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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Term
| 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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Term
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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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Term
| 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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Term
| 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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Term
| 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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Term
| 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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Term
| 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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Term
| 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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Term
| 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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