Law ch 5

  1. White-Collar Crime - illegal acts that (1) employ deceit and concealment rather than force to (2) obtain money, property, or service; to avoid payment or loss of money; or to secure a business or professional advantage

    1. Occupational Safety and Health Act -  creating OSHA(dministration) to enforce that every employee is guaranteed safe and healthful working conditions

    2. Securities Fraud - Public uses corporate stock to grow savings 

      1. Insider Trading

        1. Disclose or abstain doctrine - Corporate officials must reveal information to the public relating to the economic condition of a corporation before they buy or sell the company’s stock

      2. Pump and dump - Spreading false information to drive up a stock price, before selling it

    3. Mail Fraud - Under the federal statute, a mailing is considered in furtherance of the scheme if it is “incidental to an essential part of the scheme”

      1. Elements - Intentional and knowing misrepresentation of a material fact intended to induce another person to hand over money or property

    4. Wire Fraud 

      1. Difference with mail fraud?

    5. Travel Act -Allows federal prosecution of typically state crimes (gambling, extortion, bribery, arson, prostitution, etc) if the crimes have been committed following travel in interstate or foreign commerce

    6. Money Laundering - Individuals engaged in fraud, drug, or other vice transactions need legitimate means of accounting for their income

      1. Examples -  paying the owner of a business in cash to list them as employees, or claiming income comes from owning a restaurant or casino

    7. Antitrust Violations

      1. Sherman Antitrust Act of 1890 - designed to promote “free unfettered competition” in the market 

        1. Elements - Any person “who shall make any contract or engage in any combination or conspiracy” to interfere with interstate commerce 

    8. Public Corruption

      1. Graft - Asking, accepting, or offering money or item of value as a reward for an official decision

        1. Difference between graft and bribery?

  2. Crimes Against Public Order and Morality

    1. Intent behind these laws? -  to ensure that individuals walking on sidewalks, traveling on the streets, or enjoying the public parks and facilities are free from harassment, fear, threat, and alarm

    2. Disorderly Conduct

      1. Elements - Do “any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace”

    3. Riot

      1. Elements - when three or more people engaged in an unlawful act of violence

    4. Public Indecencies: Quality-of-life Crimes

      1. Broken windows theory -If one window in a building is left broken and unrepaired, then no one cares about the building. Soon, every window is broken. This attracts rowdy teenagers, drunks, and addicts. Residents are confronted with panhandlers, prostitutes, druggies on their streets.

    5. Prostitution 

      1. Elements -Any person who knowingly performs, offers or agrees to perform any act of sexual penetration … for anything of value, or any touching or fondling of the sex organs of one person by another person, for anything of value, for the purpose of sexual arousal or gratification

    6. Pandering 

      1. Elements - Encouraging and inducing of another to become a prostitute

    7. Masturbation for hire

      1. Elements

    8. Obscenity 

      1. Lewdness / public indecency / indecent exposure

        1. Elements - Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:

          1. Sexual penetration or other sexual conduct

          2. Lewd exposure of the body done to arouse

  3. Crimes Against the State 

    1. Treason

      1. Actus reus - Armed opposition to the US government, or

        1. Providing aid and comfort to the enemy

      2. Mens rea - Specific “intent to betray”

    2. Sabotage - The willful injury, destruction, contamination, or infection of any war material, war premises, or war utilities with the intent of interfering during a war or national emergency

      1. Actus reus

      2. Mens rea - Specific intent to damage the national defense of the US

    3. Terrorism

      1. Domestic terrorism elements - occurs “primarily within the territorial jurisdiction of the US”

      2. Extraterritorial jurisdiction - Other country will have to agree to extradition

      3. Weapons of mass destruction

        1. Examples - Toxic or poisonous chemical weapons

        2. Biological weapons

        3. Nuclear weapons

        4. Explosive bombs, grenades, rockets, missiles, and mines

      4. Combat immunity

        1. Who is protected under combat immunity? - Armed forces of other countries, defending themselves against US forces, are immune from criminal prosecution in the US

    4. International Criminal Law

      1. UN established the International Criminal Court in 2001, which has jx over serious international crimes