Chapter 21 Criminal Law and Procedures Flashcards
An individual acting as a trial lawyer, who initiates and conducts criminal cases in the government name and on behalf of the people.
Public Prosecutor
a court appointed attorney who is paid by the state to represent a criminal defendant who is unable to hire private counsel.
Public Defender
A broad term for violation of law that are punishable by the state and are codified by legislate. The objective of criminal law is to protect the public.
Crime
the standard used to determine the guilt or innocence or a person charges with a crime. to be guilty of a crime, a suspect must be proved guilty “beyond and to the exclusion of every reasonable doubt.”
Beyond a reasonable Doubt
A crime such as arson, murder, assault or robbery the carries the most severe sanctions. Sanctions range from one year in a state or federal prison to life imprisonment or (in some states) the death penalty.
Felony
A jury whose members are so irreconcilably divided in their opinions that they cannot reach a verdict. The judge in this system may order a new trial.
Hung Jury
the punishment, or penalty ordered by the court to be inflicted on a person convicted of a crime.
Sentence
In some jurisdictions, an alternative to prosecution that is offered to certain felony suspects to deter them from future unlawful acts.
Diversion Program
A crime less serious than a felony, punishable by a fine or incarceration for up to one year in jail (Not a state or federal penitentiary).
Misdemeanor
in criminal law, the least serious kind of wrong, such as a building code violation
Petty offense
a wrongful mental state or intent. A wrongful mental state is a requirement for criminal liability. What constitutes a wrongful mental state varies according to the nature of the crime.
Mens Rea
A common law doctrine under which the court may impose criminal liability on a corporate officer for actions of employees under his or her supervision regardless of whether he or she participated in, directed or even knew about the actions
Responsible Corporate Officer Doctrine
The evidence and arguments presented in the defendants support in a criminal action or lawsuit.
defense
the legally recognized privilege to protect oneself or ones property against injury by another. The privilege of self defense only protects acts that reasonably necessary protect oneself or ones property.
Self Defense
the use of reasonableness to protect others from harm.
Defense of others
The use of reasonable force to protect ones property from harm threatened by another. The use of deadly force in defending ones property is seldom justified.
defense of property
The taking of money, personal property or any other article of value from a person by means of force or fear.
Robbery
Breaking and entering onto the property of another with the intent to commit a felony.
Burglary
The wrongful or fraudulent taking and carrying away of another persons personal property with the intent to deprive the person permanantly of the property.
Larceny
The willful and malicious burning of a building (and in some states personal property) owned by another; arson statutes have been extended to cover the destruction of any building, regarldess of ownership by fire or explosion.
Arson
The fraudulent making or altering of any writing in any way that changes the legal rights and liabilities of another.
Forgery
A crime that typically occurs in a business contract, popularly used to refer to an illegal act or series of acts committed by a person or business entity using nonviolent means.
White Collar Crime
The fraudulent appropriation of the property of money of another by a person entrusted with that property or money.
Embezzlement
trading in the stock of a publicly listed corporation based on inside information. One who possess insider information and has a duty not to disclose it to outsiders and may not profit from the purchase or sale of securities based on that information until the information is available to the public.
Insider Trading
A certification or declaration following a trial that the individual accused of the crime is innocent or free from guilt, in the eyes of the law and is absolved of the charges.
acquittal
Falsely reported income that had been obtained through criminal activity, such as illegal drug transactions, as income obtained through a legitimate business enterprise to make the “dirty” money “clean”
Money Laundering
A crime that occurs online, in the virtual community of the internet, as opposed to the physical world
Cyber crime
the theft of a form of identification, such as a name, date of birth, Social Security Number, which is then used to access the victims financial resources
Identity Theft
A person who uses ones computer to break into another
Hacker
The crime of stalking in cyberspace. they usually find the victim through internet chat rooms, newsgroups, bulletin boards or email and proceeds to harass that person or put the person in reasonable fear for his or her safety or the safety of their family
Cyber stalker
the use of communication technology to inflict harm on others by deliberate, reported hostile behavior.
cyberbullying
fair, reasonable and standard procedures that must be used by the government in any legl action against a citizen. The fifth amendment to the US Constitution prohibits the deprivation of “life, liberty or property without due process of law.
Due process of law
to place at risk (jeopardize) a persons life or liberty twice. The fifth Amendment to the constitution prohibits a second prosecution for the same criminal offense.
double jeopardy
to take into custody a person suspected of criminal activity
Arrest
the act of giving testimony that implicates oneself in a criminal wrongdoing. The fifth amendment states that no person “shall be compelled in any criminal case to be a witness against himself.
self-incrimination
In criminal procedure, a rule under which any evidence obtained in violation of the accused constitutional rights, as well as any evidence derived from illegally obtained evidence, will not be admissable in court.
exclusionary rule
Certain constitutional rights of accused persons taken into custody by law enforcement officials, as established by the US Supreme Courts Decision in Miranda v. Arizona
Miranda Rights
the process of entering a suspects name, offense, and arrival time into the police log (blotter) following his or her arrest.
booking
reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person.
probable cause
a written order, based on probable cause and issued by a judge or public official (magistrate) commanding that the person named on the warrant be arrested by the police.
arrest warrant
a written order, based on probable cause and issued by a judge or public official (magistrate) commanding that police officers or criminal investigators search a specific person, place or property to obtain evidence.
search warrant
the amount of money or conditions set by the court to ensure that an individual accused of a crime will appear for future criminal proceedings. If the accused person provides bail, whether by cash or bail bond, then the person is released from jail
Bail
an initial hearing in which a judge or magistrate decides if there is probable cause to believe that the defendant committed the crime with which he or she is charged.
preliminary hearing
A formal criminal charge made by a prosecutor without a grand jury indictment.
information
a group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which he or she has been charged and should stand trial.
grand jury
a charge of written accusation, issued by a grand jury, that probable cause exists to believe that a person has committed a crime for which he or she should stand trial
Indictment
a court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment. The suspect then enters a plea, guilty, not guilty, nolo contender) in response.
Arrainment
Latin for “I will not contest it” a criminal defendents plea in which he or she chooses not to challenge, or contest the charges brought by the government. Although the defendent will still be convicted and sentenced, the plea neither admits or denies guit.
Nolo Contendere
The process by which the accused and the prosecutors in a criminal case work out a mutually satisfactory disposition of the case, subject to court approval. Usually involves the defendent pleading guilty to a lesser offense in return for a lighter sentence.
Plea bargaining
A motion requesting that certain evidence be excluded from consideration during the trial.
Motion to supress evidence
a motion requesting that a trial be moved to a different location to ensure a fair and impartial proceeding, for the convenience of the parties or for some other acceptable reason.
Motion for a change of venue
a motion to remove a particular judge from a case.
Motion to sever
