Chapters 11-12-13 final test

theft/larceny

taking/carrying away persons property w/o use of force and w/ intent to permanently deprive owner of possession

robbery

taking property by force or threat of force- a violent crime against persons and their property

conversion

wrongfully possessing/disposing of someone else’s property as if it were yours

tangible property

personal property, not real estate

intangible property

property worth nothing by itself but is proof of something valuable

ex- stock options, bonds, notes, trademarks, licenses and patents

embezzlement

the crime of lawfully gaining possession of someone else’s property and later converting to one’s own use

traditional theft elements

1- taking

2- and carrying away someone eses prop w/o consent

3- with intent to permanently deprive vics of possession

abuse-of-trust crimes

crimes growing out of opportunities to get someone else’s prop that was entrusted to perps bc of occupation, known as white-collar crimes today

ex- embezzlement

fraud

getting property by deception

cybercrime

to get valuable info contained in comps/wireless devices especially computer databases accessible through the internet

4 main types of cyber crimes

1- crimes against info brokers= data collectors (credit reporting agencies and data aggregators (Westlaw))

2- crimes against manufacturers/distributors= of digital media- movie, recording, and software companies

3- crimes against online product and service sales= businesses that offer their products/services for sale on the internet

4- crimes against busiess computer systems- internal comp systems connected to internet- conducts business affairs and house companies asses data- trade secrets

permanently deprive example

women in dpt. store seen putting merch in bag and seen walking past the registers towards the front door but does not leave store and continues to browse and put stuff in her bag

white collar crimes

criminal behavior committed by white collar class including fraud, swindling, and double crossing

2 kinds of business and professional crime

1- fraud/swindling ex- misrepresentation in corp. financial statements and tax fraud

2- double cross ex- corp. director acts on insider info, buys land the corp. needs and sells it as fantastic profit to his corp.

3- racketeer- “legitimate rackets”- Al capone

mail fraud statutes

schemes to defraud or for obtaining money or property using US mail

combined with wire fraud statutes, mail fraud statutes are the most frequently charged federal statutes for 3 reasons:

combined with wire fraud statutes, mail fraud statutes are the most frequently charged federal statutes for 3 reasons:

1- inchoate offenses- applying to fraudulent schemes that haven’t taken place or caused any loss

2- consists of two elements:

a) actus reus. sending mail or communicating by wire (fax, phone calls, emails, texts, social networking)

b) mens rea. intent to carry out fraudulent schemes

3- seemingly infinite malleability

ex- consumer frauds, stock frauds, land frauds, bank frauds, insurance, and commodity frauds

ponzi schemes

fraudulent investment operation that pays returns to investors from their own money or money paid by subsequent investors rather from ant actual profit earned

civil liability

thefts, frauds, and swindles are also civil wrongs

-supplementing civil actions through criminal punishment once tort is now also a crime

robbery elements

actus reus- taking prop by force or threat of force

mens rea- intent to keep prop perm and intent/threat to use immediate force

circumstance 1. someone else’s prop 2. taking prop from another person

doesn’t require use of actual force- draw knife/gun is enough

receiving stolen property

benefiting from theft of someone’s prop w/o having participated in wrongful acquisition

fences

receivers of stolen goods or places where stolen goods are bought

receiving stolen property elements

actus reus- act of receiving/controlling at least temporarily (not necessarily possessing) the prop

mens rea- depending on jurisdiction

1- knowingly 2- believing that received goods are stolen 3- recklessly believing 4- negligently knowing

arson

damaging/destroying buildings by burning

criminal mischief

damaging/destroying personal property

arson elements

actus reus- burning by fire or explosion

mens rea- intent to start fire

first degree arson

burning homes/other occupied structures

ex- schools, offices, churches- danger to human life

second degree arson

burning unoccupied structures, vehicles, and boats

malicious mischief

common law- intentionally damaging/destroying anothers tangible property

1- destruction/damage by fire, explosives, “dangerous acts”

2- tampering w/ tangible property to endanger property

3- deception/threat that causes someone to suffer money loss

burglary

breaking/entering building w/ intent to commit crime inside the building

burglary elements

actus reus- breaking and entering (dwelling of another)

mens rea- intent to commit felony inside

breaking and entering

breaking- requiring an unlawful, frequently destructive entry unto someone else’s building

entering- come into the building/structure

surreptitious remaining (B&E)

element the entering of a structure lawfully w/intent to remain/commit crime inside

occupied structure (B&E)

any structure/vehicle/place adapted for overnight accommodations of persons or for carrying on business, whether a person is present or not

dwelling of another (B&E)

any place where other people live

criminal trespass

unwanted, unauthorized invasion of another person’s prop

criminal trespass elements

actus reus- unauthorized entering/remaining in premises of another person

1- D knowingly enters/remains w/o authority, invitation, license, privilege, legality (most states)

2- D specific intent to enter/remain w/o authority for some unlawful purpose (few states)

3- D bears strict liability for entering/remaining

(mens rea varies)

identity theft

stealing another persons identity for the purpose of getting something of value

spoofing (cybercrime)

attacker compromises routing packets to direct a file or transmission to a diff location

piggybacking programs (cybercrimes)

hackers “piggyback” onto other programs to enter comp systems

data diddling (cybercrimes)

practice by employees/other knowledgeable insiders of altering/manipulating data. credit limits, other financial info

salami attack (cybercrimes)

series of minor computer crimes- slices of larger crime- difficult to detect

ex- hacker finds a way to get into banks computers and quietly skims off a penny from each account and quits once he has $200,000

crimes against public order

“bad manners” crimes today they’re “quality of life” crimes (threaten to disrupt pub order)

ex- pub drinking, aggressive panhandling, harassment, graffiti/vandalism, street prostitution

order

acting according to ordinary peoples standard of goof manners

liberty the right of individuals

to come/go as they please w/o gov interference

disorderly conduct

crime offenses against pub order/morals

ex- false pub alarm, loitering/prowling, obstruct highways/pub passages, disrupting meetings/processions

actual disorderly conduct

breach of peace misdemeanor

ex- fighting in public and making unreasonable noise

constructive disorderly conduct

tends to provoke/excite ithers to break the peace

broken windows theory

theory that minor offenses/disorderly conduct can lead to rise in serious crime

vagrancy

poor people wandering w/ no visible means of support

changed during great depression not a crime to be unemployed, w/o funds, and in pub place

loitering

crime remaining in once place w/ no apparent purpose

panhandling

stopping people on the street o ask them for food or money

panhandling/free speech

permits time, place, manner regulations- restriction to have to satisfy these elements:

1- theyre not based on the content of speech

2- they serve sig. gov interest ex- maintaining free flow of pedestrian traffic

3- they leave open other channels of expression

elements of manner test

bars use of regulation to suppress any message about social conditions that panhandlers convey

advocates for panhandlers argue regulation of panhandling is a gov policy of removing

victimless crime

crime involving willing adult participants who don’t see themselves as vics

prostitution

engaging in sex acts in exchange for money or its equivalent

at least 2 people= prostitute and client (John/Trick) along w/ pimp

huge double standard punish “bad girls” and save “good boys”

prostitution elements

1- has or offers to have/request to have nonmarital sexual intercourse for anything of value

2- commits/offers to commit/requests to commit act of sexual gratification in pub/Priv involving sex organ of another/mouth/anus

3- is an inmate of place of prostitution

4- masturbates a person/offers to masturbate a person/request to be masturbated by a person for any value

5- commits/offers to commit/requests to commit an act of sexual contact for anything of value

treason

the thought of levying war against the US/giving aid/comfort to its enemies

To prove: 2 witnesses or confession in open court

concerns about treason:

1- peaceful opposition to go, not just rebellion would be repressed

2- innocent people might be convicted of treason bc of perjury and or sufficient evidence

treason elements

actus reus

1- 1+ overt acts of levying war agaisnt the US

2- giving aid/comfort to enemies of the US

mens rea

1- intent to commit an act of levying war agaisnt US

2- giving aid/comfort to enemies of US and

3- for purpose of betraying US

adherence to the enemy

def of treason under English common law - breaking allegiance to your own country by forming an “attachment to the enemy”

sedition

the crime of advocating the violent overthrow of the government

seditious speech (sedition can include)

advocating the overthrow of the gov in speeches

seditious libel (sedition can include)

advocating the overthrow of the gov in writings

seditious conspiracy (sedition can include)

conspiring to the violent overthrow of the gov

it’s been a crime for centuries against the state not just to commit treason but to “stir up” others

sabotage

the crime of damaging/destroying prop for the purpose of hindering perpetrations for war and international defense during national emergencies

elements of sabotage

actus reus

injuring, destroying, contaminating, or infecting (attempt to) any war material, war premise, war utilities

mens rea

“willfully” or “intent to” “with reason to believe”

purposefully obstruct acts in actus reus or knowingly or negligently

espionage

the crime of spying on the enemy

espionage during peace

turning or attempting to turn over info about national defense to any foreign country with “intent or with reason to believe” the info is “to be sed” to either hurt the US or help any foreign country

espionage during war

consist of collecting, recording, publishing, or communicating (or attempting to) any info about troop movements, ships, aircraft, or war materials and any other info that might be useful to the enemy

espionage elements

actus- collect, record or publish, or communicate, or attempt to elicit

mens- intent to communicate info to the enemy

terrorism

the use of violence or intimidation in the pursuit of political aims

USA Patriot Act

passed by congress after the 9/11 attacks, creating some new (and enhancing the penalties for existing) crimes of domestic and international terrorism

terrorism crimes may include

use of certain weapons of mass destruction

acts of terrorism transcending national boundaries

harboring or concealing terrorists

providing material support or resources to terrorists

providing material support or resources to designated foreign terrorist organizations

providing financial support for terrorism

receiving training from a foreign terrorist organization

elements of material support to terrorists

actus reus

1- provide material support or resource or

2- conceal or disguise the nature, location, source or ownership

mens rea

1- purposefully

2- knowingly

why is treason the only crime defined in the constitution? explain why it is hard to prove?

treason is the only crime defined in the constitution because it is the most serious of all crimes against the state and whoever is guilty shall suffer death, or shall be imprisoned not less than 5 years and fines under this title but not less than $10, 000 and shall be incapable of holding any office under the US

the crime of levying war against the US or of giving aid and comfort to its enemy

it is very hard to prove because of its history, there also requires either two witnesses to the actus reus or confession in open court, there also has to be an intent to betray and adhere the enemy