Chapter 7 - Crime

Question 1

Define Restitution

Answer 1

When a guilty defendant must reimburse the victim for the harm suffered

Question 2

Define Beyond A Reasonable Doubt

Answer 2

The very high burden of proof in a criminal trial, demanding much more certainty than required in a civil trial

Question 3

Define Acquit

Answer 3

Free someone from a criminal charge by a verdict of not guilty

Question 4

When does a criminal defendant have a right to a trial?

Answer 4

When they are charged with an offense that could result in a sentence of six months or longer.

Question 5

Define Felony

Answer 5

A serious crime, for which a defendant can be sentenced to one year or more in prison

Question 6

Define Misdemeanor

Answer 6

A less serious crime, often punishable by less than a year in a county jail

Question 7

Define Criminal Procedure

Answer 7

The process of investigating, interrogating, and trying a criminal defendant.

Question 8

What percentage of prosecutions end in a plea bargain in federal court

Answer 8

75%

Question 9

Define Guilt

Answer 9

A judge or jury’s finding that a defendant has committed a crime

Question 10

What are two ways for a person to be found not guilt of a crime they committed?

Answer 10

My being forced to commit a crime if they acted under duress
-A defendant is not guilt of a crime if they were forced to commit it.In other words they are not guilty if they acted under duress
Or
They were induced by the government to break the law.
-When the government induces the defendant to break the law, the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime.

Question 11

Define Duress

Answer 11

A criminal defense in which the defendant shows that she committed the wrongful act because a third person threatened her with imminent physical harm
An improper threat made to force another party to enter into a contract

Question 12

What does the Fourth Amendment state in regard to obtaining evidence?

Answer 12

It prohibits the government from making illegal searches and seizures of individuals, corporations, partnerships, and other organizations.

Question 13

Define Warrant

Answer 13

Written permission from a neutral official to conduct a search
-The warrant must specify with reasonable certainty the place to be searched and the items to be seized.

Question 14

Define Probable Cause

Answer 14

It is likely that evidence of crime will be found in the place to be searched

Question 15

What is the Exclusionary Rule?

Answer 15

It states that evidence obtained illegally may not be used at trial.

Question 16

What does the Fifth Amendment do?

Answer 16

It bars the government from forcing any person to provide evidence against himself.

Question 17

What is the landmark case that deals with self incrimination?

Answer 17

Miranda v. Arizona - Miranda, after being held for two hours without be told he had a right to have a lawyer present signed a confession. Neither that nor his oral confession ended up being admissible.

Question 18

What are the Miranda Rights?

Answer 18

• Right to remain silent
• That any statement they make may be used as evidence against him
• Right to an attorney present, either retained or appointed

Question 19

How can someone waive Miranda rights?

Answer 19

They can waive their Miranda Rights as long as it is voluntarily, knowingly, and intelligently.

Question 20

What does the Sixth amendment guarantee?

Answer 20

The right to a lawyer at all important stages of the criminal process.

Question 21

Define National Security Letter (NSL)

Answer 21

Permitted by the Patriot Act, it allows the FBI to bring it to communications firms and typically demands that the recipient furnish to the government customer records without ever divulging to anyone what it has done. They can be used to get phone records, financial records, etc.

Question 22

When can a secret National Security Letter be used?

Answer 22

Only if the government first demonstrated to a court’s satisfaction that disclosure of the NSL would risk serious harm.

Question 23

Define Indictment

Answer 23

The government’s formal charge that the defendant has committed a crime and must stand trial

Question 24

Define Grand Jury

Answer 24

A group of ordinary citizens that decides whether there is probable cause the defendant committed the crime with which she is charged

Question 25

Define Arraignment

Answer 25

The stage after arrest in which a person is called before court to answer a criminal charge (to say whether they are guilty or not guilty)

Question 26

Define Plea Bargain

Answer 26

An agreement in which the defendant pleads guilty to a reduced charge, and the prosecution recommends to the judge a relatively lenient sentence

Question 27

Define Double Jeopardy

Answer 27

A criminal defendant may be prosecuted only once for a particular criminal offense.

Question 28

What does the 8th Amendment prohibit?

Answer 28

Cruel and Unusual Punishment

Question 29

Define Larceny

Answer 29

The trespassory taking of personal property with the intent to steal it

Question 30

Define Fraud

Answer 30

Deception for the purpose of obtaining money or property

Question 31

Define Arson

Answer 31

The malicious use of fire or explosives to damage or destroy real estate property or personal property

Question 32

Define Embezzlement

Answer 32

The fraudulent conversion of property already in the defendant’s possession

Question 33

Define Theft of Honest Services

Answer 33

Prohibits public and private employees from taking bribes or kickbacks.

Question 34

Define Agent

Answer 34

A person performing a job at the company’s request
-If an agent commits a criminal act within the scope of his employment and with the intent to benefit the corporation, the company if liable.

Question 35

Define Racketeer Influenced and Corrupt Organizations Act (RICO)

Answer 35

A powerful Federal statute, originally aimed at organized crime, now use in many criminal prosecutions and civil lawsuits.

Question 36

What is a violation of RICO?

Answer 36

RICO prohibits using two or more racketeering acts to accomplish any of these goals

1. Investing in or acquiring legitimate businesses with criminal money
2. Maintaining or acquiring businesses through criminal activity, or
3. Operating businesses through criminal activity

Question 37

Define Racketeering Acts

Answer 37

Any of a long list of specified crimes, such as embezzlement, arson, mail fraud, and wire fraud.

Question 38

Define Treble Damages

Answer 38

A judgement for three times the harm actually suffered, as well as attorney’s fees.

Question 39

Define Money Laundering

Answer 39

Using proceeds of criminal acts either to promote crime or conceal the source of the money.

Question 40

What must an employer complete within three days of hiring a worker and why?

Answer 40

An I-9 form, which lists the items that can be used as documentation of employment eligibility.

Question 41

Define Federal Sentencing Guidelines

Answer 41

The detailed rules that judges must follow when sentencing defendants convicted of federal crimes

Question 42

Define Compliance Program

Answer 42

A plan to prevent and detect criminal conduct at all levels of a company