business/personal law test 2 Flashcards
Crime
A punishable offense against society.
The punishment for an offense against society attempts to …
identify, arrest, prosecute, and punish
The main objective is designed ot protect
society
Before convicted of a crime, prosecutors must prove these three elements
Duty
Violate the duty
Criminal intent
What is the duty of an individual when it relates to a crime
To know the law
Criminal intent menas the defendant
Intended to commit the crime
Embezzlement
Taking another’s property or money by a person to whom has been entrusted
Vicarious criminal liability
The higher ups have to take resposibility for for their workers actions
To have criminal intent an individual must have
Mental capacity
Felony
A crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000 or both, even death
Misdemeanor
A less serious crime, punishable by confinement in a county or city jail for less than one year, by fine, or both
Infraction
A crime such as parking violations or littering
White collar crimes
Crimes committed in the business world
Name three types of crimes committed in the business world (define them)
Embezzlement
Extortion
Bribery
Purgery
Lying under oath
Larceny
The wrongful taking of money or property
Robbery vs. Burglary
R = by force
B = trespassing
Another name for larceny is
Theft
False pretenses
Obtaining money or other property by lying about a past or existing fact.
Forgery
Falsely making or materially altering writing to defraud another, such as, signing or altering a check without permission
Bribery
THe unlawfully offering or giving anything of value to influence performance of an official
What act specifically targets computer related crimes
Computer fraud and abuse act
Extortion
Obtaining money or other property from a person by wrongful use of force, fear, or the power of office.
Conspiracy
An agreement between two or more persons to commit a crime, seperate from the crime the parties planned to commit
Arson
The willful or illegal burning of a building
5 rights of the accused
- Due process
- Not compelled to testify against themselves
- Not unreasonable searches or seizures
- Prove guilty beyond a reasonable doubt
- Trial by jury
Probable cause
A reasonable ground for belief that the individual commited the crime
A procedural defense is based on problems with the way 1. is obtained or the way an accused person was 2. , queastioned, 3. , or punished
- evidence
- arrested
- tried
Name three substantive defenses
- self-defense
- Alibi
- Eye witness
Substantive defense
Used to disprove, justify, or excuse the alleged crime
Immunity
Freedom from prosecution
Contempt of court
An action that hinders the administration of justice
Punishment
A penalty provided by law imposed by a court
Why do we punish
Discipline the wrong doers and deter others from similar behavior
Pleas bargain
To plead guilty to a less serious crime in exchange for having a more serious charge dropped
The individual gives up the right to a 1. to avoid the risk of greater penalty if convicted
- public trial
