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a crime punishable by fine or imprisonment in a penitentiary for a period of one year or more.
-felony cases begin with indictment by a grand jury, which determines that there is sufficient evidence to warrant a trial. Petit jury then determines the guilt or innocence of the accused. |
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a crime punishable by a fine or a jail sentence of less than one year.
-usually commenced by the government filing a charge called an INFORMATION |
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| involves a combination of "act" plus "intent". |
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| Criminal statues describing criminal conduct and intent |
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-the word willfully defines that the act was committed voluntarily and purposely wiht the specific intent to disobey or to disregard the law
-the word knowingly means the criminal act was done voluntarily and was not a mistake or accident. Can be inferred if the accused deliberately blinded themselves from the existance of a fact.
-"reckless disregard for the truth" is often the basis of white-collar criminal conduct |
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| Latin for "no contest". This plea to an indictment allows sentencing just as if the defendant had pleaded or been fond guilty, so the defendant avoids the cost of trial as well as the effect of a guilty plea (such as creating a strong basis for a subsequent civil damage suit |
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| normally consists of 23 citizens, atleast 16 who must be present for the grand jury to hear evidence and vote on cases. Must determine probable cause which warrants the accused's standing trial. |
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| presumed innocent until found guilty by a petit jury |
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| an agreement for criminal purposes in which each member becomes the agent or partner of every other member.Making of the agreement followed by an overt act |
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| any transaction or even knowingly committed b ya conspirator in an effort to accomplish some object of the conspiracy, |
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| if a person acts under the direciton of someone accused of criminal activities, this person is held responsible in the commission of a crime. Used to indict persos only minimally involved with the actual substantive crime. |
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| the state level equivalence of aiding and abetting. Accessory before the crime (may be punished as the person who committed the crime), accessory after the fact (may be charged as someone who assisted criminals). |
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| Clause of the Fifth AMendment provides that, "no person [shall] be subject for the same offense to be twice put in jeopardy of life or limb." Individuals cannot be tried twice by the same gov't. entity for the same crime based on the same factual situation, but can be tried in federal court and state court for crimes that violate both laws. |
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| a form of accidental homicide when a worker is injured or killed on the job if adequate safety precautions are not in place |
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| laws that make it a crime to inferfere with gov't. investigations. from inception an investigation to the conclusion of a trial. |
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| the unlawful taking of personal property with the intent to deprive the rightful owner of it permanently |
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| Larceny by violence or threat such as with a gun |
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| Breaking into a building with the intent to commit a felony |
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| Committed when an employee appropriates funds of his employer to his or her own use. ex. padding expense accounts and use of company property w/o permission |
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| What a prosecutor must establish to determine fraud. This includes a plan or program designed to deceive others in general. |
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| To act konwingly and with the specific intent to deceive someone, ordinarily for the purpose of causing some financial loss to another or bringing about some financial gain to oneself. need to prove this beyond reasonable doubt (no need to prove actual damages). |
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| The defense often asserted against the allegations of an intent to defraud indciment. If the defendant simply made a mistake in judgement or an error in management, there was no intent to defraud. |
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| Those committed in the course of bankruptcy proceedings, which are conducted in federal courts. ex. bankruptcy debtor falsifying information filed in the proceedings, present a false claim in any bankruptcy proceeding |
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| committed by anyone who conceals resources belonging to the estate of a debtor in bankruptcy, must be intent to decieve or cheat |
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| Racketeer Influenced and Corrupt Organizations Act. Imposes criminal and civil liability upon those businesspersons who engage in certain prohibited activities and who engage in interstate commerce |
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| Any act or threat involving specified state law crimes, and act indictable under various specific federal statues, and certain federal offenses. Atleast two activities of racketeering activity within a ten-year period |
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| Guidlines to make the criminal justice system more just and help ensure that similar crimes receive similar sentences |
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| crimes that are inherently wrong (ex. murder or rape) |
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