WSU Business Law 210 Exam 4 Rated 100% Correct!!
rime - any act or omission that violates a governmental entity's penal laws criminal justice system - the police, law enforcement officials, courts, probation officers, and jail and prison systems prison - removing people from their environment for rehabilitation - Deters people from doing things that would cause them to go to prison - Keeps victims and others safe from retribution felony - more serious crimes punishable by over a year misdemeanor - less serious crime, punishable by under a year (most of time < six months) violation/infraction - least serious crime, punishable most often by fine "Malum in se" - - Wrong in itself - covers most common law crimes "Malum Prohibition" - - "Wrong because it's prohibition" - Malum prohibitum laws can be felonies and vice versa jurisdiction - courts ability to hear and decide a particular case personal jurisdiction - ability of court to bring in a criminal defendant What percentage of criminal cases go to trial? - About 5%Actus Rea - The defendant committed the act Mens Rea - The defendant has a criminal intent - could be specific intent, meant to do it or - could be general intent, meant to be overall bad or reckless Strict Liability Crimes - Guilty based on Actus Rea alone 4 generally recognized levels of intent - purposely, knowingly, recklessly or negligently general intent to commit a crime... - ...includes recklessness and criminal negligence cases Criminal Burden of Proof - - Burden is on the state - Must prove "beyond a reasonable doubt" Civil Burden of Proof - - Burden is on the plaintiff - Must prove "by a preponderance of evidence" Murder: First Degree - Murder with premeditation Murder: Second Degree - Murder without premeditation Voluntary manslaughter - intentional killing in the heat of passion
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