Chp. 10 Blaw

crime

A wrong against society proclaimed in a statute and punishable by society through fines and/or imprisonment—or, in some cases, death.

beyond a reasonable doubt

The standard used to determine the guilt or innocence of a person criminally charged.The standard used to determine the guilt or innocence of a person criminally charged.

misdemeanors

A lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other than a state or federal penitentiary.

felonies

A crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, usually ranging from one year in a state or federal prison to the forfeiture of one’s life.

petty offenses

A lesser crime than a felony, punishable by a fine or imprisonment for up to one year in other than a state or federal penitentiary.

first element of being convicted of a crime

actus reus

second element of being convicted of a crime

mens rea

actus reus

The performance of a prohibited act

mens rea

The performance of a prohibited act

white-collar crime

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.

embezzlement

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.

self-defense

The legally recognized privilege to protect one’s self or property against injury by another. The privilege of self-defense protects only acts that are reasonably necessary to protect one’s self or property.

necessity

that a criminal act was necessary to prevent an even greater harm

insanity

A person who suffers from a mental illness may be incapable of the state of mind required to commit a crime

mistake

can normally excuse criminal responsibility if it negates the mental state necessary to commit a crime

duress

exists when the wrongful threat of one person induces another person to perform an act that person would not otherwise have performed

entrapment

a 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

statute of limitations

the government must initiate criminal prosecution within a certain number of years

self-incrimination

Giving testimony in a trial or other legal proceeding that could expose the person testifying to criminal prosecution

plea bargaining

the process by which a criminal defendant and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case

double jeopardy

a situation occurring when a person is tried twice for the same criminal offense

search warrant

an order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property

probable cause

to believe a search will reveal a specific illegality

exclusionary rule

a rule under which any evidence that is obtained in violation of the accused's constitutional rights guaranteed by the 4th, 5th, and 6th ammendment

the Miranda rule

the rule that individuals who are arrested must be informed of their 5th Amendment right to remain silent and their 6th Amendment right to counsel

indictment

a charge by a grand jury that a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial should be held

information

a formal accusation or complaint issued in certain types of actions (lesser crimes)

computer crime

Any violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution

cyber crime

A crime that occurs online, in the virtual community of the Internet, as opposed to the physical world

cyber fraud

fraud that involves the online theft of credit card information, banking details, and other information for criminal use

identity theft

the act of stealing another’s identifying information—such as name, date of birth, or SSN- using that information to accessnthe victim’s financial resources

botnets

Short for robot network—a group of computers that run an application controlled and manipulated only by the software source

malware

Malicious software programs designed to disrupt or harm a computer, network, smartphone, or other device

worm

A type of malware that is designed to copy itself from one computer to another without human interaction

virus

A type of malware that is transmitted between computers and attempts to do deliberate damage to systems and data

ransomware

Malicious software created by cybercriminals to block access to a computer system until a ransom is paid