Chapter 6
Management 3540 with Swenson at University of Missouri- Columbia
About this deck
By: Martin Ruzicka
Created: 2011-12-11
Size: 38 flashcards
Views: 17
Created: 2011-12-11
Size: 38 flashcards
Views: 17
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Arrest
a significant deprivation of an individual's freedom of movement by a police officer
Arrest warrant
a court order allowing a person to be seized by police and be placed in custody
Search warrant
is a court order allowing officers to search a particular area for evidence of a crime
Indictment
a criminal charge filed by a grand jury
Probable cause
means there is enough evidence of a fact to give reasonable grounds to believe it is true
Information
criminal charge filed by a prosecutor
Arraignment
a court proceeding where a criminal defendant appears in person before a judge who reads the criminal charge to the defendant
Acquittal
a finding of not guilty by a judge or jury in a criminal case
7 Constitutional rights of a criminal suspect
1. Protection against unreasonable search and seizure
2. Right to remain silent
3. Protection against double jeopardy
4. Right to notice of charges
5. Right to confrontation
6. Right to speedy trial by jury
7. Right to counsel
Exclusionary rule
any evidence illegally obtained by the police is inadmissible at a criminal trial
Fruit of the poisonous tree doctrine
any discoveries resulting from illegally obtained evidence are also inadmissible at trial
Miranda Rights
a suspect must be informed of his constitutional rights before he can validly waive them
Prosecutorial discretion
gives the prosecutor almost complete control over whether a criminal charge is filed or not in any particular case
Plea
the defendant's statement that he is guilty, not guilty, or has some other response to the criminal charge
Plea bargain
an agreement by the defendant to plead guilty in exchange for a lesser charge and/or a fixed punishment
Disclosure
the process of gathering information prior to trial in a criminal case
Writ of habeas corpus
A challenge to the imprisonment of a criminal defendant, usually on constitutional grounds
Actus Reus
an unlawful act
Mes Rea
required criminal intent
Four Classifications of Crimes:
1. Capital Offenses
2. Felonies
3. Misdemeanors
4. Infractions
Capital Offenses
those punishable by death
Felonies
those punishable by up to life in prison
Misdemeanors
those punishable by up to one year in the county jail
infractions
those punishable by fines only
Forgery
Fraudulent making or altering a document to change its legal effect
Robbery
stealing from someone's person by force or by threat of force
Burglary
breaking and entering a building with the intent to commit a crime inside
Larceny
wrongfully taking another's property with the intent to permanently deprive the owner of it
Embezzlement
misappropriating (taking for unapproved purposes) property properly entrusted to your possession
Arson
the intentional burning of the building of another or the intentional burning of a building to defraud insurance
Money Laundering
using a legitimate business to disguise the source of illegal profits
Bribery
offering money or property to obtain an illegitimate political or commercial advantage
Mistake
a mistake of law is not a defense
a mistake of fact is a defense only if it negates a required criminal intent
Consent
consent is a defense to any offense which logically requires a lack of consent for criminality
Entrapment
the defendant's criminal activity is induced by actions of police rather than the defendant's predisposition to commit a crime
Duress
a wrongful threat of immediate danger coerces the crime and the danger of the threat is greater than the danger of the crime
intoxication
generally voluntary drunkenness is not a defense to a crime
Minority
generally under age fourteen there is a presumption of an inability to form criminal intent, and the child will be dealt with/punished through the juvenile system instead of criminal court
About this deck
By: Martin Ruzicka
Created: 2011-12-11
Size: 38 flashcards
Views: 17
Created: 2011-12-11
Size: 38 flashcards
Views: 17
About StudyBlue
STUDYBLUE makes things that make you better at school.
Things like online flashcards with photos and audio.
Things like personalized quizzes and friendly reminders about when (and what) to study next.
Think of it as a digital backpack™: access to all of your study materials online and on your phone.
STUDYBLUE exists to make studying efficient and effective for every student, for free. Join us.
“I have been getting MUCH better grades on all my tests for school. Flash cards, notes, and quizzes are great on here. Thanks!”
Kathy
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