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64 Cards in this Set
- Front
- Back
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Criminal law
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Prohibits conduct threatening to the people and social stability
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Guilty
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A court's finding that a defendant has committed a crime
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Restitution
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A court order that a guilty defendant reimburse the victim for the harm suffered
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Felony
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A serious crime, for which a defendant can be sentenced to one year or more in prison
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Misdemeanor
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A less serious crime, often punishable by less that a year in a county jail
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Specific deterrence
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Is intended to teach this defendant that crime carries a heavy price tag
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General deterrence
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Is the goal of demonstrating to society generally that crime must be shunned
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Retribution
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Giving back to the criminal precisely what they deserve
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Beyond a reasonable doubt
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The very high burden of proof in a criminal trial, demanding much more evidence and certainty than required in a civil trial
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Actus reus
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"The guilty act", The prosecution must prove that the defendant voluntarily committed a prohibited act
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Mens rea
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"A guilty state of mind", motive, intent
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General Intent
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The defendant intended to do the prohibited physical action
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Specific Intent
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The defendant willfully intended to do something beyond the physical act
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Criminal recklessness
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Consciously disregarding a substantial risk of injury
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Criminal negligence
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Gross deviations from reasonable conduct
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Strict Liability
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The prosecution must only prove actus reus
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Insanity
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Legal defense - A defendant who can prove that he was insane at the time of the criminal act will be declared not guilty
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M'Naghten Rule
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Regarding the legal defense, Insanity - The defendant must show (1) that he suffered a serious, identifiable mental disease and that because of it (2) he did not understand the nature of his act or did not know that it was wrong.
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Entrapment
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When the government induces the defendant to break the law, the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime
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Larceny
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The trespassory taking of personal property with the intent to steal it
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Fraud
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Deception used to obtain money or property
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Arson
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The malicious use of fire or explosives to damage or destroy real estate or personal property
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Embezzlement
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The fraudulent conversion of property already in the defendant's possession
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Computer Fraud and Abuse Act
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Prohibits using a computer to commit theft, espionage, trespass, fraud, and damage to another computer
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Access Device Fraud Act
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Outlaws the fraudulent use of cards, codes, account numbers, and other devices to obtain money, goods, or services.
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Identity Theft and Assumption Deterrence Act
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Bars the use of false identification to commit fraud or other crime
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Wire and Electronic Communications Interception Act
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Makes it a crime to intercept most wire, oral, and electronic communications
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Federal Sentencing Guidelines
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The detailed rules that judges must follow when sentencing defendants convicted of crimes in federal court
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Compliance program
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A plan to prevent and detect criminal conduct at all levels of the company
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Racketeer Influenced and Corrupt Organizations (RICO) Act
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A powerful federal statute, prohibits using two or more racketeering acts to: (1) invest in or acquire legitimate businesses with criminal money; (2) maintain or acquire businesses through criminal activity; (3) Operating businesses through criminal activity
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Treble Damages
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A judgement for three times the harm actually suffered.
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Racketeering Acts
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Any of a long list of specified crimes, such as embezzlement, arson, mail fraud, wire fraud, and so forth
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Money laundering
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Using the proceeds of criminal acts either to promote crime or conceal the source of the money
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Criminal Procedure
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The process of investigating, interrogating, and trying a criminal defendant
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Affadavit
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A written statement signed under oath
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Warrant
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Must specify with reasonable certainty the place to be searched and the items to be seized
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Probable Cause
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Means it is likely that evidence of crime will be found in the place to be searched
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Booked
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Name, photograph, and fingerprints are entered in a log, along with the charges
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Bail hearing
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A judge or magistrate will set an amount of bail that must be paid in order to go free pending the trial
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Grand jury
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A group of ordinary citizens that decides whether there is probable cause the defendant committed the crime and should be tried
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Indictment
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The government's formal charges that the defendant has committed a crime and must stand trial
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Motion to supress
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A request that the court exclude certain evidence because it was obtained in violation of the Constitution
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Plea Bargain
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An agreement in which the defendant pleads guilty to a reduced charge, and the prosecution recommends to the judge a relatively lenient sentence
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The Fourth Amendment
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Prohibits the government from making illegal searches and seizures
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Plain View
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Search without a warrant - Police may search if they can visibly see a violation (guns, drugs, etc)
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Stop and Frisk
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Search without a warrant - If police have an articulable reason for suspecting that someone may be armed and dangerous, they may pat them down
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Emergencies
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Search without a warrant - In cases of emergencies, police may search
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Automobiles
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Search without a warrant - If police have lawfully stopped a car and observe evidence of other crimes in the car, such as burglary tools, it may be searched
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Lawful Arrest
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Search without a warrant - Police may always search a suspect they have arrested
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Consent
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Search without a warrant - If someone in lawful occupancy gives consent to a search, the police may do so
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Violations of the Fourth Amendment
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-There was no probable cause to issue the warrant
-The warrant does not specify the place to be searched and the things sought -The search extends beyond what is specified in the warrant |
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Exclusionary Rule
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Evidence obtained illegally may not be used at trial against the victim of the search
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Due Process
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Requires fundamental fairness at all stages of the case
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Double Jeopardy
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A criminal defendant may be prosecuted only once for a particular criminal offense
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Fifth Amendment
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Bars the government from forcing any person to testify against himself
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Miranda Rights
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A confession obtained from a custodial interrogation may not be used against a defendant unless they were first warned of their Fifth Amendment rights
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Sixth Amendment
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Guarantees the right to a lawyer at all important stages of the criminal process
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Eighth Amendment
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Prohibits cruel and unusual punishment
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Forfeiture
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The government may seek to prohibit or take away property associated with the criminal act
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The rationales for punishment
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-Restraint
-Deterrence -Retribution -Rehabilitation |
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Government's Burden (Burden of Proof)
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In all prosecutions, the gov't must establish a violation of a law, actus reus, and mens rea. This must be proven "beyond a reasonable doubt".
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Legal Defenses
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In addition to factual defenses, includes insanity, entrapment, duress, and others
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Corporate Liability
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If a company's agent commits a criminal act within the scope of their employment and with the intent to benefit the corporation, the company is liable.
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Exclusionary rule
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Information obtained in violation of the Fourth, Fifth, or Sixth Amendment is generally excluded from trial
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