1. Chapter 5 Test Review
Test Friday

2. 3 Elements of Crime
Duty: Defined based on the statute (The law) and tells you what you can or cannot do
Breach: Did not follow the statute or law (Broke law)
Intent: Proof you meant to commit the act

3. Criminal Jury Made up of 12 jurors
“ALL” must agree to convict “EVERY” time
Judges interpret law
Juries decide issues of “Fact”
Witnesses (Lay witnesses) are people with knowledge of facts
Expert witnesses are people who give opinions

4. Contempt of Court Means you are impeding justice in some way
Witnesses, lawyers or spectators can be held in contempt (BY JUDGE)
Penalty could be a fine or jail
Examples of Contempt of court: Refusing to testify, NOT listening to a judges orders, or acting up in the court

5. CODES Laws organized into some group
Criminal Codes, business codes, civil codes or administrative codes, such as social security laws or DMV laws

6. STARE DECISIS Latin term meaning to adhere to decided cases
Important because it’s a common law rule that allows older case decisions to be used as a guide for future cases
It allows the law to be built over time

7. EQUITY Legal term meaning fairness
Making sure all people are given a fair trial and if a criminal matter, making sure they have a lawyer
Fairness also applies to a judge

8. CASE LAW Built by the judicial branch of government
Judicial meaning courts
Judges rule and these cases are considered “precedent” (Guides) for future cases to be decided

9. WHY ARE CRIMES AGAINST SOCIETY?
All of society pays for a persons criminal acts
We pay tax dollars for police, judges, public attorneys (District Attorney or Public Defender)
Cost involved to upkeep jails or prisons
Criminal acts effect the way people view any part of society as well

10. SUBSTANTIVE VS. PROCEDURAL
Substantive Law
Procedural Law
Substantive law is based on the definition (Statute) of the law broken
Part of both criminal cases and tort cases
Forcing the plaintiff or prosecution to meet their burden
Self defense, immunity
Procedural law is based on a persons legal rights
Miranda rights in a criminal case
Serving a defendant court papers in a civil case
Allowing a defendant NOT to testify against their rights in court

11. ELEMENTS OF A CRIME AND POINTS
Based on Law
Rights
CRIME
Duty (The statute)
Breach (Broke the law or statute)
Intent (Meant to commit the act and do evil)
RIGHTS
Not to testify
Illegal search and seizures
Lawyer
Proof by government (Prosecution)

12. Criminal Intent Person meant to do Evil Person meant to commit Act
In early Common Law, the age to form intent was “7”

13. Crimes with no INTENT to convict
Speeding (Infraction)
Parking ticket (Infraction)
Manslaughter (Felony offense meaning murder without intent)

14. CRIMINAL DEFENSE
Act in which a criminal defendant tries to escape criminal liability
Innocent until proven guilty
Because it’s a criminal offense, you are “GUARANTEED” a lawyer (No guarantee with civil/tort offense)

15. DIFFERENCE BETWEEN IMMUNITY
Allowing a witness to escape criminal liability based on testifying against someone else
Escaping liability means the criminal charges against them are dropped
PLEA BARGAIN
When a witness agrees to plead guilty to a lesser charge in exchange for the more serious charge to be dropped
Used by a prosecutor to get a conviction and save taxpayers money

16. PURPOSE OF CRIMES Punishment!
Not to rehabilitate, not to educate but to punish the wrongdoer

17. CRIMES- TYPES OF THEFT
Larceny- commonly known as theft. Can be petit or grand, depending on the amount stolen
Burglary- breaking into a building with the intent to commit a crime
Robbery- taking property off a person

18. CRIMES- EMBEZZLEMENT
Taking something that has been entrusted to you “Without” permission
Ex) You work for a bank and you take money without permission
** Its still a crime if you pay it back later

19. CRIMES- VICARIOUS LIABILITY
This means you are held liable for the acts of another person
Usually based on a business or company
Ex) An employee of yours destroys someone else's property while on the job, you as the owner can be held responsible for the acts of the employee

20. WHITE COLLAR CRIMES Based on a business
Usually non-violent and does not cause physical injuries
Many times based on fraud or embezzlement
Company can be held responsible for employees actions (Vicarious liability)

21. Crimes- Extortion vs. Bribery
Blackmail
Influencing with $$
Extortion is commonly known as blackmail
Ex) Telling an employee to work overtime for free or you will report them to the IRS for not paying taxes
Illegal, because you must report by law
Bribery- unlawfully offering something of value to influence a person
Ex) Giving a teacher money to pass you
Both sides can be found guilty of this crime

22. CRIMES- FALSE PRETENSES
False Pretenses means lying about a past or existing fact
Type of fraud
Meaning to intentionally mislead another person

23. CRIMINAL PENALTIES
Petty Offense- type of lower level misdemeanor. Also known as Infraction. Commonly a speeding or parking ticket which leads to a fine
Misdemeanor- Less than 1 year in local prison and less than $1,000 fine or both
Felony- More than 1 year in state or federal prison, more than $1,000 fine or death

24. ALL CRIMES ARE CLASSIFIED AS
Misdemeanor
Felony
Misdemeanor
A less serious crime
Speeding is a misdemeanor that results in a fine
Fines are criminal, NOT civil
Felony
More serious crimes like murder, rape or armed robbery
Punishment much more severe
On a persons records for life