Chapter 7. A violation of a statute for which the government imposes a punishment Penal code: A collection of criminal statutes Regulatory statutes:

Chapter 7

A violation of a statute for which the government imposes a punishment

Penal code: A collection of criminal statutes Regulatory statutes: Statutes such as environmental

laws, securities laws, and antitrust laws that provide for criminal violations and penalties

Punishment for a crime Fine Imprisonment Other forms of punishment

7-2Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

It is imposed to Incapacitate the criminal so he or she will not harm others

in society Provide a means to rehabilitate the criminal Deter others from similar conduct Inhibit personal retribution by the victim


The government is the plaintiff Represented by a prosecutor

The accused is the defendant Represented by a defense attorney

If the accused cannot afford a private defense lawyer, the government will provide one free of charge Often called a public defender


Classification Description

Felony The most serious kinds of crimes. They are mala in se (inherently evil) and are usually punishable by imprisonment.

Misdemeanor Crimes that are less serious than felonies. They are mala prohibita (prohibited by society) and are usually punishable by fine and/or imprisonment for less than 1 year.

Violation Crimes that are neither felonies nor misdemeanors. Violations are generally punishable by a fine


A crime that requires the defendant to be found guilty of committing a criminal act (actus reus) with criminal intent (mens rea)

Actus reus: “Guilty act”—the actual performance of a criminal act

Mens rea: “Evil intent”—the possession of the requisite state of mind to commit a prohibited act


Specific intent crime: A crime that requires that the perpetrator intended to achieve a specific result from his or her illegal act

General intent crime: A crime that requires that the perpetrator either knew or should have known that his or her actions would lead to harmful results

Nonintent crime: A crime that imposes criminal liability without a finding of mens rea (intent)



Arrest warrant: A document for a person’s detainment based on a showing of probable cause that the person committed a crime Probable cause: Evidence of the substantial likelihood that

a person either committed or is about to commit a crime Warrantless arrest: An arrest that is made without

obtaining an arrest warrant The arrest must be based on probable cause and a showing

that it was not feasible to obtain an arrest warrant


Indictment The charge of having committed a crime (usually a felony),

based on the judgment of a grand jury Information

The charge of having committed a crime (usually a misdemeanor), based on the judgment of a judge (magistrate)


A hearing during which the accused is brought before a court and is: Informed of the charges against him or her Asked to enter a plea

Nolo contendere The accused agrees to the imposition of a penalty but does

not admit guilt


An agreement in which the accused admits to a lesser crime than charged In return, the government agrees to impose a lesser

sentence than might have been obtained had the case gone to trial

The government engages in plea bargaining to: Save costs Avoid the risks of a trial Prevent further overcrowding of prisons


All jurors must unanimously agree before the accused is found guilty of the crime charged

The following rules apply after trial If the defendant is found guilty, he or she may appeal If the defendant is found not guilty, the government cannot

appeal If the jury cannot come to a unanimous decision about the

defendant’s guilt one way or the other, the jury is considered a hung jury


A jury that cannot come to a unanimous decision about the defendant’s guilt In the case of a hung jury, the government may choose to

retry the case



Murder The unlawful killing of a human being by another with malice aforethought—the element of mens rea (guilty mind)

Robbery The taking of personal property from another person by the use of fear or force

Burglary The taking of personal property from another’s home, office, or commercial or other type of building

Larceny The taking of another’s personal property other than from his or her person or building



Theft Some states have dropped the distinction among the crimes of robbery, burglary, and larceny, and group these crimes under the general crime of theft. Most of these states distinguish between grand theft and petit theft.

Receiving stolen property

A crime that involves (1) knowingly receiving stolen property and (2) intending to deprive the rightful owner of that property.

Arson The willful or malicious burning of a building.


A type of crime that is prone to being committed by businesspersons

Forgery: The fraudulent making or alteration of a written document that affects the legal liability of another person

Embezzlement: The fraudulent conversion of property by a person to whom that property was entrusted


A crime in which one person gives another person money, property, favors, or anything else of value for a favor in return A bribe is often referred to as a payoff or kickback

Extortion (blackmail): A threat to expose something about another person unless that other person gives money or property


A crime that involves obtaining title to property through deception or trickery Also called false pretenses or deceit

Mail fraud and wire fraud The use of mail or wires to defraud another person


Money Laundering Control Act: A federal statute that makes it a crime to Knowingly engage in a money transaction through a

financial institution involving property from an unlawful activity worth more than $10,000

Knowingly engage in a financial transaction involving the proceeds of an unlawful activity


A federal act that provides for both criminal and civil penalties for racketeering

Criminal RICO Makes it a federal crime to acquire or maintain an interest

in, use income from, or conduct or participate in the affairs of an enterprise through a pattern of racketeering activity

Civil RICO Persons injured by a RICO violation can bring a private

civil RICO action against the violator to recover for injury to business or property


A crime in which two or more persons enter into an agreement to commit a crime and an overt act is taken to further the crime

Charges are brought by the government if The defendants have been thwarted in their efforts to

commit the substantive crime There is insufficient evidence to prove the substantive

crime Cyber crime: A crime that is committed using

computers, e-mail, the Internet, or other electronic means


Protection granted by the Fourth Amendment for people to be free from unreasonable search and seizure by the government

Search warrant: A warrant issued by a court that authorizes the police to search a designated place for specified contraband, articles, items, or documents A search warrant must be based on probable cause


Evidence obtained from an unreasonable search and seizure can generally be prohibited from introduction at a trial or an administrative proceeding against the person searched

Searches of business premises The government does not have the right to search business

premises without a search warrant▪ However, certain hazardous and regulated industries are subject to

warrantless searches if proper statutory procedures are met


The Fifth Amendment provision that A person may not be required to be a witness against

himself or herself in a criminal case Miranda rights

Rights that a suspect must be informed of before being interrogated

Ensures that the suspect will not unwittingly give up his or her Fifth Amendment right


A client can tell his or her lawyer anything about the case without fear that the attorney will be called as a witness against the client

Other privileges have been recognized by the Fifth Amendment Psychiatrist/psychologist–patient privilege Priest/rabbi/minister/imam–penitent privilege Spouse-spouse privilege Parent-child privilege


The government’s agreement not to use against a person granted immunity any evidence given by that person

Other constitutional protections Double Jeopardy Clause: A clause of the Fifth

Amendment that protects persons from being tried twice for the same crime


The rights include To be tried by an impartial jury of the state or district in

which the alleged crime was committed To confront (cross-examine) the witnesses against the

accused To have the assistance of a lawyer To have a speedy trial

The Eighth amendment – protects criminal defendants against cruel and unusual punishment



Documents

Chapter 7. A violation of a statute for which the government imposes a punishment Penal code: A collection of criminal statutes Regulatory statutes: