BUS Law Ch. 10 Vocab Bolinger

Actus reus

A guilty (prohibited) act. The commission of a prohibited act and the intent to commit a crime are the two essential elements required for criminal liability.

Beyond a reasonable doubt

The standard used to determine the guilt or innocence of a person criminally charged. To be guilty of a crime, one must be proved guilty "beyond and to the exclusion of every reasonable doubt."

Burglary

The unlawful entry into a building with the intent to commit a felony. Some state statutes have expanded burglary to include the intent to commit any crime.

Arson

The malicious burning of another's dwelling. Some statutes have expanded arson to include any real property, regardless of ownership, and the destruction of property by other means—for example, by explosion.

Botnet

Short for robot network—a group of computers that run an application controlled and manipulated only by the software source. Usually, the term is reserved for computers that have been infected by malicious robot software.

Computer crime

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

Crime

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

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.

Double jeopardy

A situation occurring when a person is tried twice for the same criminal offense; prohibited by the Fifth Amendment to the U.S. Constitution.

Duress

Unlawful pressure on a person, causing them to perform an act they would not otherwise perform.

Embezzlement

The fraudulent appropriation of money or other property by a person to whom it has been entrusted.

Entrapment

In criminal law, a defense in which the defendant claims that they were induced by a public official to commit a crime they would not otherwise have committed.

Exclusionary rule

In criminal procedure, a rule under which any evidence obtained in violation of the accused's constitutional rights will not be admissible in court.

Felonies

A crime—such as arson, murder, rape, or robbery—that carries the most severe sanctions, ranging from more than one year in a state or federal prison to the death penalty.

Forgery

The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.

Grand jury

A group of citizens called to decide, after hearing the state's evidence, whether a reasonable basis (probable cause) exists for believing that a crime has been committed and that a trial should be held.

Hacker

A person who uses one computer to break into another.

Identity theft

The illegal use of someone else's personal information to access the victim's financial resources.

Indictment

A charge by a grand jury that a named person has committed a crime.

Information

A formal accusation or complaint (without an indictment) issued in certain types of actions (usually criminal actions involving lesser crimes) by a law officer such as a magistrate.

Larceny

The wrongful taking and carrying away of another person's personal property with the intent to permanently deprive the owner of the property.

Malware

Any program that is harmful to a computer or, by extension, a computer user.

Mens rea

Mental state, or intent. A wrongful mental state is as necessary as a wrongful act to establish criminal liability.

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.

Money laundering

Falsely reporting income that has been obtained through criminal activity as income obtained through a legitimate business enterprise.

Necessity

A defense against liability, under which the defendant asserts that circumstances required them to act in a certain way.

Petty offenses

In criminal law, the least serious kind of criminal offense, such as a traffic or building-code violation.

Phishing

An online fraud action that allows criminals to ************* legitimate companies by using e-mails or malicious Web sites that trick individuals and companies into providing useful information, such as bank account numbers, Social Security numbers, or credit card numbers.

Plea bargaining

The process by which a criminal defendant and the prosecutor work out an agreement to dispose of the criminal case, subject to court approval.

Probable cause

Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person.

Robbery

The act of forcefully and unlawfully taking personal property of any value from another; force or intimidation is usually necessary for an act of theft to be considered robbery.

Search warrant

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

Self-defense

The legally recognized privilege to protect oneself or one's property against injury by another.

Self-incrimination

The act of implicating oneself in a crime or exposing oneself to criminal prosecution.

Virus

A program that can reproduce itself and spread from one computer to another.

White-collar crime

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

Worm

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