Toussaint Law 3220 Exam 2 Questions
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Crime
a positive or negative act that violates a penal law (not civil law)
Fraud
Intentional deception
Felony
a crime punishable by more than a year
Violent crime
murder or manslaughter
Non-violent victim crimes
vehicle theft and burglaries
Victimless crimes
possession of illegal drugs
White collar crimes (examples)
embezzlement, fraud, and bribery
Elements of a crime:
• government agencies decide who will be charges with crime and they tie
in probable cause for arrest and reasonable doubt for trial
• prosecutors receive the reports and then decide whether to bring charges
• politics and personal preference may come into play in decisions by prosecutors
Criminal negligence
a degree of carelessness amounting to a culpable disregard of rights and safety of
others (Example: drunk driver drives the wrong way down a highway and kills someone)
Requirements for prosecution and conviction
actus rues and mens rea
, Actus reus
the guilty act
Mens rea
criminal intent
4 rights of miranda:
1. right to remain silent
2. statements made can and will be used against you as evidence in court
3. right to be represented counsel
4. if accused and you cannot afford an attorney one will be provided for you
5th amendment
the right to remain silent
6th amendment
the right to be represented by counsel
White collar crime:
Crime committed by a person of respectability and high social status in the course of his
or her occupation
5 types of punishment for crime:
• death
• imprisonment/fines
• unable to own a firearm
• removal from public office
• disqualified from holding office or voting
Percent certainty for probable cause
51%
Percent certainty for burden of proof
95%
Bankruptcy fraud
person or corporation hides or lies about assets in bankruptcy processing (also applies
to creditors giving false information or illegal pressure to bankruptcy petitioners)
Bribery
offer or taking money, goods, services, etc. to influences actions or decisions
and Answers Best rated A+ Guaranteed
Success Latest Update
Crime
a positive or negative act that violates a penal law (not civil law)
Fraud
Intentional deception
Felony
a crime punishable by more than a year
Violent crime
murder or manslaughter
Non-violent victim crimes
vehicle theft and burglaries
Victimless crimes
possession of illegal drugs
White collar crimes (examples)
embezzlement, fraud, and bribery
Elements of a crime:
• government agencies decide who will be charges with crime and they tie
in probable cause for arrest and reasonable doubt for trial
• prosecutors receive the reports and then decide whether to bring charges
• politics and personal preference may come into play in decisions by prosecutors
Criminal negligence
a degree of carelessness amounting to a culpable disregard of rights and safety of
others (Example: drunk driver drives the wrong way down a highway and kills someone)
Requirements for prosecution and conviction
actus rues and mens rea
, Actus reus
the guilty act
Mens rea
criminal intent
4 rights of miranda:
1. right to remain silent
2. statements made can and will be used against you as evidence in court
3. right to be represented counsel
4. if accused and you cannot afford an attorney one will be provided for you
5th amendment
the right to remain silent
6th amendment
the right to be represented by counsel
White collar crime:
Crime committed by a person of respectability and high social status in the course of his
or her occupation
5 types of punishment for crime:
• death
• imprisonment/fines
• unable to own a firearm
• removal from public office
• disqualified from holding office or voting
Percent certainty for probable cause
51%
Percent certainty for burden of proof
95%
Bankruptcy fraud
person or corporation hides or lies about assets in bankruptcy processing (also applies
to creditors giving false information or illegal pressure to bankruptcy petitioners)
Bribery
offer or taking money, goods, services, etc. to influences actions or decisions
