Chapter 10

Mail and Wire Fraud

Occurs when someone engaging in a fraudulent activity uses the telephone, Internet or U.S. Postal Service to discuss, send or receive correspondence to further the fraud.

actus reus

guilty act

mens rea

guilty mind

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

bribery

involves offering to give something of value to a person in an attempt to influence that person in a way that serves a private interest

criminal negligence

involves the mental state in which the defendant takes an unjustified, substantial, and foreseeable risk that results in harm

Defenses to Criminal Liability

justifiable use of force, necessity, insanity, mistake, duress, entrapment, statute of limitations, immunity

Misdemeanor

less serious crimes, punishable by a fine or by confinement for up to a year

petty offenses

minor violations (jaywalking, etc)

botnets

networks of computers that have been appropriated by hackers without the knowledge of their owners

phishing

perpetrator fishes for financial data by posing as a legitimate business, sends an email asking the recipient to update information, phisher can sell it or use that info. to masquerade as that person or to drain their bank account

Computer Fraud and Abuse Act

provides that a person who accesses a computer online, without authority, to obtain classified, restricted, or protected data is subject to criminal prosecution

probable cause

reasonable grounds (for making a search, pressing a charge, etc.).

Aggravated Robbery

robbery with the use of a deadly weapon

Felonies

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

Malware

software that is intended to damage or disable computers and computer systems.

self-incrimination

testifying against oneself

indictment

the act of accusing; a formal accusation

Miranda Rule

the constitutional rights which police must read to a suspect before questioning can occur

Property crime

the goal of the offender is some form of economic gain or the damaging of property

robbery

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

grand theft

the theft of a larger amount of cash or higher-value property

petty theft

the theft of a small quantity of cash or low-value goods

larceny

the unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession

Cyberterrorism

the use of computer and networking technologies against persons or property to intimidate or coerce governments, individuals, or any segment of society to attain political, religious, or ideological goals

embezzlement

theft or misappropriation of funds placed in one's trust or belonging to one's employer.

types of crimes

violent, property, public order, white collar, and organized crime

arson

willful and malicious burning of a building or other personal property

elements to be convicted of a crime

-performance of a prohibited act -a specified state of mind, or intent, on the part of the actor

plea bargaining

A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.

identity theft

A crime that involves someone pretending to be another person in order to steal money or obtain benefits

Economic Espionage Act

A federal statute that makes it a crime for any person to convert a trade secret for his or her own or another's benefit, knowing or intending to cause injury to the owners of the trade secret.

money laundering

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

duress

(n.) compulsion by threat; forcible confinement

Criminal sanctantions

Fine, liberty, probation, community service, pay restitution, death penalty/punish wrongdoer and deter others from doing the same

criminally reckless

When a defendant consciously disregards a substantial and unjustifiable risk

Organized crime

a business supplying illegal goods or services

necessity

a criminal act was necessary to prevent an even greater harm

Act of Commission

a person must do something in order to be accused of a crime

hacker

a person who uses computers to gain unauthorized access to data.

worm

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

M'Naghten test

a test that provides that the defendant is not guilty due to insanity if, at the time of the killing, the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong

Crime

a wrong against society set forth in a statute and punishable by a fine and/or imprisonment

insider trading

an unethical activity in which insiders use private company information to further their own fortunes or those of their family and friends

exclusionary rule

any evidence obtained in violation of the constitutional rights spelled out in the fourth, fifth, and sixth amendments, is not admissible at rial.

Criminal Process

arrest, indictment or information, and trial

Theft

crime of obtaining goods by false pretenses

Violent crimes

crimes against persons, cause others to suffer harm or death

crime by an information

criminal complaint/ issued by a govt. prosecutor

Grand Jury

decides if there is enough evidence to go to trial

burglary

entering a building unlawfully with intent to commit a felony or to steal valuable property

Act of Omission

failure to perform an act required by law

deadly force

force likely to cause death or great bodily harm

non deadly force

force that reasonably appears necessary to prevent the imminent use of criminal force

Public order crimes

Acts, such as public drunkenness and disorderly conduct, that threaten society's well-being and make citizens fearful.

Fruit of the Poisonous Tree Doctrine

Any evidence that is obtained from improper sources, is excluded

computer crime

Any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution.

double jeopardy

Being tried twice for the same crime

publicly traded companies

Company whose stock is traded on a public stock exchange

forgery

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

beyond a reasonable doubt

The level of proof required to convict a person of a crime