Chapter 7

Question 1

Criminal laws

Answer 1

Provide an incentive for persons to act reasonably in society and imposing penalties on persons who violate them

Question 2

Crime

Answer 2

Any act done by an individual in violation of those duties that he or she owes to society and for the breach of which the law provides that the wrongdoer shall make amends to the public

Question 3

Penal codes

Answer 3

A collection of criminal statutes

Question 4

In a criminal lawsuit, what is the government?

Answer 4

The plaintiff

Question 5

What is the lawyer that represents the government called?

Answer 5

The prosecutor

Question 6

In a criminal lawsuit, who is the accused?

Answer 6

The defendant

Question 7

Who represents the defendant?

Answer 7

The defense attorney

Question 8

Felony

Answer 8

The most serious type of crime; inherently evil crime. Most crimes against persons and some business-related crime are felonies

Question 9

Misdemeanors

Answer 9

A less serious crime than a felony; not inherently evil but prohibited by society Many crimes against property are misdemeanors

Question 10

Violation

Answer 10

A crime that is neither a felony nor a misdemeanor and that is usually punishably by a fine

Question 11

Essential elements of crime

Answer 11

1. Criminal Act

2. Criminal Intent

Question 12

Criminal Act

Answer 12

The defendant must have actually performed the prohibited act

Question 13

Actus reus

Answer 13

The actual performance of the criminal act

Question 14

Mens rea (criminal intent)

Answer 14

“Evil intent”-the possession of the requisite state of mind to commit a prohibited act

Question 15

Specific intent

Answer 15

Found where the accused purposefully, intentionally, or with knowledge commits a prohibited act

Question 16

General intent

Answer 16

Found where there is a showing of recklessness or a lesser degree of mental culpability

Question 17

Strict, or absolute, liability

Answer 17

A standard for imposing criminal liability without a finding of mens rea (intent)

Question 18

Arrest warrant

Answer 18

A document for a person’s detainment, based on a showing of probable cause that the person committed the crime

Question 19

Indictment

Answer 19

The charge of having committed a crime (usually a felony), based on the judgement of a grand jury

Question 20

Information

Answer 20

The charge of having committed a crime (usually a misdemeanor), based on the judgement of a judge (magistrate)

Question 21

Arraignment

Answer 21

A hearing during which the accused is brought before a court and is (1) informed of the charges against him or her and (2) asked to enter a plea

Question 22

Plea of nolo contendere

Answer 22

The accused agrees to the imposition of a penalty but does not admit guilty

Question 23

Plea bargain

Answer 23

A situation in which the accused admits to a lesser crime than charged. In return, the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial

Question 24

Robbery

Answer 24

The taking of personal property from another person by the use of fear or force

Question 25

Burglary

Answer 25

Breaking and entering a dwelling at night with the intent to commit a felony

Question 26

Larceny

Answer 26

The taking of another's personal property other than from his or her person or building

Question 27

Receiving stolen property

Answer 27

(1) Knowingly receiving stolen property and (2) intending to deprive the rightful owner of that property

Question 28

Arson

Answer 28

The willful or malicious burning of another's building

Question 29

Forgery

Answer 29

The fraudulent making or altering of a written document that affects the legal liability of another person

Question 30

Extortion, or blackmail

Answer 30

A threat to expose something about another person unless that other person gives money or property

Question 31

White-collar crimes

Answer 31

Crimes usually involving cunning and deceit rather than physical force

Question 32

Embezzlement

Answer 32

The fraudulent conversion of property by a person to whom that property was entrusted

Question 33

Criminal fraud

Answer 33

The act of obtaining title to property through deception or trickery. Also known as false pretenses or deceit

Question 34

Mail fraud

Answer 34

The use of mail to defraud another person

Question 35

Wire fraud

Answer 35

The use of telephone or telegraph to defraud another person

Question 36

Bribery

Answer 36

The act of one person giving another person money, property, favors, or anything else of value for a favor in return. Often referred to as a payoff or kickback

Question 37

Unreasonable search and seizure

Answer 37

Any search and seizure by the government that violates the Fourth Amendment

Question 38

Search warrant

Answer 38

A warrant issued by a court that authorizes the police to search a designated place for specified contraband, articles, items, or documents. The search warrant must be based on probable cause

Question 39

Exclusionary rule

Answer 39

A rule that says that evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or administrative proceeding against the person searched

Question 40

Criminal conspiracy

Answer 40

A situation in which two or more persons enter into an agreement to commit a crime and an overt act is taken to further the crime

Question 41

Attempt to commit a crime

Answer 41

A situation in which a crime is attempted but not completed

Question 42

The government usually brings criminal conspiracy charges if:

Answer 42

(1) the defendants have been thwarted in their efforts to commit the substantive crime or (2) there is insufficient evidence to prove the substantive crime

Question 43

Aiding and abetting the commission of a crime

Answer 43

Rendering support, assistance, or encouragement to the commission of a crime; harboring a criminal after he or she has committed a crime

Question 44

Self-incrimination

Answer 44

The giving of testimony that will likely subject a person to criminal prosecution. The Fifth Amendment states that no person shall be compelled in any criminal case to be a witness against him or herself

Question 45

Immunity from prosecution

Answer 45

A situation in which the government agrees not to use any evidence given by a person granted immunity against that person

Question 46

Attorney-client privilege

Answer 46

A rule that says a client can tell his or her lawyer anything about the case without fear that the attorney will be called as a witness against the client

Question 47

Privileges also recognized under the Fifth Amendment

Answer 47

1. Psychiatrist/psychologist -- Patient privilege 2. Priest/minister/rabbi -- Penitent privilege 3. Spouse -- Spouse privilege 4. Parent -- Child privilege

Question 48

Double jeopardy clause

Answer 48

A clause of the Fifth Amendment that protects persons from being tried twice for the same crime

Question 49

The Sixth Amendment guarantees certain rights criminal defendants, which are:

Answer 49

1. To be tried by an impartial jury of the state or district in which the alleged crime was committed 2. To confront (cross-examine) the witnesses against the accused 3. To have the assistance of a lawyer 4. To have a speedy trial

Question 50

Cruel and unusual punishment

Answer 50

A provision of the Eight Amendment that protects criminal defendants from torture or other abusive punishment

Question 51

Specifics of a Criminal Trial

Answer 51

1. The accused is Presumed Innocent Until Proven Guilty 2. The plaintiff (the government) bears the Burden Of Proof 3. The government must prove Beyond A Reasonable Doubt that the accused is guilty of the crime charged 4. The accused does not have to testify against him or herself