Term
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Definition
Party who brings suit: he person who suffered harm
Wrongful act: causing harm to a person or to a person's property
Burden of proof: preponderance of the evidence
Verdict: three-fourths majority (typically)
Remedy: damages to compensate for the harm or a decree to achieve an equitable result |
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Term
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Definition
Party who brings suit: the state
Wrongful act: violating a statute that prohibits some type of activity
Burden of proof: beyond a reasonable doubt
Verdict: unanimous (almost always)
Remedy: punishment (fine, imprisonment, or death) |
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Term
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Definition
Felony: serious crime punishable by prison > 1 year
Misdemeanor: less serious crimes punishable by jail < 1 year
*A wrongful act can lead to both civil and criminal consequences |
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Term
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Definition
To be convicted of a crime, the state must prove that the person committed a criminal act (actus reus) or with the required mental state (mens rea) during the act |
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Term
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Definition
Required mental state is listed in statute--
Criminal negligence means defendant failed to use standard of care that reasonable person would use in circumstances
Criminal recklessness means defendant consciously disregarded substantial risk |
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Term
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Definition
Court may impose strict liability when statute says nothing about mental state--only in statutes that affect public health or safety |
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Term
Corporate Criminal Liability |
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Definition
A corporation can be convicted of crime for wrongful acts of its agent--corporation cannot be imprisoned but can be fined or denied legal privileges such as a license |
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Term
Liability of Corporate Entity |
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Definition
Corporation may be guilty of crime if activity is within agent/employee's scope of employment, corporation fails to perform a legally required duty, principal/officer had knowledge of wrongful act and failed to prevent it, or principal/officer authorized activity |
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Liability of Corporate Officers and Directors |
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Definition
Individuals are always personally liable for crimes they commit; officer or director may be liable for crime committed by employees, even if did not know about crime |
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Term
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Definition
Violent crime, property crime, white collar crime |
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Term
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Definition
Theft (larceny) is taking of another's property with intent to permanently deprive owner of possession. |
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Term
Property Crime--Possession of Stolen Property |
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Definition
Possession of stolen property is possession of property with knowledge it is stolen |
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Definition
Making or altering a legal writing in a way that changes another person's legal right or duty--writing can be electronic. Includes falsifying public records, trademarks, counterfeiting |
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Term
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Definition
Non-violent crime in legitimate business world--cost to society of white collar crime is must higher than that of violent crime |
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White Collar Crime--Embezzlement |
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Definition
Theft through deception committed by person entrusted with property of another |
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Term
White Collar Crime--Fraud |
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Definition
Misrepresentation of material fact made with knowledge of its falsity and with intent to deceive, upon which victim relies and suffers injury |
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Term
White Collar Crime--Mail Fraud |
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Definition
Use of mail to commit fraud |
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Term
White Collar Crime--Wire Fraud |
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Definition
Use of interstate wire (TV, radio, Internet) to commit fraud--these are "catch all" charges |
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White Collar Crime--False Statement to Government |
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Definition
Knowingly to make false claim to government official or agency |
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Term
White Collor Crime--qui tam lawsuit |
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Definition
A private party whistleblower can get 25% of damages awarded--powerful tool to prosecute defense-contract, mortgage, health care fraud |
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Term
White Collar Crime--Bribery |
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Definition
Offer or acceptance of something of legal value in attempy to obtain unwarranted favor--public official or commerical; Foreign Corrupt Practices Act |
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White Collar Crime--Insider Trading |
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Definition
Trading a security on basis of material, non-public information |
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Term
White Collor Crime--Theft of Intellectual Property |
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Definition
Such as copyright, patent or trademark infringement may be a crime |
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Term
White Collar Crime--Theft of a Trade Secret |
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Definition
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Term
White Collar Crime--Obstruction of Justice |
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Definition
Destroying or altering evidence when investigation is pending, or tampering with witness or jury during trial |
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Term
White Collar Crime--Honest Services |
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Definition
Violation of honest services statute is to deprive another of right to receive honest services--applies only to bribery cases |
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Term
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Definition
Money laundering is process of hiding the source of money obtained from criminal activities--"dirty" (illegal) money is washed" (passed through legitamate business) in order to appear "clean" (legal) |
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Term
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Definition
RICO is federal statute that imposes civil and/or criminal liability for participation in pattern of racketeering activities (illegal gambling, forgery, bribery, theft, fraud, money laundering, etc.)--defendant may be required to forfeit assets involved in illegal activity |
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Term
Defenses to Criminal Liability |
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Definition
Defendant may argue in defense: justification, lack of required mental state, procedural violation, statute of limitations expired, immunity |
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Term
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Definition
Statute of limitations is time period in which complaint must be filed |
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Criminal Liability--Plea Agreement |
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Definition
Contract between government and defendant whereby defendant pleads guilty to lesser charge and state grants immunity--defendant may agree to testify against co-defendants |
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Term
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Definition
Criminal procedures are designed to protect a person's constitutional rights against the arbitrary use of power by government |
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Constitutional Protections |
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Definition
4th Amendment protects a person against unreasonable search and seizure--warrant for search or arrest must be based on probable cause |
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Term
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Definition
Evidence knowingly obtained in violation of 4th Amendment is excluded from trial--purpose is to deter police from over-reaching |
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Constitutional Protections--5th Amendment |
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Definition
Says no person shall be deprived of "life, liberty, or property without due process of law." Prohibits double jeopardy which means charging someone twice in same court for same crime. Prohibits a person from being forced to testify against himself in a criminal trial |
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Constitutional Protections--6th Amendment |
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Definition
Guarantees a speedy public trial by jury, right to confront witnesses, right to attorney |
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Term
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Definition
At sentencing, judge has discretion to increase penalty for aggravating factors or decrease penalty for mitigating factors |
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Term
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Definition
When defendant is a business entity, aggravating or mitigating factors are: history of past violations, cooperation with investigation, policy/program to prevent violations |
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Term
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Definition
Not a new crime, it just means using computers to commit a crime--regular law applies |
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Term
Cyber Crime--Identity Theft |
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Definition
Theft of a form of identification (name, SSN) to access victim's financial resources or alter legal rights |
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Term
Cyber Crime--Computer Tampering |
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Definition
To access a computer without authorization--federal crime if computer is connected to internet; computer fraud when it is obtaining confidential information without authorization |
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