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Exam 2 Flashcards

1
Q

Criminal Statutes

A

1- Theft of Property
2- Burglary
3- Robbery
4- Aggravated Robbery
5- Battery in 3rd Degree
6- Battery in 2nd Degree
7- Battery in 1st Degree
8- Capital Murder
9- Murder in 1st Degree
10- Murder in 2nd Degree
11- Manslaughter
12- Negligent Homicide

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2
Q

What is Theft of Property?

A

Taking on a property of another person. Is the most reported crime in the US.

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3
Q

Types of Theft of Property

A
  • Class B Felony if the property is more than $25,000
  • Class C Felony if the property is from $5,000 to $25,000
  • Class D Felony if the property is from $1,000 to $5,000
  • Class A Misdemeanor if the property is $1,000 or less
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4
Q

What is Burglary?

A

If a person enters or remains in a property to commit a crime.

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5
Q

Types of burglary

A

-Residential: Class B Felony
-Commercial: Class C Felony

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6
Q

What is Robbery?

A

Theft with Force.

Class B Felony if

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7
Q

What is Aggravated robbery?

A

Robbery with a deadly weapon, gun or knife.

Class Y Felony

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8
Q

What is Battery in 3rd Degree?

A

Causing physical injury to someone.

Class A Misdemeanor

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9
Q

What is Battery in 2nd Degree?

A

Causing serious physical injury to someone.

Class D Felony.

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10
Q

What is Battery in 1st Degree

A

Causing serious injury to someone with a deadly weapon.

Class B Felony.

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11
Q

What is capital murder?

A

Causing someone’s death in a heinous case.

Death Penalty in Arkansas

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12
Q

What is murder in 1st degree?

A

Casing the death of someone.

Class Y Felony

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13
Q

What is Murder in 2nd Degree?

A

A fight gone bad

Class A Felony if the

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14
Q

What is Manslaughter

A

Causing the death of someone in the heath of passion.

Class C Felony

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15
Q

What is Negliget homicide?

A

Causing the death of someone by accident.

Class A Misdemeanor

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16
Q

Types of White Collar Crime

A

-Embezzlement: Being in a position of trust and stealing money
-Money Laundering: Federal Crime. Using funds from illegal activities and putting them into the account of a legit business.

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17
Q

What is the RICO in Organized Crime?

A

Racketeer Influenced and Corrupt Organizations Act.

If 2 of 35 crimes are committed, it becomes a Federal Crime for the FBI

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18
Q

What are the types of Defenses for a criminal charge?

A

-Statute of Limitations
- Innocence
-Affirmative Defenses
-Situational Defenses

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19
Q

What are the types of Defenses of Statutes of Limitations

A

-Misdemeanors: 1 year
-B,C, D felonies: 3 years
-A,Y felonies: 6 years
-Murder: No statute of limitations

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20
Q

What is innocence?

A

Not committing the crime

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21
Q

What is an affirmative defense?

A

Insanity

The defendant did not know what they were doing.

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22
Q

What are the situational defenses?

A

-Self Defense
-Duress
-Entrapment
-Mistake of Law
-Necessity/Choice of Evils

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23
Q

What is Self Defense?

A

The reasonable use of non deadly force to defend yourself.
It has to pair with the threat perceived
Deadly force can be used against burglary
Non deadly force should be used against theft of property
No duty to retreat

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24
Q

What is duress?

A

Having to commit a crime because you are being forced to with your safety or someone else’s safety.

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25
What is entrapment?
Law enforcement persuaded to commit the crime
26
What is mistake of law
Committing a crime thinking it is not because of an official statement made by someone in authority.
27
What is Necessity/ Choice of evils
Illegal act necessary to prevent a greater harm
28
What are the steps of the Criminal Justice process?
1- Arrest 2- Initial Appeareance 3- Filling formal criminal charges 4-Arraignment 5-Filling of motions 6-Plea Bargains
29
What are the rules for Arrest?
General: Police cannot do it without a warrant Unless: -They suspect of a Felony, not just a hunch -A misdemeanor has been observed -Traffic violation
30
What is the initial appereance?
It must occur 48 hours after the arrest.
31
What is a Bail Set?
Money or property posted with the court to ensure the suspect reappears.
32
What is bail?
It is provided in the US Constitution
33
For what reasons can a judge deny bail?
-Serious crime -Flight risk -Witnesses were threatened
34
What are the factors that a judge will consider when setting bail?
-Prior criminal record -Seriousness of the crime -Ties to the community
35
What are Bail Bound companies?
The post the bail for someone, they usually charge 10%. If you come back for trial, the court will give it back.
36
How many people bails out of jail?
85%
37
What is the filing of criminal charges?
-The prosecutor files an information
38
Difference between Information and Indictment
Information: State level, prosecutor Indictment: Federal level, issued by a grand jury (15-20 people listen to a prosecutor), does not mean guilty, but enough evidence to believe there is a crime.
39
What is an arraignment?
The defendant is identified, notifies of the charges against them, and enters a plea.
40
What is a plea?
What you are in the case
41
Types of plea
-Guilty -Not guilty -No contender/No contest
42
What does No Contrendre/No contest mean?
Guilty, but it cannot be used as evidence in a later civil case.
43
What is the filing of motions?
A request for an order from the court.
44
What is the exclusionary rule in the filing of motions?
That evidence obtained in violation of the US constitution will not be admissible at trial. For example, if the police messes up with the reason of stopping someone, everything else after that is not admissible.
45
Amendments in the Exclusionary Rule?
-Fourth Amendment -Fifth Amendment
46
What does the Fourth Amendment do?
Prohibits unlawful search and seizures
47
What is the Arkansas Rule of Criminal Procedure?
That the police has 15 minutes to decide the lawfulness of your conduct. Anything after that does not count.
48
Two factors that must be in place before the 4th amendment is involved
-Government Conduct -Reasonable expectation of privacy
49
Where do you have REP?
-Home -Phone
50
Where do you not have REP?
-Smell -Trash -Things held out to the public -Location of a car in the road -Social media
51
What are the exceptions to the search warrant?
-Giving Consent -Letting things in plain view -Emergencies (Like the suspicion of the evidence being destroyed)
52
What does the Fifth amendment say?
No person hall be compelled in any criminal case to be witness against himself. You cannot be tried twice for the same crime
53
How should confessions be?
-Voluntary to be admissible
54
2 things that determine voluntariness of confessions
-Police conduct during interrogation -Characteristics of suspect
55
What cannot police do during interrogation?
-Use threaten or force -Make promises -isolate family or lawyer -Deprive food or drink
56
What could the characteristics of the suspect be?
-Age -Mental illness -Physical condition -Under the influence of
57
What is the Miranda warning?
Right to remain silent, just need to be warned if they are in custody.
58
What is a Plea of Bargains?
-Negotiated agreement between prosecution and defense agreed upon by the judge as to what is appropriate as a sentence.
59
Why are Plea of Bargains good?
-Efficient for prosecution -Good for defendant, you know what sentence you’re getting
60
What are the court systems in the US?
-State court system -Federal court system
61
What is the Arkansas State Court System?
1- Arkansas Supreme Court 2- Arkansas Court of Appeals 3- County Circuit Courts 4- County District Courts
62
What is the County District Court?
-A court of limited jurisdiction -For judge only -No transcripts of proceeding are kept -3 divisions
63
Divisions of the County District Courts
-Criminal division -Small Claims division -Civil division
64
What is the Criminal Division in County District Courts?
-Hears misdemeanors, traffic cases, preliminary felony matters. -Novo review
65
What is the novo review?
A brand new trial
66
What is the Small Claims Division in a County District Court?
-Individual vs Individual -$5,000 or less. -Used primarily by businesses to collect overdue bills -Plaintiff usually win
67
What is the civil division in the county district courts?
-Attorneys are allowed -$25,000 or less -It has the speedy trial rule
68
What is the speedy trial rule?
That criminal cases must be heard within one year of arrest.
69
What is the County Circuit Court?
-Court of general jurisdiction -It has judge and jury -Hears both civil and criminal cases -Some matter are only for the judge “Equity” which means power over a person
70
What are Appellate Courts?
Courts of appeal or Supreme Court -Appeal is not a new trial -Appeal court is looking for error in original trial by the judge
71
What are the cases that go to Federal Court?
- Federal question or jurisdiction case that involves federal law. -Diversity jurisdiction, a case that is $75,000
72
What is the Types of courts in Federal Courts?
-United States Supreme Court -Circuit Courts of Appeal -United States District Court
73
What is the United States District Court?
-A court of general jurisdiction -Judge and jury -Hears both civil and criminal cases
74
What is the US Circuit Courts of Appeals?
-Eleven circuits -Arkansas, Missouri, Iowa, Minnesota, Nebraska, North Dakota, South Dakota
75
What is the United States Supreme Court?
-Court of last resort -Only hears 3% of cases appealed to it. -Conflict between the circuits or a case of first impression.

Business Law (3 decks)

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