Terms
Punishable offense against society
Crime
To know the difference between right and wrong
What is a felony?
crime punishable by confinement for more than a year in a state prison or by a fine of more than $1,000, or both—or even death
Larceny, known as theft, is?
wrongful taking of money or personal property belonging to someone else, with intent to deprive the owner of it
What was the main objective of the framers of the Constitution?
Was to protect individuals from the powers of the federal government
Reasonable ground for belief
Probable cause
Specific conduct of the defendant that violates the statute?
Breach of duty
Types of felonies?
Murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, and perjury
Define being a fence?
Knowingly receiving stolen property consists of either receiving or buying property known to be stolen, with intent to deprive the rightful owner of the property
The constitutional right to due process require?
Fundamental fairness in governmental actions
Crime is typically committed in the workplace, which does not involve violence or force, nor does it cause injury to people or physical damage to property
White-Collar crimes
Three elements must be proven at trial: what are they?
whether you had a duty imposed by criminal statute to do or not to do a certain thing
whether you performed an act or omission in violation of that duty
whether or not you had criminal intent in so doing
What is a misdemeanor?
It usually is punishable by confinement in a county or city jail for one year or less, by a fine of $1,000 or less, or both
Forgery is?
falsely making or materially altering a writing to defraud another
What is the most important right?
Right of the accused criminal to be represented by a lawyer
Crime punishable by up to one year in jail, a fine of less than $1,000, or both
Misdemeanor
Difference between intent and motive?
Intent refers strictly to the state of mind that must be present concurrently with the alleged criminal act or failure to act. Motive refers to what specifically drives a person to act or refrain from doing so.
Types of misdemeanors?
Crimes such as disorderly conduct and speeding.
How does false pretense differ from larceny?
This crime differs from larceny because the victim parts with the property voluntarily.
How can you convict a person of a crime?
The evidence must establish guilt with proof “beyond a reasonable doubt.”
preliminary exam of the potential jurors to determine their ability to judge ably and impartially the matter to be placed before them
Voir dire
Why do some crimes not require criminal intent?
The act itself is sufficient for conviction, even without a "guilty mind"
What are crimes against property called?
Theft, Robbery, and Embezzlement
Difference between bribery and commercial bribery?
Bribing nongovernmental parties is the most common commercial bribery.
Defendants have a constitutional right to a?
Trial by jury