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Criminal Law
Chapter 4 Terminology
35
Law
10th Grade
05/05/2007

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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
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