BUL 3103 Placid Chapter 7
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Crime | Defined as a wrong against society proclaimed in a statute and punishable by a fine and/or imprisonment (or death).
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Beyond reasonable doubt | Must be unanimous. If the jurors are not fully convinced of the defendants guilt they must find the defendant not guilty.
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Felonies | Serious crimes punishable by death or by imprisonment for more than a year.
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Misdemeanors | Less serious crimes, punishable by a fine or by a confinement for up to a year.
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Petty Offenses | Considered subsets of misdemeanors. Minor violations.
ex) Jaywalking or violation of building codes
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Elements for conviction of a crime | 1) The performance of a prohibited act
2) A specified state of mind, or intent, on the part of actor.
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Actus Reus | Referred to as a prohibited act in criminal law.
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Mens Rea | A wrongful mental state.
*Also required to establish criminal liability.
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Criminally reckless | If he or she consciously disregards a substantial and unjustifiable risk.
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Criminal Negligence | Involves the mental state in which the individual deviates from the standard of care that a reasonable person would use under the same circumstances.
Ex) Involuntary manslaughter
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Violent crime | Crimes against persons, because they cause others to suffer harm or death.
ex) Murder, sexual assault, rape, robbery
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Robbery | Taking of money, personal property, or any other article of value from a person by means of force or fear.
Also a violent crime.
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Property Crime | Most common type of criminal activity, in which the goal of the offender is some form of economic gain or damaging property.
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Burglary | Breaking and entering the dwelling of another at night with the intent to commit a felony.
It's aggravated burglary when a deadly weapon is used.
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Larceny | The unlawful taking and carrying away of someone else's personal property with the intent to permanently deprive the owner of possession.
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Arson | the willful and malicious burning of a building owned by another.
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Forgery | The fraudulent making or altering of any writing in a way that changes the legal rights and liabilities of another.
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Victimless crimes | Public drunkenness, prostitution, gambling, and illegal drug use.
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White Collar Crime | An illegal act or series of acts committed by an individual or business entity using some nonviolent means to obtain a personal or business advantage.
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Embezzlement | When a person entrusted with another person's property or funds fraudulently appropriates that property or funds.
ex) An employee who steals funds.
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Duress | When the wrongful threat of one person induces another person to perform an act that he or she otherwise would not have performed.
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Entrapment | Defense designed to prevent police officers or other government agents from enticing persons to commit crimes in order to later prosecute them for those crimes.
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Double Jeopardy | Trying someone twice for the same criminal offense.
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Exclusionary Rule | Any evidence obtained in violation of the constitutional rights is not admissible at trial,
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Phishing | The perpetrator "fishes" for financial data or passwords from customers by posing as a legitimate business.
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Vishing | Phishing which involves voice communication.
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