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Chapter 8

8 CRIMINAL LAW
AND CYBER CRIMES

In our complex society the accountant’s certificate and the lawyer’s opinion can
be instruments for inflicting pecuniary loss more potent than the chisel or the
crowbar.
Justice Blackmun

I. Teacher to Teacher Dialogue

There can be no question that our criminal law system is far from perfect, and anyone who
tries to take the position that it is, is not grounded in reality. What is important to convey to our
students is that, in spite of all these problems, the underlying goal of our system is to balance the
rights of the defendant with those of the larger society. As a society, we try harder than most to
maintain that balance.
Try to give students some of the comparative structural differences between our system and
some of the worlds’ more totalitarian regimes. Ask them to consider their own personal financial
and legal ability to resist the efforts of the state that may have targeted them for prosecution. In
that light they start to see that our criminal law system, albeit quite flawed, is all we really have to
protect us from the abuses of the sovereign. In the end, recommend to students the following
thought: the easier we allow the forces of the criminal law system to be used, the less free we will
all be in the end. The measure of a free society is, in many ways, how much we are willing to
harness government. Too much freedom in the hands of the sovereign may bring too little
freedom to those who deserve it most.
Then you might go into the general settings in which crimes against and by business have
evolved over the years. Possibly focus on the emerging willingness of states to pursue, and the
courts to convict, individual managers for criminal offenses committed in the name of corporate
gain. Unfortunately, the daily media is able to provide us with a more than adequate supply of
case scenarios to use as illustrative examples of the phenomenon.
The chapter moves from criminal procedure and general classification of crimes to the impact
of criminal law on corporate behavior. The chapter then wraps up with an overview of how both
individuals and business entities are protected from overzealous governmental intrusions into our
lives by way of key safeguards detailed in the U.S. Constitution. It is important to note to students
that these protections do not always necessarily apply equally to people and business entities.

II. Chapter Objectives

1. List and describe the essential elements of a crime.

2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial.
3. Identify and define business and white-collar crimes.
4. List and describe cyber crimes.

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5. Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth
Amendments to the U.S. Constitution.

III. Key Question Checklist

• All crimes are specifically defined by federal, state, or local statute. Would the behavior in
question fall under the purview of the applicable statute?
• Have procedural and substantive due process requirements been met?
• If there is a problem with either substantive or procedural due process, what are the
consequences to the accused and the accuser?
• Is the statute in question good for the larger society as a matter of public policy?

IV. Text Materials

I suggest that you key your presentations to the chapter highlights used by Professor Cheeseman.
These move from criminal procedure and general classification of crimes to the impact of
criminal law on corporate behavior. The chapter then wraps up with an overview of how both
individuals and business entities are protected from overzealous governmental intrusions into our
lives by way of key safeguards detailed in the U.S. Constitution. It is important to note to students
that these protections do not always necessarily apply equally to people vis-à-vis business
entities.

Introduction to Criminal Law and Cyber Crimes

Criminal laws are intended to provide an incentive for people to act reasonably and be protected
from injury, while establishing the penalties for persons that violate these laws. Federal, state, and
local governments have all established criminal laws in order to protect their citizens and their
property from injuries from others, with the idea that establishing penalties for those that violate
these laws, there will be an incentive for people to act in a reasonable manner.
In the United States, a person is presumed innocent until proven guilty, and the burden of
proof is upon the government. In U.S. criminal trials, the burden of proof rests upon the
government to prove the charge beyond a reasonable doubt, which means that a unanimous vote
is required to find someone guilty.

Definition of a Crime
A crime is an act in violation of the duties one owes to society, for which the law provides that
amends shall be made.

Penal Codes and Regulatory Statutes – Both the federal government and the states have
adopted comprehensive penal codes that define activities that are considered to be crimes within
their jurisdictions. The penalties applied include fines and imprisonment. Imprisonment serves
several purposes: incapacitation of the criminal, rehabilitation, as a deterrent for others, and to
inhibit personal retribution.

Parties to a Criminal Action – In criminal cases, the plaintiff is the government and the accused
is the defendant.

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Classification of Crimes – Crimes are classified as felonies, misdemeanors, and violations.

Felonies are the most serious, and include all crimes that are mala in se. Punishment ranges from
fines and imprisonment to death. Misdemeanors are less serious crimes that are mala prohibita,
and usually result in fines and/or imprisonment for one year or less. Violations are crimes like
jaywalking and traffic violations, which are punishable with fines and occasionally a few days of
imprisonment.

Intent Crimes – Most crimes require proof of intent. In order to find a person guilty of a crime,
the government must prove that there was a criminal act (actus reus or guilty act) performed and
that the accused must have had intended to commit the crime (mens rea or evil intent),
intentionally (specific intent) or through reckless behavior (general intent). Mens rea is not
required to impose criminal liability in cases of strict or absolute liability, which is usually
imposed under regulatory statutes.

Nonintent Crimes – Nonintent crimes are often imposed for reckless or grossly negligent
conduct that causes injury to another person. The crime of involuntary manslaughter is a
nonintent crime.

Contemporary Environment: Criminal Acts as the Basis for Tort Actions

An individual can bring a civil tort action against a wrongdoer, which is separate from the
government’s action. In most cases, a person injured by a criminal act will not sue to recover civil
damages because the criminal is often judgment proof, meaning he does not have the money to
pay a civil judgment.
Business Ethics – Martha Stewart was charged with criminal conspiracy, lying to the federal
government, and obstruction of justice for her role as a tippee in the ImClone case. She chose to
serve four and a half months in jail and was released on probation, even though she is currently
appealing the verdict.

Critical Legal Thinking – The burden of proof is due to the requirement that the government
prove its case to the full extent. The difference is based upon the Constitutional protection for
individuals against their own government and government power. The jury vote, if the trial held
is not a bench trial, reflects the difference in the burden of proof which is required to be met.

Criminal Procedure
Arrest – Police usually obtain an arrest warrant, a document issued by a judge requiring the
detainment of a suspect based on a showing of probable cause that the person has committed a
crime. Warrantless arrests may be made when there is no time for the police to obtain a warrant.

Bail Bond – In order to be released from jail while awaiting trial, most persons must post a bond.

Indictment or Information – A grand jury may issue an indictment or a judge might issue a
magistrate’s information statement, which are formal charges of a felony crime or misdemeanor,
respectively. Evidence of serious crimes is presented to the grand jury and in lesser crimes, the
evidence is heard by a judge. After hearing the evidence, the judge will determine if there is
sufficient evidence to hold the accused for trial, but they will not determine guilt.

Arraignment – An arraignment is when the accused is brought before a court, read the charges
against him/her, and is asked to enter a plea of guilty, not guilty, or nolo contendere. A plea of
nolo contendere means that the accused does not admit to guilt, but agrees to the imposition of a

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penalty, and the government has the option of accepting this, or requiring a guilty or not guilty
plea be entered.

Plea Bargaining – This situation allows the accused to admit guilt to the crime with which he/she
is charged or to a lesser crime, in return for a sentence that is usually less than would have been
imposed if a trial had been held. The sentence must be approved by the judge.

Criminal Trial – All jurors must unanimously agree before the accused is found guilty. If they
all concur that the accused is innocent, they return a verdict of not guilty. The defendant can
appeal a guilty finding, but the government cannot appeal a finding of not guilty. If the jury
cannot come to a unanimous decision, it is considered to be a hung jury and the government
may choose to retry the case.

Critical Legal Thinking – An innocent person should not be plea bargaining on a case. That
being said, perhaps the plea closes out other criminal investigations underway by the government
where there is criminal liability. The government plea bargains cases for many reasons. One is
to save taxpayer money and time. In today’s legal society, many lawyers do not have the
requisite experience to try a criminal case as well.

Common Crimes
There are several crimes against persons and business property including theft, misappropriation,
and fraudulent taking.

Murder – Murder is the unlawful killing of another with malice aforethought.

Felony Murder – Murder committed during the commission of a crime, without intent, is called
felony murder, and most states hold that all parties involved in the crime, even those that were not
involved in the murder, will be charged under this rule.

Involuntary manslaughter – The intentional killing of a human being by another person that is
not premeditated or planned in advance and that is committed under circumstances that would
cause a reasonable person to become emotionally disturbed.

Robbery – Robbery is the taking of personal property from another person by use of force or
fear. Aggravated or armed robbery occurs when the perpetrator uses a deadly weapon in
committing the crime.

Burglary – In common law, burglary was the breaking and entering into a dwelling at night, but
modern courts have expanded this to include daytime thefts and all buildings.

Larceny – The wrongful and fraudulent taking of another person’s property is larceny. Most
personal property is subject to larceny.

Theft – Some states have dropped the distinction between robbery, larceny, and burglary, and
have grouped these crimes under the general heading of theft. It is subdivided by the value of the
property taken into petit theft and grand theft.

Receiving Stolen Property – This crime entails a person knowingly receiving stolen tangible
property with the intent of depriving the rightful owner of the property.

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Arson – Traditionally, the malicious and willful burning of another’s dwelling is arson, but
modern law has extended this to all types of building—private, public, and commercial.

Ethics: Murder Conviction Upheld on Appeal

I would have imposed the longest sentence available under law. The appeal is the defendant’s
right to pursue.

Business and White-Collar Crimes

Crimes of a type that are usually committed by businesspersons are called white-collar crimes,
and usually involve deceit and cunning.

Forgery – If a written document has been altered or is fraudulently altered so as to affect the
legal liability of another, as in counterfeiting, falsifying public records, or the altering of legal
documents, it is considered to be forged.

Embezzlement – Embezzlement is the fraudulent conversion of property by a person to whom

the property was entrusted, usually an employee, an agent, or some other representative.

Bribery – The most prevalent form of white-collar crime is bribery, where one person offers
another person money, property, or something of value in exchange for a favor in return, usually
referred to as a kickback or a payoff.

Extortion – Extortion is the crime of obtaining property from another, with their consent, but
through the use of threatened force, violence, or fear. Extortion by individuals is often in the form
of blackmail, while extortion by public officials is usually considered to be extortion under the
color of official right.

Criminal Fraud – Criminal fraud is committed by obtaining title to property through deceit or
trickery.

Mail and Wire Fraud – Federal law makes it a crime to use the mail system or the wire system,
consisting of telegraphs, telephones, or the Internet, to defraud someone.

Money Laundering – It is a federal crime to knowingly participate in a monetary transaction

employing financial institutions involving property of more than $10,000 or in any financial
transaction which involves the proceeds of an illegal activity. Fines can be up to $500,000 or
twice the value of the property, whichever is larger, and up to 20 years in prison. This act is
regulated by the Money Laundering Control Act.

Racketeer Influenced and Corrupt Organizations Act (RICO) – RICO is a federal statute that
makes it illegal to acquire or maintain any interest in, use income from, or conduct or participate
in the affairs of an enterprise through any pattern of racketeering activity, including arson,
gambling, robbery, counterfeiting, dealing in narcotics, embezzlement, or mail or wire fraud, to
name a few. A pattern is defined as any two acts in a ten-year period. People found in violation
can be sentenced to up to 20 years and $25,000 per violation.

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Criminal Conspiracy – When two or more persons enter into an agreement to commit a crime, it
is considered a criminal conspiracy. An overt act is required, but not the actual commission of the
crime.

Business Environment: Corporate Criminal Liability

Corporations have generally been held to lack the mens rea to commit a crime; after all, they are
not alive, and only act through their agents. The courts have held, though, that they are criminally
liable for the actions of their agents, managers, and employees. They cannot be imprisoned, but
they can be fined, lose a license, or disbanded. The corporate directors, officers, and employees
can be held individually liable for the crimes that they commit personally.
Critical Legal Thinking Questions – Criminal liability is imposed on corporations because
corporations are considered, for many purposes of the law, to be persons. And, a natural person
is held to criminal standards. Recently, under the Eric Holder reign as U.S. Attorney General, we
have not seen many prosecutions of white-collar crimes against executives.

Cyber Crimes
The government has had to apply existing laws to newer mediums and develop new laws to attack
digital crimes.

Digital Law: Internet Fraud and Identity Theft

In identity theft—or ID theft—one person steals information about another person to pose as that
person and take the innocent person’s money or property or to purchase goods and services using
the victim’s credit information.
The Internet and Information Age has made it possible for cyber crimes. Congress responded
by enacting the Information Infrastructure Protection Act (IIP Act). In this federal law, Congress
addressed computer-related crimes as distinct offenses. The IIP Act provides protection for any
computer attached to the Internet.

Information Infrastructure Protection (IIP) Act – In 1996, Congress passed the IIP Act to
address computer-related crimes where unauthorized persons access and obtain information from
any protected computer system, with penalties of up to ten years in jail, in addition to fines.

Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA) – The Act, as
amended, makes it a federal crime to access a computer knowingly to obtain (1) restricted federal
government information, (2) financial records of financial institutions, or (3) consumer reports of
consumer reporting agencies.

Case 8.1 Computer Crime: United States v. Barrington

648 F.3d 1178, 2011 U.S. App. Lexis 16535 (2011), United States Court of Appeals for the
Eleventh Circuit
Facts: Three persons participated in a Internet-based computer grading scheme at a Florida
university.
Issue: Is guilt and the term of the criminal sentence proper?
Decision: Yes.
Case Questions: It is unclear from the facts whether Barrington was offered a plea. What is
clear from the court’s language is that Barrington lied while under oath regarding the scheme. It
seems as though the judge, including the appellate court, believed that Barrington’s anti-social
tendencies needed to be addressed through a long prison sentence.

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Chapter 8

Protection against Unreasonable Search and Seizure

The Fourth Amendment protects individuals and corporations from unreasonable search and
seizure; that is, searches carried out without the benefit of search warrants issued by the court
authorizing the police or federal agents to search a designated place for specific items, or
warrantless searches carried out incident to arrest, where evidence is in plain view, or when it is
likely that the evidence will be destroyed.

Case 8.2 Search: Navarette v. California

134 S.Ct. 1683, 2014 U.S. Lexis 2930 (2014), Supreme Court of the United States
Facts: A truck ran a driver off the road. Ultimately, the police stopped the truck and searched it
because the driver called 911.
Issue: Did the stop and search of the truck violate the Fourth Amendment?
Decision: The search was warranted, in part, based on the 911 call.
Ethics Questions: There is a possibility someone would make a false 911 call. However, that
too, is a criminal act of fraud. And, I would think, could be prosecuted.

Exclusionary Rule – The exclusionary rule permits evidence to be excluded from trial if it is
obtained subsequent to an unreasonable search and seizure. However, the good faith exception to
the exclusionary rule permits even this tainted evidence to be introduced, provided the officers
conducting the search reasonably believed that they were acting pursuant to a lawful search
warrant.

Critical Legal Thinking – This is a key case in ensuring that the balance of power in this country
between the government and its citizens is in check.

Case 8.3 Search: Maryland v. King

133 S.Ct. 1958, 2013 U.S. Lexis 4165 (2013), Supreme Court of the United States
Facts: An armed man broke into a woman’s home and raped her.
Issue: Was it proper to collect DNA in this instance or was that an unreasonable search?
Decision: The High Court believes the search was reasonable through a cheek swab.
Ethics Questions: DNA evidence is some of the most accurate evidence available.

Case 8.4 Search of Cell Phones: Riley v. California and United States v. Wurie
134 S.Ct. 2473, 2014 U.S. Lexis 4497 (2014), Supreme Court of the United States
Facts: Two cases were combined for a key decision by the High Court. Gang related information
was discovered by police on a cell phone, which the police searched without a warrant. The
information led to an attempted murder conviction with a 15-year prison sentence. In another
case, police arrested a suspect for a drug sale and took his phone as a part of the arrest. The
phone information led them to a large drug bust of crack cocaine and the like. A conviction for
distribution of crack cocaine ensued.
Issue: Is it possible to conduct a warrantless search of a cell phone?
Decision: These are searches incident to arrest with the principle applied to cell phones. The
Supreme Court said that a cell phone’s digital information may not be searched without a warrant.
Ethics Questions: Students’ thoughts on these questions will vary.

Searches of Business Premises – Usually, businesses cannot be subjected to warrantless

searches unless they fall under certain statutory procedures.

Privilege against Self-Incrimination

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The Fifth Amendment provides that no person can be compelled in any criminal case to give
evidence against him/herself. We speak of those asserting this privilege as pleading or taking the
Fifth. Only individuals are protected by this, not business entities, so business records are not
protected.

Miranda Rights – The warning that is read to a criminal suspect who is in the custody of police
or government agents before they are interrogated is called the Miranda Rights. Those rights
include the right to remain silent, that anything that you say can be used against you in court, that
you have the right to have an attorney present when you are being questioned, and that if you
cannot afford an attorney, one will be provided for you.

Critical Legal Thinking – Almost all criminal defendants do not take the stand. The policy is
that that self will is superior to the will of the state.

Case 8.5 Miranda Rights: Ragland v. Commonwealth of Kentucky

191 S.W.3d 569, 2006 Ky. Lexis 251 (2006), Supreme Court of Kentucky
Facts: A college student was shot and killed. Six years later, the police were able to identify a
suspect based on a tip from a third party. The suspect was interrogated by police. At trial, some
of the information provided to the police during the interrogation was used.
Issue: Did the defendant get his Miranda Rights during the interrogation?
Decision: Yes, and this case discusses the classic timing of Miranda Rights and when they apply.
Ethics Questions: It is likely many suspects have no idea what Miranda Rights are and may not
even understand the questions when being asked by the police. When in doubt, ask for a lawyer
and take the Fifth immediately.

Attorney Client Privilege and Other Privileges – The Fifth Amendment protects all
communications between a client and their attorney, preventing the attorney from being called as
a witness against their own client. Other privileged parties are psychiatrist/psychologist – patient,
priest/minister/rabbi – penitent, spousal privileges, and parent – child. About twenty states have
enacted special accountant – client privileges.

Immunity from Prosecution – A governmental agency may agree not to use any evidence given
by a person against them. At this point, the person loses the right to take the Fifth, and must
deliver up all information as required.

Other Constitutional Protections

Fifth Amendment Protection Against Double Jeopardy – The Fifth Amendment prevents
people from being tried twice for the same crime within the same jurisdiction.

Sixth Amendment Right to a Public Jury Trial – The Sixth Amendment guarantees that an
accused has the right to be tried by an impartial jury in the locale where the crime was committed,
that they have the right to cross-examine witnesses against them, that they can have the assistance
of a lawyer, and that they have the right to a speedy trial.

Eighth Amendment Protection Against Cruel and Unusual Punishment – The Eighth
Amendment protects the accused from torture and other abusive punishment, but not from capital
punishment.

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Global Law: France Does Not Impose the Death Penalty

There is no death penalty in France.

V. Key Terms and Concepts

• Accountant–client privilege—An accountant cannot be called as a witness against a client in

a court action in a state where these statutes are in effect.
• Actus reus—The actual performance of a criminal act
• Arraignment—A hearing during which the accused is brought before a court and is (1)
informed of the charges against him or her, and (2) asked to enter a plea.
• Arrest—Before the police can arrest a person for the commission of a crime, they usually
must obtain an arrest warrant based on a showing of probable cause.
• Arrest warrant—A document for a person’s detainment, based on a showing of probable
cause that the person committed a crime.
• Arson—The willful or malicious burning of a building.
• Attorney-client privilege—A rule that says a client can tell his or her lawyer anything about
the case without fear that the attorney will be called as a witness against the client.
• Bail—When a person is arrested, a bail amount is usually set by the court.
• Bail bond—The arrestee (or a relative or friend) pays a bail bonds professional who operates
a bail bonds business to post a bail bond with the court.
• Beyond a reasonable doubt—The accused must be found guilty beyond a reasonable doubt.
• Blackmail— Extortion of private persons is commonly referred to as blackmail.
• Booking—Booking is the administrative procedure for recording an arrest, fingerprinting the
suspect, taking a photograph of the suspect (often called a “mug shot”), and so on.
• Bribery—A crime in which one person gives another person money, property, favors, or
anything else of value for a favor in return. A bribe is often referred to as a payoff or
kickback.
• Burden of proof—The burden of proof in a criminal trial is on the government to prove that
the accused is guilty of the crime charged.
• Burglary—The taking of personal property from another’s home, office, or commercial or
other type of building.
• Capital murder—First degree murder
• Civil RICO—Persons injured by a RICO violation can bring a private civil RICO action
against the violator to recover for injury to business or property.
• Common crime—Many common crimes are committed against persons and property.
• Corporate criminal liability—Modern courts impose corporate criminal liability. These courts
have held that corporations are criminally liable for the acts of their directors, officers, and
employees.
• Counterfeit Access Device and Computer Fraud and Abuse Act—This act makes it a federal
crime to access a computer knowingly to obtain (1) restricted federal government
information, (2) financial records of financial institutions, or (3) consumer reports of
consumer reporting agencies.
• Crime—A crime is a violation of a statute for which the government imposes a punishment.
• Criminal act—“Guilty act”—the actual performance of a criminal act.
• Criminal conspiracy—A crime in which two or more persons enter into an agreement to
commit a crime and an overt act is taken to further the crime.
• Criminal fraud—A crime that involves obtaining title to property through deception or
trickery.

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• Criminal intent—Most crimes require criminal intent to be proven before the accused can be
found guilty of the defined crime.
• Criminal law—Federal, state, and local governments’ criminal laws are intended to afford
this protection by providing an incentive for persons to act reasonably in society and
imposing penalties on persons who violate them.
• Criminal RICO—RICO makes it a federal crime to acquire or maintain an interest in, use
income from, or conduct or participate in the affairs of an enterprise through a pattern of
racketeering activity.
• Cruel and unusual punishment—A clause of the Eighth Amendment that protects criminal
defendants from torture or other abusive punishment.
• Cyber crime—A crime that is committed using computers, e-mail, the Internet, or other
electronic means.
• Defendant—In a criminal lawsuit, the accused, which is usually an individual or a business, is
the defendant.
• Defense attorney—In a criminal lawsuit, the accused is represented by a defense attorney.
• Double jeopardy clause—A clause of the Fifth Amendment that protects persons from being
tried twice for the same crime.
• Eighth Amendment—The Eighth Amendment protects criminal defendants from cruel and
unusual punishment.
• Embezzlement—The fraudulent conversion of property by a person to whom that property
was entrusted.
• Exclusionary rule—A rule that says evidence obtained from an unreasonable search and
seizure can generally be prohibited from introduction at a trial or an administrative
proceeding against the person searched.
• Extortion—A threat to expose something about another person unless that other person gives
money or property. Often referred to as blackmail.
• Extortion under color of official right—Extortion of public officials is called extortion under
color of official right.
• Felony—The most serious type of crime; an inherently evil crime. Most crimes against
persons and some business-related crimes are felonies.
• Felony murder rule—Most states hold the perpetrator liable for the crime of murder in
addition to the other crime. This is called the felony murder rule.
• Fifth Amendment—The Fifth Amendment to the U.S. Constitution provides that no person
“shall be compelled in any criminal case to be a witness against himself.”
• Forgery—The fraudulent making or alteration of a written document that affects the legal
liability of another person.
• Fourth Amendment—The Fourth Amendment to the U.S. Constitution protects persons and
corporations from overzealous investigative activities by the government.
• General intent crime—A crime that requires that the perpetrator either knew or should have
known that his or her actions would lead to harmful results.
• Grand jury—Evidence of serious crimes, such as murder, is usually presented to a grand jury.
• Guilty—An accused may plead guilty or not guilty.
• Hung jury—A jury that cannot come to a unanimous decision about the defendant’s guilt. In
the case of a hung jury, the government may choose to retry the case.
• Identity theft—In identity theft—or ID theft—one person steals information about another
person to pose as that person and take the innocent person’s money or property or to purchase
goods and services using the victim’s credit information.
• Identity Theft and Assumption Deterrence Act—To address the growing problem of ID theft,
Congress enacted the Identity Theft and Assumption Deterrence Act.
75
Copyright ©2016 Pearson Education, Inc.
Chapter 8

• Immunity from prosecution—The government’s agreement not to use against a person

granted immunity any evidence given by that person.
• Indictment—The charge of having committed a crime (usually a felony), based on the
judgment of a grand jury.
• Information—The charge of having committed a crime (usually a misdemeanor), based on
the judgment of a judge (magistrate).
• Information Infrastructure Protection Act—Congress addressed computer-related crimes as
distinct offenses. The IIP Act provides protection for any computer attached to the Internet.
• Intent crime—A crime that requires the defendant to be found guilty of committing a criminal
act (actus reus) with criminal intent (mens rea).
• Involuntary manslaughter—The crime of involuntary manslaughter is a nonintent crime.
• Judgment proof—In many cases, a person injured by a criminal act will not sue the criminal
to recover civil damages because the criminal is often judgment proof—that is, the criminal
does not have the money to pay a civil judgment.
• Kickback—The crime of commercial bribery entails the payment of bribes to private persons
and businesses. This type of bribe is often referred to as a kickback, or payoff.
• Larceny—The taking of another’s personal property other than from his or her person or
building.
• Magistrate—For lesser crimes (e.g., burglary, shoplifting), the accused will be brought before
a magistrate (judge).
• Mail fraud—The use of mail to defraud another person.
• Mala in se—Felonies include crimes that are mala in se—that is, inherently evil.
• Mala prohobita—Misdemeanors are less serious than felonies. They are crimes mala
prohibita; that is, they are not inherently evil but are prohibited by society.
• Mens rea—“Evil intent”—the possession of the requisite state of mind to commit a
prohibited act.
• Miranda rights—Rights that a suspect must be informed of before being interrogated, so that
the suspect will not unwittingly give up his or her Fifth Amendment right.
• Misdemeanor—A crime that is less serious than a felony; not inherently evil but prohibited
by society. Many crimes against property are misdemeanors.
• Money laundering—In order to “wash” the money and make it look as though it was earned
legitimately, many criminals purchase legitimate businesses and run the money through those
businesses to “clean” it before they receive the money.
• Money Laundering Control Act—A federal statute that makes it a crime to (1) knowingly
engage in a money transaction through a financial institution involving property from an
unlawful activity worth more than $10,000, and (2) knowingly engage in a financial
transaction involving the proceeds of an unlawful activity.
• Murder—The unlawful killing of a human being by another with malice aforethought—the
element of mens rea (guilty mind).
• Nolo contendere—A party may enter a plea of nolo contendere whereby the accused agrees to
the imposition of a penalty but does not admit guilt.
• Nonintent crime—A crime that imposes criminal liability without a finding of mens rea
(intent).
• Not guilty—An accused may plead guilty or not guilty.
• Parent-child privilege—A privilege granted to an accused through the Fifth Amendment to
the U.S. Constitution to keep his or her child or his or her parent from testifying against him
or her; a child or parent may testify against his or her parent or child where the accused is
charged with harming his or her child or parent.
• Penal code—A collection of criminal statutes.

76
Copyright ©2016 Pearson Education, Inc.
 Criminal Law and Cyber Crimes

• Plaintiff—In a criminal lawsuit, the government (not a private party) is the plaintiff.
• Plea—If an indictment or information is issued, the accused is brought before a court for an
arraignment proceeding, during which the accused is (1) informed of the charges against him,
and (2) asked to enter a plea.
• Plea bargain—An agreement in which the accused admits to a lesser crime than charged. In
return, the government agrees to impose a lesser sentence than might have been obtained had
the case gone to trial.
• Presumed innocent until proven guilty—A person charged with a crime in the United States
is presumed innocent until proven guilty.
• Priest/rabbi/minister/imam-penitent privilege—The accused may tell the truth in order to
repent, be given help, and seek forgiveness for his deed.
• Privilege against self-incrimination—The Fifth Amendment provision that a person may not
be required to be a witness against himself or herself in a criminal case. This is called the
privilege against self-incrimination.
• Probable cause—Evidence of the substantial likelihood that a person either committed or is
about to commit a crime.
• Prosecutor—In a criminal lawsuit, the government is represented by a lawyer called the
prosecutor or prosecuting attorney.
• Psychiatrist/psychologist patient privilege—The accused may tell the truth in order to seek
help for his condition.
• Public defender—In a criminal lawsuit, if the accused cannot afford a private defense lawyer,
the government will provide one free of charge. This government defense attorney is often
called a public defender.
• Racketeer Influenced and Corrupt Organizations Act—A federal act that provides for both
criminal and civil penalties for racketeering.
• Reasonable search and seizure—Reasonable search and seizure by the government is lawful.
• Receiving stolen property—A crime that involves (1) knowingly receiving stolen property,
and (2) intending to deprive the rightful owner of that property.
• Regulatory statutes—Statutes such as environmental laws, securities laws, and antitrust laws
that provide for criminal violations and penalties.
• Right to a public jury trial—The Sixth Amendment guarantees that a criminal defendant has
the right to a public jury trial.
• Robbery—The taking of personal property from another person by the use of fear or force.
• Search warrant—A warrant issued by a court that authorizes the police to search a designated
place for specified contraband, articles, items, or documents. A search warrant must be based
on probable cause.
• Second-degree murder—Intentional killing that is not premeditated or planned in advance.
• Self-incrimination—The Fifth Amendment states that no person shall be compelled in any
criminal case to be a witness against him or herself.
• Specific intent crime—A crime that requires that the perpetrator intended to achieve a
specific result from his or her illegal act.
• Sixth Amendment—The Sixth Amendment guarantees that a criminal defendant has the right
to a public jury trial.
• Speedy Trial Act—The federal statute that requires that a federal defendant be brought to trial
within 70 days after indictment.
• Spouse-spouse privilege—A privilege granted to an accused through the Fifth Amendment to
the U.S. Constitution to keep his or her spouse from testifying against him or her; a spouse
may testify against his or her spouse where the accused spouse is.

77
Copyright ©2016 Pearson Education, Inc.
Chapter 8

• Theft—If a person pick pockets somebody’s wallet, it is not robbery because there has been
no use of force or fear. This is a theft.
• Unanimous decision—If the jury cannot come to a unanimous decision about the defendant’s
guilt one way or the other, the jury is considered a hung jury.
• Unreasonable search and seizure—Protection granted by the Fourth Amendment for people to
be free from unreasonable search and seizure by the government.
• Violation—A crime that is neither a felony nor a misdemeanor that is usually punishable by a
fine.
• Voluntary manslaughter—Intentional killing that is not premeditated and that is committed
under circumstances that would cause a reasonable person to become emotionally disturbed.
• Warrantless arrest—An arrest that is made without obtaining an arrest warrant. The arrest
must be based on probable cause and a showing that it was not feasible to obtain an arrest
warrant.
• White-collar crime—A type of crime that is prone to being committed by businesspersons.
• Wire fraud—The use of telephone or telegraph to defraud another person.

78
Copyright ©2016 Pearson Education, Inc.
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