Chapter Ten

Question 1

crime

Answer 1

a wrong against society proclaimed in a statute and punishable by society

punishments
-fine
-imprisonment
death

Question 2

criminal law prosecution

Answer 2

by state

district attorney - state
Attorney General - state

Question 3

Government role in criminal law

Answer 3

Plaintiff
- prove beyond reasonable doubt

Question 4

Beyond reasonable doubt

Answer 4

that standard used to determine the guilt or innocence of a person

Question 5

Differences between criminal law

Answer 5

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

Question 6

Felony

Answer 6

a crime such as arson, murder, rape or robbery - that carries most severe sanctions,

range from one year to life imprisonment.

Question 7

Misdemeanor

Answer 7

lesser crime than felony
punishable by fine or imprisonment for up to one year

Question 8

Petty offense

Answer 8

least serious kind of crime
ie. traffic violation

Question 9

Elements to be convicted of a crime

Answer 9

1. the performance of a prohibited act
   (actus reus - a guilty act)
2. a specific state of mind, or intent, on the part of the act
   (men’s rea - criminal intent)

Question 10

Recklessness

Answer 10

consciously disregarding a substantial and unjustifiable risk

Question 11

Criminal negligence

Answer 11

mental state of mind where the defendant takes an unjustified, substantial and foreseeable risk that results in harm

Question 12

Liability of the corporate entity

Answer 12

corporations are liable for crimes committed by agents in the scope of job

corporations can be liable for failing to perform specific duties

Question 13

Liability of corp. officers and directors

Answer 13

personally liable for crimes they commit

Question 14

Types of crimes

Answer 14

violent crime
property crime
public order crime
white collar crime
organized crime

Question 15

violent crime

Answer 15

crimes against people

classified by degree on the circumstances start are:
- intent of the person committing the crime
- whether a weapon was used

Question 16

property crime

Answer 16

most common
goal of the offender is economic gain

Burglary
Larency
theft
arson
forgery

Question 17

Burglary

Answer 17

unlawful entry into a building with intent of committing a felony

Question 18

Larency

Answer 18

wrongful taking and carrying of another person’s personal property with intent to deprive owner of property

Question 19

Public Order Crime

Answer 19

drunkness
prostitution
gambling
illegal drug use

Question 20

White collar crime

Answer 20

nonviolent crime committed by individuals or corps. to obtain a personal or business advantage.

money related

embezzlement
mail and wire fraud
bribery

Question 21

Embezzlement

Answer 21

fraudulent appropriation of money or other property by a person to whom the money or property has been entrusted

Question 22

Foreign Corrupt Practices Act

Answer 22

prohibits U.S. persons from bribing foreign officials to secure beneficial contracts

Question 23

bribery

Answer 23

offering to give someone something of value in an attempt…
three types:
bribery of public officials
commercial bribery
bribery of foreign officials

Question 24

bankruptcy fraud

Answer 24

when a company goes after someone who filed bankruptcy even though they don’t owe them

Question 25

insider trading

Answer 25

a person may not profit from a purchase or sale of securities based on inside info until the info is made public

Question 26

organized crime

Answer 26

operated illegitimately by providing illegal goods and services

gambling
prostitution
illegal narcotics
counterfeit

Question 27

money laundering

Answer 27

conceals source or identity of where illegal funds come from

largest is ART

Question 28

racketeering

Answer 28

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

Question 29

self-defense

Answer 29

legally recognized privilege to protect one’s self or property

Question 30

defense to criminal charges

Answer 30

insanity
self-defense
mistake

Question 31

duress

Answer 31

unlawful pressure brought to bear on a person, causing the person to perform

Question 32

mistake of fact

Answer 32

ignorance of the law or a mistaken idea of what the law requires

Question 33

statute of limitations

Answer 33

gov must initiate prosecution within a certain time period

Question 34

criminal procedures

Answer 34

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

Question 35

indictment

Answer 35

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