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Details Title: Criminal Law Description: Chapter 4 Terminology Total Flash Cards: 35 Created: 05/05/2007 09:08:38	To study from this set of flash cards, or to create your own your own study flash cards, register HERE. If you are already a registered user, CLICK HERE.
Cards Term Elements of a Crime [3] Definition 1. Duty - you were aware of the duty 2. Violation of the Duty - performed or omitted. 3. Criminal Intent a. Intended to do the Act b. Intended to do the Evil Term anti-trust laws Definition competing companies may not cooperate in fixing prices or in dividing sales regions requires that business compete Term 'beyond a reasonable doubt' Definition no one else committed the crime Term contempt of court Definition action that hinders the administration of justice Term crime Definition a punishable offense against society Term criminal statute Definition specificlly defines the behavior it prohibits [can't interferre w/protected individual rights] Term defense Definition a legal position taken by an accused to defeat the charges againt him/her Term felony Definition a crime punishable by confinement for more than a year in a state prison or by a fine of more thatn $1,000/even death Term immunity Definition freedom from prosecution even when one has committed the crime charged Term misdemeanor Definition less serious crime - punishable by confinement in a county or city jail for less than one year, by fine, or both Term plea bargaining Definition an accused person may agree to plead guilty to a less serious crime in exchange for having a more serious charge dropped Term arson Definition willful and illegal burning of a building someone else's or your own Term probable cause Definition a 'reasonable ground for belief Term procedural defense Definition based on problems with the way evidence is obtained or the way an accused person is arrested, etc. Term punishment Definition any penalty provided by law and imposed by a court Term self-defense Definition reasonably necessary force for the victim to prevent death, serious bodily harm, rape, or kidnapping to self or those they are charged w/protection Term vacarious criminal liability Definition corporate officers - can be held liable for the criminal intent of the employees Term substantive defense Definition disproves, justifies or excuses the alleged crime...attempts to discredit the facts Term white-color crime Definition crimes that don't involve force or violence and do not cause physical injury to people or physical damage to property. Term Name two crimes against a person: Definition 1. assault and battery 2. kidnapping 3. rape 4. murder Term Name two crimes against property: Definition 1. theft 2. robbery 3. embezzlement Term Name two crimes against government and administration of justice Definition 1. treason 2. tax evasion 3. perjury Term Name two crimes against the public peace and order: Definition 1. rioting 2. disorderly conduct 3. illegal speeding Term Name two crimes against realty: Definition 1. burglary 2. arson 3. criminal trespass Term Name one crimes against a consumer: Definition 1. fraudulent sale of securitites 2. violation of pure food and drug laws. Term Name two crimes against decency: Definition 1. bigamy 2. obscenity 3. prostitution Term bribery Definition unlawfully offering or giving anything of value to influence performance of an official. soliciting or accepting - criminal behavior Term conspiracy Definition an agreement between two or more persons to commit a crime Term extortion - blackmail Definition obtaining money or other property from a person by wrongful use of force, fear, or the power of office Term false pretenses Definition one who obtains money or other property by lying about a past or existing fact [type of fraud] Term forgery Definition falsely making or materially altering a writingh to defraud another [name altering on checks, social security numbers, etc.] usually a felony Term larceny - theft Definition wrongful taking of money or personal property belonging to someone else Term robbery Definition taking of property from another's person or immediate presence against the victim's will, by force or be causing fear Always a felony Term burglary Definition Entering a building without permission when intending to commit a crime Always a Felony Term Name three of the five types of larceny Definition 1. Robbery 2. Burglary 3. Shoplifting 4. Pick Pocketing 5. Purse Snatching