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Sunday 17 March 2013

Types of Crimes

Types of Crimes

Violent Crimes.

Ø  Murder, sexual assault, rape, robbery.

Property Crimes.

Ø  Burglary, larceny, theft of trade secrets, theft of services, arson, receipt of stolen goods, forgery.

“White Collar” Crimes

Crimes occurring in the business context using non-violent means to obtain personal or business advantage.

Ø  Embezzlement.

Ø  Mail or Wire Fraud (federal).

Ø  Bribery.

Ø  Bankruptcy Fraud (federal).

Ø  Insider trading (federal).

Ø  Theft of Trade Secrets  (federal).

Organized Crime

Operates illegitimately by providing illegal goods and services:

Ø  Money Laundering.

Ø  RICO (criminal and civil liability).

Defenses to Criminal Liability

Infancy (juvenile).

Involuntary Intoxication: is a defense if person was incapable of understanding act.

Insanity: defendant lacked substantial capacity to appreciate the wrongfulness of act or to conform act to law.

Ø  Mistake.

Ø  Duress.

Ø  Consent.

Self-Defense of People and Property: use deadly force if reasonable belief of immanent death or serious injury; cannot use deadly force to protect property alone.  

Necessity: criminal act necessary to prevent greater harm.

Entrapment: prevents government from encouraging crimes.  Key issue: was the defendant pre disposed to commit the act?

Statute of Limitations.

Immunity.

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