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Criminal Law/Cyber
BUL 3103 Placid Chapter 7
| Term | Definition |
|---|---|
| Crime | Defined as a wrong against society proclaimed in a statute and punishable by a fine and/or imprisonment (or death). |
| Beyond reasonable doubt | Must be unanimous. If the jurors are not fully convinced of the defendants guilt they must find the defendant not guilty. |
| Felonies | Serious crimes punishable by death or by imprisonment for more than a year. |
| Misdemeanors | Less serious crimes, punishable by a fine or by a confinement for up to a year. |
| Petty Offenses | Considered subsets of misdemeanors. Minor violations. ex) Jaywalking or violation of building codes |
| Elements for conviction of a crime | 1) The performance of a prohibited act 2) A specified state of mind, or intent, on the part of actor. |
| Actus Reus | Referred to as a prohibited act in criminal law. |
| Mens Rea | A wrongful mental state. *Also required to establish criminal liability. |
| Criminally reckless | If he or she consciously disregards a substantial and unjustifiable risk. |
| Criminal Negligence | Involves the mental state in which the individual deviates from the standard of care that a reasonable person would use under the same circumstances. Ex) Involuntary manslaughter |
| Violent crime | Crimes against persons, because they cause others to suffer harm or death. ex) Murder, sexual assault, rape, robbery |
| Robbery | Taking of money, personal property, or any other article of value from a person by means of force or fear. Also a violent crime. |
| Property Crime | Most common type of criminal activity, in which the goal of the offender is some form of economic gain or damaging property. |
| Burglary | Breaking and entering the dwelling of another at night with the intent to commit a felony. It's aggravated burglary when a deadly weapon is used. |
| Larceny | The unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession. |
| Arson | the willful and malicious burning of a building owned by another. |
| Forgery | The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another. |
| Victimless crimes | Public drunkenness, prostitution, gambling, and illegal drug use. |
| White Collar Crime | 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. |
| Embezzlement | When a person entrusted with another person's property or funds fraudulently appropriates that property or funds. ex) An employee who steals funds. |
| Duress | When the wrongful threat of one person induces another person to perform an act that he or she otherwise would not have performed. |
| Entrapment | 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. |
| Double Jeopardy | Trying someone twice for the same criminal offense. |
| Exclusionary Rule | Any evidence obtained in violation of the constitutional rights is not admissible at trial, |
| Phishing | The perpetrator "fishes" for financial data or passwords from customers by posing as a legitimate business. |
| Vishing | Phishing which involves voice communication. |
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KAzetapi
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