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BUS Ch. 6 Terms
Business chapter six terms
| Question | Answer |
|---|---|
| What two elements must exist simultaneously before a person can be convicted of a crime? | 1. A specified state of mind or intent on the part of the person 2. The performance of a prohibited act |
| Criminal intent is an essential element of every crime, except: | Regulatory offenses |
| The felony-murder rule refers to situations in which: | One defendant is held criminally responsible for a homicide committed by another principal while committing a dangerous felony. |
| Police may search a person, including his clothes and effects, without a search warrant if: | The person has been lawfully arrested. |
| A motor vehicle can be searched by police without a search warrant if: | There is probable cause that motor vehicle contains contraband. |
| Generally, the right to self-defense extends to defending others who are: | Members of the victim's immediate family. |
| The federal "exclusionary rule," prohibiting the use in court of evidence wrongfully obtained by the prosecution, was created by: | The U.S. Supreme Court. |
| What is NOT a plea with legal basis? | Guilty with extenuating circumstances. |
| The governor of a state believes that a felon has "paid his dues" and should be forgiven for his or her crime. An executive directive to implement that belief is called: | Pardon. |
| Recidivist laws refer to state statutes that: | Keep repeat offenders incarcerated, primarily for perpetrators of violent offenses. |
| Cruel and unusual punishment, in its constitutional sense, does NOT refer to: | Erroneous punishment of innocent persons. |
| A plea bargain serves the interests of society, save for: | Bargained sentences are usually longer. |
| What is least likely to occur at a preliminary hearing? | The right to his or her preferred attorney even if indigent (unable to pay for the services) |
| What is NOT a requirement for a legal search warrant? | It must be served by two or more law enforcement officers. |
| To be found guilty of a crime, the state must show that: | A statute prohibits the behavior. |
| Criminal Intent | The requisite guilty state of mind to hold a person responsible for a particular crime. |
| Infraction | Any minor crime (ex: parking violation) that is not punishable by incarceration, but only by fine. Accordingly, trial by jury is not required or permitted. |
| Specific intent | The intent to accomplish the precise act and harm that the law prohibits. |
| General intent | The intent to do the prohibited act without the necessity of providing intent to cause the precise harm. |
| Motive | A reason for commiting, or failing to perform, an act. |
| Criminal negligence | Conduct that is without criminal intent and yet is so careless, or occurs in such reckless disregard of another's safety, that criminal penalties are prescribed by statute. |
| Regulatory offense | A violation of a rule promulgated by an administrative agency. |
| Solicitation | The crime of encouraging another person to commit a crime. |
| Criminal facilitation | The crime of assisting another person in the commission of a crime. |
| Conspiracy | An agreement by two or more persons to commit a crime coupled with an overt act by one party toward commission of the agreed crime. |
| Attempt | Intention of the accused to commit a crime and a substantial step towards commission. |
| Principal | One who is present and participates in a crime or persuades another to commit a crime. |
| Accessory | A person who, though not present at the scene of a crime, aided and abetted the principal in its commission. |
| Accessory before the fact | Person who encourages or assists a perpetrator of a crime but is not present at its commission. |
| Accessory after the fact | Person who harbors, conceals or otherwise voluntarily and intentionally aids a known perpetrator of a crime to escape arrest or punishment. |
| Aider or abettor | One who encourages, incites, persuades, or sets another on to commit a crime. |
| Corpus delicti | The two essential elements of every crime. |
| Homicide | The killing of a human being by another human being. |
| Felony | A serious crime (ex: murder) that is punishable by death or imprisonment for more than one year. |
| Capital crime | A crime for which the death penalty may be imposed in states where authorized and at the federal level. |
| Noncaptial crime | A homicide for which the death penalty may not be imposed even if such penalty is authorized for other crimes by the state in which the crime is committed. |
| Misdemeanor | A crime punishable by fine or by incarceration in a country jail up to a year, or both. |
| Violations | Any minor crime (ex: parking violation) that is not punishable by incarceration, but only by fine. |
| Murder | The unlawful killing of a human being with malice aforethought. |
| First-degree murder | Premeditated murder perpetrated with malice aforethought. |
| Vicarious murder rule | A rule holding that an aider and abettor of a murder may also be guilty of the crime even though another person was the actual killer. |
| Felony murder rule | A rule in some states mandating that all participants in a dangerous felony are guilty of murder in the first degree if a killing occurs during its commission. |
| Provocative act rule | The rule that all participants ia dangerous felony are guilty of murder in the first degree if an unlawful killing occurs in a response to some threatening act by one of the felons. |
| Manslaughter | The unlawful killing of another person without malice aforethought. |
| Voluntary manslaughter | The wrongful and intentional killing of another person during the heat of passion, or under the influence of alcohol or drugs, or while engaged in some reckless and dangerous activity. |
| Statutory rape | Sexual intercourse between an adult, usually 18 or older, and a consenting minor, usually 17 or younger. |
| Informed consent | Actual and complete knowledge by a person of risks involved in a situation. |
| Extortion | Obtaining something of value from a person by force, intimidation, or undue or other illegal acts. |
| Mayhem | The crime of unlawfully depriving the victim of some member of his body; disfiguring , disabling, or rendering the member useless or otherwise permanently disfiguring the body. |
| Criminal assault | The threat of violence upon another person. |
| Criminal battery | The unlawful application of force to another human being without excuse or consent. |
| Burglary | The crime of unlawfully entering premises, structures, or vehicles with intent to commit theft or any other felony. |
| Theft | The taking of property without the owner's consent. |
| Larceny | The crime of stealing property from another. |
| Embezzlement | The crime of stealing property that, before the theft, was lawfully in the possession of the thief. |
| Megan's Law | A state law that protects children and families by allowing or requiring law enforcement to publicize information about the identity and location of convicted sex offenders. |
| Racketeer Influenced and Corrupt Organizations Act (RICO) | A federal law passed to control attempts by organized crime to invest money gained from illegal racketeering in legitimate business activities. |
| Duress | Any threat of, or actual, physical harm that deprives a person of the freedom of will to choose and decide. |
| Diminished capacity | Reduced ability to exercise one's freedom of will or to choose between right and wrong. |
| Entrapment | A defense to criminal charges if the crime was induced by police encouragement, but not if police merely provided an opportunity for the accused to commit the criminal act. |
| Statute of limitations | A statute that bars civil or criminal proceedings unless brought within a specified period of time after the act occurred. |
| "Son of Sam" law | A law that limits the ability of a criminal offender to receive profits from the recounting of his crime. |
| Exclusionary rule | The court-made rule that precludes the use in criminal court proceedings of any evidence improperly obtained by the prosecution. |
| Probable cause | The standard by which a police officer may make an arrest, conduct a personal or property search, or obtain a warrant. |
| Information | An accusation of a criminal offense. |
| Indictment | An accusation of a felony filed by a grand jury. |
| Detention | The brief stopping of a suspicious person by a police officer for the limited purpose of determing if a crim has been or is being committed in the proximity of the detainee. |
| Recognizance | A written promise by the accused that if released without posting bail, they will return voluntarily for further criminal proceedings. |
| Arraigned | To be formally charged with a crime in a court of law and to make a plea. |
| Preliminary hearing | An examination in open court by a judge to determine whether sufficient evidence exists to hold the accused for trial. |
| Privilege against self-incrimination | The right of any person, including one accused of a crime, to remain silent when what might be said could indicate guilt. |
| Work furlough | A rehabilitative program for prisoners under which they may participate in part-time gainful employment even while they are serving time in a prison or jail. |
| Recidivist | A repeat criminal offender. |
| Parole | Release from prison on specified conditions involving good behavior. |
| Probation | Release of a convicted criminal before sentence begins on condition of good behavior and under supervison of a probation officer. |
| Executive clemency | A formal act of kindness, mercy, and leniency by a governor or by the president in commuting a criminal penalty or granting pardon. |
| Commutation | Reduction, by a state governor or by the president, of punishment for a crime. |
| Pardon | Release of a convicted criminal from all punishment for a crime through an act of the governor of the state or the president. |
| Habeas corpus | A legal writ or court order to release a prisoner from allegedly unlawful confienment so that he can appear before a court for proper remedial action. |
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