Chapter 6 Review Criminal Law In general a crime consists of two elements 1 The wrongful or overt act actus reas 2 The criminal or mental intent mens rea Three possible types of subjective fault 1 Purposeful 2 Knowing 3 Reckless Objective fault gross deviation from the standard of care that a reasonable person would observe under given circumstances Vicarious liability imposed upon one person for the acts of another Cybercrime based on whether the computer was the instrument or the target of the crime Following crimes against property 1 Larceny 2 Embezzlement 3 False pretenses 4 Robbery 5 Burglary 6 Extortion or bribery 7 Forgery 8 Bad checks Larceny 1 Trespassory 2 Taking and 3 Carrying away of or exercising dominion or control over 4 Personal property 5 Or another 6 With the intent to deprive the victim permanently of the good Embezzlement the fraudulent conversion of another s property by one who was in lawful possession of it False pretenses crime of obtaining title to property of another by making materially false representations of an existing fact with knowledge of their falsity and with the intent to defraud Robbery larceny with two additional elements 1 Property is taken directly from the victim or in the immediate presence of the victim 2 The act is accomplished through either force or threat of force Burglary breaking and entering the dwelling of another at night with the intent to commit a felony Extortion or blackmail held to be the making of threats for the purpose of obtaining money or property Bribery offer of money or property to a public official to influence the officials decision Forgery intentional falsification or false making of a document with the intent to defraud Bad checks writing a check when there is not enough money in the account to cover the check Defenses to Crimes 1 Defense of person or property 2 Duress threatened with immediate serious bodily harm unless they engage in criminal activity 3 Mistake of fact honest and reasonable 4 Entrapment when a law enforcement official induces a person to commit a crime when that person would have so without the persuasion of the police official Steps in Criminal Prosecution 1 Preliminary hearing determine whether there is probable cause to believe the defendant is the one who committed the crime 2 Indictment true bill if it finds sufficient evidence to justify a trial on the charge brought 3 Information formal accusation of a crime brought by a prosecuting officer not a grand jury 4 Arraignment defendant is brought before the trial court where he is informed of the charge against him and where he enters his plea Differences than Civil 1 The defendant is presumed innocent 2 The burden of proof on the prosecution is to prove beyond a reasonable doubt 3 The defendant is not required to testify 5th amendment protects persons against self incrimination double jeopardy and being charge with a capital or infamous crime except by a grand jury indictment 6th amendment provides that the federal government shall provide the accused with a speedy and public trial by an impartial jury inform him of the nature and cause of the accusation confront him with the witnesses against him have compulsory process for obtaining witnesses in his favor and allow him to obtain the assistance of counsel for his defense