Chapter 4: Criminal Law and Procedure

Vocabulary flashcards covering criminal law, procedural rights, types of defenses, and classifications of crimes from Chapter 4.

Crime

A punishable offense against society.

Statutes

Laws enacted by state or federal legislatures that define crimes.

Breach of Duty

The specific conduct of the defendant that violates a statute; the criminal act itself.

Criminal Intent

The mental state in which the defendant intended to commit the act and intended to do evil.

Vicarious Criminal Liability

The legal doctrine under which a corporate officer or employer can be held criminally responsible for crimes committed by employees.

Felony

A serious crime punishable by confinement for more than a year in a state prison, by a fine of more than $\$1,000$, or both, or even death.

Misdemeanor

A less serious crime punishable by confinement in a county or city jail for less than one year, by a fine, or both.

White-Collar Crime

Offenses committed in the business world that do not involve force or violence and do not cause physical injury to people or physical damage to property.

Larceny

Theft; the wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of possession.

Robbery

The taking of property from another person or their immediate presence, against the victim's will by causing fear; always classified as a felony.

Burglary

Entering a building without permission with the intent to commit a crime; always classified as a felony.

Fence

An individual who knowingly receives stolen property.

False Pretenses

A type of fraud that involves obtaining money or other property by lying about a past or existing fact.

Forgery

Falsely making or materially altering a writing to defraud another person.

Bribery

Unlawfully offering or giving anything of value to influence the performance of an official.

Commercial Bribery

A form of bribery that involves giving or soliciting anything of value to influence non-government parties.

Federal Computer Fraud and Abuse Act

A federal law specifically enacted to target computer-related crimes such as hacking and stealing computer data.

Extortion

Obtaining money or other property from a person by the wrongful use of force, fear, or the power of office.

Conspiracy

An agreement between two or more persons to commit a crime, which constitutes an offense separate from the crime planned.

Arson

The willful and illegal burning of a building, including burning one's own property to defraud an insurance company.

Due Process

A constitutional requirement for fundamental fairness in governmental actions, guaranteeing fair legal procedures during an investigation and trial.

Probable Cause

Reasonable grounds for belief that an accused person has committed a crime.

Reasonable Doubt

The standard of proof required to convict a defendant in a criminal case, necessitating a unanimous juror consensus.

Defense

A legal position taken by an accused to defeat the charges brought against him or her.

Procedural Defense

A defense based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished.

Substantive Defense

A defense that disproves, justifies, or excuses the alleged crime by discrediting the facts the state seeks to establish.

Self-Defense

The use of force that appears reasonably necessary to prevent death, serious bodily injury, rape, or kidnapping of oneself, household members, or others one has a legal duty to protect.

Immunity

Freedom from prosecution granted to a witness or suspect, even when that person has committed the crime charged.

Contempt of Court

An action that hinders the administration of justice, punishable as a crime by imprisonment.

Punishment

Any penalty provided by law and imposed by a court to deter individuals from criminal behavior.

Plea Bargaining

An agreement in which an accused person pleads guilty to a less serious charge in exchange for dropping a more serious charge and avoiding a greater penalty.

Verdict

The formal decision or finding made by a jury or judge on the matters submitted in a trial.