Ch. 6: Criminal Law Flashcards
Crime
Any act or omission forbidden by public law and punishable by the government.
Actus reus
Wrongful or overt act.
Mens rea
Criminal intent or mental fault.
Felony
A serious crime
Any crime punishable by death or imprisonment in the penitentiary.
Misdemeanor
A less serious crime.
Any crime punishable by fine or imprisonment in a local jail.
Vicarious liability
Liability imposed for acts of his or her employees if the employer directed, participated in, or approved of the acts.
Liability of a corporation
Under certain circumstances a corporation may be convicted of crimes and punished by fines.
White collar crime
Non-violent crime involving deceit, corruption, or breach of trust.
Computer crime (cybercrime)
Use of a computer to commit a crime.
Racketeering Influenced and Corrupt Organizations Act (RICO)
Federal law intended to stop organized crime from infiltrating legitimate business.
Larceny
Trespassory taking and carrying away of personal property of another with the intent to deprive the victim permanently of the property.
Embezzlement
Taking of another’s property by a person who was unlawful possession of the property.
The key distinction between larceny and embezzlement, therefore, is whether the thief is in lawful possession of the property. Although both situations concern misuse of the property of another, in embezzlement the thief lawfully possesses the property; in larceny she does not.
False pretenses
Obtaining title to property of another by means of representations one knows to be materially false, made with intent to defraud.
Robbery
Committing larceny with the use or threat of force.
Burglary
Breaking and entering the home of another at night with intent to commit a felony.
Extortion
The making of threats to obtain money or property.
a.k.a. blackmail
Bribery
Offering money or property to a public official to influence the official’s decision.
Forgery
Intentional falsification of a document in order to defraud.
Bad checks
Knowingly issuing a check without funds sufficient to cover the check.
Defense of person or property
Individuals may use reasonable force to protect themselves, other individuals, and their property.
Individuals cannot use deadly force to protect their property. If, however, the defender’s use of reasonable force in protecting his property is met with an attack upon his person, he then may use deadly force if the attack threatens him with death or serious bodily harm.
Duress
Coercion by threat of serious bodily harm is a defense to criminal conduct other than murder.
Mistake of fact
Honest and reasonable believe that conduct is not criminal is a defense.
Entrapment
Inducement by a law-enforcement official to commit a crime is a defense.
Steps in criminal prosecution
Generally include arrest, booking, formal notice of charges, print preliminary hearing to determine probable cause, indictment or information, arraignment, and trial.
Fourth Amendment
Protects individuals against unreasonable searches and seizures.
Fifth Amendment
Protects persons against self-incrimination, double Jeopardy, and being charged with a capital crime except by grand jury indictment.
Sixth Amendment
Provides the accused with the right to a speedy and public trial, the opportunity to confront witnesses, have compulsory process for obtaining witnesses, and the right to counsel.
Subjective fault
-Purposeful, knowing, or reckless
A person acts purposely or intentionally if his conscious object is to engage in the prohibited conduct or to cause the prohibited result.
Objective fault
Gross deviation from reasonable conduct.
- criminal statutes refer to objective fault by terms such as carelessness or negligence.
Liability without fault
Crime to do specific act or cause a certain result without regard to the care exercised.
E.g. sale of adulterated food, sale of narcotics without a prescription, and the sale of alcoholic beverages to a minor.
Mala in se
Wrong in themselves or morally wrong
E.g. murder
Mala prohibita
Not morally wrong but declared wrongful by law.
E.g. failing to drive on the right side of the road.
Preliminary hearing
Determines whether there is probable cause.
Indictment
Grand jury charges that the defendant should stand trial.
Information
Formal accusation of a crime brought by a prosecutor.
Arraignment
Proceeding whereby the accused is informed of the charge against him and enters a plea.
Beyond a reasonable doubt
Proof that is entirely convincing; satisfied to a moral certainty.
Exclusionary rule
Prohibition against the introduction of illegally seized evidence.
Probable cause
Reasonable belief of the offense charged.
