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Flashcards in CRIMINAL LAW Deck (37)
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1
Q

Crime

A

A violation of a statute for which the government imposes a punishment.

2
Q

Penal Code

A

A collection of criminal statutes.

3
Q

Regulatory Statutes

A

Statutes such as environmental laws, securities laws, and antitrust laws that provide for criminal violations and penalties.

4
Q

Felony

A

The most serious type of crime; inherently evil crime.

5
Q

Misdemeanor

A

A less serious crime; not inherently evil but prohibited by society.

6
Q

Violation

A

A crime that is neither a felony nor a misdemeanor that is usually punishable by a fine.

7
Q

Actus Reus

A

“Guilty act”- The actual performance of a criminal act.

8
Q

Mens Rea

A

“Evil intent”- the possession of the requisite state of mind to commit a prohibited act.

9
Q

non-intent crime

A

A crime that imposes criminal liability withou a finding of mens rea (intent).

10
Q

Arrest Warrant

A

A document for a person’s detainment, based upon a showing of probable cause that the person committed a crime.

11
Q

Indictment

A

The charge of having committed a crime (usually a felony) based on the judgement of a grand jury.

12
Q

Information

A

The charge of having committed a crime (usually) a misdemeanor), based on the judgement of a judge (magistrate).

13
Q

Arraignment

A

A hearing during which the accused is brought before a court and is 1. informed of the charges against him or her and 2. asked to enter a plea.

14
Q

Plea Bargin

A

An agreement in which the accused admits to a lesser crime than charged. In return, the government agrees to impose a lesser sentence that might have been obtained had the case gone to trial.

15
Q

Hung Jury

A

A jury that cannot come to a unanimous decision about the defendant’s guilt. In the case of a hung jury, the government may choose to retry the case.

16
Q

Robbery

A

The taking of personal property from another person by the use of fear or force

17
Q

Burglary

A

The taking of personal property from another’s home, office or commercial or other type of building.

18
Q

Larceny

A

The taking of another’s personal property other than from his or her person or building.

19
Q

Receiving Stolen Property

A

To 1. knowingly receive stolen property and 2. intend to deprive the rightful owner of that property.

20
Q

Arson

A

The willful or malicious burning of a building.

21
Q

Forgery

A

The fraudulent making or alteration of a written document that affects the legal liability of another person.

22
Q

Embezzlement

A

The fraudulent conversion of property by a person to whom that property was entrusted.

23
Q

Bribery

A

A crime in which one person gives another person money, property, favors or anything else of value for a favor in return.

24
Q

Extortion

A

A threat to expose something about another person unless that other person gives money or property.

25
Q

Criminal Fraud

A

A crime that involves obtaining title to property through deception or trickery.

26
Q

Money Laundering Control Act

A

A federal statute that makes it a crime to 1. knowingly engage in a money transaction through a financial institution involving property from an unlawful activity worth more than $10,000 and 2. knowingly engage in a financial transaction involving the proceeds of an unlawful activity.

27
Q

Criminal Conspiracy

A

A crime in which two or more persons enter into an agreement to commit a crime and an overt act is taken to further the crime.

28
Q

Corporate Criminal Liability

A

Criminal liability of corporations for actions of their officers, employees or agents.

29
Q

Racketeer Influenced and Corrupt Organizations Act- (RICO)

A

A federal act that provides for both criminal and civil penalties for racketeering.

30
Q

Unreasonable Search and Seizure

A

Any search and seizure by the government that violates the Fourth Amendment

31
Q

Search Warrant

A

A warrant by a court that authorizes the police to search a designated place for specified contraband, articles, items, or documents.

32
Q

Exclusionary Rule

A

A rule that says evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at trial or an administrative proceeding against the person searched.

33
Q

Self-Incrimination

A

A person being a witness against himself or herself. The 5th amendment prevents self-incrimination in any criminal case.

34
Q

Miranda rights

A

Rights that a suspect might be informed of before being interrogated, so that the suspect will not unwittingly give up his or her 5th amendment right.

35
Q

Attorney-client privilege

A

A rule that says a client can tell his or her lawyer anything about the case without fear that the attorney will be called as a witness against the client.

36
Q

Immunity from Prosecution

A

The government’s agreement not to use against a person granted immunity any evidence given by that person.

37
Q

Double Jeopardy Clause

A

A clause of the 5th amendment that protects persons from being tried twice for the same crime.