BUSINESS LAW AND ETHICS CHAPTER 10

misdemeanor

(n.) a crime or offense that is less serious than a felony; any minor misbehavior or misconduct

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.

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.

indictment

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

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.

felon

A legal person convicted of a felony

exclusionary rule

A means to suppress evidence that was obtained illegally

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

white-collar crime

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

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.

health care fraud

Fraud committed in the context of the health care field.

forfeiture

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

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

restitution

Penalty levied to repay to damages.

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.

larceny

The trespassory taking of property with the intent to deprive the owner of it.

fraud

The use of deception to acquire money or property.

double jeopardy

This means that the government may not prosecute someone twice for the same offense. It is prohibited by the Fifth Amendment to the U.S. Constitution.

acquit

to find not guilty of a fault or crime