Chapter 5 Flashcards
Crime
Action that violates a federal, state or local criminal law. Only the government can bring criminal charges
Civil Law
Deals with private rights and remedies, monetary or equitable damages are sought by a private party, there is no jail time, fees, fines
Criminal Law
- Government brings the action, trial occurs 1st before any civil trials against the same defendant where there is jail time, fines and fees sought.
Felonies
They are more serious than misdemeanors, classifications (class a, and class b) and degrees (1st degree, 2nd degree) denote severity of criminal charge.
Violent Crimes
Murder, Rape, Armed Robbery, Assault, Battery, Property Crimes: Burglary, Theft, Receipt of stolen goods, White collar crimes: Embezzlement, bribery, fraud, money laundering.
Punishment
Depends on category under which person is convicted. Most heinous crimes may carry death penalty, imprisonment/crimes, unable to own a firearm, removal from public office.
Criminal Negligence
Depends on category under which person is convicted. Most heinous crimes may carry death penalty, imprisonment/crimes, unable to own a firearm, removal from public office.
Standard of Conviction
When a defendant should have been aware of the risks of their actions, even if they didn’t intend to cause harm
Examples of Criminal Negligence
Drunk Driver driving the wrong way down the highway
Actus Reus
: Government must prove beyond a reasonable doubt that accused committed the crime
Mens Rea
crime had the necessary intent of mind
If mens rea and actus reus are present?
Guilt can be established
The 5th amendment is better known as the ?
Miranda Rights
Miranda Rights are?
rights must be read if a person is accused of or being held in suspicion of a crime. 5th amendment right to remain silent (any statements made can be used as evidence against you in court)
-Right to be represented by counsel, if accused cannot afford an attorney, one will be provided by the court.
The statues of limitation
Vary by case and crime but in unsolved murders, they may never run out
What is the purpose of an alibi?
is meant to raise doubt in the minds of the jurors
Affirmative Defenses
Even if prosecutor’s claims are true, other facts prevent the claims from consulting the crime (Intoxication, Insanity, Self-Defense)
Entrapment
Law enforcement sets a trap to lure someone into committing a crime he/she has no intention of committing.
If evidence is improperly obtained?
evidence is excluded (exclusionary rule), referred to as the fruit of poisonous tree.
Warrants are needed for?
search of property, persons or seizure of property. It is issued by a judge or magistrate, with the exception for the clause of hot pursuit. Law enforcement officials must show probable cause to obtain a warrant.
What is arraignment ?
The accused is placed under arrest. Booked at police station, photographed and fingerprinted. The arraignment is the court appearance of the accused
What can the alleged guilty plead?
guilty, nolo contendere (no contest), or innocent.
After the defendant pleads what happens?
Judge may release the accused or require bail, and sets court date.
For a violent criminal or someone who might flee before trial, what may a judge do with their bail?
Set it so high that they cannot post, or held without bail.
