criminal law- terminology (law test 2)

RICO

The 1970 Racketeer Influenced and Corrupt Organizations Act. Original goal: combat organized crime by authorizing private parties to file suits for triple damages and attorney's fees when federal laws dealing with various forms of fraud have been violated. The law has had an unintended impact: it has encouraged suits against accounting firms, brokerage houses, banks, and other businesses.

responsible corporate officer doctrine

corporate officers can be held criminally liable for public welfare based crimes regardless of whether he/she participated in, directed or even knew about a given criminal violation

Embezzlement

fraudulent taking of personal property by someone to whom it was entrusted

plea deal

is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.

white collar crimes

nonviolent acts committed to obtain a personal or business advantage -are the result of guile, deceit, or wrongful conduct, such as price fixing or insider trading.

Felony

punishable by death or imprisonment for more than 1 year -there are 3 degrees (A,B,&C)

Misdemeanor

punishable by less than one year

money laundering

the concealment of the origins of illegally obtained money, typically by means of transfers involving foreign banks or legitimate businesses.

Mens rea

"guilty mind" -criminal statutes set out the required mental state: intentionally, knowingly, maliciously, willfully, wantonlly

preliminary hearing

"trial before the trial" at which the judge decides, not whether the defendant is "guilty" or "not guilty," but whether there is enough evidence to force the defendant to stand trial. In making this determination, the judge uses the "probable cause" legal standard, deciding whether the government has produced enough evidence to convince a reasonable jury that the defendant committed the crime(s) charged.

Burden of proof

-the obligation to prove one's assertion. -Generally used to describe the threshold that a party seeking to prove a fact in court must reach in order to have that fact legally established. For example, in criminal cases, the burden of proving the defendant's guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.

when is an act a crime?

As a general rule, a crime involves a combination of an act and criminal intent. Criminal intent without an overt act to carry it out is not criminal.

Beyond a reasonable doubt

Criminal cases required proof to convict. The people or prosecution must use that proof to prove the defendant's guilt beyond a reasonable doubt. It requires such a quantity of proof that a reasonable person viewing the evidence would have no reasonable doubt about the guilt of the defendant.

criminal law

The statutory law prohibits certain specific conduct. Those who violate the law are prosecuted by the government and, if convicted, are punished with the statutory sanctions (i.e., prison and/or payment of fines to the government). Payment of restitution to the victim is often required.

indictment

a formal charge or accusation of a serious crime

grand jury

a jury, normally of twenty-three jurors, selected to examine the validity of an accusation before trial. -A panel of citizens that is convened by a court to decide whether it is appropriate for the government to indict (proceed with a prosecution against) someone suspected of a crime.

probable cause

a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search). Under exigent circumstances, probable cause can also justify a warrantless search or seizure. Persons arrested without a warrant are required to be brought before a competent authority shortly after the arrest for a prompt judicial determination of probable cause.

bankruptcy fraud

a white-collar crime that takes four general forms. First, debtors conceal assets to avoid having to forfeit them. Second, individuals intentionally file false or incomplete forms. Third, individuals sometimes file multiple times using either false information or real information in several states.

Actus reus

an act or omission bob raised his arm vs. bob's arm went up

initial appearance

the first appearance of a criminal defendant before a judge or usually a magistrate called also arraignment on the warrant initial presentment -Magistrate determines whether there is probable cause for the arrest. This is a protection of your Fourth Amendment rights. * If no; case dismissed and defendant released. * If yes; held for trial or set bail. Can plead guilty at this point and be sentenced.

arraignment

the first stage of courtroom-based proceedings takes place -- During a typical arraignment, a person charged with a crime is called before a criminal court judge

bribery

the giving or attempt of giving something of value to a person to influence that person to act in a way that serves a private interest

mail and wire fraud

the mail fraud act of 1990 makes it illegal to defraud the public through the mail

insider trading

this occurs when an individual obtains inside information about the plans of a publicity listed corporation and then makes stock trading profits by purchasing or selling corporate securities based on that information