Crimes & Elements
Prosecution Process
Potpourri
White Collar Crime
Crime and the Law
100
The Latin term which requires that the Prosecution prove beyond a reasonable doubt that the accused committed the illegal act.
What is Actus Reus?
100
Maria is charged with selling alcohol to a minor. The prosecutor's case centers around the statement by the minor (who was caught with the alcohol) that identified Maria as the seller. In court, Maria presents evidence to suggest that she was not in the local vicinity the night of the incident. The name of this defense.
What is an alibi?
100
Laura is charged with criminal assault after she verbally threatened her roommate. If convicted, she could face up to 30 days in jail in her jurisdiction. The name of the category of this less serious crime.
What is a misdemeanor?
100
The Honorable Judge Harry Smythe, who is up for re-election to the judgeship this coming Fall in his jurisdiction, offers George Sanders (an affiliate of a mid-size industrial plant in the area) a large sum of money in exchange for guaranteed votes from the employees within Sanders' company. The name of this white collar crime.
What is bribery?
100
The Heart Center is a small, privately owned medical facility. The two-physician team of brother and sister have a 'secret' billing system where they can log into and add minor charges to patient's bill that are not applicable to the medical necessity of the patients. The name of this white collar crime.
What is healthcare fraud?
200
Stan goes out with his friends and gets high on an illegal drug. Stan then gets on his motorized bike and, while attempting to drive home, runs off the road onto the sidewalk and hits Ellen - severely injuring her. The term for this type of criminal conduct. Criminal conduct that is unintentional, but occurred because one failed to act with reasonable care expected under the circumstances.
What is criminal negligence?
200
Arthur is unknowningly being watched by law enforcement for his involvement in illegal gun sales. One day, Arthur leaves his house, forgetting to close one of the windows. The officers decide to enter the house through the window for a "quick look around", even though they do not have a warrant. In his house, they find 72 illegal guns. The officers call in backup and take the guns. In a criminal trial against Arthur, the Prosecution tries to enter the confiscated guns as evidence. A judge will properly disallow the admittance of these guns under this rule.
What is the exclusionary rule?
200
Ralph earned revenue in the amount of $150,000 from his participation in the transportation of illegal substances into the country. To avoid the possibility of income tax evasion, Ralph sets up a sole-owner "accounting" business and siphons the money into that business so that it looks like it was earned legally. The name of this type of white collar crime.
What is money laundering?
200
Norman is an engineer for Nike. He has worked for the company for 10 years, helping to develop a secret formula for the gel that is used to create more "bounce" in select Nike running shoes. Norman, although under a contract with Nike that he cannot share or disclose company trade secrets without Nike's permission - which includes ingredients to manufacturing materials - secretly sells the list of gel ingredients to a competitor. Name this white collar crime.
What is economic espionage?
200
The prosecution is required to disclose this type of evidence to the defendant - evidence that might show that the defendant is not guilty.
What is exculpatory evidence?
300
Jude, a Prosecutor in Florida, is reviewing whether there is enough physical evidence to charge George with a crime that Jude personally believes George committed. The alleged crime was committed on November 2, 2014. Under FL law, Jude has three years to file the suit, and time is running out. Name the time period within which a crime must be prosecuted or the state loses its right to bring the suit.
What is the statute of limitations?
300
Fran is arrested under criminal charges. Her matter is entered in the police record, and she attends a hearing the next day where she is given a copy of the criminal charges filed against her. Name this type of hearing.
What is an arraignment?
300
Sydney is convicted of sending materials through the US Postal Service to customers, inviting them to make charitable donations towards an organization that sends dolls to little girls in foster care systems. However, there is no such organization actually in place - Sydney's intent is to pocket the money. The name of this white collar crime.
What is mail fraud.
300
Martha learns from Paul that his company is likely being taken over by a major corporation that buys mid-size companies, breaks them up, and then sells the corporate components to other businesses. Martha owns a large percentage of stock in Pauls' company, and immediately sells her shares based on learning this information. The name of this white collar crime.
What is insider trading?
300
Mr. King is charged with criminal tax fraud. To win the case for the state, the Prosecutor must prove that Mr. King is guilty under this specific parameter.
What is guilty beyond a reasonable doubt?
400
For the past few weeks, Johnny has been pressured by a new friend to sell illegal prescription drugs. His friend states that Johnny can easily earn up to $500/ week if he helps out. Johnny, who has never sold drugs in his life finally agrees, and upon offering to sell one of the illegal drugs to a stranger, Johnny is immediately arrested by his "friend", who happens to be an undercover police officer. As a defense to the criminal charges brought against him, Johnny claims that law enforcement authorities set him up. This defense is called.....
What is entrapment?
400
"You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney; if you cannot afford one, one will be provided to you." Name of this informed statement that is given to Martin upon his arrest.
What are the Miranda Warnings?
400
Officer Jacobs, after witnessing Keith carrying what appears to be multiple high caliber firearms into his home, wants to get a warrant issued to search Keith's house. To get a warrant, Officer Jacobs will need to show a judge this indication that there is reasonable ground to search Keith's house.
What is probable cause.
400
Allen is an accountant at Driver, Inc. He is entrusted access to Driver's account which holds payroll funds so he can distribute payroll to Driver employees. Every pay period, Allen moves $.50 of each employee's salary into a secret account under his name, thinking nobody will notice. The name of this white collar crime.
What is embezzlement?
400
Linus is charge and ultimately found not guilty of the crime of murder of his next door neighbor. Two years after this decision, an eye witness surfaces that can prove that Linus actually committed the murder. Name the Constitutional rule protecting Linus from being tried a second time for the same charges.
What is double jeapardy?
500
The Latin term referring to the necessary criminal intent which a Prosecutor must prove a defendant had while committing a criminal act.
What is mens rea?
500
Clyve is arrested on charges of criminal assault and battery. The jail time imposed for this crime in Clyve's jurisdiction is between 1 and 4 years. His attorney and the Prosecutor meet a week before the criminal trial in order to try to negotiate the terms of a guilty plea in exchange for 6 months in jail with 6 months community service. The name of this negotiation process.
What is plea bargaining?
500
Congress passed this Act in 1970 as a weapon against organized crimes groups like the Mafia.
What is the Racketeer Influenced and Corrupt Organizations Act (RICO)?
500
Lydia is in the art business. She owns many unique and priceless art pieces. One piece, titled "Mother of Pearl", is worth an estimated $1.2 million. It is Lydia's favorite painting. Loyd, a potential buyer, offers to pay her full price for "Mother of Pearl". Lydia, not wanting to part with the painting, sells Loyd a copy of the art which - to the naked eye - is undetectable as the compared to the original. Loyd pays $1.2 million, not realizing he has just purchased a copy. The name of this white collar crime.
What is counterfeiting?
500
After closing arguments, the jury in the case of State v. Simmons leaves the courtroom to deliberate. Ultimately, they are stuck in a deadlock and cannot agree on a verdict. At this time, a _________ may be declared.
What is a mistrial?
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