Chapter 5

Question 1

When someone commits a crime, society has an interest in punishing the lawbreaker such that other members of society see the harsh consequences and are deterred from breaking the law themselves

Answer 1

general deterrence

Question 2

aims to persuade the individual lawbreaker to refrain from committing crimes in the future so as to avoid additional punishment

Answer 2

specific deterrence

Question 3

involves locking up those members of society who refuse to comply with the terms of the social contract

Answer 3

Incapacitation

Question 4

seeks to improve or correct the criminal’s character or behavior so they can reenter society and meaningfully contribute to the community without committing other crimes

Answer 4

Rehabilitation

Question 5

the process by which society benefits by seeing a criminal being punished in proportion to the crime they have committed

Answer 5

Retribution

Question 6

the trier of facts, judge or jury, finds it is more likely than not that the defendant is liable

Answer 6

Preponderance of the evidence

Question 7

the trier of fact cannot have any reasonable doubt the defendant is guilty

Answer 7

Beyond a reasonable doubt

Question 8

-Society is primary victim.
-Burden of proof: beyond reasonable doubt.
-Purpose is to deter the act from happening.
-Brought and prosecuted by the state in criminal courts.

Answer 8

criminal law

Question 9

-Individuals are the primary victim.
-Burden of proof: perponderance of evidence (more than 51 percent).
-Purpose is to deter the act from happening and to compensate the victim.
-Brought forth by the victim. prosecuted in civil courts.

Answer 9

civil law

Question 10

a model set of criminal statutes that many states have adopted, to varying degrees through legislation

Answer 10

Model Penal Code

Question 11

criminal act, or guilty act, is the act, or in some cases an omission of an act, that society has deemed unlawful

Answer 11

actus reus

Question 12

a crime that prohibits a certain act (actus reus) without a mens rea element

Answer 12

strict liability

Question 13

legal term for a guilty mind

Answer 13

mens rea

Question 14

they act with the belief and desire to accomplish that intent

Answer 14

specific intent

Question 15

a person may act out of carelessness or neglect and act in such a way that causes harm to society

Answer 15

general intent

Question 16

If an employee is acting within the scope of the employee’s actual or apparent authority when they committed a criminal act, and the corporation benefited as a result of the criminal act

Answer 16

criminal liability

Question 17

when they perform some act with the direct
knowledge and permission of the corporation

Answer 17

actual authority

Question 18

if a reasonable person would have believed that the employee was authorized by the company to act in a certain manner because of representations made by the corporation

Answer 18

apparent authority

Question 19

officers or directors can be held criminally responsible even for certain crimes they didn’t know about or approve of

Answer 19

responsible corporate officer doctrine

Question 20

include crimes committed against the property
of another, such as burglary, larceny, arson, or forgery

Answer 20

property crimes

Question 21

generally focused on prohibiting behavior that reflects negatively on society (e.g., intoxication)

Answer 21

Public-order crimes

Question 22

Involve the use of a computer or computer-related technology. Examples are cyber-hacking and phishing

Answer 22

Cybercrimes

Question 23

crimes for which the maximum punishment is a year in jail or less

Answer 23

misdemeanor

Question 24

a serious crime, punishable by imprisonment for more than one year or by death

Answer 24

felony

Question 25

a crime occurring in a business setting and that involves an element of deception, unfair dealing, or dishonesty

Answer 25

White-collar crime

Question 26

occurs when a fiduciary is lawfully entrusted with personal property of another and then fraudulently takes or uses that property for their own gain

Answer 26

embezzlement

Question 27

an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors

Answer 27

ponzi scheme

Question 28

involves the intentional taking, copying, or using of another’s trade secrets with the knowledge that the owner of the trade secret will be injured by such action

Answer 28

theft of trade secrets

Question 29

the intentional telling of an untruth while under oath to tell the truth

Answer 29

Perjury

Question 30

knowingly altering, misrepresenting, or hiding the truth about some relevant fact so that another person would be deceived and act in a way that was to their detriment

Answer 30

fraud

Question 31

occurs when someone uses the US Postal Service to make a false representation to obtain an economic advantage

Answer 31

mail fraud

Question 32

occurs when the mis-representation occurs by phone or other means of electronic communication such as email

Answer 32

wire fraud

Question 33

occurs when a person knowingly and fraudulently conceals assets or destroys, falsifies, or withholds documents in violation of the law governing a bankruptcy proceeding

Answer 33

Bankruptcy fraud

Question 34

offering, giving, receiving, or requesting something of value with the intent to unlawfully influence a person or entity in a position of trust

Answer 34

bribery

Question 35

a federal crime designed to ensure that government officials act with the interest of the constituents in mind instead of their own financial interests

Answer 35

Bribery of a public official

Question 36

the Securities Exchange Act of 1934 makes it illegal to engage in any act, practice, or course of business that would operate as a fraud or deceit on a person when purchasing or selling securities

Answer 36

Rule 10b-5

Question 37

becomes illegal when someone buys or sells securities while possessing nonpublic information

Answer 37

insider trading

Question 38

this act made it illegal to make payments to foreign government officials in order to gain or retain business opportunities

Answer 38

Foreign Corrupt Practices Act

Question 39

covers a wide range of criminal activities that are coordinated by a central power structure, such as a powerful Mafia crime family

Answer 39

organized crime

Question 40

occurs when illegally obtained money is channeled through legitimate people or accounts in order to mask its criminal origins

Answer 40

Money laundering

Question 41

specific goal of targeting the Mafia by enabling prosecutors to charge the “bosses” of a criminal organization with the crimes of their underlings under the theory that all the criminal acts were part of a large “criminal enterprise.”

Answer 41

Racketeer Influenced and Corrupt Organizations (RICO) Act

Question 42

a classification used to refer to crimes that often involve the criminal taking of another’s property or interference with one’s use of their property

Answer 42

theft

Question 43

the taking and carrying away of another’s tangible property with the intent to deprive the person of such property

Answer 43

larceny

Question 44

the taking of a person’s tangible personal property by force, intimidation, or threat of violence with the intent to deprive them of that tangible personal property

Answer 44

theft

Question 45

breaking into and entering the dwelling house of another at nighttime with the intent to commit a felony

Answer 45

burglary

Question 46

requires the malicious burning of the dwelling of another person

Answer 46

arson

Question 47

occurs when a criminal knowingly interferes with another’s property rights

Answer 47

Criminal trespass

Question 48

the intentional damaging of another’s property

Answer 48

Criminal mischief

Question 49

the act of intentionally misrepresenting a material fact to a person in order to persuade the individual to transfer property to the person making the misrepresentation

Answer 49

Obtaining goods by false pretenses

Question 50

the making or altering of a writing with the intent to defraud another

Answer 50

forgery

Question 51

is the fraudulent use of one’s public office to wrongfully obtain assets from a victim

Answer 51

extortion

Question 52

obtaining of assets by threatening harm to a victim or the victim’s property

Answer 52

blackmail

Question 53

the act of receiving property that the defendant knew or should have known was stolen with the intent to deprive the true owner of such property

Answer 53

Receiving stolen goods

Question 54

a criminal uses a credit card holder’s information to obtain a benefit with such information

Answer 54

Credit card fraud

Question 55

occurs under federal law when a person has been found to “knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law” (18 U.S.C. §1028)

Answer 55

Identity theft

Question 56

the unauthorized access of another’s computer with the intent to change the settings of the computer or to access information on the other’s computer

Answer 56

cyberhacking

Question 57

the act of accessing another’s computer or personal information through electronic deception with the intent to use information to commit a fraud

Answer 57

Phishing

Question 58

holds a criminal defendant cannot be convicted of lesser-included offenses and the greater offense

Answer 58

Merger doctrine

Question 59

society generally condones or approves of the action taken by the defendant

Answer 59

Justification defense

Question 60

the conduct is not condoned by society, but society determines punishment is less appropriate because of other mitigating circumstances

Answer 60

legal excuse

Question 61

a common example of a justification type of defense

Answer 61

self-defense

Question 62

a defense that states society does not condone or approve of the defendant’s action, but society understands the reasonable person might have acted in the same manner as the defendant

Answer 62

legal excuse defense

Question 63

allow victims to use lethal self-defense without retreating if they are attacked in their own home

Answer 63

Castle doctrine

Question 64

allow people to use lethal force to defend themselves, without requiring them to retreat when possible

Answer 64

“Stand your ground” laws

Question 65

A common defense against a specific intent crime

Answer 65

mistake of fact

Question 66

may be available to a person who breaks the law but did so to avoid an even greater harm to society

Answer 66

necessity defense

Question 67

occurs when a law-abiding citizen is somehow coerced by law enforcement agents to commit a crime that they would not have otherwise committed

Answer 67

Entrapment

Question 68

excludes any evidence that was obtained in violation of a defendant’s Fourth, Fifth, or Sixth Amendment rights

Answer 68

exclusionary rule

Question 69

a formal criminal charge made by a prosecutor without a grand jury indictment

Answer 69

information

Question 70

if the crime is a felony, the accused has a constitutional right to a

Answer 70

grand jury

Question 71

the initial step in a criminal prosecution, whereby the defendant is brought to court to hear the formal charges and enter a plea

Answer 71

arraignment

Question 72

a promise from the government not to prosecute some or all of the crimes charged, in exchange for the accused’s willingness and cooperation in catching and testifying against others engaged in even more serious crimes

Answer 72

immunity

Question 73

If the accused wants to have the judge decide the case

Answer 73

bench trial

Question 74

If, however, the verdict is guilty, then the judge will schedule a

Answer 74

sentence hearing