Ch. 10

Probation

A common penalty for committing crime, which means that the criminal is under the supervision of the court but is not confined.

Due Process

A constitutional guarantee of fairness by procedure.

Misdemeanor

A criminal offense that is less serious than a felony but more serious than an infraction.

Infraction

A criminal offense, which is less serious than a misdemeanor.

Entrapment

A defense that may be raised by a criminal defendant. Entrapment occurs when the government induces someone to commit a crime that he or she had no previous propensity to commit.

Infancy

A defense that may be used by persons who have not yet reached the age of majority, typically eighteen years of age.

Burden Of Proof

A duty to prove. In a criminal trial, the burden of proof is on the prosecution. In a civil trial, the burden of proof is usually the plaintiff's burden.

Racketeer Influenced And Corrupt Organizations Act (RICO)

A federal statute that penalizes racketeering activities.

Forgery

A form of counterfeiting.

Indictment

A formal document in which the government accuses a legal person of a crime/felony.

Blue-Collar Crime

A generic term used to describe crimes that are not white-collar crimes.

Mens Rea

A guilty mind, or a criminal state of mind.

Insanity

A lack of capacity defense, specifically applicable when the defendant did not understand that his or her actions were wrong.

Exclusionary Rule

A means to suppress evidence that was obtained illegally.

Crime

A public injury.

Felony

A serious criminal offense, punishable with a prison sentence of more than one year or, in some circumstances, death.

White-Collar Crime

A term used to describe nonviolent crimes committed by people in their professional capacity or by organizations

Obstruction Of Justice

Acting in a manner that creates obstacles to the administration of justice.

Environmental Crimes

Actions that violate federal or state statutes relating to the environment, which carry criminal sanctions.

Consent

An exception to the warrant requirement, in which a person with valid authority permits a search to proceed without a warrant.

Stop And Frisk

An exception to the warrant requirement, specifically permitted when a person is stopped for some permissible purpose by law enforcement officers. Allows a pat-down search or a "frisk."

Lawful Arrest

An exception to the warrant requirement, specifically referring to a pat-down search permitted when someone is lawfully arrested.

Exigent Circumstances

An exception to the warrant requirement, specifically when an emergency exists, such as a hot pursuit.

Automobile Exception

An exception to the warrant requirement, specifically when the vehicle is detained pursuant to a lawful stop.

Federal Sentencing Guidelines

Created by the U.S. Sentencing Commission to provide advisory guidelines to federal judges when sentencing criminals.

Financial Institution Fraud

Fraud against banks and other similar institutions, such as credit unions.

Securities Fraud

Fraud committed in the context of investments regulated by the SEC.

Health Care Fraud

Fraud committed in the context of the health care field.

Wire Fraud

Fraud committed over interstate wire, such as by telephone.

Kickbacks

Incentive payments that are given to someone who makes decisions to encourage others to pay for something.

Forfeiture

Involuntarily losing ownership of property that was used in criminal activities.

Antitrust Laws

Laws that seek to prevent activities that reduce or eliminate economic competition.

Perjury

Lying under oath.

Misappropriation

Obtaining a trade secret by improper means.

Custodial Interrogation

Occurs when a suspect is in custody, which means that the suspect cannot leave, and subject to interrogation, which means that words spoken or actions undertaken by government officials are likely to induce a response.

Money Laundering

Occurs when funds gained from illegal activities are processed through a seemingly legitimate business to "clean" the funds from association with criminal activities.

Embezzlement

Occurs when someone takes property that was in his or her possession lawfully and then converts it to his or her own use.

Grease Payments

Payments given to speed up a process that will occur, rather than to influence a decision.

Restitution

Penalty levied to repay to damages.

Whistleblowers

People who report the illegal activity of their employers or of their organization to authorities.

Miranda Warnings

Read to persons in custody, so that they are made aware of some of their constitutional rights. Failure to read Miranda warnings when someone is subject to a custodial interrogation may render statements uttered by the suspect inadmissible under the exclusionary rule.

Actus Reus

The guilty act, or the criminal action.

Presumption Of Innocence

The presumption made about any criminal defendant prior to verdict. Criminal defendants do not have to prove their innocence.

Preponderance Of The Evidence

The standard of proof in a civil trial. It means that the evidence that supports the claim is more likely than not.

Beyond A Reasonable Doubt

The standard of proof in a criminal trial. It means that the evidence must be so compelling that there is no reasonable doubt as to the defendant's guilt.

Probable Cause

The standard required for a search warrant to be issued. It arises when there is enough evidence, such as through corroborating evidence, to reasonably lead to the belief that someone has committed a crime.

Corporate Espionage

The use of deception to acquire the secrets of an economic competitor for financial gain.

Acquitted

To be found not guilty of a crime.

Extortion

When someone obtains property through coercion by threat of some future action.

pleas

guilty, not guilty, no contest

worker endangerment

if u get hurt @ work due 2 bad conditions, they r liable 4 it

Grand Jury

screening process before the charge is made to see that if the crime should seen in court Not open to the public, and they don't see the defendants side at all.