Chapter 8

Question 1

Penal Code

Answer 1

Collection of criminal statutes

Question 2

Classification of crimes

Answer 2

Violations
misdemeanor
Felonies

Question 3

U.S criminal law system

Answer 3

Innocent until proven guilty
Burden of proof is on the government
guilty must be found beyond reasonable doubt

Question 4

Parties to a criminal act

Answer 4

Plantiff: Govt
Defendant: alleged criminal
Govt is represented by prosecutor
defendant is represented by defense attorney or public defender

Question 5

criminal penelties

Answer 5

imposition of fines
imprisonment

Question 6

Criminal act is also known as

Answer 6

Actus Reus

Question 7

Criminal intent is known as

Answer 7

Mens rea

Question 8

types of criminal intent

Answer 8

Specific
general

Question 9

Non intent crimes

Answer 9

imposes criminal liability without intent ex: involuntary manslaughter

Question 10

Arrest

Answer 10

police must obtain arrest warrant based on probable cause

Question 11

Warrantless arrests are allowed when

Answer 11

A commission of crime
A person fleeing the scene
A situation where evidence maybe destroyed

Question 12

booking

Answer 12

The admin process for an arrest

Question 13

magistrate judge

Answer 13

Deals with lesser crimes

Question 14

Arraignment

Answer 14

preceding where defendant is told of all charges and they enter a plea

Question 15

In a criminal trial

Answer 15

Verdict must be unanimus

Question 16

forgery

Answer 16

fraudulent making or altercation of a document that affect the legal liability of another person

Question 17

Embezzlement

Answer 17

fraudulent conversion of a property to whom that property was entrusted

Question 18

Criminal RICO

Answer 18

A federal crime to acquire or maintain an interest in, use income from, or conduct or participate in the affairs of an enterprise through a pattern of racketeering activity

Question 19

Criminal conspiracy

Answer 19

Two or more persons enter into an agreement to commit a crime

Question 20

Information Infrastructure Protection (I I P) Act:

Answer 20

Federal act that makes it a crime for anyone to access and acquire information intentionally from a protected computer without authorization

Question 21

Fourth Amendment

Answer 21

Protects against unreasonable search and seizer

Question 22

Exclusionary rule

Answer 22

Evidence obtained from an unreasonable search and seizure is prohibited from introduction at a trial

Question 23

Search of Electronic Information

Answer 23

The government can use electronic information taken from electronic devices; however, the government must establish probable cause that the information is relevant and obtain a search warrant to acquire it

Question 24

Searches of Business Premises

Answer 24

The government does not have the right to search business premises without a search warrant exception when its a hazardous and highly regulated industries can be warrentlessly searched if procedure is met

Question 25

Fifth amendmet

Answer 25

Protection against self incrimination

Question 26

Miranda rights

Answer 26

Rights that a suspect must be informed of before being interrogated

Question 27

Attorney-client privilege

Answer 27

client can say whatever without the fear that the attorney will be called witness

Question 28

Fifth amendment also provides

Answer 28

double jeopardy where a person cannot be tried again of they are found not guilty

Question 29

Sixth amendment

Answer 29

The right to a speedy and jury trial

Question 30

Eighth amendment

Answer 30

protects criminal defendants from torture or other abusive punishment