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BUL 3103 Placid Chapter 7

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Term
Definition
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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