Business Law Ch. 7

Front 1

Felonies

Back 1

*Most sever. Punishable by death or imprisonment in a federal or state penetatary for more than a year
*Such as rape, arson, muder, or robbery

Front 2

Misdemeanors

Back 2

*Punishable by a fine or imprisonment for up to a year in a local jail

Front 3

Actus reus

Back 3

Specified state of mind or intent

Front 4

Mens rea

Back 4

Must show both intent beyond a resonable doubt

Front 5

Discuss corporate criminal liability

Back 5

*Use to not be able to hold a corp. criminally responsible
*Now corp. can be fined and have other punishments
*Individuals can also be convicted for crimes on behalf of the company

Front 6

Violent crimes

Back 6

Crimes against people that can cause physical harm or death. Murder, sexual assault, rape, robbery

Front 7

Robbery

Back 7

Take peronsal property of value by using force or intimidation

Front 8

Property crime

Back 8

Economic gain or damaging property

Front 9

Burglary

Back 9

Unlawful entry or breaking into a building with intent to commit a felony

Front 10

Larceny

Back 10

The wrongful taking and carrying away of someone's personal property with intent to deprive (w/out force)

Front 11

Forgery

Back 11

Fraudulently making or altering writing in a way that changes the legal rights and responsibilities of another

Front 12

Arson

Back 12

The willfull and malicious burning owned by another. Every stat has a special statue that covers this

Front 13

Two other property crimes

Back 13

1. Obtaining goods by false pretenses (bouncing a check)
2. Receiving stolen goods (knowingly)

Front 14

Public order crimes

Back 14

Thise crimes that are considered to be against or contrary to public morals or values. "Victimless crimes" Ex. Prostitution, gambling, drug use

Front 15

White-collar crimes

Back 15

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage

Front 16

Embezzlement

Back 16

The fraudulent appropriation of funds or other property by a person to whom such items have been entrusted (no force or intimidation)

Front 17

Mail and wire fraud

Back 17

A federal crime using the mail or wire (telephone, internet) to take someone's money

Front 18

Bribery

Back 18

Attempting to influence a public official to act in a way that serves a private interest.

Bribery occurs when the bribe is offered.

Accepting a bribe is another crime.

Front 19

Organized crime

Back 19

operating/illegitmately providing illegal goods and services such as protitution, gambling and drug use

Front 20

Money laundering

Back 20

Transferring the proceeds of crime through legitimate business. Financial institutions must report transactions of more than $10,000

Front 21

Racketeer Influenced and Corrupt Organization Act

Back 21

Two offenses under the RICO statute of 1960 constitute "racketeering activity" It is a tool to impose higher penalties

Front 22

Infancy

Back 22

A defense to criminal liability for someone under the age of 18

Front 23

Involuntary intoxication

Back 23

Physically forced to ingest or inject a substance that make a person incapable of obeying the law or incapable of understand the act committeed

Front 24

Insanity

Back 24

Model Penal Code: Incapable of the state of mind required to commit a crime. Often determined by the M'Naghten test or the Irresistible Impulse Test

Front 25

Mistake

Back 25

Only reasonable if the law was not published or reasonably made known or if the defendant relied on an official statement that was erroneous.

Mistake of fact: Taking someone elses property when you thought it was yours

Front 26

Consent

Back 26

A defense if it cancels the harm that the law is designed to prevent, unless the law forbids an act w/out regard to the victim's consent

Front 27

Duress

Back 27

A wrongful threat, or undue pressure, which causes another person to performan act they wouldn't ordinarily have performed

Front 28

Justifiable use of force

Back 28

Self defense. As much nondeadly force be used as protection. Deadly force can be used if there is a resonable belief that imminent death or bodily harm will otherwise result

Front 29

Entrapment

Back 29

When a law enforcement agent suggests that a crime be committed, pressures or induces an individual to commit it and arrests the individual for it.

Front 30

Statue of limitations

Back 30

Provides that the state only has a certain amount of time to prosecute a crime. Most statutes of limitations do not apply to murder

Front 31

Immunity

Back 31

A state can grant immunity from prosecution or agree to prosecute for a less serious offense in exchange for information. It is often a result of a plea bargain.

Front 32

Fourth Amendment

Back 32

Protection from unreasonable searches and seizures. No warrant for a search or an arrest can be issued without probable cause

Front 33

Exclusionary rule

Back 33

Evidence obtained in violation of the 4th, 5th and 6th Amendments, as well as all evidence derived from illegally obtained evidence, must be excluded

Front 34

Fifth Amendment protections

Back 34

Due process, double jeopardy, self-incrimination

Front 35

Due process

Back 35

No one can be deprived of "life, liberty, or property without due process of law"

Front 36

Double jeopardy

Back 36

No one can be tried twice for the same offense

Front 37

Self-incrimination

Back 37

No one can be required to incriminate him/herself.

Front 38

The Miranda Rule

Back 38

A person in custody who is to be interrogated must be informed that he has the right to remain silent... blah blah blah

Front 39

Sixth Amendment

Back 39

Guarantees a speedy trial, trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer in some proceedings

Front 40

Eighth Amendment

Back 40

Prohibits excessive bail and fines and cruel and unusual punishment

Front 41

Arrest

Back 41

Requires a warrant based on probable cause (a substantial likelihood that the person has committed or is about to commit a crime) To make an arrest without a warrant, an officer must also have probably cause.

Front 42

Indictment

Back 42

A formal charge is called an indictment issued by a grand jury

Front 43

Information

Back 43

A formal charge issued by a public prosecutor?