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Terms in this set (41)
What is battery?
The application of force to another person or unlawfully physically touching another person
What is assault?
may be committed either by attempting to commit a battery or by intentionally placing another in fear of a battery.
Elements of battery
Physical contact that results in bodily injury or an offensive touching, a contact that is likely to be regarded as offensive by a reasonable person.
Aggravated battery typically requires?
•Serious bodily injury
•The use of a dangerous or deadly weapon, or
•The intent to kill, rape, or seriously harm
What statutes have some states adopted?
Some states have adopted statutes punishing caregivers who intentionally or recklessly cause injury to a "vulnerable elderly person," endanger the health of a "vulnerable elderly individual," or subject the elderly individual to sexual abuse.
What is mayhem?
Depriving a human being of a "member of his or her body, or disables, disfigures, or renders it useless."
•Intentionally depriving a human being of a limb, organ, etc.
What is torture?
cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.
Aggravated assault and how assault is committed?
•May be committed by an attempt to commit a battery or by placing another in fear of a battery
•Aggravated Assault - based on factors similar to those constituting an aggravated battery
What is rape?
Rooted in the notion that a man's daughters and wife were his property, and that rape involved a trespass on a male's property rights.
•Defined as the unlawful carnal knowledge of a woman against her will.
•Requires vaginal intercourse by a man with a woman who is not his wife.
What is withdrawal of consent?
A person who initially consent to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or conduct.
•As soon as a person withdraws consent to a sexual interaction, the other person must cease the interaction. If not, it is considered rape.
Rape shield statutes
Prohibit the defense from asking the victim about or introducing evidence concerning the victim's reputation.
•The defense may ask about information relevant to the relationship between the complainant and the defendant.
Rationale for rape shield statutes
Common law definition for kidnapping?
at common law was the forcible abduction or stealing away of a person from his or her own country and sending him into another country.
What is false imprisonment and what does it so?
False imprisonment is defined as the intentional and unlawful confinement or restraint of another person.
•False imprisonment is a crime that punishes interference with the freedom and liberty of the individual.
•False imprisonment requires an intent to restrain the victim.
•False imprisonment may overlap with kidnapping or with assault and battery or robbery.
Common law for larceny?
Trespassory taking and carrying away of personal property of another with the intent to permanently deprive that individual of possession of the property.
•Possession is different from custody, which is temporary and limited right to control property.
How larceny occurs?
•Concurrence must exist between the taking and intent to deprive the owner for larceny to occur.
•Difference between grand and petit (petty) larceny is the value of property taken.
•Larceny by trick occurs when possession is obtained through misrepresentation.
EmbeZzlement and the 3 central elements
Did not exist at common law
•of the property of another
•by an individual who is in lawful possession of the property
•Distinguished from larceny in that the property taken is lawfully taken possession, but then fraudulently converted.
How to receive stolen property?
•Knowing the property was stolen
•With the intent to permanently deprive the owner of the property
What is forgery?
is the creation of a false legal document or the material modification of an existing legal document with the intent to deceive or defraud others.
What is uttering?
is distinct from forgery in that it involves the act of circulating or using a forged document.
How robbery is committed?
Property must be taken directly from the victim's person or presence by means of violence or intimidation.
•The violence or intimidation must coincide with the taking of the property.
•Aggravated robbery can be used when it involves using a dangerous weapon, inflicting serious bodily injury, or having an accomplice.
What is extortion?
The taking of property from another by a present threat of future violence or threat to circulate secret, embarrassing, or harmful information or threat of criminal charges or threat to take or withhold official government action or threat to inflict economic harm and the other harms listed in statute, with a specific intent to deprive a lawful possessor of money or property.
•The object of extortion may be money, property, or "anything of value," including labor or services.
•Blackmail is the threat to disclose a personal or embarrassing information
Elements of burglary?
•Dwelling House of Another
What is aggravated burglary?
includes nighttime burglary of a dwelling, possession of a dangerous weapon, or the infliction of injury to others
What is second degree burglary?
Includes burglary of a dwelling, store, truck, automobile, or railroad car.
What is criminal trespass?
Unauthorized entry or remaining on the land or premises of another
What is defiant trespass?
occurs when an individual knowingly enters or remains on the premises after receiving a clear notice that he or she is trespassing.
What is arson?
is defined as the willful and malicious burning of the dwelling. The purpose is to protect the home along with the occupants and their possessions.
What are the elements of arson?
Elements of arson
•Willful and malicious
Edwin Sutherland white collar crime definition?
white-collar crime is defined as an offense committed by a "person of respectability and high social status in the course of his [or her] occupation."
Why is white collar crime committed?
White-collar crime offenses are typically committed in the regular course of business in an effort to make or save money.
•Despite the fact that white-collar crime is one of the most active areas of federal prosecution, textbooks generally do not devote significant attention to the subject.
Facts about white collar crime?
Based on the social class of the offenders, nature of the crime, or specific statutory violations.
•White-collar crime defined as illegal acts that employ deceit and concealment rather than the application of force; to obtain money, property, or service; to avoid the payment or loss of money; or to secure a business or professional advantage.
•White-collar criminals occupy positions of responsibility and trust in government, industry, the professions, and civil organizations.
What are environmental crime and who prosecuted them?
Crimes that threaten the health and natural resources of the United States that include crimes that range from air and water pollution to the illegal transportation and disposal of hazardous waste.
•Most prosecutions undertaken by federal government.
What is security fraud?
Securities fraud came into focus in 2002 when Martha Stewart became the subject of a criminal investigation for lying to investigators about the sale of stock.
What is insider trading?
entails the purchase or sale of securities based on information that is not available to the public at large.
•Statutes against insider trading were enacted to ensure that the stock market functions in a fair and open fashion.
Two theories to insider trading
Two theories of insider trading
•The Disclose or Abstain Doctrine
•States that corporate officials must publicly reveal information to the public relating to the economic condition of a corporation before they buy or sell the company's stock
What is pump and dump?
Involves spreading false information about a company to drive up the stock price
•Stocks that were inexpensively bought will have inflated prices due to false information
•Individuals who sell their stocks can make significant profit
What is identity theft?
Theft of name and other identifying information
•Intangible property such as social security number
Money laundering and what it's used for?
Individuals involved in criminal fraud or drug or vice transactions confront the problem of accounting for their income.
•The solution is money laundering. This involve creating some false source of income that accounts for money used to buy a house, purchase a car, open a bank account, etc.
Organized crime control act 1970
Racketeering includes crimes committed to benefit criminal organizations, including money laundering, bribery, interfering with justice, etc.
Steps to establishing Rico statute?
Steps to establishing violation of RICO statute
•Define a pattern of racketeering
•Existence of an enterprise
•Relationship between pattern of racketeering and enterprise
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