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31 Cards in this Set
- Front
- Back
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Seriouscrimes, punishable by Death or prison for more than one (1) year. |
Felonie |
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Non-serious(petty) crimes punishable by jail for less than one(1) year and/or by fines. |
misdemeanor |
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party who brings suit in a criminal law |
the state |
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party who brings suit in a civil law |
the person who suffered harm |
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criminal law, wrongful act |
violating a statute that prohibits some type of activity |
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civil law, wrongful act |
causing harm to a person or a persons property |
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civil law, burden of proof |
preponderance of the evidence |
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criminal law, burden of proof |
beyond a reasonable doubt |
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verdict for criminal law |
unanimous (almost always) |
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verdict for civil law |
three-fourths majority |
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remedy for civil law |
damages to compensate for the harm or a decree to achieve an equitable amount |
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remedy for criminal law |
punishment (fine, imprisonment, death) |
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to convicted of a crime a person must |
1. Commit a guilty act (actus reus). 2. Have the guilty mind (mens rea) during commission of the guilty act. |
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Self-Defense of People and Property can use deadly force if reasonablebelief of imminent death or serious injury; cannot use deadly force to protectproperty alone. |
JustifiableUse of Force |
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________ of _______ canexcuse criminal act if it negates mental state |
mistake, fact |
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wrongful threat induces another to commit a crime |
Duress |
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an act of commission, or guilty act |
actus reus |
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constitutes a wrongful mental state |
mens rea |
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_____ is conscious disregard for a substantial and justifiable risk. |
recklessness |
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Criminal negligence is a deviation from the standard of care that a reasonable person would use under the same circumstances—an unjustified, substantial, foreseeable risk that results in harm. |
criminal negligence |
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Strict liability crimes ____ _____ require a wrongful mental state to establish criminal liability. |
do not |
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types of crimes |
a. violent crimes b.Property crime c.public order crime d. white-collar crime e. organized crime |
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OrganizedCrime |
operatesillegitimately by providing illegal goods and services •MoneyLaundering. •RICO(criminaland civil liability). |
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White-CollarCrime |
Embezzlement. ¡Mail and Wire Fraud (federal). ¡Bribery. ¡Bankruptcy Fraud (federal). ¡Insider Trading (federal). Theft of Intellectual Property |
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•ObtainingGoods by False Pretenses •ReceivingStolen Goods. •Arson. •Forgery. |
Larceny (considered property crime) |
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burglary larceny obtaining goods by false pretenses receiving stolen goods arson forgery |
property crime |
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These include public drunkenness, prostitution,gambling, and illegal drug use. |
public order crime |
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is the fraudulent conversion of property or money owned by one person but entrusted to another. Intending to ultimately return embezzled property is not a defense |
embezzlement |
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An individual who obtainsmaterial inside information about a corporation can often make considerableprofit by using the information to buy and sell the corporation’s securities. |
insider trading |
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is engaging in financialtransactions to conceal the identity, source, or destination of illegallygained funds |
money laundering |
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immunity |
To obtain information, the state can grant immunity fromprosecution. |
