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50 Cards in this Set
- Front
- Back
Definition of a crime
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is an offense against the public at large. A crime threatens the peace, safety and well being of the entire community.
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Person accused of a crime is called
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Defendant
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Primary objective of criminal law are
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to protect the public at large, to preserve harmony and stability within a society and to discourage future disruptive conduct.
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What is a felony
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is a crime punishable by death or imprisonment in a federal or state prison for a term exceeding one year. Some are punishable by fines
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What Misdemeanor
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Is a less serious crime, generally punishable by a prison sentence of not more than one year. Disorderly conduct is included in this category
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two elements necessary to create criminal liability
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are a criminal act and the required state of mind
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Under American law, a crime cannot be committed unless
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some act has occurred.
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An individual cannot be accused of a crime for merely
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thinking of a criminal act
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omissions and refusal to act
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is failure to act or refusal to act and can be considered criminal.
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Many state criminal codes include the following four states of mind:
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-Purpose
-Knowledge -Recklessness -Negligence |
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Individuals act with a purpose when?
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they intend to cause the result that in fact occurs.some states call this mental intent but is not premeditation!
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premeditation
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is an action from the criminal defendants "prior calculation and design"
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Knowledge is
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When people act with an awareness that a particular result will probably occur
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Recklessness involves
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a perverse disregard of a known risk of negative consequences. (eg. two drivers challenging each other to a illegal drag race)
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People act with negligence when
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They fail to see the possible negative consequences of their actions. (eg a person who clean a hunting rifle without checking to see if it is loaded
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negligence in criminal law is concerned with
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punishing the wrongdoer and protecting the public at large
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negligence in tort law is concerned with
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the compensation of accident victims
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Motive
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is the wrongdoers reason for committing the crime
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Purpose of criminal law
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is to protect the public
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crimes against people, most referred to as felonies, include:
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homicide, assault, battery, kidnapping, and hat speech.
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Homicide is
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Any killing of one human by another
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Aggravated murder, premeditated murder or first degree murder is when
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unlawful killing is done with premeditation and deliberate intent
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First degree murder consist of
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killing someone with premeditation, (thinking about it and planing the homicide in advance with prior calculation and design,) killing someone in a cruel way, with torture or killing someone while committing a major crime such as rape, robbery or kidnapping.
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What is battery
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is the unlawful touching of another person. (bumping into someone in a crowed place does not count) because it requires criminal intent or reckless behavior
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battery involves the forceful use of
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a persons hand, knife, fun, or other weapon. Battery could also be committed by giving drugs to a unsuspecting victim, spitting in someones face, siccing a dog on someone or even kissing someone who doesn't want to be kissed
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An assault is
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an attempt to commit battery. (pointing and shooting a gun at someone is assault, the bullet hitting that person is battery)
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Kidnapping is
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the unlawful abduction of an individual against that person will
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Hate Speech
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using certain symbols, writings, and speech that intend to provoke outrage or fear on the basis or race, region, color or gender.
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Crimes against property include
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Burglary, arson, robbery, larceny, and extortion
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Burglary consist of
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breaking in and committing a felony.
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Arson is
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the willful and malicious act of causing the burning of another s property
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Robbery is
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the act of taking personal property, including money form the possession of another against that persons will, in that person presence, and under threat to do great bodily harm or damages.
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Larceny is
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a person who takes and carries away the personal property of another without the right to do so (shoplifting)
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Extortion is
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taking another property with consent when consent is coerced by threat to injure the victims person, property, or reputation (also called blackmail)
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Larceny by false pretenses
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taking someones property by intentionally deceiving that person
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Embezzlement
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people who wrongfully take property entrusted to their care
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Bribery
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involves corrupt agreement induced by an offer of reward
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Forgery
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is the false making or changing in writing with the intent to defraud.
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Examples of forgery
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signing another persons name to a check or other document without authority. signing ones own name or pretending to be someone else of the same name. Creating a fake identity and signing in the fake identity's name BUT for it to be a crime there must be an intent to defraud and the item forged must have some legal effect.
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What is uttering?
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to offer a forged instrument to another person, knowing that it is forged, and intending to defraud.
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e-Crimes
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Electronic crimes involving any criminal act that includes a computer
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e-Trespass
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is gaining access to a computer with intent to commit a crime
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e-Extortion
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cyberblackmail, and is when a experienced hacker gains access to the computer recoreds of a corporation/ institution and discovers come sort of illegal, negligent, unethical or embarrassing things and threatens to expose them unless compensated $$$
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e-Stalking
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cyber stalking, a perpetrator targets vulnerable people by tracking their computer transactions, personal records, communication habits and then using that info to victimize the innocent party.
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e-Spoofing
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cyberspoofing, is when a perpetrator uses a computer to assume another compute users identity to carry out a crime
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what is phishing?
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is the criminally fraudulent process of attempting to acquire sensitive information such as user names, passwords and credit card details by masquerading as a trustworthy entity in an electronic communication. Communications purporting to be from popular social web sites, auction sites, online payment processors
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Electronic terrorism
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using a computer to disrupt or destroy one of the critical elements of the nations electronic infrastructure, (power, air traffic, control system, water and sanitation.) Can be a virus put into a critical computer system that causes the electronic infrastructure to collapse
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Identity theft
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another cybercrime that targets computers and computer information. The perpetrator steals credit card info, finical data, access codes, passwords, or debit card info. Then they pass themselves off as the victim
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Electronic vandalism
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attack a computer system so that the Web site is completely destroy or paralyzed to the extent that legitimate business can no longer be conducted on that site
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Electronic Germ Warfare
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when criminals use viruses to attract a computer system.
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