Ch. 6: Criminal Law

Question 1

Crime

Answer 1

Any act or omission forbidden by public law and punishable by the government.

Question 2

Actus reus

Answer 2

Wrongful or overt act.

Question 3

Mens rea

Answer 3

Criminal intent or mental fault.

Question 4

Felony

Answer 4

A serious crime

Any crime punishable by death or imprisonment in the penitentiary.

Question 5

Misdemeanor

Answer 5

A less serious crime.

Any crime punishable by fine or imprisonment in a local jail.

Question 6

Vicarious liability

Answer 6

Liability imposed for acts of his or her employees if the employer directed, participated in, or approved of the acts.

Question 7

Liability of a corporation

Answer 7

Under certain circumstances a corporation may be convicted of crimes and punished by fines.

Question 8

White collar crime

Answer 8

Non-violent crime involving deceit, corruption, or breach of trust.

Question 9

Computer crime (cybercrime)

Answer 9

Use of a computer to commit a crime.

Question 10

Racketeering Influenced and Corrupt Organizations Act (RICO)

Answer 10

Federal law intended to stop organized crime from infiltrating legitimate business.

Question 11

Larceny

Answer 11

Trespassory taking and carrying away of personal property of another with the intent to deprive the victim permanently of the property.

Question 12

Embezzlement

Answer 12

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.

Question 13

False pretenses

Answer 13

Obtaining title to property of another by means of representations one knows to be materially false, made with intent to defraud.

Question 14

Robbery

Answer 14

Committing larceny with the use or threat of force.

Question 15

Burglary

Answer 15

Breaking and entering the home of another at night with intent to commit a felony.

Question 16

Extortion

Answer 16

The making of threats to obtain money or property.

a.k.a. blackmail

Question 17

Bribery

Answer 17

Offering money or property to a public official to influence the official’s decision.

Question 18

Forgery

Answer 18

Intentional falsification of a document in order to defraud.

Question 19

Bad checks

Answer 19

Knowingly issuing a check without funds sufficient to cover the check.

Question 20

Defense of person or property

Answer 20

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.

Question 21

Duress

Answer 21

Coercion by threat of serious bodily harm is a defense to criminal conduct other than murder.

Question 22

Mistake of fact

Answer 22

Honest and reasonable believe that conduct is not criminal is a defense.

Question 23

Entrapment

Answer 23

Inducement by a law-enforcement official to commit a crime is a defense.

Question 24

Steps in criminal prosecution

Answer 24

Generally include arrest, booking, formal notice of charges, print preliminary hearing to determine probable cause, indictment or information, arraignment, and trial.

Question 25

Fourth Amendment

Answer 25

Protects individuals against unreasonable searches and seizures.

Question 26

Fifth Amendment

Answer 26

Protects persons against self-incrimination, double Jeopardy, and being charged with a capital crime except by grand jury indictment.

Question 27

Sixth Amendment

Answer 27

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.

Question 28

Subjective fault

Answer 28

-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.

Question 29

Objective fault

Answer 29

Gross deviation from reasonable conduct.

• criminal statutes refer to objective fault by terms such as carelessness or negligence.

Question 30

Liability without fault

Answer 30

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.

Question 31

Mala in se

Answer 31

Wrong in themselves or morally wrong

E.g. murder

Question 32

Mala prohibita

Answer 32

Not morally wrong but declared wrongful by law.

E.g. failing to drive on the right side of the road.

Question 33

Preliminary hearing

Answer 33

Determines whether there is probable cause.

Question 34

Indictment

Answer 34

Grand jury charges that the defendant should stand trial.

Question 35

Information

Answer 35

Formal accusation of a crime brought by a prosecutor.

Question 36

Arraignment

Answer 36

Proceeding whereby the accused is informed of the charge against him and enters a plea.

Question 37

Beyond a reasonable doubt

Answer 37

Proof that is entirely convincing; satisfied to a moral certainty.

Question 38

Exclusionary rule

Answer 38

Prohibition against the introduction of illegally seized evidence.

Question 39

Probable cause

Answer 39

Reasonable belief of the offense charged.