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Violation of the law that is punished as an offense against the state or government, or conduct that is prohibited and punished by a government |
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Criminal offense with a sentence of less than one year that is neither treason nor a felony, examples are: weighing goods with uninspected scales or operating without a sales tax license |
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Criminal offense that is punishable by confinement in prison for more than one year or by death, or that is expressly stated by the statue to be a felony More serious crimes that includes serious business crimes such as bribery and embezzlement, which are punishable by confinement in prison under common law for a year or more. Criminal offense that is punishable under common law by confinement in prison for a year or more or that is expressly stated bystatute to be a felony. |
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Federal Sentencing Guidelines |
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Federal standards used by judges in determining mandatory sentence terms for those convicted of federal crimes |
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White-Collar Crime Penalty Act of 2002 |
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Federal reforms passes as a result of the collapses of companies such as Enron; provides for longer sentences and higher fines for both executives and companies |
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Crimes that do not use nor threaten to use force or violence or do not cause injury to persons or property |
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Agreement between two or more persons to commit an unlawful act |
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Fraudulently making or altering an instrument that apparently creates or alters a legal liability of another |
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(Grease payments) legal payments to speed up or ensure performance of normal government duties |
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(Facilitation payments) legal payments to speed up or ensure performance of normal government duties |
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Foreign Corrupt Practices Act (FCPA) |
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Federal law that makes it a felony to influence decisions makers in other countries for the purpose of obtaining business, such as contracts for sales and services; also imposes financial reporting requirements on certain U.S. corporations |
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Extortion demands made by a nonpublic official |
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Racketeer Influenced and Corrupt Organizations (RICO) Act |
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Federal law, initially targeting organized crime, that has expanded in scope and provides penalties and civil recovery for multiple criminal offenses, or a pattern of racketeering |
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Illegal demand by a public officer acting with |
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Qualifying underlying offense for RICO liability apparent authority |
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Crime of issuing or delivering a forged instrument to another person |
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Constitutional protection against self-incrimination; also guarantees due process |
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Judicial authorization for a search of property where there is the expectation of privacy |
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Privacy protection in the U.S. Constitution; prohibits unauthorized searches and seizures |
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Economic Espionage Act (EEA) |
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Federal law that makes it a felony to copy, download, transmit, or in any way transfer proprietary files, documents, and information from a computer to an unauthorized person |
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Wrongs committed using a computer or with knowledge of computers |
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Statutory offense consisting of the unlawful conversion of property entrusted to the wrongdoer |
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Warnings required to prevent self-incrimination in a criminal matter |
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Common law aspect that it is taking property from somebody by force or threat of force. Some sovereigns takes it little further. It has enough that the act is done in the presence of a person, so it is knowingly or intentional and not accidentally taking the property from another person or from their presence ( and you can also have force or threat of force). So, if a person threaten a victim and tells the victim to give his pen or he will stab him. If a person snatches the pen out of victims hand, this is enough to be robbery. The presence of vicim was sufficient to consider this act as robbery. So, an example of a mugger, grabbing somebody’s purse, we have a higher level offense for this type of crime – why? because person could be injured where as in Larceny the person isn’t around. Common law aspect of Larceny example – if you leave the class during the break and then come back and see that your textbook is gone – larceny. But if a person tries to grab the book out of your hand and then you try to resist then somebody can get injured in this situation, then‐‐ robbery |
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Is just stealing someone else’s property |
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Receiving of stolen property. For higher level of offenses, we need to know knowingly or intentional aspect, not just that you did it. Also, this type of theft that we mentioned is class D felony. |
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Criminal confinement is the “knowing” or “intentional”: Confinement of another without his consent, or Removal of another by fraud, enticement, force or threat of force. Classification – Class D Felony It becomes Class C Felony if victim is under 14 and not the actor’s child. It becomes a Class B Felony if committed while armed with a deadly weapon. |
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Kidnapping is the “knowing” or “intentional” “confinement” or “removal by fraud, enticement, force or threat of force from one place to another” with: the intent to obtain ransom, while hijacking a vehicle, the intent to obtain release or aid in escape of person in lawful detention, or the intent to use a person as shield or hostage |
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Generally considered a business crime. The type of crime is usually committed without physical threats or acts i.e. the crimes that do not use nor threaten to use force or violence or do not cause injury to persons or property |
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The act required for conspiracy is the act of agreement with another person to commit a felony, plus one overt act by defendant or any member of agreeing group in furtherance of the agreement. Defendant must have the intent to commit the crime |
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Is making demands that would be extortion, if made by a public official |
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When a public officer, acting under the apparent authority of the office, makes an illegal demand. |
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Is the act of illegally giving money, property or any benefit to a particular person to influence that person’s judgment in favor of the giver |
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The U.S. constitutional amendment that guarantees a speedy trial |
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The constitutional right to be heard, question witnesses and present evidence |
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What is murder? Killing another human being without any excuse or justification. What could be an excuse? Self‐defense or acts of war. According to statute a person who knowingly or intentionally kills another human being is a murder. Some sovereigns require (even though the statute doesn’t say it) the murder to be pre‐meditated, i.e. the killing of another human being without any excuses or reason or justification should be premeditated to be considered as a murder |
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An assault is intentional conduct that threatens a person with a well‐founded fear of imminent harm coupled with the present ability to carry out the threat of harm. Angry assertion along with aggressive movement in the direction of the victim with the intent to carry out the threat is an assault. Mere words, however, although insulting, are ordinarily insufficient to constitute an assault. |
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Criminal battery. A person touching another person knowingly or intentionally in a rude, angry or insolent way may be considered battery. What is insolent? Disrespectful. Battery – usually hitting somebody. Does it have to be always that? No. Example of the throwing of a knife and stabbing a victim– battery ? Yes. Person shooting the victim. The bullet hitting the victim is a battery. If the person died, it could be a murder or involuntary manslaughter |
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Not having a contractual interest in the property, knowingly or intentionally enters into the real property of another person. What’s real property? Land and anything attached to it for its reasonable life. |
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Accidental killing of another human being, lower level of offense – mostly when a driver in a vehicle hits a pedestrian or hits another car and kills the person in that car. A prosecutor could charge them with involuntary manslaughter. |
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(some sovereigns might call it 2nd degree murder or voluntary homicide) It is still knowingly and intentional killing of other human being. It is not accidental. Some sovereigns charge this criminal offense when there is no premeditation. The term heat of passion or sudden heat are used. |
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Knowingly and intentional – that’s murder – some sovereigns might call it first degree murder. |
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