Chapter 6 Key Terms Flashcards
Beyond a reasonable doubt
The standard of proof used in criminal cases
Crime
A wrong against society proclaimed in a statute and, if committed, punishable by society through fines, imprisonment, or death.
Actually reus
A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime.
Mens rea
The wrongful mental state (“guilty mind”), or intent, that is one of the key requirements to establish criminal liability for an act.
Robbery
The act of forcefully and unlawfully taking personal property of any value from another
Burglary
The unlawful entry or breaking into a building with the intent to commit a felony
Larceny
The wrongful taking and carrying away of another person’s personal property with the intent to permanently deprive the owner of the property
Arson
The intentional burning of a building
Forgery
The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another
White collar crime
Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage
Embezzlement
The fraudulent appropriation of funds or other property by a person who was entrusted with the funds or property
Insider trading
The purchase or sale of securities on the basis of inside information (information that has not been made available to the public)
Money laundering
Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds
Felony
A crime- such as arson, murder, rape, or robbery- that carries the most severe sanctions, ranging from more than one year in a state or federal prison to the death penalty
Misdemeanor
A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.
Petty offense
The least serious kind of criminal offense, such as traffic or building code violation
Self defense
The legally recognized privilege to do what is reasonably necessary to protect oneself, ones property, or someone else against injury by another
Duress
Unlawful pressure brought to bear on a person, causing the person to perform an act she or he would not otherwise perform
Entrapment
A defense in which a defendant claims that he or she was induced by a public official to commit a crime that he or she would otherwise have not committed.
Self-incrimination
Giving testimony in a trial or other legal proceeding that could expose the person testifying to criminal prosecution
Plea bargaining
The process by which a criminal defendant and the prosecutor work out an agreement to dispose of the criminal case, subject to court approval
Search warrant
An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property
Probable cause
Reasonable grounds for believing that a search should be conducted or that a person should be arrested
Double jeopardy
The fifth amendment requirement that prohibits a person from being tried twice for the same criminal offense