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Civil Rights
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FAQ
What is a felony?
A felony will depend on the potential nature of punishment. If a law provides for imprisonment for longer than a year, the crime is usually considered a felony.
What is meant by aiding and abetting a crime?
When a person is charged with aiding or abetting a crime, it is not necessary that he/she be present when the crime is committed. It would be enough if he/she has knowledge of the crime and may assist in its commission through advice, actions, or financial support. A person charged with aiding and abetting or accessory is usually not present when the crime itself is committed, but he or she has knowledge of the crime before or after the fact, and may assist in its commission through advice, actions, or financial support.
What are the "Miranda" Rights?
Anyone in police custody must be told four things before being questioned which are generally called Miranda Rights after the famous verdict of the Supreme Court. These include: • The person has the right to remain silent. • Anything the person says can and will be used against him /her in a court of law. • The person has the right to an attorney. • If the person cannot afford an attorney, one will be appointed for him/her.
What happens if the police fail to advise a person of his/her Miranda Rights?
When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary and cannot be used against the suspect in any criminal case. Any evidence discovered as a result of that statement or confession will likely to be thrown out of the case.
What are false pretenses?
False pretenses is the crime of obtaining title to the property of another by an intentional (or knowingly) false statement of past or existing facts with intent to defraud the rightful owner. The difference between false pretenses and larceny is what is obtained by the deceit. If possession of the property is obtained, the crime is larceny; if title to the property is obtained, then the crime is false pretenses.
What is a search or seizure?
People have a right to be secure in their homes from unreasonable government searches. The question of what is unreasonable is the subject of ongoing debates. It is clear that the police cannot search a person’s home without a warrant. A warrant is a piece of paper signed by a judge that describes the place to be searched and the people or things that can be seized. A judge makes a decision to sign a warrant after hearing from someone, usually a police officer, as to the sufficiency of reasons why the warrant should be issued. The rules surrounding searches and seizure may also apply to cars, offices, and individuals walking down a street.
Can the police ever search without a warrant?
There are numerous circumstances under which a search may lawfully be made without a warrant. The search can be conducted without a warrant if the safety of the police officer is involved. It may also depend on whether the police are in hot pursuit of a criminal or when they see illegal evidence in plain view. If a person consents to being searched, and/or if a lawful arrest has been made the police can search without a warrant.
What is false imprisonment?
In most states, false imprisonment is defined to be the misdemeanor crime of the unlawful confinement of a person without his valid consent. Generally, false imprisonment is accomplished by force or threat of force. Consent must be given of one's own free will; consent obtained by coercion or threat is not considered valid.
What is kidnapping?
Kidnapping is an aggravated form of false imprisonment. It usually involves the transportation or concealment of the person.
What is robbery?
Robbery is defined to be the taking of personal property of another from the other's person or presence by force or intimidation with the intent to permanently deprive him/her of it. There must be force involved and the victim must be present. Robbery is considered a felony in all states. Aggravated robbery is generally defined to involve the use of a deadly weapon.
What is burglary?
Burglary is defined to be the breaking and entry of the dwelling of another with the intent of committing a felony therein. Burglary must involve some sort of force; however, depending on the state, this can be defined loosely, as in the force required to open an unlocked door, or entering by means of fraud.
What is arson?
Arson is defined at common law to be the malicious burning of the dwelling of another. There must be damage incurred in the building, and the damage must have been caused by a fire (not, for example, an explosion).
What are Credit and Debit Card Fraud?
Credit/debit card fraud is committed when one person fraudulently obtains, takes, signs, uses, sells, buys, or forges someone else’s credit or debit card or card information. If a person uses his or her own card with the knowledge that it is revoked or expired or that the account lacks enough money to pay for the items charged a person commits credit/debit card fraud. If a person sells goods or services to someone else with knowledge that the credit or debit card being used was illegally obtained or is being used without authorization then it constitutes a fraud.
What are Pyramid Schemes?
Pyramid schemes are a criminal form of investment fraud in which a large return on a small amount of money is promised, if the initial investor convinces new recruits to invest their own money in turn. The pyramid is built on the belief that others will continue to add their own money into the scheme. But once additional investors become scarce, the pyramid collapses and large amounts of money can be lost. Increasingly, pyramid schemes are conducted via the Internet and e-mail.
What are Racketeering or Racketeer Influenced and Corrupt Organization (RICO)?
Federal and state racketeering, profiteering, and RICO (racketeer-influenced and corrupt organization) laws make it illegal for criminal organizations to profit from any legitimate business operations. Many of these laws allow for the confiscation and seizure of the criminal organizations legitimate enterprise assets, and are typically used against known "organized crime" groups. The goal is to cripple the operation financially and cut off sources of cash that support ongoing criminal activity.
What is child abuse?
Child abuse is broadly defined in many states as any type of cruelty inflicted upon a child, including mental abuse, physical harm, neglect, and sexual abuse or exploitation. The specific crimes charged in instances of child abuse can include assault and battery.
What is conspiracy?
A criminal conspiracy exists when two or more people agree to commit almost any unlawful act and then take some action toward its completion. The action taken may not itself be a crime, but it must indicate that those involved in the conspiracy knew of the plan and intended to break the law. One person may be charged with and convicted of both conspiracy and the underlying crime based on the same circumstances.
What is identity theft?
Identity theft laws in most states make it a crime to misuse another person's identifying information, whether personal or financial. Such data (including social security numbers, credit history, and PIN numbers) is often acquired through the offender's unlawful access to information from government and financial entities, or lost or stolen mail, wallets and purses, identification, and credit or debit cards.
What is a computer crime?
Computer crime laws prohibit a person from performing certain acts without authorization, which includes accessing a computer, system, or network, modifying, damaging, using, disclosing, copying, or taking programs or data, introducing a virus or other contaminant into a computer system, using a computer in a scheme to defraud, interfering with someone else’s computer access or use, using encryption in aid of a crime, falsifying e-mail source information, and stealing an information service from a provider. This list is not exhaustive but merely illustrative.
What is insurance fraud?
Insurance fraud occurs most often when an insured individual or entity makes a false or exaggerated insurance claim, seeking compensation for injuries or losses that were not actually suffered. Insurance fraud can also be committed upon customers through the sale of unlicensed or bogus insurance coverage to unsuspecting clients or an insurance broker or agent's diversion or theft of insurance premiums paid by clients.
What is domestic violence?
Domestic violence refers to physical harm inflicted on one member of a household or family, by another member of the same household or family (usually between spouses). Domestic violence usually involves repetitive physical and psychological abuse, and a cycle of violence. Specific crimes charged vary based on 1) severity of the victim's injuries, 2) whether a minor was present, and 3) whether a protective or restraining order was violated.
What is indecent exposure?
It a crime to purposefully display one's genitals in public. Indecent exposure is often committed for the sexual gratification of the offender and may reach the level of a sexual assault if any physical contact is made.
What is Stalking?
Stalking laws pertain to a clear pattern of conduct in which the offender follows, harasses, or threatens another person, which puts that person in fear for his or her safety. An individual may be charged with stalking regardless of any pre-existing relationship with the victim.
What is Money Laundering?
Transferring money derived from almost any criminal activity (including organized crime, white-collar offenses, and drug transactions) into seemingly legitimate channels, in an attempt to disguise the origin of the funds is money laundering. It is a crime to indulge in such activity.
What is Telemarketing Fraud?
Laws related to telemarketing fraud commonly pertain to various deceptive schemes directed at consumers via unsolicited telephone calls, promising prize winnings and large cash windfalls that are non-existent or fraudulent. Telemarketing fraud schemes are often targeted toward the elderly.
Can the police break a door down and enter the house to arrest a person?
Laws related to this area are known as Knock and Announce rules. The general rule is that the police officers must announce their authority and purpose in executing a search warrant. Implied in this general rule is that a suspect should be given a reasonable amount of time to come to the door before the police barge in, as a matter of protecting individual privacy. On the other hand, the mere failure of the police to announce their purpose does not necessarily violate the Constitution; although, it may be a factor later on as to whether the search was reasonable. This is especially true in grave offences like drug trafficking etc.
 
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