Chapter 8

Question 1

Criminal Procedure

Answer 1

The process by which criminals are accused, tried, and sentenced.

Question 2

Criminal Law

Answer 2

Prohibits and punishes conduct that threatens public safety and welfare

Question 3

Restitution

Answer 3

A court order that a guilty defendant reimburse the victim for the harm suffered

Question 4

Felony

Answer 4

A serious crime, for which a defendant can spend one or more years in prison

Question 5

Misdemeanor

Answer 5

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

Question 6

Mens Rea

Answer 6

State of mine (mentally knowing whats going on)

Question 7

Actus Reus

Answer 7

Act, have to act on it and commit to it.

Question 8

4th Amendment

Answer 8

protects over illegal searches and seizures need to have a warrant to search and have to have probable cause

Question 9

Searches without a warrant

Answer 9

1. Plain view- see something in the open
2. Stop and frisk
3. Emergencies
4. Automobile- lawfully stop a car and see evidence pertaining to other crimes
5. Lawful arrest- search a suspect if arrested
6. Consent-allow a search

Question 10

Voluntary act

Answer 10

A defendant is not guilty of a crime if she was forced to commit it. In other words she is not guilty if she acted under duress

Question 11

Entrapment

Answer 11

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 12

Exclusionary Rule

Answer 12

Evidence obtained illegally may NOT be used in trial

Question 13

5th amendment

Answer 13

Protects criminal defendants- both the innocent and guilty. Due Process requires fundamental fairness at all stages of the case

Question 14

Larceny

Answer 14

Is the trespassing and taking of personal property with the intent to steal it without the owner knowing

Question 15

Fraud

Answer 15

The deception of another person for the purpose of obtaining money or property

Question 16

Embezzlement

Answer 16

Having lawful possession and putting the money elsewhere. (usually for themselves)

Question 17

Burglary

Answer 17

Breaking into someones property and stealing something

Question 18

R.I.C.O

Answer 18

Rackater Influenced and corrupt organization- go after the mafia and illegal activity.

Question 19

Money Laundering

Answer 19

Pay for criminal acts, promote crime or attempting to conceal the source of the money

Question 20

Inevitable Discovery

Answer 20

Permits the use of evidence that would inevitably have been discovered even without the illegal search

Question 21

Grand Jury

Answer 21

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

Question 22

Indictment

Answer 22

The governments formal charge that the defendant has committed a crime and must stand trial

Question 23

Plea Bargain

Answer 23

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

Question 24

8th Amendment

Answer 24

Prohibits cruel and unusual punishment

Question 25

Double Jeopardy

Answer 25

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

Question 26

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

Answer 26

Investing in or acquirign legitimate businesses with criminal money Maintaing or acquiring businesses through criminal activity Operating businesses through criminal activity

Question 27

Corporate Liability

Answer 27

If a company agent commits a criminal act within the scope of her employment and with the intent to benefit the corporation, the company is liable

Question 28

Compliance Program

Answer 28

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