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LAW 3220 > Chapter 5 > Flashcards

Chapter 5 Flashcards

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1
Q

Act that violates a federal, state or local criminal law.

A

Crime

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2
Q

Only the _______ can bring criminal charges.

A

Government

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3
Q

Criminal law is ________ from civil law.

A

Different

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4
Q
  • Deals with private remedies
  • Monetary or equitable damages sought by a private party
  • No jail time, fines, or fees
A

Civil Law

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5
Q
  • Government brings the action
  • Trial occurs 1st before any civil trial begins against the same defendant
  • Jail time, fines, or fees sought
A

Criminal Law

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6
Q

When a case has a civil and criminal side, the __________ side always goes first.

A

Criminal

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7
Q

Crime Categories

A

(1) Felonies

(2) Punishment

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8
Q

More serious than misdemeanors.

A

Felonies

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9
Q

Depends on the category under which the person is convicted.

A

Punishment

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10
Q

Examples of Punishment:

A

(1) Death penalty
(2) Imprisonment
(3) Fines
(4) Unable to own a firearm
(5) Removal from public office

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11
Q

Classes / Degree

A

Denote severity of criminal charges.

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12
Q

Intent to kill (planned murder)

A

Class A

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13
Q

Unintentional murder

A

Class B

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14
Q

3 Categories of Felonies

A

(1) Violent
(2) Property
(3) White collar

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15
Q

Crimes against another human (murder, rape, armed robbery, assault, battery)

A

Violent Crimes

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16
Q

Crimes against property (burglary, theft, armed robbery, assault, battery)

A

Property Crimes

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17
Q

Crimes in business setting (embezzlement, bribery, fraud, money laundering)

A

White Collar Crimes

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18
Q

Defendant should have been aware of their actions, even if they didn’t intend to cause harm. Example: Drunk driver driving the wrong way down highway and hit and kills another.

A

Criminal Negligence

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19
Q

Government must prove beyond a reasonable doubt.

A

Standard of Conviction for a Crime

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20
Q

Two standards of conviction for a crime:

A

(1) Actus Reus

(2) Mens Rae

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21
Q

Accused committed the crime

A

Actus Reus

22
Q

Crime had the necessary intent or state of mind

A

Mens Rae

23
Q

True or False: If Actus Reus and Mens Rae are present, beyond reasonable doubt, guilt can be established.

A

True

24
Q

Can be convicted of a crime, and criminally liable for acts of employees who commit crimes while working within the scope of their employment.

A

Businesses

25
Q

Types of Sanctions

A

Fines, fees or loss of license

26
Q

True or False: A company can be held criminally liable for the criminal acts of their employees if those employees committed crimes while working within the scope of their employment.

A

True

27
Q

Fifth Amendment

A

Right against self incrimination

28
Q

Must be read when person accused is being held in suspicion of a crime.

A

Miranda Warnings

29
Q

What do the Miranda Warnings state?

A

(1) Right to remain silent

(2) Right to be represented by counsel

30
Q

Any statement made can be used as evidence against you in court.

A

Right to remain silent

31
Q

If accused cannot afford an attorney, one will be provided

A

Right to be represented by counsel

32
Q

Defenses

A

(1) Statue of Limitations
(2) Alibi
(3) Affirmative Defense
(4) Entrapment

33
Q

Time limit within which a charge must be brought.

A

Statue of Limitation (SOL)

34
Q

In unsolved murders, _________ may never end.

A

Statue of Limitations

35
Q

Raises doubt.

A

Alibi

36
Q

In an alibi, you _____ just have to prove defendant didn’t commit crime. Just have to raise doubt.

A

Don’t

37
Q

Even if a prosecutor’s claims are true, other facts prevent the claims from constituting the crime charged.

A

Affirmative Defense

38
Q

Affirming that you did commit the act but there is something out there about why you acted how you did.

A

Affirmative Defense

39
Q

Examples of Affirmative Defense

A

(1) Intoxication
(2) Insanity
(3) Self defense

40
Q

Law enforcement sets a trap to lure someone into committing a crime he/she had no intention of committing.

A

Entrapment

41
Q

Evidence Steps

A

(1) Strict standards for gathering evidence during discovery.
(2) If improperly obtained, evidence is excluded from trial.
(3) Accused is placed under arrest.
(4) Booked at police station, photographed, finger printed.
(5) Arraignment
(6) Sometimes a plea bargain is attempted.

42
Q

Exclusionary Rule

A

Allows evidence to be excluded from trial. Referred to as the “fruit of the poisonous tree”.

43
Q

Generally required to search property or persons.

A

Warrants

44
Q

Warrant Steps

A

(1) Issued by judge or magistrate
(2) Law enforcement officials must show probable cause to a judge to obtain a warrant.
* ** EXCEPTIONS APPLE (hot pursuit, closely regulate business)

45
Q

Court appearance of accused (before a judge or magistrate). They plead guilty, no contest or not guilt. Judge may release the accused or require bail. Violent criminals, or those who might flee before trial, can be held without bail, or bail is set impossibly high.

A

Arraignment

46
Q

Defendant pleads guilty to charges or lesser charges or pleads no contest in exchange for lowered punishment.

A

Sometimes a plea bargain is attempted.

47
Q

True or False: Each attorney does their own investigation in the criminal case discovery.

A

True

48
Q

Criminal Case Discovery Steps:

A

(1) Disclose only subset of what is found to the other side prior to trial.
(2) Just before trial, parties finally exchange witness and exhibit lists.
(3) Prosecution must disclose any exculpatory evidence they find.
(4) Defendant must be found guilty beyond reasonable doubt.
(5) Double Jeopardy
(6) If jury can’t agree on verdict, it’s a mistrial and prosecutor must decide whether to proceed against defendant again.

49
Q

Evidence that may show the defendant is not guilty. However, defense attorney in a criminal case has no obligation to disclose to prosecution evidence showing their guilt.

A

Exculpatory Evidence

50
Q

If jury finds the defendant innocent, then _______.

A

End of Matter

51
Q

Prevents a defendant from being tried a 2nd time for the same exact crime.

A

Double Jeopardy

52
Q

Jury can’t come to a conclusion (Not double jeopardy if they do, sine verdict was never reached).

A

Mistrial

LAW 3220 (14 decks)

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