Exam (elaborations)
Social Science Law BLAW Chapter 10 and 16
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Social Science Law BLAW Chapter 10 and 16
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1. Social Science2. Law
BLAW Chapter 10 and 16
Terms in this set (76)
Original
crime
a wrong against society, defined by a statute and is punishable
Differences between criminal and civil Law
- Prosecuted by state
- Burden of proof beyond a reasonable doubt
- Criminal Sanctions: the harsher fines and incarcerations imposed on a criminal
Classifications of crimes
- Felony
- Misdemeanors
- Petty misdemeanor
Felony
fines in excess of thousands or more than 1 year in jail. (murder, rape)
Misdomeanor
%
Less serious crime up to 1 year "gross misdemeanor is less violent"
Petty Misdemeanor
Least serious "Minimmal offenses/ Fines" ex traffic violation
Actus Reus
performance of guilty act
Mens Rea
general state of mind
Criminal Act
- Most crimes require an act of commission
- duty to perform omitted act
- "intend end" less likely to be convicted
Recklessness (gross negligence)
person disregards unjustifiable risk concisely
Criminal negligence
Behavior that might not be aware of risk but should have
Strict liability
The legal responsibility for damage or injury even if you are not negligent
- Crimes don't have intent but are committed
Corporate Liability of an entity
Mainly faces fines, But directors can face jail time
, Liability of Corporate Officers and Directors
Personal liability for crimes committed by corporate directors and officers
Violent Crimes
crimes that involve force or threat of force, including robbery, murder, assault, and rape
property crime
crimes that did not involve violence, including burglary, larceny-theft, motor vehicle theft, and arson
White collar crimes
offenses committed in the business world
- embezzlement, Wire Fraud, Bribery, Insider trading
Foreign Corrupt Practices Act (FCPA)
Prohibits foreign bribery of official
Theft of trade secrets and intellectual property
Economic Espionage Act makes it a federal crime to take trade secrets
- up to $500,000 in fines
- up to 10 yrs in jail
- business fined up to $5 million
Organized Crime
Money laundering, Racketeering
racketeering
1. use income obtained by racketeering
%
2. Aquire/ Maintain interest of enterprise
3. Conduct or participate in affairs
4. Conspire to do any of the proceeding
Defenses to Criminal Liability
justifiable use of force, necessity, insanity, mistake, duress, entrapment, statute of limitations,
immunity
Justifiable use of force
A person may legally use force to defend against the use of force by another. that is reasonable to a
person.
Deadly force
emanate bodily harm of you or 3rd party
Necessity
Necessary to prevent greater harm
Insanity
Suffers from mental illness and incapable state of mind (doesn't have Men Rea)
Mistake
Mistake of law negates mental state
Duress
wrongful or unlawful act or threat that overcomes the free will of a party
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