CRIMINAL LAW

Question 1

Crime

Answer 1

A violation of a statute for which the government imposes a punishment.

Question 2

Penal Code

Answer 2

A collection of criminal statutes.

Question 3

Regulatory Statutes

Answer 3

Statutes such as environmental laws, securities laws, and antitrust laws that provide for criminal violations and penalties.

Question 4

Felony

Answer 4

The most serious type of crime; inherently evil crime.

Question 5

Misdemeanor

Answer 5

A less serious crime; not inherently evil but prohibited by society.

Question 6

Violation

Answer 6

A crime that is neither a felony nor a misdemeanor that is usually punishable by a fine.

Question 7

Actus Reus

Answer 7

“Guilty act”- The actual performance of a criminal act.

Question 8

Mens Rea

Answer 8

“Evil intent”- the possession of the requisite state of mind to commit a prohibited act.

Question 9

non-intent crime

Answer 9

A crime that imposes criminal liability withou a finding of mens rea (intent).

Question 10

Arrest Warrant

Answer 10

A document for a person’s detainment, based upon a showing of probable cause that the person committed a crime.

Question 11

Indictment

Answer 11

The charge of having committed a crime (usually a felony) based on the judgement of a grand jury.

Question 12

Information

Answer 12

The charge of having committed a crime (usually) a misdemeanor), based on the judgement of a judge (magistrate).

Question 13

Arraignment

Answer 13

A hearing during which the accused is brought before a court and is 1. informed of the charges against him or her and 2. asked to enter a plea.

Question 14

Plea Bargin

Answer 14

An agreement in which the accused admits to a lesser crime than charged. In return, the government agrees to impose a lesser sentence that might have been obtained had the case gone to trial.

Question 15

Hung Jury

Answer 15

A jury that cannot come to a unanimous decision about the defendant’s guilt. In the case of a hung jury, the government may choose to retry the case.

Question 16

Robbery

Answer 16

The taking of personal property from another person by the use of fear or force

Question 17

Burglary

Answer 17

The taking of personal property from another’s home, office or commercial or other type of building.

Question 18

Larceny

Answer 18

The taking of another’s personal property other than from his or her person or building.

Question 19

Receiving Stolen Property

Answer 19

To 1. knowingly receive stolen property and 2. intend to deprive the rightful owner of that property.

Question 20

Arson

Answer 20

The willful or malicious burning of a building.

Question 21

Forgery

Answer 21

The fraudulent making or alteration of a written document that affects the legal liability of another person.

Question 22

Embezzlement

Answer 22

The fraudulent conversion of property by a person to whom that property was entrusted.

Question 23

Bribery

Answer 23

A crime in which one person gives another person money, property, favors or anything else of value for a favor in return.

Question 24

Extortion

Answer 24

A threat to expose something about another person unless that other person gives money or property.

Question 25

Criminal Fraud

Answer 25

A crime that involves obtaining title to property through deception or trickery.

Question 26

Money Laundering Control Act

Answer 26

A federal statute that makes it a crime to 1. knowingly engage in a money transaction through a financial institution involving property from an unlawful activity worth more than $10,000 and 2. knowingly engage in a financial transaction involving the proceeds of an unlawful activity.

Question 27

Criminal Conspiracy

Answer 27

A crime in which two or more persons enter into an agreement to commit a crime and an overt act is taken to further the crime.

Question 28

Corporate Criminal Liability

Answer 28

Criminal liability of corporations for actions of their officers, employees or agents.

Question 29

Racketeer Influenced and Corrupt Organizations Act- (RICO)

Answer 29

A federal act that provides for both criminal and civil penalties for racketeering.

Question 30

Unreasonable Search and Seizure

Answer 30

Any search and seizure by the government that violates the Fourth Amendment

Question 31

Search Warrant

Answer 31

A warrant by a court that authorizes the police to search a designated place for specified contraband, articles, items, or documents.

Question 32

Exclusionary Rule

Answer 32

A rule that says evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at trial or an administrative proceeding against the person searched.

Question 33

Self-Incrimination

Answer 33

A person being a witness against himself or herself. The 5th amendment prevents self-incrimination in any criminal case.

Question 34

Miranda rights

Answer 34

Rights that a suspect might be informed of before being interrogated, so that the suspect will not unwittingly give up his or her 5th amendment right.

Question 35

Attorney-client privilege

Answer 35

A rule that says a client can tell his or her lawyer anything about the case without fear that the attorney will be called as a witness against the client.

Question 36

Immunity from Prosecution

Answer 36

The government’s agreement not to use against a person granted immunity any evidence given by that person.

Question 37

Double Jeopardy Clause

Answer 37

A clause of the 5th amendment that protects persons from being tried twice for the same crime.