Term
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Definition
| This force is force that reasonably appears necessary to prevent the imminent use of criminal force. |
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Term
| When is it reasonable to use Deadly force? |
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Definition
| This force can be used in self-defense if there is a reasonable belief that imminent death or grievous bodily harm will otherwise result. |
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Term
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Definition
| "The legally recognized privilege to protect oneself or one's property against injury by another. It protects acts that are reasonably necessary to protect oneself, one's property, or another person." |
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Term
| What has to be proven to use entrapment as a defense? |
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Definition
| To use this defense one must prove a police officer both suggested a crime be commited and somehow pressured or induced an individual to commit it. |
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Term
| What is the effect of a grant of immunity on one's Fifth Amendment right not to self-incriminate? |
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Definition
| "Once immunity is given, the person can no longer refuse to testify on these grounds." |
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Term
| What protection does the Fourth Amendment offer us? |
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Definition
| "This Amendment protects the right of the people to be secure in their persons, houses, papers, and effects." |
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Term
| Why does a search warrant protect individual freedom? |
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Definition
| It limits searches to particular locations and for particular items. It protects people from random and invasive searches by police. |
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Term
| What must a police officer prove to obtain a search warrant? |
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Definition
| "To obtain this, an officer must prove probable cause." |
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Term
| Who signs a search warrant? |
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Definition
| A magistrate signs this before police can execute a search. |
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Term
| What is meant by probable cause? |
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Definition
| This requires that law enforcement officials have trustworthy evidence that would convince a reasonable person that the proposed search or seizure is more likely justified than not. |
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Term
| What are some of the Due Process protections of the Fifth Amendment? |
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Definition
| "The protections under this Amendment include procedural and substantive aspects. It gives us the right to object to charges, to confront and cross examine witnesses, and to present our own witnesses." |
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Term
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Definition
| "This is being tried more than once for the same criminal offense. Once a defendant is acquitted, the government may not reindict that person and retry him/her for the same crime." |
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Term
| What is self-incrimination? |
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Definition
| "This is when someone is compelled to be a witness against themself, or is forced to answer questions which may implicate them as having committed a criminal act." |
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Term
| Does the Fifth Amendment protection against self-incrimination protect corporations and partnerships? |
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Definition
| This protection does not extend to corporations. They may be compelled to provide corporate records to the court. |
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Term
| Which type of businesses are protected from self-incrimination by the 5th Amendment? |
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Definition
| Sole proprietorships and Sole Practitioners who have not incorporated are protected from this by the Constitution. |
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Term
| What protections are provided by the Sixth Amendment? |
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Definition
| This Amendment guarantees the right (1) to a speedy trial (2) to a jury trial (3) to a public trial (4) to confront witnesses (5) to counsel |
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Term
| What are the Miranda warnings designed to protect? |
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Definition
| "These warnings inform a defendant of their right to remain silent and their right to counsel. Absent this warning, statements made by a suspect may be inadmissible as evidence in court (but not always)." |
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Term
| What is the Exclusionary Rule? |
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Definition
| This rule will not allow evidence obtained in violation of a defendant's constitutional rights to be admitted in court. |
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Term
| What is the Exclusionary Rule meant to prevent? |
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Definition
| This rule is meant to deter police from warrantless searches and from engaging in other misconduct. |
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Term
| Why is the Exclusionary Rule controversial? |
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Definition
| This rule is controversial because it can lead to injustice (defendants getting off on technicalities) |
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Term
| How does a grand jury differ from a petit jury? |
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Definition
| This type of jury determines whether a reasonable basis exists for believing that a crime has been committed and whether a trial out to be held. |
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Term
| How does a petit jury differ from a grand jury? |
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Definition
| A petit jury determines guilt/innocence or liability/non-liability. |
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Term
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Definition
| "This is a notice of formal charges against a defendant, issued by a grand jury." |
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Term
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Definition
| "This is a formal charge against a defendant, issued by a judge or magistrate." |
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Term
| What is the purpose of sentencing guidelines? |
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Definition
| These are meant to provide standard sentences for crimes so that similarly situated defendants are sentenced consistently. |
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Term
| What is computer hacking? |
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Definition
| "This term refers to breaking into computers without authorization, often to commit cyber theft." |
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Term
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Definition
| This is hacking that exploits computers for a serious impact that would pose a danger to national security. |
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Term
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Definition
| Any alteration of a legal document which changes the rights or liabilities of another. |
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Term
| What is meant by Public Order Crime? |
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Definition
| "Examples are prostitution, gambling, public drunkenness, illegal drug use, etc." |
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Term
| How is embezzlement different from robbery? |
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Definition
| "Force or fear are not used embezzlement, but are used in (fill in the blank)." |
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Term
| What constitutes bribery of a public official? |
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Definition
| It is the attempt to influence a public official to act in a way that serves a private interest. |
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Term
| What can be considered a bribe? |
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Definition
| It can be anything the recipient considers valuable. |
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Term
| When does the crime of bribery occur? |
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Definition
| It occurs when the bribe is offered. |
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Term
| What does infancy refer to? |
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Definition
| This term refers to anyone who is a minor (under age 18). |
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Term
| What are the defenses to strict liability? |
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Definition
| (1) Assumption of Risk (2) Product Misuse (3) Comparative Negligence |
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Term
| What is meant by product misuse? |
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Definition
| "The injured party does not know that the product is dangerous for a particular use, but the use is not the one for which the product was designed." |
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Term
| What is the name of the person bringing a criminal lawsuit? |
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Definition
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Term
| "Who pays the Prosecuting Attorney, and how does he/she get the job?" |
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Definition
| He/she is paid by the government and is elected or appointed. |
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Term
| Who pays a Plaintiff's attorney and how does he/she get the job? |
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Definition
| The Plaintiff hires and pays their attorney |
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Term
| What is the Standard of Proof in a criminal lawsuit? |
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Definition
| Beyond a Reasonable Doubt |
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Term
| What is the purpose of a criminal lawsuit? |
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Definition
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Term
| What is the purpose of a civil lawsuit? |
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Definition
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Term
| What are the possible results of a criminal lawsuit? |
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Definition
| "Guilty/Not Guilty, jail, fines, death, forfeiture" |
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Term
| What part does the victim play in a criminal lawsuit? |
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Definition
| They are a witness for the prosecution |
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Term
| What part does the victim play in a civil lawsuit? |
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Definition
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Term
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Definition
| A felony is a serious crime punishable by death or imprisonment in a federal or state penitentiary for more than 1 year. |
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Term
| What are the two main elements of a crime? |
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Definition
| (1) A level of mental intent and (2) An action has been taken |
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Term
| What are the possible mental states that form elements of crimes? |
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Definition
| "They are: intentionally, knowingly, recklessly, or negligently." |
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Term
| Is criminal law State or Federal law? |
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Definition
| Most criminal law arises from actions that violate State criminal statues. |
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Term
| Can corporations be builty of criminal acts? |
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Definition
| Corporations are guilty of criminal acts when an employee doing his/her job commits a crime. |
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Term
| What is the responsible corporate officer doctrine? |
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Definition
| "The doctrine allows a court to impose criminal liability on a corporate officer regardless of whether they participated, directed, or knew about a given violation" |
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Term
| What are the elements of robbery? |
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Definition
| "The (1) taking of cash, personal property, or any other article of value (2)from a person (3)by means of force or fear" |
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Term
| What are the elemtns of burglary? |
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Definition
| (1) Breaking and entering the property of another (2) with the intention to commit a felony |
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Term
| How is larceny different from burglary? |
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Definition
| Larceny does not involve force or fear |
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