1. CHAPTER 5 TEST REVIEW
Criminal Law

2. What are all criminal acts against?
Society
Civil or torts are against a person

3. Why are criminal acts against society?
We all pay for crimes
Money for police, courts, jails
Safety within society
Saves people money (Theft)

4. What are the 3 elements of all crimes?
Duty
Breach
Intent

5. How is the criminal duty defined?
The duty is based on the criminal statute itself (The law)
What a person is supposed to do or not supposed to do

6. How does a defendant breach their duty?
If they disobey a criminal statute (The law)
Doing the opposite of what they are supposed to do legally

7. How is criminal intent defined?
Criminal intent is based on:
Committing what society determines is an evil act
Intending to do the act itself

8. What crime is defined as taking something that has been entrusted to you?
Embezzlement
Cashier taking money from their drawer

9. What crime is defined as how an officer of a business is held responsible for the acts of their employees?
Vicarious criminal liability

10. What crime is defined as a criminal offense in the business world?
White collar crimes

11. What crime is defined as when competing businesses do not compete but set prices or divide sales regions together?
Anti-trust laws

12. What crime is defined as being commonly known as theft?
Larceny
Petty (Small) and grand (Large)

13. What crime is defined as taking property from another person?
Robbery

14. What crime is defined as lying about a past or existing fact?
False pretense (A form of fraud)

15. What crime is defined as falsely making or materially altering a writing to defraud another?
Forgery
Material means important

16. What crime is defined as unlawfully offering or giving something of value to influence an official?
Bribery
Paying a person off to get what you want

17. What crime is defined as obtaining money or property by use of force?
Extortion
Commonly known as blackmail

18. What crime is defined as an agreement between 2 or more people to commit a crime?
Conspiracy
Added to original charge many times
Different from Accomplice

19. What crime is defined as willfully and illegally burning a building?
Arson

20. All crimes are classified into 2 areas?
Misdemeanor
Felony

21. Compare the two Misdemeanor Felony
Less than 1 year in local jails (County)
Fines up to $1000
Lower level misdemeanors are called infractions (Speeding/parking tickets)
Jail Not always given
Not on permanent record
1 year or more in state or federal prisons
$1000 fine or more
Fines and jail can be combined (Forced restitution)
Jail for life or death
On permanent record

22. Crime against a person Assault (Threat) Battery (Physical) Kidnapping
Rape
Murder (First degree requires premeditation)

23. Crime against property
Theft (Larceny)
Robbery
Embezzlement

24. Crime against government
Based on administration of justice
Treason
Tax evasion
Perjury (Lying under oath)

25. Crime against public peace and order
Rioting
Disorderly conduct
Illegal speeding

26. Crime against realty “Realty” means Land, homes
Burglary (Entering building)
Arson
Criminal Trespass (Entering property without consent)

27. Crime against consumers
Fraudulent sale of securities (Stocks, bonds, etc)
Violation of pure food and drug laws

28. CrimeS against decency
Bigamy
Prostitution
Obscenity

29. What allows for a defendant to escape criminal liability?
A defense
Defense does not need to call a witness or do anything

30. Criminal defenses substantive procedural
Based on the statute itself (the law)
Tries to disprove, justify or excuse the alleged crime
Tries to discredit facts or show the person had no intent
Self-defense or insanity
Based on problems with the ways evidence is obtained or the accused is arrested or questioned
Court objections, taking the 5th
Can lead to an appeal of the outcome of the trial or juries decision

31. What means freedom from prosecution even when one has committed the crime?
Immunity
Usually used to get a witness to testify
Many times they wave their 5th amendment rights

32. What means any action that hinders the administration of justice?
Contempt of court
Person can be fined or jailed by judge
Based on not following a judges orders
Can be grounds for appeal

33. What means agreeing to accept a lessor criminal CHARGE IN EXCHANGE FOR THE MORE SERIOUS CHARGE BEING DROPPED?
Plea bargain
Used to speed up a trial and cost taxpayers less money
No jury trial needed many times

34. What are all American's granted as a right when they are arrested?
Due process
Right to an attorney
Right to a “speedy” trial
Right to a jury (if needed)
Right to an appeal (if needed)

36. Are there any questions? Test Friday May 13th