Chapter 7-Vocab

Question 0

Criminal law

Answer 0

Prohibits conduct threatening to the people and social stability

Question 1

White-collar crime

Answer 1

Generally committed by business people and may be directed at customers, other businesses, or the government

Question 2

Guilty

Answer 2

A courts finding that a defendant has committed a crime

Question 3

Restitution

Answer 3

A court order that a guilty defendant reimburse the victim for harm suffered

Question 4

Felony

Answer 4

A serious crime , for which a defendant can be sentenced to one year or more in prison

Question 5

Misdemeanor

Answer 5

A less serious crime, often punishable by less than a year in a county jail

Question 6

Specific deterrence

Answer 6

Is intended to teach this defendant that the crime carries a heavy price tag

Question 7

General deterrence

Answer 7

The goal of demonstrating to society generally that the crime must be shunned

Question 8

Retribution

Answer 8

Giving back to the criminal precisely what he deserves

Question 9

Beyond reasonable doubt

Answer 9

The very high burden of proof in a criminal case, demanding much more evidence and certainty than required in a civil trial

Question 10

Actus reus

Answer 10

The guilty act

Question 11

Mens rea

Answer 11

A guilty state of mind

Question 12

General intent

Answer 12

The defendant intended to do the prohibited physical action (the actus rea)

Question 13

Specific intent

Answer 13

Proof the the defendant willfully intended to do something beyond physical act. EX: burglary requires proof that the defendant entered a building at night and intended to steal property

Question 14

Criminal recklessness

Answer 14

Consciously disregarding a substantial risk of injury.

EX: someone jokingly points a loaded gun at someone

Question 15

Criminal negligence

Answer 15

Refers to gross deviation from reasonable conduct.

EX: humor sees movement and shoots without determining whether the target is a turkey or person

Question 16

Strict liability

Answer 16

The prosecution must only prove actus rea, despite of mental state or irresponsibility

Question 17

M’Naghten rule

Answer 17

Most common test for insanity

Question 18

Entrapment

Answer 18

When the government induces the defendant to break the law

Question 19

Larceny

Answer 19

The trespassory taking of personal property with the intent to steal it

Question 20

Fraud

Answer 20

Deception used to obtain money or property

Question 21

Arson

Answer 21

The malicious use of fire or explosives to damage or destroy real estate or personal property

Question 22

Embezzlement

Answer 22

The fraudulent conversion of property already in defendants possession

Question 23

The computer fraud and abuse act

Answer 23

Prohibits using a computer to commit theft, espionage, trespass, fraud, and damage to another computer

Question 24

The access device fraud act

Answer 24

Outlaws the fraudulent use of cards, codes, account numbers, and other devices to obtain money, goods, or services

Question 25

Identity theft and assumption deterrence act

Answer 25

Bars the use of false identification to commit fraud or other crime

Question 26

Wire and electric communications interception act

Answer 26

Makes it a crime to intercept most wire , oral, and electric communications

Question 27

Agents of corporation

Answer 27

Includes anyone undertaking work on behalf of the corporation

Question 28

Federal sentencing guidelines

Answer 28

The detailed rules that judges must follow when sentencing defendants convicted of crimes in federal court

Question 29

Compliance program

Answer 29

A plan to prevent and detect criminal conduct at all levels of the company

Question 30

Racketeer Influenced and Corrupt Organizations Act (RICO)

Answer 30

A powerful federal statute, originally aimed at organized crime, now used in many criminal prosecutions and civil lawsuits

Question 31

Money laundering

Answer 31

Using the proceeds of criminal acts either to promote crime or conceal the source of the money

Question 32

Criminal procedure

Answer 32

The process of investigating, interrogating, and trying a criminal defendant

Question 33

Informant

Answer 33

Informs authorities of a crime

Question 34

Affidavit

Answer 34

A written statement signed under oath

Question 35

Search warrant

Answer 35

Written permission from a neutral official to conduct a search

Question 36

Probable cause

Answer 36

Means it is likely that evidence of crime will be found in the place to be searched

Question 37

Arrest warrant

Answer 37

Authorization from officials to arrest someone

Question 38

Booked

Answer 38

Enters criminals name, photograph of them, and fingerprints into a log along with the charges

Question 39

Bail hearing

Answer 39

When judge or magistrate set an amount of bail defendant must pay to go free pending trial

Question 40

Grand jury

Answer 40

A group of ordinary citizens that decides whether there is probable cause the defendant committed the crime and should be tried

Question 41

Indictment

Answer 41

The governments formal charge that the defendant had committed a crime and must stand trial

Question 42

Arraignment

Answer 42

Defendant claiming guilty or not guilty

Question 43

Motion to suppress

Answer 43

A request that the court exclude certain evidence because it was obtained in violation of the constitution

Question 44

Plea bargain

Answer 44

An agreement in which the defendant pleads guilty to a reduced charge, and the prosecution recommends to the judge a relatively lenient sentence

Question 45

Exclusionary rule

Answer 45

Evidence obtained illegally may not be used at trial against the victim of the search

Question 46

Double jeopardy

Answer 46

A criminal defendant may be prosecuted only once for a particular criminal offense

Question 47

Self-incrimination

Answer 47

Only applies to people, police may not use mental or physical coercion to force a confession out of someone

Question 48

Custodial interrogation

Answer 48

The police have prevented the defendant from leaving and are asking him questions

Question 49

Forfeiture

Answer 49

A civil law proceeding that is permitted by many different criminal statutes