Chapter 6 Key Terms Flashcards

0
Q

Beyond a reasonable doubt

A

The standard of proof used in criminal cases

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1
Q

Crime

A

A wrong against society proclaimed in a statute and, if committed, punishable by society through fines, imprisonment, or death.

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2
Q

Actually reus

A

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.

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3
Q

Mens rea

A

The wrongful mental state (“guilty mind”), or intent, that is one of the key requirements to establish criminal liability for an act.

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4
Q

Robbery

A

The act of forcefully and unlawfully taking personal property of any value from another

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5
Q

Burglary

A

The unlawful entry or breaking into a building with the intent to commit a felony

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6
Q

Larceny

A

The wrongful taking and carrying away of another person’s personal property with the intent to permanently deprive the owner of the property

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7
Q

Arson

A

The intentional burning of a building

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8
Q

Forgery

A

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

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9
Q

White collar crime

A

Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage

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10
Q

Embezzlement

A

The fraudulent appropriation of funds or other property by a person who was entrusted with the funds or property

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11
Q

Insider trading

A

The purchase or sale of securities on the basis of inside information (information that has not been made available to the public)

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12
Q

Money laundering

A

Engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds

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13
Q

Felony

A

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

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14
Q

Misdemeanor

A

A lesser crime than a felony, punishable by a fine or incarceration in jail for up to one year.

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15
Q

Petty offense

A

The least serious kind of criminal offense, such as traffic or building code violation

16
Q

Self defense

A

The legally recognized privilege to do what is reasonably necessary to protect oneself, ones property, or someone else against injury by another

17
Q

Duress

A

Unlawful pressure brought to bear on a person, causing the person to perform an act she or he would not otherwise perform

18
Q

Entrapment

A

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.

19
Q

Self-incrimination

A

Giving testimony in a trial or other legal proceeding that could expose the person testifying to criminal prosecution

20
Q

Plea bargaining

A

The process by which a criminal defendant and the prosecutor work out an agreement to dispose of the criminal case, subject to court approval

21
Q

Search warrant

A

An order granted by a public authority, such as a judge, that authorizes law enforcement personnel to search particular premises or property

22
Q

Probable cause

A

Reasonable grounds for believing that a search should be conducted or that a person should be arrested

23
Q

Double jeopardy

A

The fifth amendment requirement that prohibits a person from being tried twice for the same criminal offense

24
Exclusionary rule
A rule that prevents evidence that is obtained illegally or without a proper search warrant- and any evidence derived from illegally obtained evidence- from being admissible on court
25
Indictment
A formal charge by a grand jury that there is probable cause to believe that a named person has committed a crime
26
Grand jury
A group of citizens who decide after hearing the states evidence, whether probable cause exists for believing that a crime has been committed and that a trial ought to be held
27
Information
A formal accusation or complaint (without and indictment) issued in certain types of actions by a government prosecutor
28
Computer crime
The unlawful use of a computer or network to take or alter data, or to gain the use of computers or services without authorization
29
Cyber crime
A crime that occurs in the online environment rarer than in the physical world
30
Cyber fraud
Any misrepresentation knowingly made over the internet with the intention of deceiving another for the purpose of obtaining property or funds
31
Identity theft
The illegal use of someone else's personal information to access the victims financial resources
32
Phishing
An email fraud scam in which the messages purport to be from legitimate businesses to induce individuals into revealing their personal financial data, passwords, or other information
33
Hacker
A person who uses computers to gain unauthorized access to obtain data