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Ch. 4 cont. Vicarious liability- Being held responsible for somebody else’s crime. Felony- A crime punishable by confinement for more than a year in a state prison, by a fine of more than $1,000, or both- or even death.
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Vicarious liability- Being held responsible for somebody else’s crime. • Felony- A crime punishable by confinement for more than a year in a state prison, by a fine of more than $1,000, or both- or even death. • Murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, perjury. • Misdemeanor- Less serious than a felony. Punishable by confinement in a county or city jail for up to one year and/or $1,000 or less fine.
White-collar crime- Offenses committed in the business world. • Not paying income taxes • stock fraud • using false weighing machines • conspiring to fix prices • false insurance claims • false advertising • Bribery • embezzlement • Why are white collar crimes typically dealt with more leniently?
Larceny- The wrongful taking of money or personal property belonging to someone else, with the intent to deprive the owner of it. • Receiving stolen property- Knowingly receiving or buying stolen property is illegal. • Forgery- Falsely making or materially altering a writing to defraud another
Bribery- Unlawfully offering or giving anything of value to influence performance of an official in the carrying out of his or her duties. • Extortion- Blackmail • Arson- The illegal and willful burning or exploding of a building.
4-2 Criminal Procedure • Probable cause- A police officer cannot search somebody’s property with a warrant unless they have a reasonable ground for belief that something illegal is going on. • Due Process…
Types of Defenses: • Defense- A legal position taken by an accused to defeat the charges against him or her. • Procedural defense- Based on problems with the way evidence is obtained or the way an accused person is arrested, questioned, tried, or punished. • Substantive defense- Tries to disprove, justify, or excuse the alleged crime. • Typically tries to discredit the facts
Self-defense- The use of the force that appears to be reasonably necessary to the victim to prevent death, serious bodily harm, rape, or kidnapping. • You may NOT use deadly force if non-deadly force appears reasonably sufficient. • ONLY non-deadly force may be used in order to protect or recover property.
Criminal insanity- When an accused person has a verifiable mental disease or defect prevents the person from knowing the difference between right and wrong. • Immunity- Freedom from prosecution even when one has committed the crime charged. • Contempt of court- An action that hinders the administration of justice • Plea bargain- When an accused person pleads guilty to a less serious charge in order for a more serious charge to get dropped.