Chapter 8 Vocab. -Crime-

  1. Actus Reus
    The guilty act. The prosecution must show that a criminal defendant committed some proscribed act. In a murder prosecution, taking another person’s life is the actus reus.
  2. Mens Rea
    The guilty state of mind.
  3. Acquit
    To find the defendant not guilty of the crime for which he was tried.
  4. Affidavit
    A written statement signed under oath.
  5. Agent
    A person who acts for a principal.
  6. Arson
    Is the malicious use of fire or explosives to damage or destroy real estate or personal property.
  7. Compliance Program
    Is a plan to prevent and detect criminal conduct at all levels of the company.
  8. Criminal Law Rules
    It permit a government to punish certain behavior by fine or imprisonment.
  9. Criminal Procedure
    The process of investigating, interrogating, and trying a criminal defendant.
  10. Deterrence
    Using punishment, such as imprisonment, to discourage criminal behavior.
  11. Double Jeopardy
    A criminal defendant may be prosecuted only once for a particular criminal offense.
  12. Duress
    (1) A criminal defense in which the defendant shows that she committed the wrongful act because a third person threatened her with imminent physical harm. (2) An improper threat made to force another party to enter into a contract.
  13. Embezzlement
    Fraudulent conversion of property already in the defendant’s possession.
  14. Entrapment
    A criminal defense in which the defendant demonstrates that the government induced him to break the law.
  15. Exclusionary Rule
    Is a ban on the use of evidence obtained in violation of the Constitution during a criminal trial.
  16. Federal Sentencing Guidelines
    Detailed rules that judges must follow when sentencing defendants convicted of crimes in federal court.
  17. Felony
    The most serious crimes, typically those for which the defendant could be imprisoned for more than a year.
  18. General Deterrence
    Is a sentence that will discourage others from committing a crime by setting examples of what the consequences of a crime can be.
  19. General Intent
    The defendant intended to perform an illegal act, such as to assult but not to kill (the actus reus).
  20. Grand Jury
    Is a group of ordinary citizens that decides whether there is probable cause the defendant committed the crime and should be tried.
  21. Guilty
    Are the court’s finding that a defendant has committed a crime.
  22. Indictment
    Is the government’s formal charge that a defendant has committed a crime.
  23. Justification
    Is a criminal defense in which the defendant establishes that he broke the law to avoid a greater harm.
  24. Larceny
    Taking personal property with the intention of preventing the owner from ever using it.
  25. Misdemeanor
    Is a less serious crime, typically one for which the maximum penalty is incarceration for less than a year, often in a jail, as opposed to a prison.
  26. Money Laundering
    Is when taking the profits of criminal acts and either (1) using the money to promote more crime or (2) attempting to conceal the money’s source.
  27. Motion to Suppress
    Is a request that the court exclude evidence because it was obtained in violation of the Constitution.
  28. Plea Bargain
    Is an agreement in which the defendant pleads guilty to a reduced charge and the prosecution recommends to the judge a relatively lenient sentence.
  29. Probable Cause
    In a search and seizure case, it means that the information available indicates that it is more likely than not that a search will uncover particular criminal evidence.
  30. Prosecution
    When the government’s attempt to convict a defendant of a crime by charging him, trying the case, and forcing him to defend himself.
  31. Racketeer Influenced and Corrupt Organizations Act (RICO)
    Is a powerful federal statute, originally aimed at organized crime, now used in many criminal prosecutions and civil lawsuits.
  32. Racketeering Acts
    Are any of a long list of specified crimes, such as embezzlement, arson, mail fraud, wire fraud, and so forth.
  33. Restitution
    Restoring an injured party to its original position.
  34. Retribution
    Giving a criminal defendant the punishment he deserves.
  35. Specific Deterrence
    Is a sentence intended to discourage the accused from again committing the offence.
  36. Specific Intent
    Is the intent to perform an illegal act with the knowledge or purpose to kill.
Card Set
Chapter 8 Vocab. -Crime-
Business Law and the Legal Environment, Standard Edition, 5th Ed. By: Jeffrey f. Beatty, susan S. Samuelson ISBN-10: 0324663528