Chapter 5 Flashcards
Act that violates a federal, state or local criminal law.
Crime
Only the _______ can bring criminal charges.
Government
Criminal law is ________ from civil law.
Different
- Deals with private remedies
- Monetary or equitable damages sought by a private party
- No jail time, fines, or fees
Civil Law
- Government brings the action
- Trial occurs 1st before any civil trial begins against the same defendant
- Jail time, fines, or fees sought
Criminal Law
When a case has a civil and criminal side, the __________ side always goes first.
Criminal
Crime Categories
(1) Felonies
(2) Punishment
More serious than misdemeanors.
Felonies
Depends on the category under which the person is convicted.
Punishment
Examples of Punishment:
(1) Death penalty
(2) Imprisonment
(3) Fines
(4) Unable to own a firearm
(5) Removal from public office
Classes / Degree
Denote severity of criminal charges.
Intent to kill (planned murder)
Class A
Unintentional murder
Class B
3 Categories of Felonies
(1) Violent
(2) Property
(3) White collar
Crimes against another human (murder, rape, armed robbery, assault, battery)
Violent Crimes
Crimes against property (burglary, theft, armed robbery, assault, battery)
Property Crimes
Crimes in business setting (embezzlement, bribery, fraud, money laundering)
White Collar Crimes
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.
Criminal Negligence
Government must prove beyond a reasonable doubt.
Standard of Conviction for a Crime
Two standards of conviction for a crime:
(1) Actus Reus
(2) Mens Rae
Accused committed the crime
Actus Reus
Crime had the necessary intent or state of mind
Mens Rae
True or False: If Actus Reus and Mens Rae are present, beyond reasonable doubt, guilt can be established.
True
Can be convicted of a crime, and criminally liable for acts of employees who commit crimes while working within the scope of their employment.
Businesses
Types of Sanctions
Fines, fees or loss of license
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.
True
Fifth Amendment
Right against self incrimination
Must be read when person accused is being held in suspicion of a crime.
Miranda Warnings
What do the Miranda Warnings state?
(1) Right to remain silent
(2) Right to be represented by counsel
Any statement made can be used as evidence against you in court.
Right to remain silent
If accused cannot afford an attorney, one will be provided
Right to be represented by counsel
Defenses
(1) Statue of Limitations
(2) Alibi
(3) Affirmative Defense
(4) Entrapment
Time limit within which a charge must be brought.
Statue of Limitation (SOL)
In unsolved murders, _________ may never end.
Statue of Limitations
Raises doubt.
Alibi
In an alibi, you _____ just have to prove defendant didn’t commit crime. Just have to raise doubt.
Don’t
Even if a prosecutor’s claims are true, other facts prevent the claims from constituting the crime charged.
Affirmative Defense
Affirming that you did commit the act but there is something out there about why you acted how you did.
Affirmative Defense
Examples of Affirmative Defense
(1) Intoxication
(2) Insanity
(3) Self defense
Law enforcement sets a trap to lure someone into committing a crime he/she had no intention of committing.
Entrapment
Evidence Steps
(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.
Exclusionary Rule
Allows evidence to be excluded from trial. Referred to as the “fruit of the poisonous tree”.
Generally required to search property or persons.
Warrants
Warrant Steps
(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)
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.
Arraignment
Defendant pleads guilty to charges or lesser charges or pleads no contest in exchange for lowered punishment.
Sometimes a plea bargain is attempted.
True or False: Each attorney does their own investigation in the criminal case discovery.
True
Criminal Case Discovery Steps:
(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.
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.
Exculpatory Evidence
If jury finds the defendant innocent, then _______.
End of Matter
Prevents a defendant from being tried a 2nd time for the same exact crime.
Double Jeopardy
Jury can’t come to a conclusion (Not double jeopardy if they do, sine verdict was never reached).
Mistrial
