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Criminal Law/Cyber

BUL 3103 Placid Chapter 7

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.
Created by: KAzetapi