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21 Cards in this Set
- Front
- Back
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To find the defendant not guilty of the crime for which he was tried.
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Acquit
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The guilty act. The prosecution must show that a criminal defendant committed some proscribed act. In a murder prosecution, taking another person's life is the actus reus.
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Actus reus
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A written statement signed under oath.
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Affidavit
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A person who acts for a principal.
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Agent
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Malicious use of fire or explosives to damage or destroy real estate or personal property.
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Arson
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Using punishment, such as imprisonment, to discourage criminal behavior.
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Deterrence
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Using punishment, such as imprisonment, to discourage criminal behavior.
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Duress
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Fraudulent conversion of property already in the defendant's possession.
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Embezzlement
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A criminal defense in which the defendant demonstrates that the government induced him to break the law.
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Entrapment
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In a criminal trial, a ban on the use of evidence obtained in violation of the Constitution.
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Exclusionary rule
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The most serious crimes, typically those for which the defendant could be imprisoned for more than a year.
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Felony
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The government's formal charge that a defendant has committed a crime.
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Indictment
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A criminal defense in which the defendant establishes that he broke the law to avoid a greater harm.
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Justification
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Taking personal property with the intention of preventing the owner from ever using it.
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Larceny
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Guilty state of mind.
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Mens rea
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A less serious crime, typically one for which the maximum penalty is incarceration for less than a year, often in a jail, as opposed to a prison.
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Misdemeanor
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Taking the profits of criminal acts and either (1) using the money to promote more crime or (2) attempting to conceal the money's source.
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Money laundering
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A request that the court exclude evidence because it was obtained in violation of the Constitution.
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Motion to suppress
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In a search and seizure case, it means that the information available indicates that it is more likely than not that a search will uncover particular criminal evidence.
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Probable cause
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The government's attempt to convict a defendant of a crime by charging him, trying the case, and forcing him to defend himself.
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Prosecution
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Giving a criminal defendant the punishment he deserves.
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Retribution
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