CRIMINAL LAW Flashcards
Crime
A violation of a statute for which the government imposes a punishment.
Penal Code
A collection of criminal statutes.
Regulatory Statutes
Statutes such as environmental laws, securities laws, and antitrust laws that provide for criminal violations and penalties.
Felony
The most serious type of crime; inherently evil crime.
Misdemeanor
A less serious crime; not inherently evil but prohibited by society.
Violation
A crime that is neither a felony nor a misdemeanor that is usually punishable by a fine.
Actus Reus
“Guilty act”- The actual performance of a criminal act.
Mens Rea
“Evil intent”- the possession of the requisite state of mind to commit a prohibited act.
non-intent crime
A crime that imposes criminal liability withou a finding of mens rea (intent).
Arrest Warrant
A document for a person’s detainment, based upon a showing of probable cause that the person committed a crime.
Indictment
The charge of having committed a crime (usually a felony) based on the judgement of a grand jury.
Information
The charge of having committed a crime (usually) a misdemeanor), based on the judgement of a judge (magistrate).
Arraignment
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.
Plea Bargin
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.
Hung Jury
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.
Robbery
The taking of personal property from another person by the use of fear or force
Burglary
The taking of personal property from another’s home, office or commercial or other type of building.
Larceny
The taking of another’s personal property other than from his or her person or building.
Receiving Stolen Property
To 1. knowingly receive stolen property and 2. intend to deprive the rightful owner of that property.
Arson
The willful or malicious burning of a building.
Forgery
The fraudulent making or alteration of a written document that affects the legal liability of another person.
Embezzlement
The fraudulent conversion of property by a person to whom that property was entrusted.
Bribery
A crime in which one person gives another person money, property, favors or anything else of value for a favor in return.
Extortion
A threat to expose something about another person unless that other person gives money or property.
Criminal Fraud
A crime that involves obtaining title to property through deception or trickery.
Money Laundering Control Act
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.
Criminal Conspiracy
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.
Corporate Criminal Liability
Criminal liability of corporations for actions of their officers, employees or agents.
Racketeer Influenced and Corrupt Organizations Act- (RICO)
A federal act that provides for both criminal and civil penalties for racketeering.
Unreasonable Search and Seizure
Any search and seizure by the government that violates the Fourth Amendment
Search Warrant
A warrant by a court that authorizes the police to search a designated place for specified contraband, articles, items, or documents.
Exclusionary Rule
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.
Self-Incrimination
A person being a witness against himself or herself. The 5th amendment prevents self-incrimination in any criminal case.
Miranda rights
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.
Attorney-client privilege
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.
Immunity from Prosecution
The government’s agreement not to use against a person granted immunity any evidence given by that person.
Double Jeopardy Clause
A clause of the 5th amendment that protects persons from being tried twice for the same crime.
