CH5 Flashcards
Know the limits Constitutions put on crimes
Constitutions limits crimes and punishments
Know the definition of felony
A felony is a serious crime
Know an example of a victimless crime
Drug abuse
Know who decides to bring criminal charges
Prosecutors
Know why politics can come into decisions about which crimes to prosecute
All prosecutors are elected
Know the standard required for conviction
The accused committed the illegal act
There was necessary intent or state of mind to commit the act
Know the definition of Criminal Negligence
A degree of carelessness amounting to a culpable disregard of rights and safety or others
Know the mens rea for killing someone while drunk driving
Negligence
Know the main three rights of the Miranda Rights
Their right to remain silent
Right to be represented by counsel
Must be told that statements that they make can be used as evidence against theme
Know what happens to the statute of limitations if the accused fleas the country to avoid prosecution
The legal clock stops running under certain circumstances
The state loses the right to bring the suit
Know what an alibi is
Other evidence that they did not commit the crime
Know what happens if the police obtain evidence improperly
It is excluded and the prosecution may fail
Know the elements of Bankruptcy Fraud
Occurs when creditors are given false information, or when improper pressure is applied to bankruptcy petitioners
Know the elements of Bribery
The offer of or taking of moneys, goods, services, or other things of value to influence official actions or decisions
Know the elements of Money Laundering
The act of transferring illegally obtained money through legitimate people or accounts so that its original source cannot be traced; a federal crime that is often involved in illegal international transactions
Know the RICO Act
Its a law to try to go after an organized crimes and other crimes as well
Know the court’s ruling in US v Aboshady regarding the Defendant’s personal emails
Defendant could contest inclusion of individual of emails that were outside the issues in trial but that was not relevant because the documents were properly filtered
Know why sentencing guidelines were created
Make it consistent across the country
A Negligent Act
Carelessness amounting to a culpable disregard of rights and safety of others
Ex: Drunk Driving
If the government can prove beyond a reasonable doubt that
The accused committed the illegal act
That there was necessary intent or state of mind to commit the act then
The accused may be convicted of the crime
