Overview of Criminal Law

This set of flashcards covers key concepts and terms from the lecture notes on criminal law, focusing on definitions, major differences between criminal and civil law, and various types of crimes.

What is the primary difference between criminal and civil law?

Criminal law involves an injury to the public, while civil law involves a private injury or wrong.

Define actus reus.

The act defined as criminal; it refers to the physical act of committing a crime.

What is mens rea?

The requisite 'criminal intent' or a guilty mind required to establish a crime.

What does 'ignorance of the law is no excuse' mean?

It means that individuals cannot claim ignorance of the law as defense against criminal charges.

What is a felony?

A crime punishable by imprisonment of more than one year or by death.

What distinguishes a misdemeanor from a felony?

A misdemeanor is a petty offense punishable by less than one year of imprisonment.

What is homicide?

The killing of one person by another without legal excuse.

What constitutes assault?

An attempt to commit a battery or placing another in fear of receiving an immediate battery.

Define larceny.

The wrongful taking and carrying away of personal property of another with intent to steal.

What is the purpose of bail?

A sum of money paid to secure the defendant’s attendance at trial.

What is the exclusionary rule?

Evidence obtained in violation of constitutional rights is generally inadmissible at trial.

What does the 4th Amendment protect against?

Unreasonable search and seizure.

What is double jeopardy?

The prohibition against prosecuting a person twice for the same offense.

What does the 6th Amendment guarantee?

The right to a speedy trial, the right to confront witnesses, and the right to legal counsel.

Define white collar crime.

Any illegal act committed by nonviolent means to obtain a personal or business advantage.

What exemplifies a Ponzi scheme?

A fraudulent pyramid scheme where early investors are paid using new investors' funds.

What happens during a preliminary hearing?

To determine whether there is sufficient reason to hold the accused for trial.

What is the function of a grand jury?

To hear evidence and determine if there is probable cause to bring charges against a defendant.

What is extortion?

The wrongful collection of money or value by means of a threat.

What are Miranda rights?

Rights that must be read to a suspect before interrogation, including the right to a lawyer.