Business Law Chapter 2

Crime – an act against the ______, punishable by a fine, ______, or both

- No act can be ______a crime unless it is ______by the law of the place where it is ______and unless that law provides for the ______of offenders

Criminal Proceedings – the state or federal government, ______the public at large, is the ______

-Government is the Prosecutor – the party ______the person of a crime

-Defendant – the person who ______of a crime

Felony – a punishable by or death

- Examples: ______, ______, ______, ______, and ______

Federal comprehensive Crime Control Act – defines ______as “any offense punishable by death or imprisonment for a term ______”

______– a less serious crime with a less severe ______

-penalty is fine or ______in a ______or city jail

-Examples: driving an ______without a license, lying about ______to purchase ______beverages, and leaving the ______of an automobile accident

-Some states classify ______as minor misdemeanors or ______offenses

Traffic offenses and parking ______

Elements of a ______

A crime is defined by 2 elements: the ______act and the required ______of mind

______– Each ______that defines a crime must specifically explain the conduct that is ______.

______– is specified in the statute that ______.

The lack of ______does not remove ______. If the person has committed the crime and has the ______, he or she is criminally liable.

Crimes are grouped under three headings:

crimes against ______

Crimes Against People

______– the unlawful killing of another human being with ______

First Degree Murder – (1) killing someone with ______or (2) killing someone in a ______, such as torture or (3) killing someone while committing a felony, such as rape, ______

______– If 1, 2 or 3 does not apply to the murder, it is considered second-degree murder.

Second-degree murder is different from first-degree murder, which is a ______, ______killing or results from a ______crime such as arson, rape, or armed robbery.

First-degree murder usually carries the ______, second-degree murder does not.

 Exact distinctions on degree vary by ______.

______– the unlawful killing of another human being without ______(evil intent) and thought.

______Manslaughter – the ______very upset before the killing – occurs when one person intends, at the time the act is committed, to kill another but does so suddenly and as the ______

Involuntary ______– when one person, while committing an ______kills another. There is no intent to kill.

Homicide - The killing of a human being due to the act or omission of another. Included among homicides are ______, but not all homicides are a crime, particularly when there is a lack of ______.

Non-criminal homicides include ______, a misadventure like a hunting accident or automobile wreck without a violation of law like reckless driving, or legal (government) execution.

______is a homicide, but in most cases there is no one to prosecute if the ______is successful. ______suicide can be a crime.

Assault and Battery - In most states are ______

Battery - unlawful ______

Must have criminal ______
Ex.: giving poison or drugs to an ______; forceful use of a person’s hand, knife or gun; ______someone’s face; siccing a dog on someone; kissing someone who does not want to be kissed

Assault – an attempt to ______

(Pointing or shooting a gun at ______; the bullet striking the person is the battery)

Aggravated ______Battery

______in most states
The ______has to be committed with a deadly weapon, with the intent to murder, with the intent to ______, or with the intent to commit robbery

Kidnapping – the unlawful removal or ______against the person’s will

Usually ______to be a captive

Sex Offenses – extremely ______because victims are hurt physically, emotionally and psychologically

Statutory rape – applies ______/ the consent of the ______does not matter (under 16)

Crimes Against Property (,,,, and __)

Burglary - (originally under common law) the breaking (opening) and ______of a dwelling house at night with the intent to commit a ______

(Currently the definition includes): ______in the daytime. Breaking and entering a place that is not a dwelling ______and breaking and entering with the intent to commit a ______

Larceny (stealing) – unlawful ______away of personal property of another with the intent to deprive the owner of it. ______– is a form of larceny

Petty Larceny - a ______(stealing property that with a value of $300 ______)
Grand Larceny – a ______(stealing property valued at ______$300)

Embezzlement– a form of ______(taking another’s ______by the person that has been ______with that property)

Example: grocery clerk taking the ______instead of putting it in the cash register / treasurer of business taking money / bank teller/ pto treasurer takes money

Robbery – The ______and carrying away of the personal property of another accompanied by ______or ______

Taking of something from the ______or close to the body of the victim by the use of ______, ______, or ______

Arson – the willful and malicious ______of the dwelling house or other building of another

Crimes against Business (Larceny by False , , and , Computer )

Larceny by False Pretenses (Con by a ______) – the taking of someone’s ______or ______by intentionally ______that person

Intended to ______
Statements made induce the victim to ______

Forgery – the false making or changing of a ______with the intent to ______

______of another person’s name ______to a check or other document

Bribery and Extortion – paying or giving ______of value to ______in order to ______their official activity

______is fine of not more that $20,000 or three times the ______equivalent of the ______, whichever is ______, or imprisonment for not more than ______or both
The person ______the bribe may be ______from holding the federal office
Extortion, under common law, is the ______or a thing of value by a public official
The victim ______to give up the money or property, but does so ______

Defenses to Crimes – ______, ______, ______, and ______

Insanity – a person is ______if “as a result of ______or defect he or she lacks substantial ______either to appreciate the ______of his conduct or to conform his conduct to ______of law.”

- American Law Institute (ALI) has developed a modern insanity test.

-About 3/5 the of the states follow the ______

-If found ______by reason of insanity, people are ______to institutions and must undergo periodic ______examinations. Once they are found to be ______, they are ______.

-Some states ______buy mentally ill pleas

The defendant is ______until cured and then ______a number of years in a ______

Entrapment – a ______a law-abiding citizen to ______a crime

The crime ______had it not been for the inducement of the officer

Self-Defense – when persons have ______to believe that they are in ______of ______or death and they use force to ______themselves.

-Except in one’s ______, the person claiming ______must retreat before resorting to ______.

-Must show that he/she ______the altercation

-Must not have used more ______

Defense of a Family Member – force is used ______a family member who has been ______

-must have ______to believe that the victim was in danger of ______bodily injury or even ______

-______need not retreat if the ______place in his/her own ______

Sentencing Convicted Criminals – ______, ______, the ______

Sentence – an ______punishment

Fines – the ______of a specified amount of money as a penalty for ______a crime

-lesser crimes only a ______

-serious crimes ______

Imprisonment

Different ways to approach imprisonment

-______a minimum and a maximum amount of ______

minimum is the for ______spent behind bars
could be released before ______for good behavior

-sentencing can be for a ______amount of time

judge hands down the ______of years to serve
may be lessened for ______

-is the ______under which the ______is sentenced calls for the ______sentence, good behavior is not an ______

Death Penalty – (

Murder Trials must go through ______

-1st phase – the jury determines the ______of the person

-2nd Phase – (______hearing) the judge or jury listens to the ______; arguments and ______other evidence to help determine the______to be given.

-3rd Phase – an appeal to the state’s ______

-Only when these ______are complete can the death penalty be ______.

Criminal Law in the American System

-Two systems: ______system and ______system

State Criminal System

-Each state government has ______

-Allows states to protect the ______, safety, welfare, and ______.

-Exact definitions and ______for crimes ______from state to state

Federal Criminal Law

-Have ______police power

-Can only create ______over which it has ______

Ex. Counterfeiting because it has ______

-Do have several ______police agencies

Federal Bureau of Investigation (FBI)
Drug Enforcement Agency (DEA)

-The power comes from Commerce Clause to U.S. Constitution

-Congress can ______commerce among the states

Treason – (defined by U.S. Constitution) need a ______in open court or testimony of ______to convict someone of treason

Double Jeopardy- ______to the Constitution guarantees that no person can be tried ______for the ______crime.

-Federal and State systems of justice sometimes ______

-(both federal and state laws address the manufacture, sale, and use of illicit drugs)

-An individual may be tried ______for the ______in two ______courts but not the same court twice

Hate Crimes – The use of certain ______, ______, ______, or ______to cause fear or anger in people because of their ______, ______, ______, or ______.

-A statute can ______or symbols that are designed to rouse ______or ______regardless of the content of that speech

-A statute cannot make it illegal to use ______designed to incite outrage or ______based on only race, religion, color gender, or any similar category.

Crimes against Property

Vandalism – willful or malicious ______to property and may also be called ______mischief or ______damaging

-A “______” can also be charged with vandalism

Shoplifting – The act of stealing goods from a ______

-Costs American consumers ______of dollars each year

-Shoplifting ______, extra ______– increase prices ______

-Many states have laws that regard the ______on one’s person of an article of merchandise to be ______evidence of the ______to steal.

Motor Vehicle Violations

-A license to drive is a ______and may be suspended ______or ______

-Drag racing – unauthorized racing of ______side by side and the timing of vehicles that ______run a prearranged course

-Joyriding – when someone temporarily ______a motor vehicle without the ______permission

-All participants are held ______, not just the ______

Crimes Involving Controlled Substances

-Drug abuse is a ______problem in our society

Alcohol

-major ______found in beer, wine, whiskey, and other distilled beverages

-Most commonly used ______in the United States

-Selling alcohol to ______is ______and is penalized by ______, ______or both, and may lose the license to sell alcohol

-The ______individual may also be ______for making the illegal purchase

Drugs

-Chemicals that ______the functions of the ______or ______.

-______, ______, or ______of certain drugs may violate a federal law, a state law, or both. Each state sets its own penalties in relationship to drug offenses. The ______of drugs is always considered a more ______than the mere possession of use of drugs. It is also a crime to ______drugs away.

Computer Crimes

-Federal Crimes and Laws

The Computer Fraud and abuse act is specifically aimed at computer ______. Hackers gain unauthorized entry to a ______, generally to do some sort of ______. The National Information Infrastructure Act is designed to ______the practice of ______money or other favors in exchange for not causing a computer system to ______.

-State Crimes and Computers

Some states have created the crime of computer ______, which simply outlaws using a ______to commit any crime. Other states have passed computer fraud statutes, which make it an offense to use a computer to acquire ______, services, or money by fraud. Some states have a detailed list of computer-related crimes, including ______of computer services, destruction of ______, and misuse of computer ______.