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23 Cards in this Set

  • Front
  • Back
Fourth Amendment
Prohibits “unreasonable search and seizure”
Protects the right of individuals to be secure in:
their persons
their homes
their personal property
Probable cause needs to be presented to Judge to get a warrant
Exceptions to the Fourth Amendment
- Search Incident to Lawful Arrest
- Plain View
- Consent
- Stop and Frisk
- Automobile Exception
- Emergencies/Hot Pursuit
- Evidence that can be moved or destroyed
Fifth Amendment
DUE PROCESS
- Government cannot deprive a person of life, liberty, or property
Protection against double jeopardy
Privilege against self-incrimination
“Taking Clause”
-When government takes private property for public use, it must pay the owner just compensation, or fair market value, for his/her property
-A regulation that so substantially interferes with an individual’s use of property may = “taking”
Sixth Amendment
Right to a speedy and public trial
Right to trial by impartial jury of peers
Right to be informed of accusations
Right to confront witnesses
Right to counsel
Ninth Amendment
Right to privacy
Fourteenth Amendment
DUE PROCESS
Contains the equal protection clause which prohibits state, local, and federal government from denying equal protection of the laws to citizens
Does not prohibit all different treatment!
Actus Reus
Wrongful behavior ; guilty act
Mens rea
Wrongful state of mind ; guilty mind
False Claims Act
Allows employee to sue their employer for fraud on behalf of the government
RICO
Prohibits persons employed by or associated with enterprise from engaging in a pattern of racketeering activity
- To fight organized crime - broad scope of application
Racketeering activity
Enumerated state and federal crimes including gambling, counterfeiting, arson, narcotic bribery, embezzlement, mail/wire fraud
The Sarbanes-Oxley Act
improve corporate governance, eliminate conflict of interest, and to instill investor interest
Federal statute with far reaching rules passed by Congress in response to the business scandals of the early 2000s
Checks and balances
Burden of proof
production of evidence and the burden of persuasion
prosecution must produce any tangible evidence and testimony to prove the elements of the crime that the defendant allegedly commited
White collar crimes (Include)
bribery, extortion, fraud, embezzlement, computer crimes
Why is embezzlement different?
When the person is already in possession of what they "steal"
White collar crime
variety of nonviolent illegal acts against society that occur most frequently in the business context
Prosecutorial discretion
Prosecutor can decide to take a case or not
Commerce Clause
grants the federal government the authority to pass regulations that significantly effect interstate commerce
Police powers
residual powers retained by states to pass laws to safeguard the health and welfare of their citizens
Dormant Commerce Clause
prohibits states from passing laws that significantly interfere with interstate commerce
Privilleges and immunities clause
prohibits states from discriminating against citizens of other states
full faith and credit clause
in civil matters, courts in all states must uphold rights established by legal documents
contract clause
congress cannot pass laws that unreasonably interfere with existing contracts