Business Law Criminal Law (chapter 10)

worm

a software program capable of reproducing itself that can spread from one computer to the next over a network

search warrant

an order from a judge or other public official authorizing the search or seizure

virus

another form of malware; also able to reproduce itself but must be attached to an "infested" host file to travel from one computer network to another

cyber crime

any criminal activity occurring via a computer in the virtual community of the internet

exclusionary rule

any evidence obtained in violation of the constitutional rights spelled out in the 4th, 5th, and 6th amendments generally is not admissible at trial

information

criminal complaint issued by a government prosecutor

cyber fraud

fraud committed over the internet

white collar crime

involves an illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage

grand jury

its function is to hear the states evidence and to determine whether a reasonable basis exists for believing that a crime has been committed and that a trial ought to be held

misdemeanors

less serious crimes punishable by fines or imprisonment for up to one year

petty offenses

minor violations, such as jaywalking or violations of building codes, considered to be a subset of misdemeanors

identity theft

occurs when the wrongdoer steals a form of identification -- such as a name, date of birth, or social security -- and uses the information to access the victims financial resources

self-incrimination

A guarantee found in the Fifth Amendment against being compelled in any criminal case to be a witness against oneself.

crime

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

necessity

a criminal act was necessary to prevent an even greater harm; criminal defendants can be relieved of liability if this is shown

entrapment

a defense designed to prevent police officers or other government agents from enticing persons to commit crimes in order to later prosecute them for those crimes

indictment

a formal charge or accusation of a serious crime by a grand jury

plea bargaining

a grant of immunity from prosecution for a serious crime

money laundering

Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds.

phishing

An attack that sends an email or displays a Web announcement that falsely claims to be from a legitimate enterprise in an attempt to trick the user into surrendering private information

forgery

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

probable cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

felonies

serious crimes punishable by death or by imprisonment for more than one year

hacker

someone who uses one computer to break into another

malware

term that refers to any program that is harmful t a computer or, by extension, a computer user

self-defense

the defense of one's dwelling, the defense of other property, and the prevention of a crime

robbery

the taking of money, personal property, or any other article of value from a person by means of force or fear -- also a violent crime

larceny

the unlawful taking away of another person's property with the intent never to return it

double jeopardy

trying someone twice for the same criminal offense

embezzlement

when a person who is entrusted with another person's property fraudulently appropriates it

duress

when the wrongful threat of one person induces another person to perform an act that he or she would not otherwise have performed

mens rea

wrongful mental state that is typically required to establish criminal liability