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31 Cards in this Set
- Front
- Back
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Crime
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an act or omission in violation of a public law and punishable by the government
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Actus reus
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wrongful or overt act
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Mens rea
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criminal intent or mental fault
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Subjective fault
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purposeful, knowing, or reckless
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Objective fault
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gross deviation from reasonable conduct
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Liability without fault
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crime to do a specific act or cause a certain result without regard to the care exercised
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Mala in se
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wrongs in themselves or morally wrong
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Mala prohibita
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not morally wrong but declared wrongful by law
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Felony
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series crime
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Misdemeanor
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less series crime
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Vicarious liability
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liability imposed on one for acts of another
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Liability of a corporation
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under certain circumstances a corporation may be convicted of crimes and punishments by fines
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White-collar crime
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nonviolent crime involving deceit, corruption, or breech of trust
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Computer crime
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crime by, with or at a computer
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RICO
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federal law intended to stop organized crime from infiltrating legitimate business
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Larceny
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trespassory taking and carrying away of the goods of another with intent to permanently deprive
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Defense of person or property
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individuals may use reasonable force to protect themselves, other individuals, and their property
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Duress
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coercion by threat of serious bodily injury
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Mistake of fact
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honest and reasonable belief that conduct is not criminal is a defense
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Entrapment
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the act of a government official in inducing another to commit a crime
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Steps in criminal prosecution
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1. arrest
2. booking 3. formal notice of charges 4. preliminary hearing to determine probable cause 5. indictment or information 6. arraignment 7. trial |
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Preliminary hearing
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determines whether there is probable cause
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Indictment
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grand jury charge that the defendent should stand trial
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Information
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formal accusation of a crime brought by a prosecutor
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Arraignment
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accused is informed of the charge against him and enters a plea
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Beyond a reasonable doubt
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proof that is entirely convincing; satisfied to a moral certainty
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Fourth amendment
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protects individuals against unreasonable searches and seizures
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Exclusionary rule
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prohibition against the introduction of illegally seized evidence
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Probable cause
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reasonable belief of the offense charged
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Fifth amendment
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protects persons against self-incrimination, double jeopardy, and being charged with a capital crime except by grand jury indictment
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Sixth amendment
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provides the accused with the right to a speedy and public trial, the opportunity to confront witnesses, process for obtaining witnesses, and the right to counsel
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