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Criminal Law
Exam 3
80
Criminal Justice
Undergraduate 4
04/07/2011

Additional Criminal Justice Flashcards

 


 

Cards

Term
Theft
Definition
A broad category of misconduct against property that includes the crimes of larceny, embezzlement, theft bu false pretenses, shoplifting, robbery, and receiving stolen goods.
Term
Grand Theft
Definition
The Felonious taking of property valued above a set monetary amount, or the theft of a motor vehicle. More serious than petty or petti theft.
Term
Petit or Petty theft
Definition
The misdemeanor taking of property under a set monetary amount. Less serious than grand theft.
Term
Larceny
Definition
The taking and carrying away of property of another, without consent, with the purpose of stealing or permanently depriving the owner of possession.
Term
Larceny from a person
Definition
Statutory offense of taking property from the person of another; the penalty is usually greater than that for simple larceny.
Term
Shoplifting
Definition
A crime defined by a specific theft statute to address thefts of merchandise concealment of merchandise altering of price tags, and retail theft.
Term
Abandoned property
Definition
Property over which a person voluntarily gives up permanent possession or ownership
Term
Embezzlement
Definition
The unlawful taking or misuse of property by persons, typically employees, who lawfully come into possession of the property and therefore do not meet the theft or larceny requirement of wrongfully obtaining the property
Term
Misappropriation
Definition
The wrongful misuse or taking of another's property that had been entruseted to the accused.
Term
False Pretenses
Definition
A crime in which title or ownership of the property is passed to the defendant's misrepresentation
Term
Receiving
Definition
Acquiring possession, control, or title, or lending on the security of, property that had been stolen
Term
Constructive Possession
Definition
A relationship between the defendant and the stolen good such that it is reasonable to treat the extent of the defendant's dominion and control over the property as if it were actual possession.
Term
Extortion
Definition
The gaining og property by threat of physical harm to a person or property by a public offical under color of his or her office.
Term
Under Color of Authority or Office
Definition
The requirment at comon law for the crime of extortion that the action taken by the perpetrator be in his or her capcity as a public offical.
Term
Blackmail
Definition
A threat by a private citizen seeking hush money, or payment to remain silent about a crime or shameful act.
Term
Bribery
Definition
Payment by a person to a public official in order to gain an advantage that the person is not otherwise entitled to;both parties are guility of the crime.
Term
Forgery
Definition
Making or altering a writing, with the purpose of deceiving or injuring, in such a way was to convey a flase impression concerning its authentity.
Term
Uttering
Definition
Presenting a forgoed writing and attempting to use it to decieve or cheat
Term
Fraudulent Making
Definition
Creating a document that is not authentic
Term
Common Law Arson
Definition
The malicious and willful burning of another's house
Term
Curtilage
Definition
The land immediately surrounding and associated with the home, including such structures as a barn, outhous, or milk house
Term
Willfulness
Definition
The voluntary, intentional nature of a crime; required as a separtae element of arson
Term
Modern Arson
Definition
The malicious, willful burning of, or attempted burning of, one's own or another person's property
Term
Common Law Burglary
Definition
Breaking and entering, in the nighttime, of the mansion or dwelling house or curtilage of another, with the intent to commit a felony
Term
Modern Burglary
Definition
Entering, whether in the daytime or at night, of any building, sturcture or vehicle, with the intent to commit any criminal offense.
Term
Inner Door
Definition
A door inside a building that does not lead directly to the outside
Term
Constructive Entry
Definition
An entry effected by using an instrumentality, such as another person, an animal, or a physical object
Term
Nighttime
Definition
At common law, the period between sunset and sunrise when there is not enough daylight to discern a man's face.
Term
Sleep Test
Definition
Whether the dwelling is used regularly as a place to sleep determines whether a dwelling is occupied.
Term
Breaking and entering
Definition
Unlawful forced entery; similar to burglary, but without the specific intent to commit a theft or felony inside the structure.
Term
Simple Burglary
Definition
The unauthorize entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, with the intent to commit a felony or any theft therein.
Term
Aggravated Burglary
Definition
Simple burglary with the added elements of entering an inhabited dewlling, or any structure or vehicle, while armed with a dangerous weapon, or bu committing a battery after or upon the entry.
Term
Burglar's Tools
Definition
Tools and instruments that are designed adapted, or commonly used to commit burglaries.
Term
Motor Vehicle
Definition
A vehicle proceeding on land of irs own power plant and free of rails, tracks, or overhead wires.
Term
Joyriding
Definition
The illegal driving of osmeone else's automobile without permission, but with no intent to deprive the owner of it permanently.
Term
White-Collar Crime
Definition
A broad caregory of nonviolent misconduct inbolbing commercial and financial fraud.
Term
Tax Evasion
Definition
The willful attempt to avoid paying legally due taces; a specific intent crime. Also called tax fraud
Term
Mail Fraud
Definition
A form of fraud that uses a mail service to disseminate materials that deceive people
Term
Intangible Rights Theory
Definition
A type of prosecution under mail fraud that was primarily used to protect citizens from dishonest public offcials.
Term
Secutities Fraud
Definition
A criminal, civil, or administrative offense with the following elements: substantive fraud that is found in the offer, purchase, or sale of security or in connection therewith; the use of interstate commerce or the mails; and willfulness
Term
Insider Trading
Definition
A type of substantive fraud that involves the purchase and sale of securities based on material, nonpublic information.
Term
Parking
Definition
Any sale of securities that are purchased with the understanding that they will be repurchased by the seller at a later time, to manipulate stock prices or avoid reporting requirments.
Term
Churning
Definition
When a stockbroker excessively purchases and sells securities for a client without regard or concern for the client's investment objectives but rather to advance the stockbroker's own interests, usually by generating commissions.
Term
Adulteration
Definition
When the ingredients of a food, drug, cosmetic or decice are poisonous, filthy, putrid, otherwise unsanitary, or have been contaminated.
Term
Misbranding
Definition
Any branding of a food, drug, cosmetic, or device that includes the use of fase or misleading information, labels, packinging, or containers.
Term
Antitrust Laws
Definition
Laws that protect trade and commerce from restraints, monopolies, price-fixing, and price discrimination, to ensure and preserve a competitive economy.
Term
Horizontal Price-Fixing
Definition
Direct or indirect agreements made between market participants at the same level within a given market, regarding the prices they will charge for a similar product they both sell.
Term
Vertical Price-Fixing
Definition
Direct or indirect agreements made between market participants at different levels within a given market, regarding the price at which their product will be resold.
Term
Tying Arrangement
Definition
An agreement that a purchaser must buy additional (or tied) products along with the one product that he or she desires; at the very least, the purchaser must agree to not buy this tied product from any other supplier.
Term
Monopolize
Definition
To jointly acquire and maintain the power to control and dominate interstate trade and commerce in a commodity sufficient to exclude actual or potential competitors from the field.
Term
Attempt to Monoplize
Definition
Engaging in behvior and business practives that, if successful, would create a monopoly and that come close enough to so doing to create a dangerous probability that is would have occured.
Term
Public Order and Safety Offenses
Definition
Offenses designed to protect the general public by dealing with behavior that is not necessarily immoral, but nonetheless affects the peace and safety of the community.
Term
Mala Prohibita
Definition
Crimes defining conduct that is wrong only because the law says it is wrong, in order to protect the general public.
Term
Mala in se
Definition
Crimes (such as rape and murder) that are inherently wrong
Term
Unlawful assembly
Definition
A gathering together of three or more persons with the common intent to achieve a lawful or unlawful purpose in a tumultuous manner.
Term
Rout
Definition
An unlawful assembly that is esclating toward, but does not reach, the level of a riot; an attemted riot.
Term
Riot
Definition
A tumultuous disturbance of the peace by three or more persons assembling together in the execution of a lawful or unlawful act and committing it in a violent and turbulent manner
Term
Disorderly Conduct
Definition
A loosely defined offense addressing behavior that disturbs the safety, health, or morals of others, or that is intended only to annoy anohter person.
Term
Vagrancy
Definition
A crime that is vaguely defined as being idle or wandering without visible means of support; no longer a crime in most jurisdictions because of the unconstitutionality of past vagrancy laws.
Term
Nuisance
Definition
Anything that endangers life or health, gives offense to the sense, violates laws of decency, or obstructs the resonable and comfortable use of property.
Term
Abatement
Definition
The ending or eliminating of a nuisance.
Term
Reckless driving
Definition
Driving with voluntary and wanton disregard for the safety of persons or property
Term
Driving Under the Influence
Definition
Operating a motor vehicle while under the influence of a substance or with a blood or breath alcohol concentration about a prohibited level.
Term
DUI manslaughter
Definition
Causing the death of a human being by reason of operation of a motor vehicle while under the influence of alcohol or drugs.
Term
Firearm
Definition
Any weapon that can, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer.
Term
Assauly Weapon
Definition
One of the prohibited weapons named by federal legislation, such as rifles with conspicuous pistol grips, pistols with shrouds, and shotguns with a higher ammunition capacity.
Term
Obscenity
Definition
Sexually explicit material that falls outside the protection of the first amendment and therefore ma be punished under a criminal statue.
Term
Indecent Exposure
Definition
An offensive display of one's body in public, especially the genitals or the female breasts.
Term
Exhibitionism
Definition
Repeated intentional acts of exposing the genitals to an unsuspecting stranger for the purpose of achieving sexual excitement.
Term
Prostitution
Definition
A crime that is committed when one person agrees to engage in sexual or deviate sexual intercourse in return for something of value, usually money.
Term
Mann Act
Definition
A federal act that prohibits the knowing transportation in interstate or foreign commerce of any individual, male or female, with the intent that such individual engage in prostitution or in any sexual activity
Term
Solicitation
Definition
The act of offering to pay another, or receive payment from another, for sex.
Term
Pimping
Definition
Promoting prostitution, living off of the earnings of prostitutes, and in some case coercing individuals to work as prostitutes.
Term
Pandering
Definition
Either procuring a prostitute for a place of prostitution or procuring a place for a prostitute to engage in prostitution
Term
Adultery
Definition
Sexual relations with someone other than a spouse when the person is married.
Term
Fornication
Definition
Voluntary, unlawful sexual intercourse under circumstance not constituting adultery
Term
Sodomy
Definition
The unlawful sexual penetration of the anus of one person by the penis of another.
Term
Gambling
Definition
The act of staking or risking something of value on the outcome of a contest of chance, or on a future event of chance that is not under the gambler's control or influence.
Term
Thief
Definition
The orginal unlawful taker of the property of another person.
Term
Tax Deficiency
Definition
When the proper amount of tax be paid is greater than the amount shown on a taxpayer's tax return.
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