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34 Cards in this Set
- Front
- Back
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Criminal Law |
always statutory, no common law |
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1) Mens Rea (Guilty Mind) 2) Actus Rea (Guilty Act) |
Traditional Crimes have 2 parts: 1) ______ ________ (______ ____)- evil mind- criminal intent 2) ______ _______ (_____ _____)- act defined as a crime- statutory definition of the crime- varies state 2 state - what may be in a crime in one state may not be in the other; criminal act |
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Regulatory crimes |
an act defined as a crime by a regulatory agency-does not require intent (Mens Rea) |
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Mistake entrapment, infancy, duress (brain-washing), criminal insanity (M'Naughton Rule) |
Defenses to traditional Crimes (normally Mens Rea) |
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Racketeer Influenced and Corrupt Organizations Act (RICO) 25 Grand 20 Years in Prison |
federal crime to acquire or maintain an interest in use income form, or conduct in the affairs of an enterprise through a pattern of racketeering activity. -Fine Up to ___ grand and up to ____ years in prison -May Forfeit Property |
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Foreign Corrupts Practices Act 2 million 5 years in prison |
illegal for U.S. company or its agents to bribe foreign officials to influence the awarding of new businesses Firms keep books to prove any payment lawful Violations up to $__ million and __ years in prison |
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Penal Codes and Regulatory Statuses |
activities considered to be crime within their jurisdiction, penalties that will be imposed for their commission. Penalties include: Fines, Probation, Jail |
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1) Paintiff 2) Prosecutor 3) Accused 4) Defense Attorney |
Parties in Court 1) Government = _____________ 2) Government Lawyer = ______________ 3) Defendant = _____________ 4) Defendant's Rep = ______________ |
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Felonies |
Most serious crimes - mala in se - inherently evil |
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Misdemeanors |
less serious than felonies- mala prohibita - prohibited by society |
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Summary Offenses |
crimes that are the lowest of level |
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Arrest Warrant |
Arrest needs probable cause to be made. |
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Grand Jury |
Where serious crimes are taken, determines if enough evidence for trial; issues an indictment |
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Magistrate |
lesser crimes, determines if enough evidence; issues an information |
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Arraignment |
asked to enter plea- nolo contendre - not guilty, but agrees to penalty cannot be used as evidence in liability in civil trials |
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Hung Jury |
Jury cannot agree, government may retry any reasonable doubt, can't be found guilty |
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Murder |
unlawful killing of person with malice aforethought |
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Burglary |
breaking and entering |
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Larceny |
wrongful and fraudulent taking of another's personal property |
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Arson |
malicious or willful burning of another's dwelling |
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Embezzlement |
Fraudulent and conversion of property by person to whom property is entrusted |
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Extortion |
blackmail |
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Criminal Fraud |
obtaining title to property through deception |
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Criminal Conspiracy |
two or more persons enter into an agreement to commit a crime |
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Corporate Criminal Liability |
corporations may be geld liable for actions of their employees |
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Fourth Amendment |
Amendment that protects persons from overzealous investigating activities by the government. |
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Exclusionary Rule |
evidence used from an unreasonable search and seizure generally may not be used at trial: good faith exception |
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Search of Business Premises |
need search warrant to search businesses. Hazards are exceptions |
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Fifth Amendment |
Amendment where you can't be witness in a trial against yourself |
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Miranda Rights |
"You have the right to remain silent..." |
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Privileges |
client can tell their attorney anything- can't be witness |
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Double Jeopardy |
person cannot be tried twice for same case |
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Eighth Amendment |
Amendment that prohibits capital punishment |
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Sixth Amendment |
Amendment to have speedy trial, a lawyer, tried by an impartial jury |
