Ch. 4 Flashcards

(34 cards)

1
Q

Crime

A

Punishable offense to SOCIETY

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2
Q

Duty

A

Duty to know the law- conform his or her conduct to o the Law requirements

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3
Q

Violation of Duty

A

Specific conduct of the defendant that violates the statute

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4
Q

Criminal Intent

A

Must be proven

1- intended to commit the act
2- intended to do evil

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5
Q

Issues of Corporations

A

1- corporations can form criminal intent like humans

2- officers of a corporation can be held criminally accountable even if an employee commits the crime

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6
Q

Vicarious(Substituted) criminal Liability

A

When an office is help accountable for a crime that an employee commits

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7
Q

Related to age

A

<7- considered incapable of crime
>14- presumed capable of seeing right and wrong- accountable as adults
7-14- ability had to be proved

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8
Q

Juvenile Delinquency

A

Same as a crime for an adult but for a minor

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9
Q

Sufficient mental Capacity

A

Ability to make your own choices

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10
Q

Felony

A

Crime punishable by confinement for more than a year in a state prison or a fine >$1000 or both

Or even death

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11
Q

Misdemeanor

A

Less serious crime

County or city jail less than a year , by fine or both

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12
Q

Infractions

A

Lesser misdemeanor

Only be fined
Not entitled to a jury

Ex. Parking ticket

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13
Q

White collar crimes

A

Offenses in the business world

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14
Q

Larceny(theft)

A

Wrongful taking of money or personal property

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15
Q

Receiving stolen property

A

Receiving or buying w/o giving back to owner

Person known as a FENCE

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16
Q

False Pretenses

A

Obtains money or other property by lying about a past or existing fact

Victim parts with property

FRAUD

17
Q

Forgery

A

Falsely making or materially altering a writing to defend another

Felony

18
Q

Bribery

A

Unlawful offering or giving anything of value to influence performance of an official

19
Q

Computer crime

A

Steeling computer data

20
Q

Extortion (Black Mail)

A

Obtaining money or property from a person by force, fear or power of office

21
Q

Conspiracy

A

An agreement between two or more persons to commit a crime

22
Q

Arson

A

Willful and illegal burning of a building

23
Q

Rights of the accused

A

Due process- fairness in government actions

24
Q

Probable cause

A

Reasonable ground for believe

25
Responsibility for the Criminal Conduct of Others
Someone who aids another to commit a crime is still guilty
26
Defense
Legal position taken by the accused to defend to charges against him or her
27
Procedural Defense
Based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished
28
Substantive Defense
Disprove, justify, excuse an alleged crime
29
Self-Defense
Use of the force that appears to be reasonably necessary to the victim to stay safe
30
Immunity
Freedom from prosecution even when one has committed the crime charged
31
Contempt of court
Action that hinders the admin of justice Lying under oath
32
Punishment
Any pentacle provided by law and imposed by the court
33
Plea Bargaining
Accused person may agree to plead quilts to a less serious crime in exchange for having a more serious crime charge dropped
34
Anti-Trust Laws
A law that forbids competing price fixing