BLAW 2013 Lecture Notes - Lecture 4: Embezzlement, Mail And Wire Fraud, Double Jeopardy
22 Sep 2017
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Document Summary
Crime: wrong against society as proclaimed in a statue. Criminal law was almost called state law. Crimes used to always state crime cases. Jurisdiction: must have occurred within the state. Burden of proof: beyond a reasonable doubt. Double jeopardy: each sovereign gets one chance to prosecute. There can be civil liability for a criminal act. Levels of crimes: felonies, misdemeanors, and petty offenses. Failure to act is not a crime. Insider buy or sells securities with non public information. Banks with transactions in excess of 10,00 have to report it. Racketeering, lead to jail time or fines, triple damages. Requires two or more acts in a five year period. Justifiable use of force: reasonable force v deadly force. Retreat to wall v stand your ground. Must prove insane at the time of the act. Different tests are used in different states. Merely providing an opportunity, is not entrapment. Suspended if defendant is not in jurisdiction.
