Chapter 3 & 4 Flashcards
In Criminal Law, what are the levels of fault?
Subjective, Objective, Strict Liability
Subjective Fault
Knowing, Purposeful, Reckless
Assault, Theft, Fraud
Objective Fault
Careless, Negligent
Careless operation of a vehicle, bad checks
Strict Liability
Hazardous Spills
Crimal Violators can be faced with?
Imprisonment or Death
Fines
Restitution Payments
Probabtion
Community Service
Two Parts of a Crime?
Act - actus reas
Intent - mens reas
Examples of Felonies
Murder
Rape
Armed Robbery
Embezzlement
Bribery
Examples of Misdemeanors
Disorderly Conduct
Vandalism
Trespass
Shoplifting
Public Intoxication
Examples of Violations
Traffic Infractions
Jaywalking
Other Similar Crimes
What are the steps in a Criminal procedure?
- Arrest
- Indictment
- Arraignment
- Plea Bargains
- Trial
- Appeal
What is the Fourth Amendment?
Protection from unreasonable search and seizures.
Search Warrant must be based on?
Probable Cause
What are the exceptions to needing a warrant for a search or seizure?
- incident to arrest
- plain sight of police
- exigent circumstances
- in plain sight of the public
- drug dogs
- inventory of arrestee
- permission is given
- highly regulated business
What is the Fifth Amendment?
Protection from self-incrimination & Double Jeopardy
No person shall be …
compelled in any criminal case to be a witness against himself.
Fifth Amendment privilege does not extend to …
DNA Samples
Fingerprints
Bloodstains
Other physical evidence
Fifth Amendment is the foundation of …
The Miranda Rights
Double Jeopardy means …
No person “…shall be subject for the same offense to be twice put in jeopardy of life of limb.”
What is the Sixth Amendment?
Speedy, impartial and public trial
Other Sixth Amendment Rights …
Jury Trial
Information regarding crime
confront and cross-examination
compel favorable witnesses
assistance of counsel
Betts v. Brady
counsel only provided for capitol offenses
Gideon v. Wainwright
Supreme Court overturned the Betts case, and assistance of counsel is provided to all criminal prosecutions.
Federal statutory law requires that a trial begins no more than _______ days after indictment.
70
What is the Eighth Amendment?
Prohibits cruel or unusual punishment
*prohibition against torture, but doesn’t prohibit capitol punishment.
5 Criminal Laws affecting Aviation
- Document Falsification
- Mail and Wire Fraud
- Hazardous Material Transportation
- Resource Conservation & Recovery Act
- Miscellaneous Crimes
Examples of Document Falsification
Aircraft Maintenance Logbook
Application for Medical Certificate
Pilot entries in a logbook
Punishment for Document Falsification and US Code?
5 years; 18 USC 1001
Examples of Mail and Wire Fraud
Phone, Fax, Computer, TV
Maintenance Log and Safety Ads
Punishment for Wire Fraud and US code?
5 years, but can be stacked (actual crime + fraud) for a total of 10 years
18 USC 1341 & 1343
Examples of Haz. Mat. Transportation
Packaging
Storing
labeling Haz. Materials
HAz. Mat. US Code?
49 USC 5101
Resource Conservation and Recovery Act (RCRA) examples?
Disposal
Treatment
Transportation
Storage of Haz. waste
Punishment for RCRA violations and US Code
5 years - 50K fine per day
USC 6928
Miscellaneous Crimes …
certificate forgery
operating and unregistered aircraft
unauthorized fuel tank modifications
failure to comply with NTSB or DOT subpoena
What is a TORT?
A civil wrongdoing
What type of remedy is sought with a tort?
Most often Monetary
Medical expenses, lost wages, property damage
3 Tort Objectives
- Compensate persons who are injured
- Require those who caused the injury to pay
- Prevent future injury
3 Elements of a Tort
- Breach of a duty
- Proximate cause of an injury
- Injury or damage to a person legally protected
Two types of Torts?
Intentional & Unintentional
Intentional Torts … (8)
Assault
Battery
False imprisonment
Intentional Infliction of Emotional Distress
Defamation
Trespass to Real Property
Trespass to personal property
Conversion of Personal Property
What is an Assault?
perceived fear of immediate or immenant harm
Elements of an Assault
There is no requirement for physical contact
*The threat of future harm does not count
What is Battery?
Intentional, unauthorized, harmful or offensive contact with another
Elements of battery
Victim does not need to be aware
*can be battered without being assaulted (punched in back of head, didn’t see it coming)
