Chapter 8

“ Guilty act”— the actual performance of a criminal act.

“ Evil intent”— the possession of the requisite state of mind to commit a prohibited act.

The most serious kinds of crimes. They are mala in se ( inherently evil), and they are usually punishable by imprisonment.

Crimes that are less serious than felonies. They are mala prohibita ( prohibited by society), and they are usually punishable by fine and/ or imprisonment for less than one year.

Crimes that are neither felonies nor misdemeanors. Violations are generally punishable by a fine.

• Felony
• Misdemeanor
• Violation

• Actus reus
• mens rea

A crime that imposes criminal liability without a finding of mens rea ( intent).

• Warrant
• Bail
• Indictment
• Arraingment
• Plea Bargaining
• Trial

A hearing during which the accused is brought before a court and is ( 1) informed of the charges against him or her and ( 2) asked to enter a plea.

The charge of having committed a crime ( usually a felony), based on the judgment of a grand jury.

If the defendant is found guilty, he or she may appeal. •

If the defendant is found not guilty, the government cannot appeal.

If the jury cannot come to a unanimous decision about the defendant’s guilt one way or the other, the jury is considered a hung jury. The government may choose to retry the case before a new judge and jury.

a murder is committed during the commission of another crime even though the perpetrator did not originally intend to committ murder.

occur to people and property

• Murder
• Robbery
• Larceny
• Burgarlary
• Theft
• Arson

• Forgery
• Embezzelement
• Bribery

Any search and seizure by the government that violates the Fourth Amendment.

A warrant issued by a court that authorizes the police to search a designated place for specified contraband, articles, items, or documents. A search warrant must be based on probable cause.

A rule that says evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched.

A person being a witness against himself or herself. The Fifth Amendment prevents self-incrimination in any criminal case.

Rights that a suspect must be informed of before being interrogated, so that the suspect will not unwittingly give up his or her Fifth Amendment right.