chapter 10: criminal law and cyber crimes
what is consent?
a defendant may be relieved of a liability if their criminal act was required to prevent an even greater harm
what is computer crime?
any act directed against computers or that uses computers as an instrumentality of a crime
what is cyber crime?
any criminal activity occurring via computer in the virtual community of the internet
what is burglary?
breaking and entering the dwelling or other building of another with the intent to commit a felony
what are white collar crimes?
crimes occurring in the business context using non-violent means to obtain personal or business advantage
what is the punishment for a capital offense?
death
what is the eighth amendment?
excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted
what is duress?
exist when a wrongful threat induces a person to do something that they would not otherwise do
what is the punishment for a third degree felony?
five years in prison
what is forgery?
fraudulent making or altering of any writing that changes the legal liability of another
what are misdemeanors?
less serious crimes punishable by jail for less than one year and/or by fines
what is the punishment for a first degree felony?
life in prison
what is second degree murder?
no premeditation; but with *malice afterthought*, wanton disregard for the consequences; felony murder
what is a receipt of a stolen good?
receiving stolen goods
what is obtaining goods by false pretenses?
representing as true some fact or circumstance that is not true, with the intent of deceiving and with the result of defrauding an individual into relinquishing property without adequate compensation
what are felonies?
serious crimes, punishable by death or prison for one year or more
what is the punishment for a second degree felony?
ten years in prison
what is robbery?
the taking of another's personal property, from their immediate presence *by force or intimidation*
what is a necessity?
-a defense -a defendant may be relieved of a liability if their criminal act was required to prevent an even greater harm
what is a mistake?
-a mistake of law generally will not operate as a defense -a mistake of fact will operate as a defense if it negates the required mental state
what is needed to be charged with criminal liability?
-a person must typically commit a guilty act (actus reus) -have the guilty mind (mens rea) during commission of the guilty act -strict liability crimes do not require a wrongful mental state to establish criminal liability
what is the felony murder doctrine?
-a rule of criminal statute that any death which occurs during the commission of a felony is first degree murder -all participants in that felony or attempted felony can be charged with and found guilty of murder
what is involuntary manslaughter?
-act of negligence -no intent to kill -no malice afterthought
what is money laundering?
-an alternative to storing illegal cash -done through legitimate means
what is needed for a corporation to be convicted of criminal activity?
-crimes committed by its agents or employees within the course and scope of their employment -failing to perform a specific affirmative duty imposed by law on the corporation
what is entrapment?
-defendant must demonstrate that police induced an otherwise unwilling person to commit a crime -prevents govt from encouraging crimes: must be considered in designed stings
what are some examples of white collar crimes?
-embezzlement -mail/wire fraud (federal) -bribery -bankruptcy fraud (federal) -insider trading (federal) -theft of trade secrets (federal)
what is the exclusionary rule?
-evidence obtained in violation of constitutional amendments is excluded from trial -purpose is to deter police from warrantless searches, seizures, and misconduct -"fruit of the poisonous tree" -- all evidence obtained is also excluded
what are some examples of malice afterthought?
-intent to kill -intent to do serious bodily injury -commission of a felony -depraved heart -*depraved indifference*
what is the racketeer influenced and corrupt organizations act?
-makes it a federal crime to use income obtained from racketeering activity to purchase any interest in any enterprise -acquire or maintain interest in an enterprise through racketeering activity -conduct or participate in the affairs of an enterprise through racketeering activity
what is voluntary manslaughter?
-may have intent to kill but *without* malice afterthought -crime of passion/acted rashly
what is insanity?
-most federal courts and some states use the test in the model penal code: -a person is not responsible for criminal conduct if...as a result of mental disease or defect he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law
what are the characteristics of a criminal crime?
-must be proven *beyond a reasonable doubt* -jail or prison; fines -public
what is organized crime?
-operates illegitimately by providing illegal goods and services -money laundering and rico
what is first degree murder?
-premeditated and deliberate -felony murder
what is immunity?
-to obtain info, state can grant immunity from prosecution -often a grant of immunity is a part of a plea bargain where the defendant can be convicted of a lesser offense
what is involuntary intoxication?
-valid defense if its effect was to make a person either incapable of understanding that the act committed was wrong/incapable of obeying the law -defense if it precludes having the required mental state, but it is not a defense to crimes of recklessness or negligence
can a corporation be liable of a crime?
-yes, a corporate entity may be convicted of a crime -punishment would be fines and/or denial of certain legal privileges
what is larceny?
wrongful or fraudulent taking and carrying away by any person of the personal property of another
what is racketeering activity?
traditionally, obtaining or extorting money illegally or carrying on illegal business activities, usually by organized crime
when can deadly force be used?
when there is a reasonable belief that imminent death or great bodily harm will otherwise result
what is arson?
willful and malicious burning of a building or some other structure, personal property
