Chapter Ten Flashcards
crime
a wrong against society proclaimed in a statute and punishable by society
punishments
-fine
-imprisonment
death
criminal law prosecution
by state
district attorney - state
Attorney General - state
Government role in criminal law
Plaintiff
- prove beyond reasonable doubt
Beyond reasonable doubt
that standard used to determine the guilt or innocence of a person
Differences between criminal law
Plaintiff - state for criminal and person for civil
wrongful act - civil, caused harm to person and criminal violated a statute prohibiting some type of activity
verdict - civil, 3/4th and criminal. unanimous
remedy - civil, compensation and criminal fine, imprisonment or death
Felony
a crime such as arson, murder, rape or robbery - that carries most severe sanctions,
range from one year to life imprisonment.
Misdemeanor
lesser crime than felony
punishable by fine or imprisonment for up to one year
Petty offense
least serious kind of crime
ie. traffic violation
Elements to be convicted of a crime
- the performance of a prohibited act
(actus reus - a guilty act) - a specific state of mind, or intent, on the part of the act
(men’s rea - criminal intent)
Recklessness
consciously disregarding a substantial and unjustifiable risk
Criminal negligence
mental state of mind where the defendant takes an unjustified, substantial and foreseeable risk that results in harm
Liability of the corporate entity
corporations are liable for crimes committed by agents in the scope of job
corporations can be liable for failing to perform specific duties
Liability of corp. officers and directors
personally liable for crimes they commit
Types of crimes
violent crime
property crime
public order crime
white collar crime
organized crime
violent crime
crimes against people
classified by degree on the circumstances start are:
- intent of the person committing the crime
- whether a weapon was used
property crime
most common
goal of the offender is economic gain
Burglary
Larency
theft
arson
forgery
Burglary
unlawful entry into a building with intent of committing a felony
Larency
wrongful taking and carrying of another person’s personal property with intent to deprive owner of property
Public Order Crime
drunkness
prostitution
gambling
illegal drug use
White collar crime
nonviolent crime committed by individuals or corps. to obtain a personal or business advantage.
money related
embezzlement
mail and wire fraud
bribery
Embezzlement
fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted
Foreign Corrupt Practices Act
prohibits U.S. persons from bribing foreign officials to secure beneficial contracts
bribery
offering to give someone something of value in an attempt…
three types:
bribery of public officials
commercial bribery
bribery of foreign officials
bankruptcy fraud
when a company goes after someone who filed bankruptcy even though they don’t owe them
insider trading
a person may not profit from a purchase or sale of securities based on inside info until the info is made public
organized crime
operated illegitimately by providing illegal goods and services
gambling
prostitution
illegal narcotics
counterfeit
money laundering
conceals source or identity of where illegal funds come from
largest is ART
racketeering
RICO
getting together and doing petty little crimes
act of acquiring a business through illegal activity
use illegal income in an enterprise
maintain an interest
conduct business
conspire
self-defense
legally recognized privilege to protect one’s self or property
defense to criminal charges
insanity
self-defense
mistake
duress
unlawful pressure brought to bear on a person, causing the person to perform
mistake of fact
ignorance of the law or a mistaken idea of what the law requires
statute of limitations
gov must initiate prosecution within a certain time period
criminal procedures
designed to:
protect the constitutional rights of individuals. being charged
prevents gov from abusing power
protection under
4th amendment - probable cause for search, warrant, or arrest
5th amendment - plead fifth, no double jeopardy
6th Amendment - right to a speedy trial, right to confront witnesses, right to a lawyer
8th Amendment - prohibits excessive bail and fines, cruel and unusual punishment
indictment
a charge by a grand jury that a reasonable basis exists for believing that a crime has been committed and that a trial should be held
not public
