Chapter 7 - Crime Flashcards
Define Restitution
When a guilty defendant must reimburse the victim for the harm suffered
Define Beyond A Reasonable Doubt
The very high burden of proof in a criminal trial, demanding much more certainty than required in a civil trial
Define Acquit
Free someone from a criminal charge by a verdict of not guilty
When does a criminal defendant have a right to a trial?
When they are charged with an offense that could result in a sentence of six months or longer.
Define Felony
A serious crime, for which a defendant can be sentenced to one year or more in prison
Define Misdemeanor
A less serious crime, often punishable by less than a year in a county jail
Define Criminal Procedure
The process of investigating, interrogating, and trying a criminal defendant.
What percentage of prosecutions end in a plea bargain in federal court
75%
Define Guilt
A judge or jury’s finding that a defendant has committed a crime
What are two ways for a person to be found not guilt of a crime they committed?
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.
Define Duress
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
What does the Fourth Amendment state in regard to obtaining evidence?
It prohibits the government from making illegal searches and seizures of individuals, corporations, partnerships, and other organizations.
Define Warrant
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.
Define Probable Cause
It is likely that evidence of crime will be found in the place to be searched
What is the Exclusionary Rule?
It states that evidence obtained illegally may not be used at trial.
What does the Fifth Amendment do?
It bars the government from forcing any person to provide evidence against himself.
What is the landmark case that deals with self incrimination?
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.
What are the Miranda Rights?
- 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
How can someone waive Miranda rights?
They can waive their Miranda Rights as long as it is voluntarily, knowingly, and intelligently.
What does the Sixth amendment guarantee?
The right to a lawyer at all important stages of the criminal process.
Define National Security Letter (NSL)
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.
When can a secret National Security Letter be used?
Only if the government first demonstrated to a court’s satisfaction that disclosure of the NSL would risk serious harm.
Define Indictment
The government’s formal charge that the defendant has committed a crime and must stand trial
Define Grand Jury
A group of ordinary citizens that decides whether there is probable cause the defendant committed the crime with which she is charged
Define Arraignment
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)
Define Plea Bargain
An agreement in which the defendant pleads guilty to a reduced charge, and the prosecution recommends to the judge a relatively lenient sentence
Define Double Jeopardy
A criminal defendant may be prosecuted only once for a particular criminal offense.
What does the 8th Amendment prohibit?
Cruel and Unusual Punishment
Define Larceny
The trespassory taking of personal property with the intent to steal it
Define Fraud
Deception for the purpose of obtaining money or property
Define Arson
The malicious use of fire or explosives to damage or destroy real estate property or personal property
Define Embezzlement
The fraudulent conversion of property already in the defendant’s possession
Define Theft of Honest Services
Prohibits public and private employees from taking bribes or kickbacks.
Define Agent
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.
Define Racketeer Influenced and Corrupt Organizations Act (RICO)
A powerful Federal statute, originally aimed at organized crime, now use in many criminal prosecutions and civil lawsuits.
What is a violation of RICO?
RICO prohibits using two or more racketeering acts to accomplish any of these goals
- Investing in or acquiring legitimate businesses with criminal money
- Maintaining or acquiring businesses through criminal activity, or
- Operating businesses through criminal activity
Define Racketeering Acts
Any of a long list of specified crimes, such as embezzlement, arson, mail fraud, and wire fraud.
Define Treble Damages
A judgement for three times the harm actually suffered, as well as attorney’s fees.
Define Money Laundering
Using proceeds of criminal acts either to promote crime or conceal the source of the money.
What must an employer complete within three days of hiring a worker and why?
An I-9 form, which lists the items that can be used as documentation of employment eligibility.
Define Federal Sentencing Guidelines
The detailed rules that judges must follow when sentencing defendants convicted of federal crimes
Define Compliance Program
A plan to prevent and detect criminal conduct at all levels of a company
