Business Law Chapter 6 - Criminal Law

Arraignment

Accused is informed of the charge against him and enters a plea

Crime

An act or omission in violation of a public law and punishable by the government

Burglary

Breaking and entering the home of another at night with intent to commit a felony

Bad checks

Checks issued with funds insufficient to cover them

Duress

Coercion by threat of serious bodily injury (If defendant complies with crime because of threat, he is not guilty)

Computer Crime

Crime by, with, or at a computer

Liability without Fault

Crime to do a specific act or cause a certain result without regard to the care excercised

Mens Rea

Criminal intent or mental fault

Preliminary Hearing

Determines whether there is probable cause

RICO

Federal law intended to stop organized crime from infiltrating legitimate businesses

Information

Formal accusation of a crime brought by a prosecutor

Steps in Criminal Prosecution

Generally include arrest, booking, formal notice of charges, preliminary hearing to determine probable cause, indictment or information, arraignment, and trial

Indictment

Grand jury charge that the defendant should stand trial

Objective Fault

Gross deviation from reasonable conduct (ie, negligence or carelessness... A person should be aware of a substantial and unjustifiable risk that his conduct is prohbiited or will cause a prohibited result)

Mistake of Fact

Honest and reasonable belief that conduct is not criminal is a defense

Defense of person or property

Individuals may use reasonable force to protect themselves, other individuals, and their property

Forgery

Intentional falsification of a document in order to defraud

Robbery

Larceny from a person by force or threat of force

Misdemeanor

Less serious crime

Vicarious Liability

Liability imposed on one for acts of another

Extortion (blackmail)

Making threats to obtain property

White-collar Crime

Nonviolent crime involving deceit, corruption, or breach of trust

Mala prohibita

Not morally wrong but declared wrongful by law

False Pretenses

Obtaining title to property of another by means of materially false representations of fact made with knowledge of their falsity and with the intent to defraud

Bribery

Offering money or property to a public official to influence the official's decision

Exclusionary Rule

Prohibition against the introduction of illegally seized evidence

Beyond a reasonable doubt

Proof that is entirely convincing; satisfied to a moral certainty

Fourth Amendment

Protects individuals against unreasonable searches and seizures

Fifth Amendment

Protects persons against self-incrimination, double jeopardy, and being charged with a capital crime except by grand jury indictment

Sixth Amendment

Provides the accused with the right to a speedy and public trial, the opportunity to confront witnesses, have compulsory process for obtaining witnesses, and the right to counsel

Subjective Fault

Purposeful(conscious object is to engage in the prohibited conduct or result), knowing(aware that conduct is prohibited or will cause a result), or reckless(consciously disregarding a substantial and unjustifiable risk)

Probable Cause

Reasonable belief of the offense charged

Felony

Serious crime

Entrapment

The act of a government official in inducing another to commit a crime (prevents officials from committing crime)

Larceny

Trespassory taking and carrying away of the goods of another with the intent to permanently deprive

Liability of a Corporation

Under certain circumstances a corporation may be convicted of crimes and punished by fines

Actus Reus

Wrongful or overt act

Mala in se

Wrongs in themselves or morally wrong

Embezzlement

taking the property of one's employer in violation of a trust