Chapter 8

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ebonyprep
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136816
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Chapter 8
Updated:
2012-02-21 17:48:45
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Business Law
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  1. actus reus
    “ Guilty act”— the actual performance of a criminal act.
  2. mens rea
    “ Evil intent”— the possession of the requisite state of mind to commit a prohibited act.
  3. Felony
    The most serious kinds of crimes. They are mala in se ( inherently evil), and they are usually punishable by imprisonment.
  4. Misdemeanor
    Crimes that are less serious than felonies. They are mala prohibita ( prohibited by society), and they are usually punishable by fine and/ or imprisonment for less than one year.
  5. Violation
    Crimes that are neither felonies nor misdemeanors. Violations are generally punishable by a fine.
  6. Classification od Crimes
    • Felony
    • Misdemeanor
    • Violation
  7. Intent Crimes
    • Actus reus
    • mens rea
  8. non- intent crime
    A crime that imposes criminal liability without a finding of mens rea ( intent).
  9. CRIMINAL PROCEDURE
    • Warrant
    • Bail
    • Indictment
    • Arraingment
    • Plea Bargaining
    • Trial
  10. arraingment
    A hearing during which the accused is brought before a court and is ( 1) informed of the charges against him or her and ( 2) asked to enter a plea.
  11. Indictment
    The charge of having committed a crime ( usually a felony), based on the judgment of a grand jury.
  12. outcomes of a criminal trial
    If the defendant is found guilty, he or she may appeal. •
  13. If the defendant is found not guilty, the government cannot appeal.
  14. If the jury cannot come to a unanimous decision about the defendant’s guilt one way or the other, the jury is considered a hung jury. The government may choose to retry the case before a new judge and jury.
  15. Felony Murder
    a murder is committed during the commission of another crime even though the perpetrator did not originally intend to committ murder.
  16. Common Crimes
    occur to people and property

    • Murder
    • Robbery
    • Larceny
    • Burgarlary
    • Theft
    • Arson
  17. White Collar Crimes
    • Forgery
    • Embezzelement
    • Bribery
  18. unreasonable search and seizure Any search and seizure by the government that violates the Fourth Amendment.
    Any search and seizure by the government that violates the Fourth Amendment.
  19. search warrant
    A warrant issued by a court that authorizes the police to search a designated place for specified contraband, articles, items, or documents. A search warrant must be based on probable cause.
  20. exclusionary rule
    A rule that says evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.
  21. self- incrimination
    A person being a witness against himself or herself. The Fifth Amendment prevents self-incrimination in any criminal case.
  22. Miranda rights
    Rights that a suspect must be informed of before being interrogated, so that the suspect will not unwittingly give up his or her Fifth Amendment right.

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