Chap 9

Nolo contendere

A plea entered by the defendant in a criminal case that neither admits nor denies the crime allegedly committed but, if accepted by the court, permits the judge to treat the defendant as guilty. "no contest"

5th amendment

Protection against compulsory self incrimination. Does not apply to corporations (professional corps. or partnerships)

6th Amendment

Protects in criminal cases. It provides the defendent the right:to a speedy and public trial, trial by jury, to be informed about the charge brought against you, to confront your accuser, to subpoena witnesses, to have the assistance of an attorney.

Double jeopardy

a constitutional doctrine that prohibits an individual from being prosecuted twice by the same governing body based on the same factual situation.Can't be tried twice by the same governmental entity. Provided by 5th amendment.

Search warrant

a court order required by the Fourth Amendment of the U.S. Constitution to be obtained from governmental officials prior to private property being searched or seized.

Obstruction of justice

a criminal act involving the interference of the administration of the law during the investigations and conduct of trails.

Endangerment of workers

a criminal act that involves placing employees at risk with respect to their health and safety in the work environment.

Aiding and abetting

a criminal action that arises from association with and from assistance rendered to a person guilty of another criminal act.

Exculpatory no

a doctrine in federal criminal law: an individual cannot be charged with making a false statement if the statement is a false denial of guilt made in response to a federal investigator's question

Indictment

a document issued by a grand jury formally charging a person with a felony.

Intent

a legal doctrine indicating that parties meant to do what they did.

Scheme to defraud

a plan or program designed to take from a person the tangible right of honest services.

Accessory

a term used at the state level that is similar to "aiding and abetting." Generally is either before the criminal act or after it.

Unreasonable searches and seizures

a violation of the Fourth Amendment of the U.S. Constitution that occurs when a valid search warrant is not obtained or when the scope of a valid warrant is exceeded.

Willfully

act is committed voluntarily and purposefully with intent to defraud or deceive.

Sentencing guidelines

adopted by the U.S. Sentencing Commission as a means of standardizing the sentences given to similar criminals committing similar crimes.

Bankruptcy crime

an action involving the falsification of documents filed in a bankruptcy case.

Conspiracy

an agreement or a "kind of partnership" for criminal purposes in which each member becomes the agent or partner of every other members.

Concealment

an intentional misrepresentation of a material fact occurring through the silence of a party. To secrete, falsify, mutilate, fraudulently transfer, withhold information or knowledge required by law to be made known, or take any action preventing discovery.

Fraud

an intentional misrepresentation of a material fact that is justifiably relied upon by someone to his or her injury

White-collar crime

any illegal offense that is committed in a business or professional setting.

Overt act

any transaction of event knowingly committed by a conspirator in an effort to accomplish some object of the conspiracy.

Misdemeanors

are punishable by a fine or jail sentence of less than one year.

Felonies

are punishable by fine or imprisonment in a penitentiary for a period of one year or more.

Burglary

breaking into a building with the intent to commit a felony/theft by breaking and entering. Most common felony in these cases is larceny.

Racketeering

defined in RICO to mean "any act or threat involving" specified state law crimes, any "act" indictable under various specified federal statutes, and certain federal "offenses"./A crime under RICO involving a pattern of actions that are indictable under state or federal laws.

Information

government charges a person with misdemeanor.

Good faith

honesty in dealing; innocence; without fraud or deceit.

Knowingly

intentionally

Robbery

larceny by violence or threat such as with a gun/Illegally taking something by force.

Expectation of privacy

privacy that citizens anticipate but do not always receive.

RICO

the Racketeer Influenced and Corrupt Organizations Act.

Pattern of racketeering

the collection of an unlawful debt. Requires two acts of these activities within a 10 year period.

Probable cause

the reasonable basis on which law enforcement officials convince a judge that criminal activity has occurred. This is the basis that must be satisfied before a judge will issue a criminal search warrant.

Larceny

the unlawful taking of personal property with the intent to deprive the rightful owner of it permanently. Aka theft or stealing.

Wire fraud

the use of radio, television, telephone, Internet, or other wired forms of communication to conduct fraudulent activities with the intent to deprive an owner or property.

Mail fraud

the use of the United States Postal Service or any interstate carries to conduct fraudulent activities with the intent to deprive an owner of property

Intent to defraud

to act knowingly and with the specific intent to deceive someone, ordinarily for the purpose of causing some financial loss to another or bringing about some financial gain to oneself.

Presumption of innocence

to be presumed innocent until found guilty by a petit jury.