Business Law: Chapter 10

criminal law

- Injury to the public - Prosecuted by government - Attorney provided, if defendant cannot afford one - Burden of proof is beyond a reasonable doubt - Conviction may result in civil disabilities or loss of liberty - Penalties potentially include loss of liberty

civil law

- Private injury or wrong - Plaintiff sues defendant - Parties must provide their own attorneys - Burden of proof is preponderance of the evidence - No civil disabilities and no loss of liberty - Penalties are typically monetary

reasonable doubt

The prosecution's burden of proof in a criminal case is beyond a ____________

white-collar

______________ crime is a term used to describe nonviolent crimes committed by people in their professional capacity, or by organizations

punishment

______________ for criminal offenses can include fines, restitution, forfeiture, probation, civil disabilities, and a loss of liberty

federal sentencing guidelines for organizations

____________________ provide that organizations that maintain a rigorous compliance program to detect and report violations of the law, and voluntarily disclose those violations when they occur, are eligible for reduced sentences and fines

acquitted

a defendant is ____________ when the state cannot prove its case

indictment

a document the government uses to charge someone with committing a crime

crimes

are an offense to the public, and someone who commits a crime has committed an injury to the public

sixth amendment

gives criminal defendants the right to an attorney at any phase of a criminal case that could result in incarceration. If a defendant cannot afford an attorney, one will be provided

fifth amendment

guarantees the right against self-incrimination. The government cannot coerce a defendant's confession

lawful arrest

if someone is lawfully arrested, the police can search the person.

stop and frisk

if someone is lawfully stopped, the police can search the person

exclusionary rule

if the government violated a defendant's constitutional rights in gathering evidence, this evidence cannot be used against the defendant at trial; the Supreme Court has referred to this evidence as the" fruit of the poisonous tree"

presumption of innocence

in a criminal case, the defendant is presumed innocent until the prosecution proves its case

civil disabilities

in some states a felon may be prohibited from possessing firearms, running for public office, sitting on a jury, holding a professional license, or voting; a felon may be subject to deportation if he or she is an illegal immigrant

victimless

no crime is __________

plain view doctrine

no warrant required if the police can see the evidence

exigent circumstances

no warrant required in an emergency

whistleblowers

observe and then report the illegal activity of employees or their company to the authorities

automobile exception

police can search a car if has been lawfully stopped. They can look into the car and seize anything illegal without a warrant

due process

process is a constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property

eighth amendment

prohibits cruel and unusual punishment. Supreme Court cases limit the death penalty only to cases where the defendant has been convicted of murder, and only where the defendant was an adult and not mentally incompetent at the time of the murder

fourth amendment

prohibits illegal searches and seizures

double jeopardy

the Fifth Amendment prohibits the government from trying a defendant for the same crime twice. Unless the trial results in a hung jury, the prosecution will have only one shot at the defendant

insanity

the defendant lacks the capacity to understand that his actions were wrong

entrapment

the government cannot induce someone to commit a crime he or she did not intend to commit

consent

the person who has authority to grant consent for the search consents

infancy

under 18 defendants can use this defense to be tried in juvenile court where the penalties are usually rehabilitation and probation. For serious crimes, the prosecution can choose to try the juvenile as an adult

incorporation doctrine

under the ____________________ many provisions of the Bill of Rights have been held to be applicable to the states

search warrant requirements

usually the government must obtain a search warrant based on probable cause to search a particular location. Probable cause is where there is enough evidence to believe someone has committed a crime.