Chapter 21 Criminal Law and Procedures Flashcards Preview

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Flashcards in Chapter 21 Criminal Law and Procedures Deck (52)
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An individual acting as a trial lawyer, who initiates and conducts criminal cases in the government name and on behalf of the people.

Public Prosecutor


a court appointed attorney who is paid by the state to represent a criminal defendant who is unable to hire private counsel.

Public Defender


A broad term for violation of law that are punishable by the state and are codified by legislate. The objective of criminal law is to protect the public.



the standard used to determine the guilt or innocence or a person charges with a crime. to be guilty of a crime, a suspect must be proved guilty "beyond and to the exclusion of every reasonable doubt."

Beyond a reasonable Doubt


A crime such as arson, murder, assault or robbery the carries the most severe sanctions. Sanctions range from one year in a state or federal prison to life imprisonment or (in some states) the death penalty.



A jury whose members are so irreconcilably divided in their opinions that they cannot reach a verdict. The judge in this system may order a new trial.

Hung Jury


the punishment, or penalty ordered by the court to be inflicted on a person convicted of a crime.



In some jurisdictions, an alternative to prosecution that is offered to certain felony suspects to deter them from future unlawful acts.

Diversion Program


A crime less serious than a felony, punishable by a fine or incarceration for up to one year in jail (Not a state or federal penitentiary).



in criminal law, the least serious kind of wrong, such as a building code violation

Petty offense


a wrongful mental state or intent. A wrongful mental state is a requirement for criminal liability. What constitutes a wrongful mental state varies according to the nature of the crime.

Mens Rea


A common law doctrine under which the court may impose criminal liability on a corporate officer for actions of employees under his or her supervision regardless of whether he or she participated in, directed or even knew about the actions

Responsible Corporate Officer Doctrine


The evidence and arguments presented in the defendants support in a criminal action or lawsuit.



the legally recognized privilege to protect oneself or ones property against injury by another. The privilege of self defense only protects acts that reasonably necessary protect oneself or ones property.

Self Defense


the use of reasonableness to protect others from harm.

Defense of others


The use of reasonable force to protect ones property from harm threatened by another. The use of deadly force in defending ones property is seldom justified.

defense of property


The taking of money, personal property or any other article of value from a person by means of force or fear.



Breaking and entering onto the property of another with the intent to commit a felony.



The wrongful or fraudulent taking and carrying away of another persons personal property with the intent to deprive the person permanantly of the property.



The willful and malicious burning of a building (and in some states personal property) owned by another; arson statutes have been extended to cover the destruction of any building, regarldess of ownership by fire or explosion.



The fraudulent making or altering of any writing in any way that changes the legal rights and liabilities of another.



A crime that typically occurs in a business contract, popularly used to refer to an illegal act or series of acts committed by a person or business entity using nonviolent means.

White Collar Crime


The fraudulent appropriation of the property of money of another by a person entrusted with that property or money.



trading in the stock of a publicly listed corporation based on inside information. One who possess insider information and has a duty not to disclose it to outsiders and may not profit from the purchase or sale of securities based on that information until the information is available to the public.

Insider Trading


A certification or declaration following a trial that the individual accused of the crime is innocent or free from guilt, in the eyes of the law and is absolved of the charges.



Falsely reported income that had been obtained through criminal activity, such as illegal drug transactions, as income obtained through a legitimate business enterprise to make the "dirty" money "clean"

Money Laundering


A crime that occurs online, in the virtual community of the internet, as opposed to the physical world

Cyber crime


the theft of a form of identification, such as a name, date of birth, Social Security Number, which is then used to access the victims financial resources

Identity Theft


A person who uses ones computer to break into another



The crime of stalking in cyberspace. they usually find the victim through internet chat rooms, newsgroups, bulletin boards or email and proceeds to harass that person or put the person in reasonable fear for his or her safety or the safety of their family

Cyber stalker