Crimes & Elements
This Latin phrase means the prosecution must prove that the defendant committed the criminal act beyond a reasonable doubt.
What is Actus Reus?
To counter the prosecution’s claim that she unlawfully sold alcohol to a minor, Maria introduces evidence indicating she was in a different location at the time the offense allegedly occurred. This evidentiary strategy, aimed at creating reasonable doubt by asserting the physical impossibility of her involvement, is known as this type of defense.
What is an alibi?
Laura faces up to 30 days in jail if convicted of assault in her jurisdiction—the classification crimes, punishable by shorter jail terms or fines, is known as this.
What is a misdemeanor?
Judge Harry Smythe offers George Sanders money in exchange for votes from company employees to secure his re-election—a criminal offense involving the buying or selling of influence in government or elections known as this.
What is bribery?
The physicians at The Heart Center use a secret billing system to add unjustified charges to patients’ bills, inflating costs beyond what is medically necessary. The fraudulent practice of submitting false claims for payment is known as this.
What is healthcare fraud?
This term describes unintentional criminal conduct that results from a failure to exercise the reasonable care expected under the circumstances—like when Stan, high on drugs, gets on and drives his motorized bike and seriously injures a pedestrian.
What is criminal negligence?
Because law enforcement entered Arthur’s home without a warrant, the judge is likely to exclude the 72 confiscated firearms from evidence under this judicial doctrine, which bars the use of evidence obtained in violation of the Fourth Amendment.
What is the exclusionary rule?
Ralph funnels $150,000 of drug‑trafficking proceeds through a sham sole‑proprietor "accounting" business to make the income appear legitimate—the offense of concealing or disguising the origins of illegally obtained funds is known as this.
What is money laundering?
Norman, under contract to keep company secrets confidential, secretly sells Nike’s proprietary running shoe gel formula to a competitor. This crime involving the theft or unauthorized disclosure of valuable business information is known as this.
What is economic espionage?
The prosecution must provide the defense with this type of evidence, which could potentially prove the defendant’s innocence or undermine the prosecution’s case.
What is exculpatory evidence?
The term for the legally defined time period within which the government must prosecute a crime.
What is the statute of limitations?
Following her arrest, Fran appears before a judge and is formally informed of the charges against her—this initial court appearance, during which the defendant is advised of their rights and the charges filed, is known as this type of hearing.
What is an arraignment?
Sydney is convicted of using the mail to solicit donations for a non-existent charity, intending to keep the funds for personal gain. This fraudulent scheme is known by this term.
What is mail fraud.
Martha sells her shares in Paul’s company after learning confidential, material information about a pending takeover, before that information becomes public. The illegal practice of trading based on non-public, price-sensitive information is known as this.
What is insider trading?
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?
Johnny claims he was pressured by an undercover officer posing as a friend to commit a crime he otherwise wouldn’t have—this legal defense argues that law enforcement induced the criminal act.
What is entrapment?
Upon his arrest, Martin is informed of his right to remain silent and to legal counsel—this formal advisory statement, stemming from a landmark Supreme Court decision, is known as this.
What are the Miranda Warnings?
To obtain a search warrant for Keith’s home, Officer Jacobs must convince a judge that there is this level of evidence—more than a mere suspicion but less than absolute proof—indicating a fair probability that evidence of a crime will be found.
What is probable cause.
Allen, an accountant with access to company payroll funds, secretly diverts small amounts of money from employees’ salaries into his own account over time. The crime of secretly stealing funds entrusted to one’s care is known as this.
What is embezzlement?
Despite new evidence surfacing after Linus’s acquittal, this constitutional protection prevents him from being tried again for the same crime.
What is double jeopardy?
This Latin term refers to the guilty or criminal intent that a prosecutor must prove a defendant had while committing a criminal act.
What is mens rea?
Before trial, Clyve’s attorney and the prosecutor negotiate a deal where Clyve agrees to plead guilty in exchange for a reduced sentence—the process of resolving criminal charges without going to trial is called this.
What is plea bargaining?
In Elonis v. United States, where Elonis appealed a lower court's decision that instructed jurors to convict him if a reasonable person would think his published rap lyrics were threatening, the U.S. Supreme Court reversed and remanded the decision, instead finding that it is the ____________ state of mind that must be considered when assessing the requisite mental intent necessary to be guilty of the crime charged.
What is "defendant's"?
Lydia sells Loyd a nearly perfect copy of her valuable painting "Mother of Pearl," knowingly deceiving him into paying full price for the fake. The crime involving intentional deception to secure unfair or unlawful financial gain is known as this.
What is counterfeiting?
When a jury cannot reach a unanimous verdict after deliberation, resulting in a deadlock, the judge may declare this formal outcome.
What is a mistrial?