.

What is an 'Unfair Business Advantage'?

In order to assist such issuer in obtaining or retaining business for or with, or directing business to, any person

Where does the most amount of street crime occur?

In smaller areas

Jamaican Posse

In the 1980 battled for turf regarding marijuana and cocaine

In 1973, the Supreme Court decided Roe v. Wade

In this case a woman challenged the Texas law that made it a crime to procure an abortion as defined therein or to attempt an abortion except on medical advice for the purpose of saving the life of the mother.

What is "Domestic Concern"?

Includes U.S. citizens, nationals and residents as well as any entity that is organized under the laws of the U.S. or a U.S. territory or that has its principal place of business in the United States

Arson 1

Incorporates the elements of Arson 2, AND either there was a pecuniary motive for starting the fire an incendiary device (Molotov cocktail) or an explosive was used anyone is seriously injured

Hacking

Information is stolen by breaking into a computer system.

Stealing

Information is taken from a purse or wallet, personnel records from a workplace, statements, or offers from the mail

Posses

Inner city gangs affiliated with drug use and trade

Intangibles

Intangibles cannot give rise to larceny. Note that gas and electricity are considered to be personal property that may be stolen.

Long term transportation:

Intent for long personal use

Uttering definition

Intention to deceive by presenting as genuine doesnt have to be agaisnt a specific perosn e.g. hanging of false certificates/ posting cheque

Spoliation of Evidence

Intentional vs. negligence

Aggravated Criminal Damage 13-1604

Intentionally or recklessly defaces or damages places for worship or religious purposes, school/educational facility, cemetery, utility

Prurient interest

Interest that tends to excite lust ow lewd behavior.

Entry

Intrusion of any part of any instrument or any part of a persons body inside the external boundaries of a structure or unit of real property (doesn't need to be full body. Can be just reaching in)

What the defendant has to assert the claim of right defense?

Is asserted by the defendant who has an honest subjected good faith believe, even a mistaken or unreasonable belief that the property he was accused of stealing it was his property or has the right to take it.

Pen Pressure

Is pressure equal when applied to upward and downward strokes

Size Consistency

Is the ration of height to width consistent

Line Habits

Is the text on the line, above the line, or below the line

Continuous

Is the writing continuous or does the writer lift the pen

Improve security

Issuing new notes

What is forgery?

It is actually possible to commit a crime by forging your own signature! FORGERY is the creation of falsified material or the altering of any writing with the purpose of defrauding or cheating. There are four basic types of forgery: traced, simulation, freehand and lifted.

What is an affirmative defense to 1st Degree ROBBERY committed WITH A GUN in NEW YORK?

It is an affirmative defense to 1ST DEGREE ROBBERY IN NEW YORK if the D can prove that the GUN WAS UNLOADED OR INOPERABLE

Claiden [1987]

It is enough that force is directed against property as long as such for translates into force against the person holding it

Taking

It is essential that the defendant actually obtain control of the property.

Hassle Factor: example of hassle

It keeps drugs hard to get, expensive, and increases the likelihood of arrest, and hence, decreases the rate of use of those drugs that are criminalized

mens rea in Bigamy

It varies. In some cases criminal intent is not essential to bigamy, nor is good faith a defense; however, in other states, a reasonable belief that the first marriage was dissolved can be an affirmative defense.

Arson CL Defense

It was a CL defense IF the arson D was the owner of the structure and no one else had an interest in that structure. For arson 4 this is a defense, and arson 3 provided that the D's intent in starting the fire was lawful and there was no reasonable basis for the D to believe that the fire would harm anyone else or would damage another's property.

- RICO Statute - USC § 1962 "Pattern of Racketeering" - What is the test for pattern of activity under RICO?

It's called the Relatedness and Continuity Requirement from a case called Sedima. It says there must be : (1) Relationship between predicates, and (2) Threat of continuing activity. Additionally, One scheme is sufficient if there is a pattern of predicate acts that have both continuity and relationship. "Sporadic activity" is not enough.

Columbia Extradite

Its so violent they ship bad men back to Columbia, the worst country in the world...from the US, the best country in the world.

Fraud does not require a loss or gain

James Paton

Implied;

James Paton

What are some types of incendiary fires? (6)

Juvenile Firebuffs Pyromania Hate Crimes Terror Destruction of evidence

Juvenile burglars

Juvenile criminals who confine themselves to local neighborhoods chosen by chance, often operating at the direction of older fence or burglar.

Dissociative Anesthetics

Ketamine, PCP

Manipulation Key

Key or device other than a key that is designed to operate specific lock. (Slim Jim, jiggle key)

Master key

Key that operates all keyed locked or cylinders

Definition

Knowingly and designedly obtaining title to the property of another by means of false representation with the intent to defraud.

Criminal trespass in 3rd degree 13-1502

Knowingly enter REAL PROPERTY after reasonable request to leave has been given by owner or any person having lawful control over such property (parking lots/fields) (more public less personal) (railroad property)

Criminal Trespass in 2nd Degree 13-1503

Knowingly entering a or remaining unlawfully in or on a non residential structure or knowing entering or remaining unlawfully in a fenced commercial yard

Criminal Trespass in the Third Degree

Knowingly entering, or remaining unlawfully on any REAL PROPERTY after a reasonable request to leave has been given by a law enforcement officer, the owner or any person having lawful control over such property, or reasonable notice prohibiting entry

False Statements

Knowingly making a false statement relating to a matter within the jurisdiction of a government agency.

Burglary in 1st Degree 13-1508

Knowingly possesses any explosives a deadly weapon or dangerous instrument in the course of committing any theft or any felony. Class 3 Felony if non residential or fenced commercial yard Class 2 Felony if Residential Structure

Common Law Larceny/Theft

LARCENY >If D purchases stolen goods or assists the thief in disposing of goods, D will be guilt of larceny

What is the crime of LARCENY BY TRICK?

LARCENY BY TRICK is when D obtains only CUSTODY, not title, as a result of an INTENTIONAL FALSE STATEMENT

Blotter Acid

LSD

Hallucinogens

LSD, Psilocybin

Property that May Be the Subject of Larceny

Larceny can be committed only by the acquisition of personal property capable of being possessed and of some value.

Larceny - Of Another

Larceny is a crime against possession, not ownership. Someone can be convicted of taking their own property if it is in the possession of someone else.

Property "Of Another"

Larceny is a crime against property. All that is necessary is that the property be taken from someone who has a possessory interest superior to that of the defendant.

Larceny defined (specific intent crime)

Larceny is the wrongful taking and carrying away of tangible personal property of another person without consent, with the intent to permanently deprive/steal.

Asportation

Larceny requires asportation, i.e., that all parts or portions of the property be moved and that this movement—which need only be slight—be part of the carrying away process.

What are the three trespassory crimes?

Larceny, Robbery & Extortion

All theft crimes are specific intent crimes.

Larceny, Robbery, Extortion, Larceny by Trick, False Pretenses, Embezzlement

Striking feature new bill

Large Transparent window

L

Large amount of withdrawal by cheques

Counterfeit tricks

Large bill to use seem shifty

L

Large cash withdrawal from dormant/inactive account

Inhalants

Laughing gas, gasoline

Controlled Substance Act

Law passed in 1970. Drugs are classified according to their medical use, potential for abuse, and possibility of creating dependence.

Six steps production process

Layers Ink applied, serial numbers printed, varnish applied, cut, packaged, and shipped

$5 bank note

Least counterfeited

Slant

Left, right, or variable

- RICO Statute - USC § 1962 "Enterprise" -What are examples of legal enterprises?

Legal entities such as units of government entities such as offices of governors, state legislature, police departments, sheriffs offices, commercial entities such as corporations or groups of corporations etc. HOWEVER the important limitation is that an enterprise cannot be an inanimate object such as an apartment complex.

Constructive possession

Legal fiction that applies to situations in which persons voluntarily give up physical custody of their property but still retain legal ownership

Best Evidence Rule

Legal principle that holds an original copy of a document as superior evidence

Copyright

Legal rights by laws granting the creator rights of distribution

Merchant privilege laws

Legislation that protects retailers and their employees from lawsuits if they arrest and detain a suspected shoplifter on reasonable grounds

Child Internet Protection Act (CIPA)

Library filters are OK if fairly applied

Systematic Check forgers

Lifestyle, learn as you go

What 12 characteristics are looked for in handwriting examination?

Line quality, spacing between letters and words, size consistency, continuos?, connecting letters, letters complete, cursive and print, pen pressure, slant letters, line habits, fancy curls or loops, t and i

Behavioral Traits of Occupational Fraud

Living beyond your means or financial distress.

Target hardening strategy

Locking goods into place or using electronic tags and sensing devices as means of preventing shoplifting

Small #'s

Look at numbers match note value

Dumpster diving

Look in your garbage for personal info

Shoulder surfing

Look over your shoulder to get information

Large window

Look through metallic portrait and building

Lost, Mislaid, and Abandoned Property

Lost or mislaid property is regarded as constructively in the possession of the owner, and thus if it is found and taken, it is taken from his possession and larceny might be committed. Abandoned property, however, has no owner and larceny cannot be committed by appropriating it.

Employees

Low level employees generally have only custody of their employers' property. They have possession, however, if the employer gives them especially broad powers over it or if the property is given directly to them by a third person, without the employer having intermediate possession.

Larceny--M.R. **intent to pay, repayment, borrow

M.R. Intent to pay--not sufficient to prevent larceny Repayment--No intent to steal because you believe you are entitled to it for repayment Borrow--intends to only borrow, e.g. joyriding--no intent to perm. deprive

Deliberate exposure is shown in

Macdonald v Tudhope

Mens rea: the forgery (writing) used dishonestly towards prejudice of some person

Macdonald v Tudhope

Carelessness does not suffice mens rea for fraud

Mackenzie v Skeen

Suspect counterfeiter

Maintain composure check bill carefully don't except Bill it's suspicious contact police

Cocaine Baby

Major congenital malformations cause strokes, increased risk of death, water on brain, poor growth, kidney problems

Making

Makes, begins make counterfeit money

Forgery

Making fake documents of any type

Arson - Malice

Malicious means intentional or with reckless disregard

Financial institution

Manage flow of notes

Common Industries for Occupational Fraud

Manufacturing, banking, and insurance.

Opportunity Theory

Many individuals turn to delinquency because of a sense of injustice about the lack of legitimate opportunities open to them

Civil War morphine use

Many soldiers wounded during the war were treated and sent home with morphine, causing widespread addiction

Cannabinoids

Marijuana, hash

Metallic portrait

Match large portrait tilt change color

Pornography

Material that displays sexual activities but is protected by the First Amendment and may not be prosecuted.

Commercial Conflict of Interest

Maximize profits vs. client's interest; medical industry.

Statutory felonious intent

May be changed to intent to commit any crime

Types of pimps

Media, business level, street level

M

Membership of Asia Pacific Group on Money Laundering (APGML)

Destruction or Movement

Mere destruction or movement of the property is not sufficient to constitute a taking.

Front right to left up to down 9

Metallic portrait large window transparent text small numbers Mapleleaf window, metallic building raised ink hidden numbers frosted maple leaf

Back up to down 4

Metallic portrait small numbers metallic building Mapleleaf border

Charges for Criminal Damage

Misdemeanor unless: persons property 10K or more/5K or more impairment of functioning utility Class 4 Felony 2K but less than 10K Class 5 Fel 1K but less than 2K Class 6 Fel 250 but less than 1K Class 1 Mis All others Class 2 Mis

False pretenses (fraud)

Misrepresenting a fact in a way that causes a deceived victim to give money or property to the offender

scam

Misrepresenting a service or a person to get personal information or money

Burglary (Modern Law)

Modernly, burglary is the trespassory entry into any structure with the intent to commit a crime therein.

Arson - Insurance Fraud?

Modernly, the crime of insurance fraud extends arson to all structures

What types of items are stolen from commercial businesses?

Money and checks

Name of some factors that affect our handwriting

Mood,age,rushed,writing instrument

Grand Larceny 1st (B Felony)

More than $1 MILL

Grand Larceny 3rd (D Felony)

More than $3,000 * ATM

Grand Larceny 2nd (C Felony)

More than $50,000 * Extortion

How is robbery a transaction?

More than illegal behavior by offender, it's interaction between them and victim Need to think of different types of victims and offenders, social identities, morals, etc

Commercial Grade Marijuana

Most common type of marijuana sold on the streets. Male and Female plants gown together 5-8% THC.

$20 bank note

Most counterfeited common bank note

What type of defenses are most criminal defenses?

Most criminal defenses are affirmative defenses which require the criminal defendant to prove by the preponderance of the evidence after the people has proven the elements of the crime beyond the reasonable doubt.

What are CIA defenses?

Most defenses are affirmative defenses except for CIA: C - Claim of right defense I - infancy defense (the defendant is under 7 or under 16) A - Alibi defense or the agency defense to a drug sale indictment.

Arson - NY Definition

Most jurisdictions have expanded dwelling to include a structure which includes a vehicle or watercraft used either for overnight lodging or to carry on a business. Total destruction of the dwelling was not required, but it had to involve more damage than just blackening by smoke. There must be charring or burning. If an arson proximately causes a death of anyone other than a criminal participant then a felony murder also arises.

Robbers on Robbery (why do it?)

Most rob because need money for drugs, gambling, alc Rob drug dealers because won't report and have $ or people area who seems like like have $ Give illusion of impeding death, only use violence if people don't comply Some aren't rational>rob while on drugs

Relating to bigamy on getting remarried when a spouse is missing

Most state statutes provide that if a person is absent and not heard from for a certain number of years, he or she is presumed to be dead

State RICO Laws

Most states have passed "little RICOs." Typically expand RICO liability. If a claim doesn't qualify under the federal RICO, it might still be actionable under a little RICO.

Predicate acts include:

Most types of fraud Money laundering Bribery Obstruction of justice Dealing in obscene matter Certain ERISA violations

Theft of car parts

Motivations- car parts may be worth a lot can be sold easily harder to identify than entire car

driving

Movement of a vehicle in some direction, including steering and controlling the vehicle while in motion.

Asportation definition

Moving

How is the pattern element applied to auditors?

Multiple acts of racketeering that are associated with a single audit with a single victim does not prove the pattern element. There must be multiple audits with multiple victims that include multiple acts of racketeering.

CAUSAL LINK BETWEEN VIOLENCE AND ACQUISITION OF PROPERTY

Must be causal link between violence or threats of violence and the acquisition of the property. Usually violence or threats of violence precede the acquisition of the property.. If there is such a close connection between the theft and the violence that these can be seen as connecting components of one and the same course of action, robbery may, according to this decision, be committed, even though the violence does not precede the taking of the property.

Countries that currently do not cooperate with FATF

Myanmar and Nigeria

- RICO Statute - USC § 1962 - Is there a mens rea requirement apart from the underlying crimes in RICO?

NO, there is not there is no mens rea requirement apart from the underlying crimes in RICO

- RICO CONSPIRACY - What's the takeaway from Salinas v. US?

Need not prove that the defendant agreed to personally commit two racketeering acts. Need only prove that the defendant agreed(with a conspirator) that a conspirator would commit at least two racketeering acts in the conduct of the affairs of the enterprise.

Burglary - Nighttime

Nighttime can be factually argued, i.e., sunset to sunrise

Are FCPA Violations covered under D&O liability insurance if a director or officer is fined?

No

Does a payment need to be made to be bribery?

No

Does the bribe need to achieve its intended effect?

No

Fifth part:

No Serious Literary, Artistic, Political, or Scientific Value

Strong-armed robbery (unarmed)

No weapon used

Do juveniles have the right to a jury trial?

No, juveniles do not have constitutionally right to a jury trial because the rehabilitated goal of the juvenile.

Any structure other than a residential structure, and includes a retail establishment

Non-residential structure

Larceny--abandoned property?

Not going to be larceny b/c the owner has surrendered all of his rights to the property

Lewdness

Obscene behavior

lewdness

Obscene behavior

Larceny by Trick defined

Obtaining possession of, but not title to, another's property with the intent to permanently deprive the owner of her property, obtains that property by fraud.

False pretenses (common law)

Obtaining title to the personal property of another by an intentional false statement, with intent to defraud. False statement must be present or past event, not future promise. Key difference from larceny: D gets title, not just custody.

Conflict of Interest

Occurs when an official has an undisclosed interest in a transaction, which causes or can potentially cause harm to the company or agency.

Identity Theft

Occurs when someone gets and uses a consumer's personal identification, credit, or account information

Occasional criminals

Offenders who do not define themselves by a criminal role or view themselves as committed career criminals

Professional criminals

Offenders who make a significant portion of their income from crime

Young burglars

Offenders, usually in their late teens or early twenties, who do not plan as well as the known or professional burglar.

Public morals offenses

Offenses that offend the community's morals, normally including obscenity, prostitution, gambling, and public corruption. Prohibited because they violate our traditional values and thus affect "public morals."

Bribery

Offering, giving, receiving, or soliciting anything of value to influence and official act.

When is a company liable for bribery?

Offers, promises or authorization to make prohibited payments are just as illegal as actually making a prohibited payment

Erasure

Omitting of words or marks from written document

The government appealed the case to the U.S.Supreme Court. The Court took the case presumably to resolve the split in thecircuits over whether the law was constitutional. Ashcroft v. Free Speech Coalition

On April 16, 2002, the Supreme Court struck down both There is no attempt, solicitation or conspiracy," "The Government has shown no more than a remote connection between speech that might encourage thoughts or impulses and any resulting child abuse. Without a significantly stronger, more direct connection, the Government may not prohibit speech on the ground that it may encourage pedophiles to engage in illegal conduct."

What is the focus of an 'Unfair Business Advantage'?

On gaining a competitive advantage rather than directly securing a particular contract

A person who is contemplating a subsequent marriage may not be able to rely upon the advice of an attorney.

One court held that the advice of counsel that there was no impediment to a second marriage was no defense to prosecution for bigamy

Precursors

One drugs leads to another

Misogamist

One who hates marriage

Where are most counterfeit drugs in the US are sold where?

Online

RICO's main purpose:

Originally: To stop organized crime's infiltration of legitimate business. Currently: To stop legitimate businesses from engaging in illegal practices. 2 Ways: civil liability criminal penalties

Burglary - Another

Ownership is irrelevant; occupancy by someone other than defendant is all that is required.

Arson - Another

Ownership is irrelevant; occupancy by someone other than defendant is required.

Fire is what type of chemical reaction?*

Oxidation

General Intent Rape

PC s 261 1. Sexual intercourse 2. With person who is not a spouse 3. Without consent: "Against the will"

Sufficiency of Sexual Penetration

PC s 263: Any sexual penetration however slight is sufficient to complete crime

Embezzlement

PC s 502 1. Fraudulent appropriation: A breach of trust. 🔺takes property entrusted to 🔺 for purpose and uses it for another purpose 2. of property 3. By person to whom entrusted Embezzlement occurs on breach of trust, still embezzlement of item is returned

Golden Crescent

Pakistan, Iran, Afghanistan heroin production and trafficking

Charred Document

Partially burned so as to blacken surface

Synthetic Identity theft

Parts of different people's identity are used to create a new identity.

Tax evasion

Pay less of tax bill

Forfeiture Seizure

Peace officer may seize counterfeit money/tokens

Petit Larceny (Class A Mis)

Person steals property $1,000 or less

Dumpster Diving

Personal information is thrown out and thieves remove it from the trash.

Placing a condition on the Property

Placing a condition on recovery of property that you have no right to place, will be considered intent to permanently deprive. Ex. If you pay me $10,000, you can get your property back.

final or bottom alcoholic phase

Point at which a drinker experiences emotional disorganization or impaired thinking.

prealcoholic phase

Point at which a person has an occasional drink as a means of reducing tension.

intermediate alcoholic stage

Point at which an individual who drinks has occasional blackouts coupled with a compulsion to drink and lose control.

crucial alcoholic phase

Point at which the drinker's loss of control becomes complete, there is isolation from others, and life becomes centered on alcohol.

fact 1

Polygamy is a marriage that exists between more than two partners

fact 3

Polygamy is illegal in all 50 states of America and in Canada

fact 4

Polygamy is practiced in some areas of America, in Africa and India

Notes printed on

Polymer

Possession of Burglary Tools 13-1505

Possessing any explosive, tool, instrument or other article commonly used for burglary. To include slim jims, master keys, jiggle tool Must be able to show they actually possessed tool & intended to use the tool Class 6 Felony

Custody v. Possession

Possession involves much greater scope of authority to deal with the property than does custody.

Criminal RICO

Potential punishment: Fines: up to $250,000 Prison: up to 20 years Forfeiture: all ill-gotten gains and property connected to the racketeering activity

- RICO Statute - USC § 1962 "Conducted the affairs of an enterprise through a pattern of racketeering activity" - Can you be held liable under RICO if you're an attorney providing legal assistance to client?

Potentially, in Handeen the court held, furnishing a client with ordinary professional assistance, even when the client happens to be a RICO enterprise will not normally rise to the level of participation sufficient to satisfy the conduct requirement in 1962c--this should not, however, be mistaken for an absolute edict that an attorney who associates with an enterprise can never be liable under RICO. The polestar is the activity in question, not the defendant's status.

Prostitute backgrounds

Poverty, early sexual experiences/abuse, drug addiction

P

Previously a relatively inactive account

Bolivia and Peru

Prime cultivators of Coca

Differential Association

Principal part of learning criminal behavior occurs in intimate settings. The poor identify with successful rolemodels (pimp, dealer) exposed to criminal behavior in their communities

Hash Oil

Produced by repeated extraction of cannabis materials. Higher THC

Extraction Lab

Produces substance by removing elements from one substance and creating another. Benzedrine Inhalant method-meth, hashish

Counterfeiting

Production of a imitation of currency, works of art, documents, and name brand lookalikes for the purpose of deception

Booster (heel)

Professional shoplifter who steals with the intention of reselling stolen merchandise

Systematic forgers

Professionals who make a living by passing bad checks

Credit Card Fraud

Professionals work in groups, move from town to town

18th Amendment

Prohibited the manufacture, sale, and distribution of alcoholic beverages. 1919.

PROTECT ACT

Prohibits computer-generated child pornography when "(B) such visual depiction is a computer image or computer-generated image that is, or appears virtually indistinguishable from that of a minor engaging in sexually explicit conduct"; Indistinguishable

Property of another

Property in which any person other than the defendant has an interest including community property in which the defendant also has an other and for damage caused by the theft of scrap metal, the property of other persons damaged directly or indirectly as a result of the acts of defendant

Criminal possession of stolen property (New York)

Property must be stolen at the time D receives it. Property that is recovered/used with permission by police in a sting is not considered stolen

Intent to Commit a Felony

Prosecution must prove: D entered with intent to commit certain acts; and those acts if committed by D would be a felony - Mistaken belief that one's intended conduct will be a felony is not "intent to commit a felony"

Devadasis

Prostitutes in India who enjoyed a high social standing.

Prostitution

Providing or receiving sexual acts between a prostitute, client, and sometimes the prostitute's employer in exchange for money or some other form of remuneration

Second part:

Prurient Interest (when the)

What types of instruments are used in forcible entry burglaries?

Pry bar, screwdriver or axe

fraud

Purposeful misrepresentation to another person to gain profit.

Check Fraud

Purposefully deceiving someone for personal econ gain by producing counterfeit/forged check (not realized till later it's a crime, can happen by accident)

Judge takes into consideration 10 things

Quality quantity location of notes, age, prior criminal record, sophistication of the scheme, mastermind or distributor, restitution a victim, motivation to accused

Revenge

Quarrels, hatred, racism

- RICO Statute - USC § 1962 "Conducted the affairs of an enterprise through a pattern of racketeering activity" - Under this element Reves says that, To conduct or participate directly or indirectly in the conduct of such enterprises affairs under 1962c, one must participate in the operation or management of the enterprise itself. What is the operations and management test?

RICO liability under 1962(c) requires the defendant to have taken some part in directing the enterprise's affairs through the operation and management of the enterprise.

What is the requisite mental state for ROBBERY?

ROBBERY requires the SPECIFIC INTENT TO STEAL

Feel

Raised ink

Natural Variations

Random mutations that occur when something is copied

Opportunistic Robbery

Random, spur of the moment Think: mugging, street crime, steal small amounts

What is the difference in window cracks between rapid heat buildup and slow heat buildup?

Rapid = Large Ovoid Cracks (loose soot) Slow = Vertical Cracks that Widen at the Top (burnt on soot)

Amateur Fencers

Rarely make $, econ exchange, mainly for social relationships

Realty and Severed Material

Realty and its fixtures are not subjects of larceny. If something is severed from the realty and taken before it comes into possession of the landowner as personal property, larceny is not committed. If, however, the landowner gains possession of the severed material as personalty, a subsequent taking of it is larceny.

RECEIVING THE PROPERTY

Receiving can take place in any of the recognized ways in which movable property can be delivered, including constructive modes of delivery.

Receipt of stolen property

Receiving possession AND control of stolen PERSONAL property mental state - KNOWING the property has been obtained criminally by another party AND INTENT to permanently deprive the owner of his interests in the property

Receiving Stolen Property Defined

Receiving stolen property, knowing that it is stolen, with the intent to permanently deprive the rightful owner.

Criminal Damage 13-1602

Recklessly defacing property, tampering, parking vehicle in manner to deprive live stock of access to only available water, drawing symbols on public. Or private property

Trafficking in prostitution

Recruiting, harboring, transporting, or obtaining of a person for the purposes of a commercial sex act - 14,500 to 17,500 in US - 600,000 to 800,000 across international border -growing area of organized crime -result of cultural and economic forces

Third Degree Arson

Refers to other types of property * Charges may be aggravated if a firefighter or police officer is injured in the line of duty relating to a crime

Delay Game

Refusal to voluntarily provide requested documents; legal battle.

Define ILR

Remains of an IL in a burned substrate that has a similar chromotographic pattern to an ignitable liquid

Civil RICO

Remedies include: Treble damages Attorney's fees Court costs Hundreds of RICO civil suits are filed every year against law firms, accounting firms, investment banks, etc.

Obliteration

Remove from existence, destroy all traces

21st Amendment

Repealed the 18th amendment, prohibition

Biggest factor deciding banknotes

Replace worn notes

Possession (and constructive possession) of contraband

Required act: control for a period of time long enough to have an opportunity to terminate possession. Constructive possession: contraband is close enough to D for him to exercise dominion and control over it, even if not in actual possession. Mental state: knowledge of possession and of character of item possessed

Any structure, moveable or immovable, permanent or temporary, adapted for both human residence and lodging whether occupied or not.

Residential structure

Forgery and Uttering is NOT a crime of

Result

What type of crime?

Result

Check Guarantee Fraud

Ride stolen credit card withdrawn from many banks

DEFINITION OF ROBBERY

Robbery consist of theft of property by unlawfully and intentionally using: 1. violence to take the property from another or 2. threats of violence to induce the other person to submit to the taking of the property

Robbery: Elements

Robbery is defined as larceny commited with TWO ADDITIONAL elements. i. The property is taken from the person or presence of the owner; AND ii. The taking is accomplished by using force or putting the owner in fear. the crime of larceny merges into roberry

Typologies of Robbery

Robbing people vs. institutions, skill, violence, etc

What happened in the mid-1970s that congress enacted the FCPA in 1977?

SEC investigations found 400+ US companies made questionable or illegal payments of more than $300 miilion

What does the FCPA require?

SEC-registered or reporting issuers to make and maintain accurate books and records and to implement adequate internal accounting controls

prescription drugs: schedules ll

Schedule II drugs are tightly controlled (cocaine, amphetamines, short acting barbiturates)

Prescription drugs

Schedule II through V drugs in the Controlled Substances Act, these drugs are controlled more tightly than alcohol and tobacco

prescription drugs: schedules III

Schedules III through V are less tightly controlled

- RICO Statute - USC § 1962 "Enterprise" + "Predicate Acts" - Does RICO statute require any economic motive element with respect to the enterprise or the predicate acts?

Scheidler was an abortion case that said RICO statute does not require any economic motive element with respect to either the enterprise or the predicate acts.

Cannabis sativa

Scientific name for the marijuana plant.

Fire evidence is collected in what type of container?

Sealed paint cans

Punishment for Robbery

Second Degree Felony

Punishment for Arson

Second Degree Felony, First Degree Felony- There was bodily injury or death, the property damaged was a habitation, place of worship

Actus Reus: Set fire or burn an unoccupied structure or vehicle. Mens Rea: Wilful + Malice = specific intent to harm person or property by burning

Second degree Arson

Indented writing

Second layer of paper gets indentation

Already included in polymer substrate

Security features design elements

Sinsemilla

Seedless Marijuana. Females are grown seperate from males to produce more resin and buds. 8-12% THC

Professionals Motorvehicle Theft

Sell parts of car (chop shop)

Uttering

Sell pay tender put off

What are five tell-tale signs of arson?

Separate/unconnected fires "Streamers" which spread fires Presence of containers for accelerant Ignition devices Signs of Breaking and entering

Effects of Pornography

Sexual arousal Discrimination against women Violence and Rape

Elements of Prostitution

Sexual harassment, rape, battery, verbal abuse, DV, racist practice, violation of human rights, crimes against morality, childhood sex abuse

Obscenity

Sexually explicit material that falls outside the protection of the First Amendment, and therefore, may be punished under a criminal statute.

Obscenity

Sexually explicit material that falls outside the protection of the first Amendment, and therefore, may be punished under a criminal statute

Short term Transportation

Short, desire for transportation

Situational inducement

Short-term influence on a person's behavior, such as financial problems or pure pressure, which increases risk taking

If notes or destroyed

Shredded to pellets

Simulation

Simulation involves the copying of writing from a genuine article, trying to imitate the handwriting of the original.

What are the types of burn patterns?

Single Multipoint

Professional Burglars

Skill, plan, specific things to steal, use technology, (steal safes), external contacts>police and people in CJS

Types of Violence

Slapped, punched, spanked, kicked, hair pulled, threatened with a weapon, threatened rape, fingers/objects, forced sex

Who is hurt by counterfeiters

Small businesses don't check cash usually

Polymer feels

Smooth texture

Prostitution

Solicitation of, or act of, engaging in commercialized sex, including deviate sex.

Types of professional robbers

Solo professionals Commits robbery exclusively Commits other crime and robs

What country has the highest corruption rating

Somalia

Arson - Burning

Some charring of or damage to the structure is required.

ordering another's checks from a deposit slip, altering a check, intercepting another's check

Some examples of check forgery are

Metal bands

Some notes have a metal band inside the layer of the paper that can also be seen under backlighting.

Technology features

Special computer software tablet and styluses

Professional Fencers

Specialize in certain march, like business >>thieves sell stuff to professional fencers People in CJS buy from fencers too Now rely more on internet, can dispose of merch more efficiently

S

Specific emphasis on the policy "KYC"

Polymer notes are

Specimen

Stimulants

Speed up central nervous system. Methamphetamine and cocaine

what are the two shortcomings of handwriting analysis

Standard for comparison isn't always good. Effect of mood etc. Not always predictable

Anabolic Steroids

Stanozol, dianabol

Punishment for Credit or Debit Card Abuse

State Jail Felony

Punishment for Unauthorized Use of a Motor Vehicle

State Jail Felony

Snitches

Steal for own consumption (90%) -Respectable members of community, don't think of themselves as criminals, have no criminal connections, steal when opportunity, don't plan a lot but come prepared, put items in coat Usually drug addicts, teens, need $ for food too and see shoplifting as business

Boosters

Steal merchandise to sell it (10% shoplifters) -work many stores, plan a lot, expensive merch and sell to professional fence, can "fix" cases if caught, use booster bloomers/boxers to smuggle stuff or work as team

3 Steps of Money Laundering (STEP 1)

Step 1) PLACEMENT = put proceeds from unlawful activities into the financial system without attracting the attention of financial institutions or law enforcement. -Techniques= a) divide large amounts of currency into less conspicuous smaller sums that are deposited directly into the bank. b)Commingling currency deposits of legal and illegal enterprises

3 Steps of Money Laundering (STEP 2)

Step 2) LAYERING= move funds around to make it difficult to follow to complicate the paper trail

3 Steps of Money Laundering (STEP 3)

Step 3) INTEGRATION= movement of money into legitimate-looking transactions in order to provide a plausible explanation for the source of Funds

STOLEN PROPERTY

Stolen if obtained by theft, robbery, housebreaking with intent to steal and theft or theft by false pretenses. If a person merely receives the proceeds of the sale of stolen property he does not commit the crime

Stolen Property

Stolen property can be the subject of larceny (i.e., a second thief is guilty of larceny when he takes property from a first thief).

Written Pretence, False tax declaration

Strathern v Fogal

Any vending machine, building, object, vehicle, railroad car, or ANY place with sides and a floor that is separately securable from any other structure attached to it and used for lodging, business, transportation, recreation or storage.

Structure

Critical public service facility

Structure or fenced yard that is posted with signage indicating it's a felony to trespass. High power voltage. Fire dept police dept emergency medical service

Graphologist

Studies personality of a writer based on handwriting samples. Typically not accepted as viable form of evidence. Sometimes used to help determine personality traits of author

S

Substantial increase in cash deposit

Uncontaminated control samples taken from a scene are called?

Substrate Controls

Burglary under Section 9 (1)(a) Mens rea Intention or recklessness as to trespass

Such intention or recklessness may be negated by D's honest mistake or an honest belief in a right of entry.

Factors in creating a sex market

Survival, money, drug addiction, loneliness/alienation, need for acceptance, academic failure/lack of vocational training, broken home, family dysfunction, parental rejection, peer pressure, physical and sexual abuse, lack of psychological counseling.

Model Panel Code

THEFT > MPC Section 223.6 -- If D purposely receives, retains, or disposes of moveable property of another knowing or believing the property has been stolen, unless D intends to restore to the owner > If D is a "merchant"/"dealer", knowledge or belief of stolen status is presumed if he received stolen property before

Texas Penal Code

THEFT > Receiving and/or concealing stolen or embezzled property is consolidated into the general theft crime

Carjacking

Take car by force, 50% successful

Hashish

Taking THC rich resin and drying and compressing. Higher

Larceny

Taking for one's own use the property of another, by means other than force or threats on the victim or forcibly breaking into a person's home or workplace; theft

Robbery

Taking property away from someone by threat/force Mostly strangers Violence is secondary to taking of property (means to end)

Trafficking Victims Protection Act (2000)

Task force to monitor/combat trafficking in persons, especially in: sex trade, slavery, involuntary servitude

Criminal Syndicates

Team/group of robbers, rely on several "big scores"

Durability test

Tearing, abrasion, chemical tests

More personal things helpful to a thief?

Telephone calling card numbers, mortgage details and PINS

Golden Triangle

Thailand, Laos and Myanmar Opium production and trafficking

Night-time

That period between thirty minutes past sunset and thirty minutes before sunrise.

Lascivious

That which is obscene or lewd or tends to cause lust.

What does the OECD Anti-Bribery Convention require?

The 41 member states to make bribery a serious crime

fact 5

The Catholic Church teaches that polygamy is wrong because it violates the dignity of marriage and its unique partnership

What is the "ERRONEOUS TAKINGS" Rule?

The ERRONEOUS TAKINGS rule says that A taking under a CLAIM OF RIGHT is NEVER larceny even if D is wrong in thinking the property belongs to him

What MPC inference arises in a case of a dealer who was a buyer or seller of goods, including pawn brokers?

The MPC made the inference In a case of a dealer who is a buyer if seller goods including pawn brokers who buy or sell stolen property and who: (1) was found to have posses stolen property from two different victims; (2) has received or retain stolen property within the prior year; (3) the dealer knew that the consideration gave for that property was substantially bellow.

What are the NEW YORK THEFT CRIMES?

The NEW YORK THEFT CRIMES are just LARCENY and ROBBERY

The Supreme Court on Adultery

The Supreme Court case struck down the Texas statute prohibiting same-sex intercourse based on the privacy rights of consenting adults. It is almost certain the Supreme Court, indeed, most likely all state supreme courts as well, would strike down adultery statutes as unconstitutional if ever challenged

What did the Supreme Court hold in Roe v. Wade

The Supreme Court held that the Texas Criminal Abortion Statute was unconstitutional. While agreeing that the state had an interest in regulating abortions, the majority concluded that the right of the personal privacy includes the right of a pregnant female to make the decision whether to terminate her pregnancy

How the US SC has held about the higher burden of proving?

The US SC has held that states can constitutionally impose a higher burden of proving affirmative defenses such as requiring clear and convincing proof.

In the case of Miller v. California

The United States Supreme Court dealt with the question of obscenity in an appeal from a state criminal conviction. The challenge to obscenity laws is they violate the 1st Amendment. The 1st Amendment rights are not absolute, however, and there are some forms of speech that are not protected, including obscenity.

Soliciting prostitution

The act of asking, enticing, or requesting another to commit the crime of prostitution.

Traced Forgery

The act of falsely duplicating the signature of another person

Pandering

The act of soliciting a person to perform an act of prostitution.

How is treated infant as an adult?

The age an infant is tried as an adult varies from state to state from age 16 to age 18.

Burglary

The breaking and entering of a building, locked automobile, boat, or other structure with the intent to commit a felony or theft.

How is the burden of proof in a juvenile case according to the supreme court?

The burden of proof in a juvenile case requires proof beyond a reasonable doubt.

What type of defense is the claim of right defense and who has to disproved?

The claim of right defense is an ordinary defense and has to be disproved by the people beyond the reasonable doubt.

What are the COMMON LAW THEFT OFFENSES?

The common law Theft Offenses are: 1. Larceny 2. Embezzlement 3. False Pretenses 4. Larceny by Trick 5. Robbery 6. Forgery

Psychological dependence

The condition that exists when a person must continue to take a drug in order to satisfy intense mental and emotional craving for the drug.

Why the supreme court has established the 8th amendment violations?

The court has established these amendment violations because have found that juveniles are less capable for their criminal conduct and have a greater capacity to be rehabilitated.

how does the theft crime of false pretenses differ from Larceny?

The crime differs from larceny with respect to what the defendant obtains: in larceny, the defendant only gains possession, but with false pretenses, the defendant also gains title (ownership).

Define Arson*

The crime of intentionally burning property

Bigamy

The crime of marrying one person while still legally married to another person.

Burglary under Section 9 (1)(a) Actus reus Building or part of a building Coincidence in time

The defendant must be a trespasser at the time of entry in to the building or part of the building.

Knowing the property is stolen

The defendant must either know or actually believe the property is stolen.

Burglary under Section 9 (1)(a) Mens rea Intention to commit the ulterior offence

The defendant must intend to commit one of the three ulterior offences before entering the building or part of the building.

Intent to permanently deprive the rightful owner

The defendant must, at the time defendant receives the stolen property, have the specified intent to permanently deprive the owner of that property. Where a defendant intends, at the time of receipt, to unconditionally return property to its owner, that defendant is not guilty of receipt stolen property.

What would happen if the thief is caught and cooperated with the police or an undercover officer pretends to be selling stolen property?

The defendant who buys those goods cannot be convicted from receiving property but she can be convicted of attempting receipt of stolen property because factual mistake is not a defense for the crime of attempt.

How must be the defendant's evidence in support of the affirmative defense?

The defendant's evidence in support of the affirmative defense must be of such convincing quality to outweigh the people evidence to the contrary.

Embezzlement

The destruction or fraudulent appropriation of another's money or merchandise by the person entrusted with it.

What is the difference between FALSE PRETENSES and LARCENY?

The difference between False Pretenses and Larceny is that in LARCENY D only gets CUSTODY of the property, in FALSE PRETENSES D gets TITLE to the property

What is the difference between Possession and Custody?

The difference between Possession and Custody is that Possession involves more than Custody because it requires the authority to EXERCISE SOME DISCRETION over the property

Arson 2

The elements of Arson 3, and limited to the use of FIRE (not explosives) PLUS someone who is not a participant who is present in the building or car, and the D knew or should have known of this fact (no one is injured)

What are the elements of COMMON LAW ROBBERY?

The elements of Common Law ROBBERY are LARCENY from the PERSON OR PRESENCE OF ANOTHER by FORCE or THREAT of immediate force (***Note: Hear "robbery", think "Larceny +2")

What are the elements of FORGERY?

The elements of FORGERY are MAKING or ALTERING A WRITING so that IT IS FALSE with the INTENT TO DEFRAUD

Define Flammable Range

The entire range of possible gas or vapor fuel concentrations in the air that are capable of burning

Lifted forgery

The final type of forgery is lifted forgery, in which sticky tape is used to lift a signature from one document to another.

What is Heat of Combustion?*

The heat energy evolved when a substance is burned in oxygen.

Arson 5

The intent to damage PERSONAL PROPERTY of another by intentionally starting a fire or causing an explosion regardless of whether the D had an interest in the property jointly owned with another. This is a misdemeanor and thus there can be no felony murder

Intent to Permanently Deprive (Steal)

The intent to deprive the owner of his property either permanently of for an unreasonable length of time, or the intent to use it in such a way that the owner will probably be deprived of his property. Intent is formed at the taking of the property.

Embezzlement defined

The intent to fraudulently convert property of another by one who is already in lawful possession of it. It is the fraudulent conversion of property by selling, spending, damaging, or failing to return the entrusted property.

What are the juvenile rights according to the supreme court?

The juvenile is entitled to counsel, miranda warnings, the right of confrontation and 4th amendment rights against unreasonable searches.

Arson

The knowing and malicious burning of the property of another. In addition, the burning one's own property for the purpose of collecting insurance money.

Nature of the Property.

The majority rule is that the property must be tangible personal property. At common law, larceny could only be accomplished by taking tangible, personal property. Common law larceny was limited to tangible property. Modern statutes have expanded the kinds of property to include theft of services and other intangibles. Ex. Gas and electrical power and documents evidencing rights).

Forgery

The making, adapting, or falsifying of document or other objects with the intention of achieving someone

Arson (common law)

The malicious burning of a dwelling. State of mind: malice Burning requires material wasting (scorching not enough; charring is), and it must be building that burns

obsence material continued

The miller test. 1973 case miller v california 1.whether the average person applying contemporary community standards would find that the work as a whole appeals to the purient indecent interest 2.whether the work depicts or describes in a blatant offensive way sexual conduct or excretory functions specificaly defined b applicable state law 3. whether the work taken as a whole lacks serious literary artistic political or scientific value

Define Ignition Temperature

The minimum temperature at which a fuel will spontaneously ignite (in the absence of any spark)

Define Flash Point

The minimum temperature at which a liquid fuel will produce enough vapor to form a mixture with the air that will support combustion

Section 9(2) of the TA 1968

The offences referred to in subsection (1)(a) are theft of anything in the building or part of a building in question, or inflicting grievous bodily harm on any person in the building, or committing criminal damage to the building or anything therein.

The people has the burden of disproving CIA ordinary defenses beyond the reasonable doubt. These defenses negate the elements of crime charged.

The people has the burden of disproving CIA ordinary defenses beyond the reasonable doubt. These defenses negate the elements of crime charged.

Burglary under Section 9 (1)(a) Actus reus Building or part of a building

The place which the defendant enters as a trespasser must be building or part of a building. The word building does not have a definition in the TA however there is guidance provided in s9(4) of what counts; -The building must a degree of permanency -temporary structures will not amount to a building

What is the primary goals with respect to juveniles?

The primary goal is to rehabilitate the juvenile.

NY Criminal Possession of Stolen Property

The property must be ACTUALLY stolen - property recovered OR used with permission (e.g., by police in an undercover sting) is not stolen

Requirement that Taking Be from One with "Possession"

The property must be taken from someone with possession other than the defendant. If the defendant had possession at the time of the taking (e.g., defendant is a bailee of the property), the resulting offense is not larceny, although it may be embezzlement. However, if the defendant has "custody" rather than "possession," her misappropriation of the property is larceny.

Receiving Stolen Property - Element

The receiving of physical possession of the property OR defendant exercises control over the goods. This element will be met when an agent of the defendant receives the property on behalf of the defendant, or when a thief delivers stolen property to a location specified by the defendant.

What is the requisite mental state for Common Law EMBEZZLEMENT?

The requisite mental state for Common Law EMBEZZLEMENT is the SPECIFIC INTENT TO DEFRAUD ***Note: If D intends to give the exact property back in the exact form, he will not have the intent to defraud***

prescription drugs: The sale of any of these drugs for nonmedical purposes

The sale of any of these drugs for nonmedical purposes can result in arrest and imprisonment of the physician and user

Polygamy

The state of having more than one wife or husband at the same time.

- RICO Statute - USC § 1962 "Pattern of Racketeering" - What is the SOL

The statute of limitations is 5 years so one predicate act must occur within 5 years of the indictment. Thus RICO prosecution can include offenses that would otherwise be time barred.

crop eradication

The systematic effort to destroy plants that produce the raw material that is manufactured into a narcotic drug.

Larceny - Trespassory Taking and Carrying Away

The taking must wrongfully take control over the property. The defendant must OBTAIN CONTROL OVER the property for HOWEVER SLIGHT OF PERIOD OF TIME or direct another person to take control over the property and they do so. Carrying away (asportation) is complete upon even the SLIGHTEST MOVEMENT of the property. Ex. Homeless lady intends to steal a steak from the grocery store. She picks up the steak in her hands and then changes her mind to not steal the steak. She is guilty of larceny because she took control and had slight movement with the proper intent.

Shoplifting

The taking of goods from retail stores

Prostitution under common law

The term prostitution is not synonymous with the offense of prostitution. Was not a crime. Is not a crime in all jurisdictions. Some elements were common to most statutes.

Burglary (Common Law)

The trespassory breaking and entering of the dwelling house of another at night with the specific intent to commit a felony therein

Occupational Crime

The use of one's occupation for personal enrichment.

Arson

The willful, malicious burning of a home, building, or vehicle

Taking Must Be "Trespassory"

The Δ must take the property from the custody or possession of another in a trespassory manner, i.e., without the consent of the person in custody or possession of the property.

Robbery

Theft Act 1968, s.8- form of aggravated theft because there is a use of force. Guilty if he steals and immediately before or at the time uses force or put them in fear that force will be used

Larceny and Embezzlement

Theft by Unlawful Taking Elements of Larceny: i. The trespassory ii. taking and iii. carrying away of iv. personal property v. of another with vi. intent to steal.

Petit (petty) larceny

Theft of a small amount of money or property, punished as a misdemeanor

Grand larceny

Theft of money or property of substantial value, punished as a felony

Shoplifting

Theft of property from convenient store

Addictive Personality

Theory that drug abusers consume drugs to help organize an otherwise disordered life.

Tracing

There are a few different ways to do traced forgeries: with overlays (as with tracing paper), transmitted light (as with a light board), tracing the indentations left in the page underneath the original writing and tracing patterns of dots that outline the writing to be forged.

fact 2

There are three types of polygamy: polyandry, polygyny, and group marriages

The Moral Standard

There is NO national moral standard to define pronography

• Drugs and crime relationship: statistical correlation between drug use and engaging in criminal activity

There is a positive statistical correlation between drug use and engaging in criminal behavior

- RICO Statute - USC § 1962 "Pattern of Racketeering" - How many acts of racketeering activity constitute a pattern?

There is a requirement of at least two acts of racketeering activity under 1961(5). The last of which occurred within 10 years after the commission of the last prior act of racketeering activity.

Walkington [1979]

There is no requirement to have a physical separation, the counter was out of bounds to the public and therefore he was a trespasser in that part of the building

Element #5: "Proximate Cause"

There must be a direct link between D's violation of RICO and P's injury. Indirect injury doesn't count

Water marks

These are hidden images that you can only see when you hold the note up to a light that shines through from behind.

Optically active devices

These are holographic images that also diffract light, producing multicoloured effects.

Fluorescent inks

These are special inks that fluoresce under UV light.

Serial numbers

These are the prominent letters and/or numbers on each one or both sides of the bill. Each number is different, like

prescription drugs:

These drugs are only available by prescription and prescribed in the context of medical or psychiatric therapy

The Free Speech Coalition and others challenged the law in federal court in1997

They challenged only the two subsections containing the "appears to be" and "conveys the impression" clauses.

Diverting Mail

Thieves can complete a change of address form and have the victim's bills and statements mailed to a different location.

Phishing

Thieves pretend to be a company in order to get the victim to give up personal information.

Stay ahead of counterfeiting

Think like counterfeiter counterfeit own notes

Burglary (New York)

Third degree: 1. Entering or remaining 2. In a building 3. Unlawfully 4. With the intent to commit a crime inside (any crime, not just felonies) Second degree: Third + one of the following: 1. Building is dwelling, or 2. Non-participant is injured, or 3. D carries a weapon First degree: If D knows he is burglarizing a dwelling, and one of 2 or 3 is met.

Robbery (New York)

Third degree: forcible stealing Second degree + one of: a. D is aided by another who is actually present, or b. D or accomplice injures victim, or c. A car is stolen First degree: forcible stealing + one of: a. Victim seriously injured b. D uses or displays what is or appears to be a firearm (affirmative defense to get to 2nd degree: gun was unloaded)

Intaglio printing

This is a raised form of printing that you can feel with your fingers.

Microprinting

This is the inclusion of very small printed details such as sentences, initials etc. that can not be reproduced by a

Pathological Materialism

Those that define success with material possessions

Involuntary Prostitution reasons

Threats of violence, coercion, Trafficking

Criminal Littering or Polluting 13-1603

Throws, places, drops or permits to be dropper in the property of another or public property any litter or destructive or injurious material which they do not immediately remove. Any sewage, oil, soil, minerals

Metallic building

Tilt to see change color

Government Regulations governing public corruption

Title 18 USC 1341: Mail Fraud Title 18 USC 1343: Wire Fraud Title 18 USC 1346: Deprivation of Honest and faithful Title 18 USC 201: Bribery Title 18 USC 666: Program Fraud Title 18 USC 1951: Hobbs Act Title 18 USC 2:

Offering a Bribe

To corruptly give, offer, or promise, to any executive, legislative or judicial officer, sheriff, or police officer or candidate, any gift or gratuity with the intent to influence his act, decision, or judgment on any matter or cause.

What is each party to the convention charged with in The OECA Anti-Bribery Convention?

To enforce the anti-bribery provisions within its territory

Arson 4

To intentionally start a fire or explosion that recklessly damages a building (or motor vehicle) This is when the D is aware of the grave risk that the fire could cause damage and the D disregards that risk.

What is the main goal of The OECD?

To promote market efficiency and confidence

What are The OECD Principles of Corporate Governance?

To set out general principles/practices for ensuring effective corporate governance frameworks

What does the OECD Anti-Bribery Convention seek to do?

To spread a model of good corporate citizenship around the world

ARS 13-2603

Trading in public office - "To get into office" A person commits trading in public office if with corrupt intent: 1. Such person offers, confers or agrees to confer any benefit upon a public servant or party officer upon an agreement or understanding that he will or may be appointed to a public office or designated or nominated as a candidate for public office; or 2. While a public servant or party officer, such person solicits, accepts or agrees to accept any benefit from another upon an agreement or understanding that that person will or may be appointed to a public office or designated or nominated as a candidate for public office. Class 6 felony

Services

Traditionally, obtaining services wrongfully cannot give rise to larceny.

Synthesis Lab

Transforms one substance into another resulting in a different and more powerful drug.

Burglary - Trespassory

Trespassory means without consent or beyond the scope of consent.

What is handwriting analysis?

True handwriting analysis involves careful examination of the design, shape and structure of handwriting to determine who wrote it. The basic principle of handwriting analysis is that no two people write something exactly the same way.

Does U.S. think prostitution should be legalized?

U.S is pretty conservative-majority say no

1999

U.S. court of appeals determined handwriting analysis qualifies at expert testimony

UK Bribery Act vs. FCPA (ON THE TEST)

UK Bribery Act - Commercial bribery provision - Offense related to being bribed - Exemption for adequate procedures - No books and Records provision - No allowance for facilitating payments - Hospitality (no exception for reasonable and bona Fide) US FCPA - Bribery of foreign government officials - No offense related to being bribed - No exemption for adequate procedures - Includes books and record provision - Includes allowance for facilitating payments - Includes exception for reasonable and bona fide No public vs. private sector distinction in FCPA - UKBA covers private sector AND UK/non UK officials - FCPA only covers foreign public officials outside the US Bribe recipient is liable - UKBA kickbacks are illegal - FCPA only bribes are illegal No "corrupt" element required - FCPA requires "corrupt" intent Strict liability for failure to prevent bribery - FCPA doesn't have liability for "corporate offense" Adequate Procedures Defense - Complying and having adequate controls aren't a full defense under FCPA No exception for facilitation payments - FCPA allows exceptions for facilitation payments; UKBA doesn't NO affirmative evidence for reasonable and bona fide business expenses - FCPA allows exception for reasonable, bona fide business expenses; UKBA doesnt

Evaluating if Corporation has liability (UK Bribery Act)

UK government will look at 6 principles to determine existence of "adequate procedures" 1. Proportionate procedures 2. Top level commitment 3. Risk assessment 4. Due dilligence 5. Communication and training 6. Monitoring and Review

2 Main legislation to fight corruption

US Foreign Corrupt Practices Act (FCPA 1997) - enforced by DOJ and SEC 1. Contains ANTI-BRIBERY and BOOKS & RECORDS provisions 2. Applies to any company registered with SEC, Domestic concern/relevant conduct happens in the US 3. Offering payment to foreign officials with intent to obtain/retain business is an OFFENSE 4. Must keep books&records that accurately and fairly reflect transactions 5. Maintain adequate system of internal controls UK Bribery Act of 2010 (most stringent laws against corruption)

Professionals who can help

US department of Justice, Police and Federal Trade Commission.

MODEL PENAL CODE: theft crimes

Under the Model Penal Code, there has been a "consolidation of theft crimes." • Basically, under the MPC, larceny and embezzlement are consolidated into "theft by unlawful taking or disposition." o For example, larceny by trick and false pretenses are consolidated into "theft by deception."

Tax avoidance

Underreport wages (2nd job, under the table)

Tax gaps

Underreported to IRS

U

Unexpected repayment of an overdue

U

Unit of Anti Money Laundering established at SBP

Property Crime

Unlawful damage to/taking of property of another, regardless if actual physical threat occurs

Burglary

Unlawful entry of house/business with intent to commit felony Not face-face contact

What does the bribery and corruption statute prohibit?

Unlawful payments directly or indirectly through a third party

Incest

Unlawful sexual intercourse with a relative through blood or marriage.

Motorvehicle Theft

Unlawful taking of motor vehicle (car, truck, motorcylcle, etc) 89% reported to police (NCVS) >>most reported because high value, insurance, can be tracked

Larceny

Unlawful taking of someone's property that's not an employer, no violence or force/threat and not breaking/entering More money stolen/value, more likely reported to police (theft, shoplifting)

Defacing

Unnecessary act of substantially marring any surface or place by any means or any act of putting up, affixing, fastening, printing or painting any notice upon any structure w/o permission from owner

Commission of other Crime

Use car to runaway, etc

Spam

Use of electronic messaging system to send unwanted messages

How can one forensically determine the validity of a prescription drug?

Use specialized equipment or analysis to verify their presence via chemical, physical, biological, or spectroscopic measures.

Purchase check/credit card fraud

Use to buy goods

Financial identity theft

Use your name, social security etc. to apply for telephone service, credit cards, loans, and to buy things.

What is meant by the term drug abuse?

Using a drug for the euphoric or mood altering properties instead of for its intended use. A pattern of use.

First Degree Arson

Usually involves occupied buildings/vehicles

Second Degree Arson

Usually involves unoccupied buildings and sometimes vehicles

Structure

Vending machine, any building, object, vehicle, railroad car or any place with sides and a floor that is separately securable from any other structure attached to it and used for lodging, business, transportation, recreation or storage

Legal drug: Violations

Violations of these laws may result in arrest or criminal fine

inhalants

Volatile substances that produce chemical vapors that can be inhaled to induce a psychoactive, or mind-altering, effect. Inhalants include a broad range of chemicals found in hundreds of different products that may have different pharmacological effects.

Larceny under CL--sentence

Was a Capital Offense (put to death)

What are types of paper security measure?

Watermarks and visible fibers

Armed robbery

Weapon used Less likely for someone to be injured and more successful

Definition of Drug

Websters defines as a substance used in the treatment or diagnosis of disease, but it fails to recognize the recreational use. Any substance that causes or create significant psychological and or physiological changes in the body

Fraudulence

When a financial gain accompanies a forgery

Aggravated Robbery

When a person commits robbery and causes serious bodily injury to another, uses or exhibits a deadly weapon and or the victim is elderly or disabled

Fraudulent Removal

When a person destroys or removes a writing, other than a governmental record, with intent to defraud or harm

Criminal Trespass

When a person enters or remains on another's property without consent and knew that entry was forbidden or received notice to leave but did not

Forgery

When a person forges writing with the intent to defraud or harm another by alter, make, complete, execute, or authenticate any writing so that it purports to be the act of another who did not authorize it

Robbery

When a person in the course of committing theft intentionally, knowingly, or recklessly causes bodily injury to another and intentionally or knowingly places another in fear of imminent bodily injury or death

Graffiti

When a person intentionally or knowingly makes markings, inscriptions, slogans, drawings, or paintings on tangible property without the consent of the owner

Unauthorized Use of a Motor Vehicle

When a person intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the consent of the owner

Reckless Damage

When a person recklessly damages or destroys property of the owner without consent.

Arson

When a person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage

Theft

When a person unlawfully appropriates (takes) property with the intent to deprive the owner of it

Credit or Debit Card Abuse

When a person uses someone else's card without their permission

Backstabbing

When an addict uses and depletes their families monetary and emotional resources. Families often lose faith and trust in the addict.

What is identity theft per the federal trade commission (FTC)

When personal information is used, without an individual's permission.

Intent to Reimburse or Replace Property.

When the defendant takes property with intent to later pay for it or later replace it, it will negate the intent to permanently deprive if the property was easily replaceable (not unique). Ex. Bottle of coke

Simulated Forgery

When you copy the handwriting of someone's else in order to commit forgery

Possessory lean (taking property to be repaired).

When you take property to be serviced, and is going to be paid a fee for their service of the property, they have a possessory lean on the property. Taking property without paying would be larceny.

Arson

Willful/malicious burning of a house/property Fires of unknown origin are excluded

Actus Reus is complete when irrevocable

William Jeffrey

Frosted maple leaf

Window transparent outline, hidden numbers through

How are accelerants analyzed?*

With GC or GC/MS because they are mixtures of hyrdrocarbons

Burglary

Without the consent of the owner, a person enters a habitation or building that is not then open to the public with intent to commit a felony, theft or assault

Criminal Mischief

Without the consent of the owner, a person intentionally or knowingly damages the physical property of another

- RICO Statute - USC § 1962 "Enterprise" - Is the enterprise an entity separate and apart from racketeering activity?

YES, An enterprise is an entity separate and apart from racketeering activity. Aside from predicate acts it has (1) common purpose;(2) evidence of ongoing organization, formal or informal for making decisions and (3) the various associates function as a continuing unit for common purpose of engaging in course of conduct.

Can a residential structure be moveable?

Yes

Does Cultural norms influence and limit our behavior?

Yes, alcohol does disinhibit us and this disinhibition does sometimes - more often than sober - result in violence behavior

Are tents and travel trailers residential structures?

Yes, under some circumstances

- RICO Statute - USC § 1962 "Enterprise" - Distinctiveness Rule-Where RICO defendant "person" is a corporate employee (pres / sole shareholder) of the alleged corporate enterprise and that person is acting within the scope of his employment at the enterprise is there sufficient distinctiveness?

Yes, when corporate employee unlawfully conducts affairs of a corporation, distinctiveness is satisfied. Under 1962(c) - you DO need to allege and prove two distinct entities (1) person / (2) enterprise. HOWEVER under 1962(a) and (b) you DO NOT need to prove two distinct entities; no distinctiveness test

What more can be used to steal an person's identity?

Your "permanent" address or date of birth

What can be used to steal an person's identity?

Your full name or social security number

Insurance Identity theft

Your insurance info is stolen and used to access benefits.

Medical Identity theft

Your personal info is used to access you medical info or medical treatment.

Social Security Identity theft

Your social security number is stolen and can be used in many ways.

Vandalism

Youths, done to schools, exciting

a perk

a benefit received as part of the arrangements with your employer For example: You get a free lunch in the staff canteen every day.

• Mental illness is

a condition that impacts a person's thinking, feeling or mood and may affect his or her ability to relate to others and function on a daily basis.

Statutory nighttime

a defined period after sunset to before sunrise, often eliminated

• Schizophrenia is

a disorder with a range of symptoms involving disturbances in content of thought, form of thought, perception, affect, sense of self, motivation, behavior, and interpersonal functioning (symptoms-delusions, hallucinations, disorganized speech, catatonic behavior

Prescription Model

a drug policy that proposes that drugs be administered by prescription

commercial bribery

a form of bribery which involves corrupt dealing with the agents or employees of potential buyers to secure an advantage over business competitors. It is a form of corruption which does not necessarily involve government personnel or facilities.

blackmail

a form of extortion where a threat is made to disclose a crime or secret

Dwelling of Another

a habitation, i.e., where people live includes buildings in the curtilage of the dwelling as well

a favour

a helpful act For example: You won't be home in time to pick up your suit from the dry cleaner's. You ask your friend to do it.

Prohibition

a law forbidding the sale of alcoholic beverages

What is an "offshore financial center" (OFC)

a low tax, lightly regulated jurisdiction that specializes in providing the corporate and commercial infrastructure to facilitate the use of those jurisdictions for the formation of offshore companies

Fetal Alcohol Syndrome

a medical condition in which body deformation or facial development or mental ability of a fetus is impaired because the mother drank alcohol while pregnant

MP

a member of Parliament (minister) in the UK

o Mixed Model

a pattern of drug distribution involving both growing a drug-bearing plant in an agricultural setting and chemically extracting its drug for distribution and sale; examples: Heroin (opium plant) and cocaine (coca plant)

o Pure Agricultural Model

a pattern of drug distribution that applies to substances grown and harvested from plants that contain drugs, requiring little or no preparation or transformation; applies mainly to marijuana and opium

Peer Self groups: Alcoholics Anonymous (AA)

a peer-oriented, self-help organization dedicated to weaning alcoholics off their dependence on alcohol; based on the theory that alcoholics cannot drink moderately

Peer Self groups: Narcotics Anonymous (NA)

a peer-oriented, self-help program to wean users off the use of drugs; based on Alcoholics Anonymous

Burglary of a Vehicle

a person breaks into or enters a vehicle with intent to commit any felony or theft

gauze

a person cannot burglarize his own home

definition of robbery

a person is guilty of robbery if he steals and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

(arson) common law

a person who burned their own home was not guilty of arson unless possession of the house had been given to someone else.

politician

a person who works in politics

Physical dependence

a physiological need for a drug, marked by unpleasant withdrawal symptoms when the drug is discontinued

The two essential elements of the crime of bigamy

a prior marriage, second marriage before the first marriage is dissolved

o Methadone Maintenance

a program of maintaining narcotic, mainly heroin, addicts on a narcotic drug (methadone), which reduces their craving for, and makes it difficult to become high on, recreational doses of narcotics

Closed-end scheme

a series of related acts over a substantial period of time with a definite goal in mind.

a tip

a small sum of money given to someone for their services For example: After paying the salon, you give a little extra money to the hairdresser who cut your hair.

Habitation

a structure or vehicle that is adapted for overnight accommodations. Some examples are house, apartment, motel room, and a mobile home if it is connected

Hydroponics

a technique of growing plants (without soil) in water containing dissolved nutrients. Twice the THC content

Open-end scheme

a threat of long-term racketeering activity with no definitive end.

Miller Test

a three-pronged test for determining if material is obscenity, developed in the Miller v. California case

RICO 1962 prohibits

a) receiving money or property through pattern of racketeering acts and investing in it b) acquiring/ controlling business through a pattern of racketeering activity c) conducting or participating either directly or indirectly in conduct of racketeering business (accountants; aka: A&A) d) conspiracy to violate all of the above

Child pornography prevention act of 1996

address concerns about advances in computer technology that make it more difficult for prosecutors to determine whether certain images are of an actual child or simply realistic images of fictional children

When was the U.S. patriot act passed

after 911 which revises key elements of US criminal code and Bank Secrecy Act

s10 Theft Act 1968

aggravated burglary- commits burglary and at the time has with him a firearm, imitation firearm, any weapon of offence or any explosive

bowen

aggravated burglary- one must have the intent to commit a felony theft, or sexual battery in the building he has broken and entered

victimless Crime

an act that is legally a crime but that seem to have no victims

Delirium Tremens

an acute organic brain syndrome due to alcohol withdrawal that is characterized by sweating, tremor, restlessness, anxiety, mental confusion, and hallucinations

Rush

an added euphoric feeling while already under the influence of a drug

Curtilage

an area of land attached to a house and forming one enclosure with it.

Adultery

an ecclesiastical offense, and part of common law

The elements of the crime of abortion in the majority of the states prior to Roe v. Wade were

an intent to produce a miscarriage, unlawful administration of drugs or noxious substances or using an instrument, a resulting miscarriage.

victimless crimes

an offense committed against the social values and interests represented in and protected by criminal law and in which the parties to the offense willingly participated in it.

Which is the most popularly counterfeited drug world wide?

anti-infective

What drugs are commonly counterfeited in developing countries?

antibiotics, antimalarials and antiparasitics

Indecency

any "patently offensive" material; sexual, foul language, pornography, public nudity; PROTECTED by the 1st Am, with limitations

Vehicle

any device in which any person or property may be moved or drawn during the normal course of business

BCO 93F

any person who found into money laundering; is punishable which may extend to five year or with fine which may extend to Rs. 100,000 or both

Pornography

any sexually explicit work deemed obscene according to legal criteria, and therefore exempt from freedom of speech protections

Questioned Document

any signature, handwriting, typewriting, or other written mark whose source or authenticity is in dispute or uncertainty

Building

any structure or enclosure intended for use as a habitation of some purpose or trade

arson

any willful or malicious burning or attempting to burn, with or without the attempt to defraud a dwelling house, public building, motor vehicle or aircraft, personal property of another

obscenity

any work-when applying contemporary community standards-that appeals to indecent interests, depicts or descrives sexual conduct in a patently offensive way and lacks serious literary artistic political or scientific value. The crime of obscenity punishes the sale possession or distribution of obscene materials

curtilage

anything that is part of property

o Psychopharmacological model

argues that it is the psychological and physical effects of psychoactive substances that cause users to become violent towards one another

o Economic-Compulsive Model

argues that the connection between drug use and violence is so strong because users need money to maintain their habit and while committing money-making crimes, users engage in such behavior (robbery, burglary) which often turn violent when the victim resists or struggles

Predisposition model

argues that the explanation between drug addiction and criminal behavior is that the kinds of people who are likely to engage in compulsive drug-taking behavior are also the kinds of people who are likely to engage in criminal behavior

o Systemic Model

argues that the reason the connection between drugs and violence is so strong is because the world of drug dealing is inherently conflictual, confrontational, and exploitative—and not because of the direct effects of drugs

In 1972, Roe v. Wade

at least 36 states had laws limiting abortion

Zones of transition

attitudes, values and norms conducive to crime being transferred over time from one ethnic group to another

daniels

b/e with intent to commit a crime into an outhouse under the curtilage or protection of a mansion or dwelling will be said as having been done in the dwelling house

What are some weak revenue accounting establishments

bars, movie theaters, legal gambling establishments

Why do people use drugs

because drugs create higher levels of dopamine which makes an individual feel AWESOME!!!

Why did early criminals use laundry mats

because they do not have great record keeping revenues

R v Robinson

believed he had a legal right to the money and therefore was not dishonest

revenge arsonist profile

blue-collar, adult make from lower socioeconomic status. rents housing, alcohol and drug use, prior police contact. serial revenge arsonist returns to the scene but single event doesn't.

why robbery is considered distinct type of larceny

both taking

Common law burglary

breaking entering dwelling of another nighttime felonious intent

Trespassory (cl burglary)

breaking and entering is without consent of the one who possesses the house.

goldman

breaking into one building with the intent to gain entry into another adjoining building and commit a crime in the latter building can still constitute a burglary even if the D does not gain access to the latter building

Example of money laundering

breaking up large amounts into smaller sums that are deposited in more than one bank account

Sex worker

broader term including sex trader as well as phone sex operator, exotic dancer, etc.

More likely to use condoms

brothel workers

burglary vs robbery

burglary: -seek to avoid contact -crime against property robbery: -confront their victims directly -crime against a person

(arson) statutory

burning one's own home is arson.

Example of money laundering

buy a series of cashier's checks or money orders, and then deposit in bank account, or accounts

BURGLARY IN THE SECOND (2ND) DEGREE

by entering, or remaining unlawfully in or on, a residential structure with the intent to commit any theft or any felony therein.

THEFT BY EXTORTION

by knowingly obtaining, or seeking to obtain, property or services by means of a threat to do in the future any of the following

When is a RFID activated?

by passing in the proximity of a reader

-POSSESSION OF BURGLARY TOOLS; MASTER KEYS; MANIPULATION KEYS

by possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in the burglary statutes and intending to use, or permit the use of, such an item in the commission of a burglary. A person also commits this crime by buying, selling, transferring, possessing or using a motor vehicle manipulation key or master key.

Roaring twenties

called "roaring" because of the exuberant, freewheeling popular culture of the decade. The Roaring Twenties was a time when many people defied Prohibition, indulged in new styles of dancing and dressing, and rejected many traditional moral standards.

Temperance Movement

campaign to limit or ban the use of alcoholic beverages

professional robber

career criminals who pursue robbery as way or life. Planned and approached as a job.

Porn & the law

censorship of porn has existed in different periods of history -today, law is governed by Supreme Court's decision in 1973 case "Miller vs CA" -No 1st amendment protection for porn -allows states to restrict pornography in significant ways but only under certain conditions -law is difficult to interpret&apply --general abandonment of efforts to restrict print and internet porn except for material involving minors

• Borderline Personality Disorder is

characterized by a pervasive pattern of instability, more evident in relationships, mood, and sense of identity

Endogenous

chemicals produced in the body that naturally change our moods and actions

Any use, producing, looking, selling, or distributing is illegal throughout the world

child pornography

Adultery under model penal code

chose not to include any such statute and most states have eliminated their adultery statutes, although there are some still in existence, and the few still in existence often require "open and notorious" or "continuous" relationships as part of the actus reus.

2 types of racketeering schemes:

closed-end open-end Typically, P has to prove several acts of racketeering which occur over a significant/substantial period of time.

Molotov cocktails

cloth in a bottle with accelerate, can find fingerprings

what security measure is on $10 and higher?

color shifting ink

joyrides: car theft for fun

committed by groups of teens for fun expressive act with little/no extrinsic value most vehicles recovered, usually abandoned, often after crash

checks, certificates, wills

commonly questioned and analyzed documents

Forensic Information System for Handwriting

computerized handwriting database used and maintained by the Secret Service

Opium Wars

conflict between Britain and China in 1839 over the Opium trade

morphing

congress heard testimony regarding morphing pornographers would download photographs of children from magazines and them transform them into sexual pictures

Affinity

connection existing through marriage, between each of the married persons and the kindred of the other (stepdaughter, stepson, etc)

Possession of contraband

contraband = controlled substances, stolen property, child pornography Possession = control for a period of time long enough to have opportunity to terminate possession mental state - knowledge BOTH of the possession and the character of the item possessed

FATF

coordinates international response to "underground economy"

Social Disorganization

correlation between drug abuse and young minority groups linked to poverty-racial prejudice, low socio-economic status, lack of positive esteem, high levels of mistrust.

excitement

craves excitement and the desire is satisfied by setting a fire. Rarely intend to harm others. Thrill seekers, "hero", sexual deviants. Alone, dumpsters, construction, lumber, etc. Want a good vantage point. Time delay device, porn or sperm at the scene, drug history, keep clippings and videos of event.

Cultural transmission

crime being accurate environmental factors in cultures living in urban settings.

mens rea for robbery

d must have the mens rea for theft. he must also intend to use force to steal.

false pretenses

deceiving others into giving up ownership of property.

• Marijuana has the most -WHAT-, it also is the drug with the greatest -WHAT-?

decentralized market, it also is the drug with the greatest trafficked weight

Mens rea

defendant must intent to sale possess or distribute obscene materials

Drug abuse

deliberate misuse of drugs for purposes other than medical ones, leads to social, economic, psychological or legal problems

D

deposit counterfeit notes or forged instruments

Designer Drugs

designer drugs are drugs produced by a minor modification in the chemical structure of an existing drug, resulting in a new substance with similar pharmacological effects. Higher intensity

Revenge

desire to retaliate for a perceived injustice, real or imagined it may be well planned or one time. interracial event, varies on gender, against society or a person.

sophisticated accelerants

diesel/kerosene or alcohol (water soluble)

Wavelengths

different inks absorb or reflect different _____ of light

larceny theft

does not involve force or other means of illegal entry, less frightening than burglary most frequently occurring property offense Theft from motor vehicles is largest pickpocketing and purse snatching rarest

Binge drinking

drinking five or more alcoholic drinks at one sitting for men, 4 for women

Demographics Theory

early man had to breed out b/c of shortage of offspring since the inbreeding led to genetic defects (short life spans, small number reach maturity, etc)

costs of burglary

economic loss very common property/money stolen time lost from work property crimes have greater effect on the decision to move than violent crimes

Organized arsonist

elaborate incendiary devices less physical evidence methodical aproach, multiple sets, excessive accelerant, specialized accelerants, trailers

force or fear

element of robbery

Liberal

encourages sexual exploration, free expression, harmless outlet for fantasies (fewer sex crimes when porn consumption increases)

BURGLARY IN THE THIRD (3RD) DEGREE

entering, or remaining unlawfully in or on, A NON-RESIDENTIAL STRUCTURE or in a FENCED COMMERCIAL OR RESIDENTIAL YARD with the intent to commit ANY THEFT

burglary

enters a building or part of a building as a trespasser with intent to steal, inflict gbh, do unlawful damage. having entered a building or part of building as a trespasser, steals or attempts to steal, inflicts or attempts to inflict gbh.

s9(1)(a) Theft Act 1968

enters into a building as a trespasser, knowingly or recklessly, with the intent to commit an offence (stealing, GBH, unlawful damage)

Incest vs Rape

entirely different crimes; thus a man who has sex with his daughter can be convicted of both crimes. Incest is not a lesser included offense of rape. In most jurisdictions consent is irrelevant in the commission of the crime of incest

Constructive breaking

entry by means of threat, fraud, or trickery

Constructive Breaking

entry by means of threats, violence, or trickery

Breaking

entry can be by an instrument - breaking requires only some force to create an opening - burglary can be committed by entering a part of a dwelling (going from room to room) - breaking not committed by entering a thing within a dwelling

Collins [1973]

entry must be effective and substantial with knowledge or recklessness as to being a trespasser, consent of the property owner is not required, consent of of daughter was sufficient to quash conviction

Entering

entry of a building by a part of the body, defendant may also use a tool that will accomplish the felony, not just the breaking, without the entry of the defendant's body

Common law entering

entry of a building by part of the body or a tool intended to commit a felony

Statutory entering

entry of a building by part of the body or a tool intended to commit a felony, trespassory

Burglary under Section 9 (1)(a) Actus reus Trespass means

entry without consent and a person who has authority to enter the land for a particular purpose will become a trespasser if they enter it for some other purpose

Elements of Burglary

entry; by breaking; of the dwelling of someone else; during the night; and with the intent to commit a felony inside the structure (dwelling = sleeping place)

Higher up on the food chain, Get paid more than streetwalkers, higher status clients

escorts/call girls

child pornography

even though an image may not be considered obscene if it was of an adult, it is child pornography if the image necessarily harms a child

The SOL "clock" for the civil claim starts ticking on the date on which the criminal conviction becomes final. How might this make things easier for P in a civil suit?

every element in the criminal case has to be proven beyond a reasonable doubt, therefore it's easier to prove in a civil suit

search warning suggestions

evidence of incendiary devices accelerates from scene matching suspect Molotov coctail

Burglary - Modern

expand places covered - eliminate need for breaking - eliminate requirement that entry be in the nighttime - expand intent

Statutory dwelling of another

expanded to include many buildings and even vehicles

What is the overall purpose of the US patriot Act

expands criminal offenses relating to terrorism, streamlines procedures for domestic electronic intercepts of terrorist information and permits more sharing of information between intelligence and law enforcement communities

Incest statutes are...?

fairly consistent in holding that marriage or sexual relations between father and daughter, mother and son, brother and sister, uncle and nice, and aunt and nephew, are prohibited

obsequious

fawning and servile

definition of robbery

felonious taking of another's property

History of cannabis

first referenced in India, hemp in Chile and later to Virginia. Hash houses modeled after opium dens.

immediately before or at the time of the theft

for the robbery, theft has been held to be a continuing act. using force to escape can still be at the time of the theft.

R v Lockley

forced used in order to escape will constitute robbery

categories of burglary

forcible entry (most common) attempted forcible entry unlawful entry without force

what is the difference between forgery and fraudulence

forgery is production, alteration of falsification of signature with intent to deceive another. Fraud is material gain from forgery

hospitality

friendly and generous treatment and entertainment of guests For example: You visit a foreign country to discuss a new contract. They pay for a 5-star hotel and your expenses.

• The majority of drugs brought into the US originate

from Latin America

gambling

games of chance

accelerants

gasoline, lighter fluid, mixtures like gasoline and kerosene

bribery

giving a public official money or property for a favor in return

Illegal drug

government regards these as having no medical utility and high potential for abuse, these drugs cannot be legally purchased or any reason

Common law dwelling of another

habitation, including curtilage

1930s

handwriting analysis played role in Bruno Richard Hauptmann's trial for murder of son of Charles Lindbergh

Schedule 3

have acceptable medical uses and a potential for abuse or dependence that is less than schedule 2 drugs (Vicodin, Anabolic steroids)

Schedule 2

have acceptable medical uses but also have a high potential for abuse or physical or psychological dependency (Methamphetamine, cocaine)

Schedule 4

have acceptable medical uses with limited risk of abuse or dependence (Ativan,Valium)

fire marshals

have law enforcement powers for fire-related incidents

Schedule 5

have medical acceptable uses with minimal risk for abuse or dependence (Robitussin, Brown Mixture)

Basic problem with illegally obtained funds

having possession of them may result in detection of the crime that was committed to obtain them (or for that matter other crimes)

What does bigamy mean?

having two wives or husbands at the same time

What is the bottom line behind Al Capone

he didn't effectively hid the illegal proceeds he had obtained (some say that between 1925 and 1930 he was making about $100 per year)

name three examples of documents that are counterfeited

historical document/letter, celebrity autograph

What drugs are commonly counterfeited in developed countries?

hormones, corticosteroids, analgesics, cholesterol-lowering drugs, cancer treatments, gastrointestinal agents, antihistamines, and "life-style" drugs

12

how many categories of exemplars?

3rd largest crime in USA

human trafficking

Indifference and Revulsion Theory

humans are indifferent in relationships within the family or are revolted by it, not studied much

Male Escorts

hustlers -only kind of prostitute that women typically use -male escorts paid by women are called gigolos (not common in the U.S.) -well accepted tradition in Europe (and now in parts of Africa)

Elements of False Pretenses

i. A false representation of a ii. material present or past fact iii. which causes the person to whom the false representation is made iv. to pass title to v. his property to the misrepresenter, who vi. knows that his representation is false, and intends to defraud.

Elements of Embezzlement

i. A fraudulent ii. conversion of iii. the property iv. of another v. by one who is already in lawful possession of it. • This is often argued as an alternative to larceny.

Perpetrators of violence against prostitutes

i. Customers/tricks ii. Intimate partners iii. Pimps iv. Police

Reasons for becoming a prostitute

i. Economic survival ii. Emotional neediness iii. Peer pressure iv. Hx of sexual abuse v. Dysfunctional family history vi. Drug addiction

Gender and Prostitution

i. Most male prostitutes are heterosexual ii. Male on male prostitution may involve sexual orientation confusion iii. Women and transgendered prostitutes are more likely to experience physical assaults and rapes than males

Myths about prostitution

i. Natural expression of sexual needs ii. Victimless crimes iii. Youth freely choose to join iv. Exciting and glamorous life v. System offers wealth vi. Power and control over the system vii. Prevent sexual crimes viii. Specific to certain socioeconomic groups ix. Informed choice to become prostitute

Trafficking victim protection reauthorization act of 2013

i. Passed as an amendment of the violence against women act 1. Clinton (original) ii. Establishes/strengthens programs to ensure that US citizens do not purchase products made by victims of human trafficking, and to prevent child marriage iii. Puts into place emergency response provisions within the state department to respond quickly to disaster areas and crisis where people are particularly susceptible to being trafficked iv. Strengthened collaboration with state and local law enforcement to ease charging and prosecuting traffickers.

Elements of Receiving Stolen Property

i. Receive ii. stolen property iii. with knowledge that it has been stolen, AND iv. with intent to deprive the owner.

Forms of Slavery

i. Sexually exploited ii. Dehumanized iii. Treated as property iv. Bought and sold v. Moved from place to place with consent vi. Controlled with physical violence vii. Economically controlled

Burglary: Elements

i. The breaking and entering of ii. the dwelling of another iii. at night iv. with the intent to commit a felony therein.

Related Terms

i. The game/life iii. Ho/working girl iv. John v. Madame vi. Circuit vii. Pimp/ Daddy ix. Tracker- gets the customer x. Square- new customer xi. Quota- # per night xii. Seasoning- training them into it

Effects of prostitution

i. health issues ii. criminal repercussions iii. psychological problems

Profile of a prostitute

i.Abusive/disorganized/dysfunctional family ii. Runaway iii. Vulnerable iv. Naïve v. Lonely vi. Rebellious vii. Homeless

as a trespasser

if d has permission he is not a trespasser. if d goes beyond permission then he can be a trespasser.

BURGLARY IN THE FIRST (1ST) DEGREE

if he/she OR AN ACCOMPLICE commits any burglary and knowingly possesses any EXPLOSIVES, A DEADLY WEAPON OR DANGEROUS INSTRUMENT in the course of com-mitting any theft or any felony.

SHOPLIFTING

if, while in an establishment in which merchandise is displayed for sale, such person knowingly obtains such goods of another with the intent to deprive him/her of such goods by:

UNLAWFUL USE OF MEANS OF TRANSPORTATION

if, without intent permanently to deprive such person either:

THEFT

if, without lawful authority, such person knowingly: 1. Controls the property of another with the intent to deprive him/her of such property.

match fixing

illegally agreeing what the score of a sports match will be before the match happens (noun)

child porn continued

in 1996 congress changed course in its efforts to combat child pornography when it passed a law that targeted so called virtual child pornography- or computer generated images of children engaging in explicit sexual conduct

Privacy Theory

in order for individual to develop, they need a certain amount of privacy, incest taboo allows for this

Bailor

in possession of the contents of the packages, at least by the time of the misappropriation

stowell

in the case of privileged entry, intent to commit a crime is not enough to satisfy b/e requirement for burglary

• About half of all inmates are ...?

incarcerated due to drug offenses

Family Theory

incest taboo holds the family intact so there is no competition within the family between the son and father, controls disruption of sexual conflicts

(arson) Dwelling House of Another

includes a building in possession of someone other than the defendant where someone lives or sleeps on a regular basis. It is also any structure large enough for an adult person to stand in and is within the curtilage of such a dwelling house.

burglary

includes dwelling, structures, and stores. Day or night. Doesn't have to be other's property. Includes entering and remaining unlawfully. Intent to break, enter, or remain and intent to commit crime once inside.

Arson stats

increase on halloween and the fourth of July majority are male 75% are white, 23% black, 2% other 64% under the age 25 44% under the age 18 Occur in urban areas and are moving to rural areas

• The number of inmates that have incarcerated between 1980 and 2010 has ...

increased

• Criminalizing drugs ...

increases their price

residential burglary

independent of race, the highest and lowest income houses have the highest victimization rate High income- because they have value Low income- easier to get access

Naked Eye

initial comparisons are done with _____

sycophant

insincere, obsequious flatterer

arson

intentional burning of building, vehicle, etc. Doesn't have to be other's property, crime against possession and occupation, not just ownership.

prurient interest

interest that tends to excite lust or lewd behavior

Who holds the complete library of the composition of all pens?

international ink library

ACLU v. Reno

internet more like a library or shopping mall, not broad cast medium; indecency not subject to federal regulation, but obscenity is

Example of integration

invest in real estate, luxuary assets, or business ventures or

I

involve transferring amount abroad

most common arson

involving structure and most likely juveniles than any other crimes

what type of pain can be used to detect counterfeit currency

iodine pen

What are tax havens?

is a country which provides a no-tax or low-tax environment

Money Laundering

is a magic trick for wealth creation

Money Laundering

is a process by which large amount of illegally obtained money are given the appearance of having originated from a legitimate source

(larceny) Good Faith Claim of Right

is a valid defense to larceny.

Smurfins

is dividing into smaller amounts, often to avoid bank or another institution filing a "CTR"-cash transaction report

Role of alcohol in episodes of violence

is one of the most robust and empirically grounded generalization in criminological literature

pornography

is sexual material protected by the first amendment and its sale possession and distribution may not be punished as a crime.

obscene material

is sexual material that falls outside the protections of the first amedment and its sale possession and distribution may be punished as a crime

Breaking (cl burglary)

is the creation or widening of an aperture, however slight.

Money Laundering

is the processing of criminal proceeds to disguise their illegal origin

Larceny--lost property?

it will be larceny if at the time of the fining the finder knows the owner or believes that he can locate the owner & finder possesses the necessary intent to permanently deprive

Modus Operandi

learned behavior used to perpetrate an offense successfully methods a perp uses to commit a crime that are modified over time to become more efficient and leave less evidence

Limitations of CL Larceny

limited to thefts of tangible personal property

Climate of Drug abuse

low wages, availability, education

Street prostitution

lowest ranked, lowest prices associated with lifetime of social degradation risk of being beaten or raped most come from poor and disadvantaged backgrounds minorities are over-represented majority are mothers female and trans tend to be in their late 20s, males tend to be younger often don't use condoms only minority licit clients on the streets

watermark

made by manufacturers to indicate company and where the paper was sold

Blind forgery

made without a model of the signature

Larceny--Breaking Bulk

mail man has custody of package, but does not have custody of what's in it, he opens it then he is committing larceny

How does the USA patriot act affect a fraud auditing course?

mainly on financial side-suspicious activity reporting impacts money laundering

The U.S. Patriot Act does what in regards to shell banks

make it illegal for US financial institutions to deal with shell banks

What does the laundry mat do for the crook

makes it appear to be from a legitimate source

Common law breaking

making a physical opening by trespass

Breaking

making a physical opening by trespass into a building or part of a building.

forgery

making, altering, or falsifying a person's signature or any other aspect of a document with the intent to deceive another

Most likely to spread STI's

male prostitutes

Client characteristics

male, married, middle to upper class, educated, heterosexual

Elements of Arson

malicious; burning; of another's dwelling

Under federal law,

marijuana is a Schedule I drug and may not be used for any purposes whatsoever (except extremely rarely granted

As a general rule for incest under modern statutes, to convict a person of incest, the prosecution must show

marriage or sexual intercourse, knowledge of the special relationship, existence of one of the relationships specified in the statute

pornography

material that display sexual activities but is protected by the first amendment and may not be prosecuted

Obscenity

material that is disgusting to the sense and appeals to "prurient interest"; child pornogrpahy, explicit sex acts; NOT protected by the 1st Am

Disorganized arsonist

materials on hand more physical evidence left behind

Inbreeding Theory

mating in kin is bad, results in genetic problems, how did human kind know about this in the past without the same technology and knowledge, bad dreams

What does "associated in fact" mean?

may be a tightly knit group of individuals, or a group of corporations, or a group that includes both individuals and legal entities. (probably referring mainly to the mafia)

Statutory breaking

may be eliminated. Trespassory

(larceny) Carrying Away

means asportation; any slight movement suffices.

(larceny) Taking

means caption; acquisition of dominion and control.

(arson) Malice

means that the burning must be intentional or extremely reckless.

(arson) Intent

means that the defendant acted for the purpose of bringing about the burning.

(arson) Reckless

means the defendant's conduct was substantially certain to bring about the burning.

Night (cl burglary)

means the period after sundown and before sunrise when it is too dark to recognize another's face.

(larceny) Of Another

means the property must be taken from the possession of another.

(larceny) Trespassory

means the taking is without possessor's consent.

(arson) Burning

means to consume with fire. There must be charring of the structure but there does not need to be a total destruction of the building or even considerable damage.

(larceny) Intent

means to permanently deprive the possessor of his personal property.

interviews have revealed that burglars prefer:

middle to upper class homes

Typical characteristics of OFC banks

minimal capital requirements for banks and ownership can be placed in hands of nominee directors

use later in life

more aware of other people's lifestyles

Social ecology of burglary

more common in large metropolitan areas, southern region of us lifestyle and routine activities theories explain variations in burglary over time

Larceny--Possession of Another

more than "custody" you have to to have control and authority -- employees

Burglars on Burglary

most do it for $, spend on shelter, food, drugs Watch victims to see if they can proceed (having dog and alarm systems are good) Women usually introduced by bfs, men introduced by male friends (women steal for needs/providing,men for own needs)

Escort Services

most prevalent form of prostitution in the U.S. form of off-street prostitution that is not tied to a specific service location escorts advertise their services in variety of media escort may go to client (outcall) or client goes to escort's location (incall) generally expected to be better looking and more presentable than street prostitutes charge more for services

Professional auto thieves

most serious and costly form of auto theft less common than thefts for other uses planning and calculation involved in target selection lowest auto recovery rates minority problem in theft

(larceny) Personal Property

must be tangible, moveable, and have some value, however slight.

Intent (cl burglary)

must be to specifically commit a felony therein.

Social and Cultural systems theory

must have contacts beyond the family, but the person would rather mate within the family, but for human society must not do this

building or part of building

must have some permanence. includes inhabited vechile or vessel. can be entry of part of a building.

Classification of Fires

natural accidental incendiary unknown origin suspicious

Endorphins

naturally produced by the body to act as a pain reliever. Closely resemble heroin.

Socialization Theory

need to control erotic impulses in children for the child to be socialized into society, taboo directs impulse outside of family

Harm Reduction: example

needle exchange program

Larceny--trespass element

no consent to the taking; no right or license to take it

What are the three categories of tax havens

no tax, no tax on foreign income, low tax and special tax

Did the government every convict Al Capone for illegal gambiling, prostitution and alcohol

no the government convicted him in 1931 of tax evation

Drug courts offer ...

nonviolent offenders the option of seeking treatment instead of incarceration

walker

not a burglary if a tool is used to aid entry but D doesnt cross threshold. if the tool used to aid entry is also used to commit the crime intended then it is a Burglary

neff

not a burglary if it takes place in an outhouse not adjoining the dwelling house

woods

not a burglary if no occupants have ever lived in the house

haynes

not a burglary if occupants have permanently moved out

Incest under common law

not a crime at common law, but it was punishable as an offense in the ecclesiastical courts in England. In the US, incest is a statutory crime, the object of which is to prohibit sexual intercourse between those within certain degrees of relationships

Schedule 1

not accepted for medical use because of their high potential for abuse (Marijuana, LSD)

Legal drugs

not included in the Controlled Substances Act because the government does not consider them to be drugs, they are available to anyone of a certain age, rules and regulations stipulate the conditions of sale and consumption and where they can be consumed

• Substance abuse is defined as the maladaptive pattern of substance use occurring within a 12-month period that leads to significant impairment or distress as evidenced by one or more of the following

o 1) Failure to meet obligations o 2) Use of substances in physically hazardous situations o 3) Legal problems o 4) Interpersonal problems

Three models of the relationship between drugs and crime...

o Enslavement model o Predisposition model o Intensification model o Common belief is that the intensification model best explains drug/crime connection

Three models of the relationship between drug and violence...

o Psychopharmacological model o Economic-Compulsive Model o Systemic Model o The systemic model adequately explains the connection

• Three models of drug trafficking

o Pure Agricultural Model o Pure Chemical Model o Mixed Model

Obscenity Vs pornography

obscenity and pornography are often used interchangeably but the law views them very differently

Why do money laundering (and other) schemes often use OFC's (3 reasons)

obscure the identity of beneficial owners (persons who get benefits of assets, regardless of who owner is), less strict overall regulation, makes home-country tax evasion more difficult to detect

Entering (cl burglary)

occurs when any part of the defendant's body crosses the plane of the building.

opportunist robber

offender who will commit all type of larceny offences

public morals offenses

offenses that offend the community's morals, normally including obscenity, prostitution, gambling, and public corruption. Prohibited because they violate our traditional values and thus affect "public morals."

Typical characteristics of OFC banks

often few disclosure requirements

Typical characteristics of OFC banks

often free exchange and interest rate restrictions

Prostitution prevalence

on the decline, much less prevalent -attributed to willingness of unmarried to have sex with men main incentive for women to work as prostitutes no longer exists as employment opportunities have expanded

Simulated forgery

one made by copying a signature

Traced forgery

one made by tracing a signature

What types of injuries qualify under RICO?

one to business or to property not personal injury, physical pain, mental distress, and other injuries derived from those are not compensable under RICO

Bigamist

one who

What does "continuous" mean?

ongoing,fixed, not spontaneous, not any specific period of time the longer the better for this element

Adultery under common law

only the woman needed to be married because it was, in essence, an issue of property (of the woman) and inheritance (since parentage would be in question)

if different inks are used in obliteration, what method can reveal the wiped out portion of the document?

paper and liquid chromatography

• Controlled Substances Act

passed in 1970, the federal Comprehensive Drug Abuse Prevention and Controlled Substances Act increased funding for the Public Health Services hospitals; authorized the National Commission on Marihuana and Drug Abuse, a detailed, wide-ranging study of drug use; and established penalties for the possession and sale of drug categories or schedules based, supposedly, on a drug's potential for abuse and medical utility, as deemed by the federal government

Katrensky (1975)

passing a note containing an explicit or implicit threat of violence for failure to hand over property- not robbery but IS blackmail

embezzlement

person entrusted with another's property uses it for personal gain (converting)

Prostitute

person who engages in sex for money

Document Expert

person who scientifically analyzes handwriting

3 methods of obliteration

physically erasing scraping the ink off paper using chemical to remove ink

Chromatography

physically separating the components of ink

Example of integration

place in cash sales of a legitimate company that launderer one way or another control

What is the riskiest stage of money laundering

placement

3 possible stages of money laundering

placement, layering and integration

Radical feminists

porn promotes physical/sexual violence or other forms of harm against women

Pornography

porn refers to depictions of people or behaviors (in any medium) that are intended to be sexually arousing -$13 billion industry in the U.S.

• Consuming alcohol is

positively correlated with an increase in violent behavior

Criminal RICO

potential punishment: -fines -prison -forfeiture of illicit gains

• In order for drug use to take place, both ...

predisposition and availability are necessary, but neither are sufficient on their own

when in analysis is complete, what, might analysis have to do to show the collected/requested exemplars and question document have the same author?

prepare a written report to present to jury. expert is called upon as witness

Mens Rea requires knowledge that...........and intends to..........

pretence is false; deceive

Decriminalization

probably will get a fine, will NOT go to jail

professional vs. amateur bank robbery

professional: multiple offenders -aggressive, loud verbal demands -hits multiple teller lanes -large amounts stolen -opening time when less customers are there amateur: -single offender -note passed to teller -single teller lane -targets when a lot of customers are present in mid-day

extortion

prohibits officials from collecting money from citizens in return for the officials performing their public duties.

Religious conservatives

promotes general moral decay; undermines traditional social institutions

Before one can be convicted of the offense of bigamy

proof must be offered to show that the person went through the form of a subsequent marriage. Such marriage, of course, is void; nevertheless, evidence must be introduced to show that the marriage ceremony was performed

devadasis

prostitutes in india who enjoyed a high social standing

Blood Alcohol Concentration

ratio of alcohol in a persons blood to the persons total volume of blood and is expressed as a percent

Biometric Pad

recognizes signature based on speed, pressure, and rhythm

Security feature

red and blue fibers

Sex trader

refers to anyone who exchanges sex for money, drugs etc

Vice Crimes

refers to criminal activity that is against the public order or public morality. Vice includes activities such as prostitution, gambling, pornography, the illegal sale of alcoholic beverages, and the trafficking in drugs and narcotics.

Frank Abagnale

reformed master forger who currently works for the FBI

Legalization

regulated by the government

Brown [1985]

rejected the substantial element of entry and held that an effective entry was sufficient for the offence

What is the purpose of placement

relieves holder of the physical bulk of cash and breaks up larger sums into smaller amounts and placed into system in one place

Civil RICO

remedies include: -treble damages -attorneys fees -costs

transaction in which

remember as BULL CAP

Anti Money Laundering Majors

remember as I AM USA

Customer who

remember as SqUID

Obliteration

removal of writing by physical or chemical means

reports on burglary

reported by frequency and by the value of the property stolen and recovered

Burning

requires some physical damage; by fire (not smoke or heat); and to a part of the structure itself - awareness of a high risk is enough to make burning malicious - some part of the structure must be damaged by fire

Integration

return of funds to a legitimate economy for later extraction

presence of another

robber taking something from the victim. the victim does not have to be holding said item, so long as it's in their control

difference between robbery and extortion

robbery is immediate physical harm, extortion is future harm

crime concealment

secondary crime to hide primary crime depends on the nature of concealment -murder dna torch -burglary -autotheft -records

The UPA: suspicious activity reporting requirement for

security broker/dealers, mutual funds, money service businesses and currency exchanges

why chosen?

seen sister wives before didn't know much about it

Layering

series of transactions designed either to convert the funds to another form or to move them to another location

What is an example of layering

several purchases and sales of investment instruments(stock)

Erotica

sexually explicit work expressing physical desire, passion, and attraction among people who freely choose to engage in sexual activities together typically literature or art tends to be more sensual, romantic, seductive, and CONSENTUAL

Obscene

sexually explicit works that meet specific legal criteria that may be censored and declared illegal

Letter Form

shape, curve, slant, angle, and proportional size of letters

is robbery a general intent crime or a specific intent crime?

since robbery is built on larceny, a defendant must have the SPECIFIC INTENT to permanently deprive another of the other's personal property.

I many ways money laundering is the opposite of what

skimming funds

What is an example of new layering methods

smart cards, on-line banking, electronic cash (which can also become involved in the other stages)

Line Form

smoothness of letters and darkness of lines on upward and downward strokes

prostitution

solicitation of, or act of, engaging in commercialized sex, including deviate sex

Chemically sensitive paper, Large font size,

some examples for preventing check forgery

Portrait stands out and appears raised off the paper, Contains clear red and blue fibers woven throughout,The security thread is evident—a thin embedded vertical strip

some examples of security features used in currency to prevent forgery

a bribe

something given or offered in return for some, often dishonest, help For example: You want to build an extension to your house, but you need permission from the council. You give money to one of the local councillors to make su you get permission.

a reward

something given or received for doing something good For example: Your sales manager increases your business by 200% in a year. You give him a BMW.

a gift

something given willingly without payment For example: Your boss is retiring. The employees give her some beautiful gold earrings at her leaving party.

Formatting

space between letters, words, lines, placement of words on a line, and margins a writer leaves empty

Exemplar

standard document of known origin and authorship used in handwriting analysis

revenge crime scene

started at an area of personal significance accelerates on hand excessive acceleratnt

What are treble damages?

statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff. Treble damages are a multiple of, and not an addition to, actual damages.

how does this pen work

stays yellowish on the real, black on fake

Hierarchy of prostitution

street prostitution massage parlors and strip joints escort services

Types of Prostitution

streetwalkers, Call girls/escorts, brothel workers, male prostitutes

Dupree

taking action to ensure that an entrance to a dwelling is unsecured for a later entry constitutes the breaking requirement

carjacking

taking of a motor vehicle by force or threat of force

larceny

taking, synonymous with theft.

Property

tangible or intangible personal property

Victimology

target property Motive is the impulse targeted property may be random, specific, or opportunistic

victimology; at the scene

targeted property Modus Operandi Indicators- learned behavior as the crimes continue Forensic findings

Hustler

term often used to describe male prostitution

Multiple studies of treatment programs show ...

that they have a failure rate of 70 to 90% depending on the criteria used

lascivious

that which is obscene or lewd or tends to cause lust

influence

the ability to obtain favourable treatment from someone For example: You use your friendship with a member of the government to make sure you get a particular government contract.

Corcoran v Anderson

the accused wrenched a handbag out of the victim's hands, but dropped when making off. The robbery is still complete because there is an appropriation. May be attempt charge

Soliciting Prostitution

the act of asking, enticing, or requesting another to commit the crime of prostitution

Pandering

the act of soliciting a person to perform an act of prostitution

actus reus

the actual sale possession or distribution of the obscene material

corrupt

the adjective from corruption

educated

the adjective from education

political

the adjective to describe things related to politics

Intensification model

the argument that drug addiction accelerates but does not generate money-making criminal behavior, and that the predisposition to engage in both compulsive drug use and criminal behavior explains part but not all of the connection between the two

Common Law Burglary

the breaking and entering the dwelling of another during the nighttime with the intent to commit a felony

construction

the building profession (noun)

Polydrug use

the concurrent use of multiple drugs

o The systemic model adequately explains...

the connection

burglary

the crime of breaking and entering into a structure for the purpose of committing a crime

bigamy

the crime of marrying one person while still legally married to another person

False Pretenses

the defendant made a false pretense or representation with intent to defraud the owner of his property, and that the owner was in fact defrauded

Tolerance

the diminishing effect with regular use of the same dose of a drug, requiring the user to take larger and larger doses before experiencing the drug's effect

A general rule on affinity

the divorce or death of the blood relative through whom the relationship was created

phillips

the drive up teller mechanism is connected to the inside of the bank, entry into this satisfies entry for purposes of burglary of the bank

• There is not a specific race/ethnic group that controls ...

the drug market

Demand Elasticity

the extent to which a change in use causes a change in the price

on any person

the force can be against any person. it does not have to be against the victim of the theft.

in order to steal

the force must be in order to steal. force used for another purpose does not become robbery if d later decides to steal.

What is the ideal for integration in regards to the launderer

the funds no longer appear connected to criminal activity

Placement

the initial entry point into the financial system

Arson defition

the intentional and malicious burning of property

Define incest

the intermarriage, or sexual relations without marriage, between a man and woman related to each other in any of the degrees of consanguinity or affinity within which marriage is prohibited

force or threat of force

the jury decides whether the acts were force, using the ordinary meaning of the word. this includeswrenching a bag from v's hand.

border

the line where two countries meet (noun)

The UPA requires

the listed organizations to develop and implement anti-money laundering complican programs

arson

the malicious, willful burning of a building or property

Elements to Obscenity

the matter in question is obscene. The defendant must have knowledge of its obscenity.

The video's "investment swindles and making crime pay talk about what

the need to convert or "launder" stolen funds

What is polygamy?

the offense of having a plurality of husbands or wives

Withdrawal

the physical discomfort and distress that follow discontinuing the use of an addictive drug

Counterfeiting

the production of an imitation of currency, works of art, documents, etc. for the purpose of deception

politics

the profession devoted to governing and to political affairs

In order for a person to be convicted of the crime of bigamy

the state must prove a valid marriage entered into by the accused before the alleged bigamous marriage. If the defense can show that the prior marriage was invalid for one reason or another, there can be no conviction

Polygamy

the state of having more than one wife or husband at the same time

Burglary

the unlawful entry of a structure to commit a felony or a theft, use of force not required

robbery

theft of property from a person by use of force or fear taking and carrying away through the use of fear or force and an intent to permanently deprive. Theft and assault.

Motor vehicle theft

theft or attempted theft of a motor vehicle cars are most commonly stolen type of vehicle highly reported crime, especially completed thefts Largest % stolen from parking lot or garage signigcat % stolen at or near residence of victim

• Drugs and crime relationship: statistical correlation between using drugs and being a victim of crime

there is a positive statistical correlation between using drugs and being a victim of crime

hebron

there is an entry when any part of the defendant's person passes the threshold

davis

there is no constructive break if the D's entry to the dwelling is not obtained by threat of violence, fraud, or conspiracy

entry

this has changed from effective and substantial entry to effective entry to evidience for the jury to find d had entered.

"Breaking" element of burglary: what if D uses a key to gain AUTHORIZED entry?

this is not a breaking.

"Breaking" element of burglary: what if D opens an unlocked door with no force

this still SATISFIES the "breaking" element. No force is necessary, as long is the opening is done without the owner's authorization

addict robber

those who rob to support drug or alcohol habit (can be sloppy)

Skivington [1968]

threatens wage clerk and demands money owed to wife, not robbery because there is no theft

incendiary devices

timing devices, candles, tape, wires, etc

Arson 3

to Intentionally damage a structure or motor vehicle by starting a fire with a SPECIFIC INTENT to damage the structure. That is the D desired to damage the structure.

wipe out

to destory something completely (phrasal verb) For example: The tsunami ____d ____ at least two towns.

deal with

to do what is necessary to solve a problem (phrasal verb)

What is the goal of laying

to hide the source

Systemic Violence refers

to the traditionally agressive patterns of interaction within the system of drug distribution and use

cajole

to urge with repeated appeals, teasing, or flattery

chicanery

trickery

List of Suspicious entries

two categories; transaction and customers

Male prostitutes

typically called "Male Transvestite Prostitutes", almost always have male clients, do the same thing as female prostitutes

Larceny--stealing from a thief

under CL the victim of larceny does not have to be the lawful possessor

incest

unlawful sexual intercourse with a relative through blood or marriage

larceny-theft definition

unlawful taking, carrying leading, or riding away with property from the possession or constructive possession of another

nichols

unlawfully gaining entrance without knowledge or consent of those in charge of the building is enough to constitute a constructive break and satisfy b/e

what might a criminal due to a document to create a literary forgery

use material similar to those in original document

U

use separate teller to conduct large transactions

vandalism

usually associated with malicious mischief or peer pressure. targets schools, residence. Typically have graffiti, spray cans, matches, etc. Disorganized, multiple offenders, one leader, mid teens. Poor school performers, police record.

motive classifications for arsonists

vandalism excitement revenge crime concealment profit extremist

• The drug market has become...

very decentralized over the years

Felonious intent

wanting to commit a felony

Bigamy under common law

was considered an offense of ecclesiastical law with punishment in the hands of the ecclesiastical tribunals rather than the common law courts

Abortion under common law

was not a crime under the common law. In fact, the fetus had virtually no legal protection because it was not defined as a person apart from the mother

What if you have a client that does not cooperate with money laundering investigations and/ or a country that is a historic tax haven

we would want to give the transactions a goods look

The question on obscenity

what separates obscene materials from other materials that might be offensive to some people

Fraudulence

when a financial gain accompanies a forgery

Larceny By Trick

when consent to the taking is given but only because it was induced by a misrepresentation

Common law nighttime

when there is insufficient light to see a person's face

Nighttime (Common Law)

when there is insufficient light to see a person's face

The basic guidelines for the trier of fact for the Miller test

whether "the average person, applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest. whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law. whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

• Schizoaffective disorder applies to people ...

who experience either a major depressive episode, a manic episode, or a mixed episode at the same time that they meet the diagnostic criteria for schizophrenia

Arson - Intent

will find malice where failure to be aware of the risk is due to involuntary intoxication

What is traditional legal definition of bigamy?

willfully and knowingly contracting a second marriage where the contracting party knows that the first marriage still exists. In some states, the traditional crime was designated as either bigamy or polygamy.

What is an example of layering

wire funds through a string of accounts around the world to take advantage of bank secrecy laws

Trespass

without consent

Massage parlors and strip joints

working at/out of a fixed commercial location often most readily available location for prostitutes in suburbs frequent target for police raids hand-genital contact is most common service old-fashioned "brothels" are rare in U.S. (except for Nevada)

Larceny--continuing trespass

you take something with intent to borrow, e.g. joyriding, and then you develop the intent to permanently deprive and thereby it evolves into larceny ex: borrow Jen's car and then leave it in the Atlanta and take the plane back--have perm. deprived her of the property

• Cocaine use increases the likelihood of ...

• Cocaine use increases the likelihood of MEN becoming violent • Cocaine use increases the likelihood of WOMEN becoming the victim of violence