Critical Thinking –Chapter #19
Assignment #2

7/25/2010

1. Describe a crime. Who are the parties to a criminal action?

A crime is any act done by a person in violation of those duties that he or she owes to society and for the breach of which the law provides a penalty. The parties in a criminal action are the plaintiff which is the government represented by the prosecuting attorney and the defendant who is the person or business accused of the crime.

3. Describe the difference between the following classifications of crimes: felonies, misdemeanors and violations.

Felonies are the most serious of crimes, usually punishable by imprisonment, whereas misdemeanors are less serious crimes that are punishable by fines or less than 1 year in prison. Violations are not felonies or misdemeanors and the penalty is usually a fine.

4. Define Actus Reus? Define Mens Rea. What is a non-intent crime? Give an example.

Actus Reus- guilty act
Mens Rea- state of mind, evil intent

A non-intent crime is a crime that imposes criminal liability without finding intent or mens rea. A death of a pedestrian due to a person’s reckless driving would be considered a non-intent crime. They could be found guilty of involuntary manslaughter and sentenced to prison.

5. What is the difference between criminal and civil law? What is the jury vote required for each? What is the standard of proof for each?

Civil Law- Action is brought by a Plaintiff, trial by jury, except in actions of equity, a preponderance of the evidence (Burden of Proof) is 51%-49%, and a jury vote for the plaintiff requires 9 of the 12 jurors. Usually awarded monetary damages, or equitable remedies.

Criminal Law- Action is brought by the Government, trial by jury, Burden of proof –Beyond a reasonable doubt 99.99%, jury votes has to be unanimous for conviction, and punishment is by imprisonment, capital punishment, a fine or probation.

6. Define and explain the following: Indictment, information, arraignment and plea bargain. An indictment is issued by a Grand Jury whereas information is issued by a judge. These are used to formally charge the accused with specific crimes. An arraignment is the process where the accused is informed of the charges against them and they enter a plea in court. A plea bargain is an agreement between the government and the accused were they negotiate for the accused to agree to admit to a less crime than charged.

7. Define the following common crimes: Robbery, burglary, larceny and receiving stolen property.

Robbery is the taking personal property from another by force or fear. Burglary is the unauthorized entering of a building to commit a felony. Larceny is the wrongful taking of another’s property other than from his/her person or building. Receiving stolen goods is a person knowingly receiving stolen property with the intent to deprive the rightful owner of that property.

8. Define the following crimes: Forgery, extortion, bribery and embezzlement

Forgery is the fraudulent making or altering of a written document that affects the legal liability of another person. Extortion is the threat to expose something about another person unless they give up money or property. Bribery is the offer of payment of money or property or something of value in return of an unwarranted favor.

14. Explain the following inchoate crimes: Criminal conspiracy, attempt to commit a crime and aiding and abetting a crime.

Criminal conspiracy is when 2 or more persons enter into an agreement to commit a crime and an overt act is taken to further the crime. Attempt to commit a crime is when you attempt to commit the crime but was not successful; you are still guilty of a crime. Aiding and abetting a crime is rendering support, assistance or encouragement to the commission of a crime or knowingly harboring a criminal after the commission of a crime.

16. What does the 4th Amendment’s protection against unreasonable search and seizure provide? What is required for there to be an unreasonable search and seizure? What is a search warrant? What is unreasonable search and seizure? Explain the exclusionary rule.

Criminal Procedure- 4th amendment-protects against unreasonable search and seizure; No search or arrest w/o a warrant. A warrantless search can be permitted only: incident to an arrest, where evidence in plain view or where it is likely evidence will be destroyed. A search warrant is issued to stipulate the place and scope of a search. Unreasonable search and seizure is any search and seizure by the government that violates the fourth amendment.
Exclusionary rule- any evidence obtained illegally will be excluded and any subsequent evidence found based upon the illegal search will be excluded known as “Fruit from Poisonous Tree”

17. What does the 5th Amendment privilege against self-incrimination provide? Describe the “Miranda” rights. Describe the attorney-client privilege. What is immunity from prosecution?

The 5th amendment protects an accused from become a witness against themselves or saying anything that could incriminate themselves; it is referred to as “pleading the 5th”.

Miranda Rules-right to remain silent, police prior to questioning must provide the detainee his/her Miranda warning. I. Anything you say may be held against you in the court of law II. You have a right to an attorney; if you can not afford one the state will appoint one. III. Do you understand these rights?

Attorney-Client privilege is when an accused’s lawyer cannot be called as a witness against the accused to divulge anything told to the lawyer by the accused.

Immunity from prosecution is granted by the government to obtain otherwise privileged evidence, and government agrees to not use the evidence against the person who provided it.

18. Explain the 5th Amendment’s protection against double jeopardy.

Double jeopardy protects a person from being tried twice by the same jurisdiction for the same crime, however if the act violates the paws of two or more jurisdictions, the accused can be tried by each jurisdiction.

19. Explain the 6th Amendment’s right to a public jury trial.

The 6th amendment affords the following right to a criminal defendant: the right to be tried by an impartial jury, to be able to confront a witness, to have the assistance of a lawyer, and the right to a speedy trial.

20. Explain the 8th Amendment’s protection against cruel and unusual punishment.

The 8th amendment protects criminal defendants from cruel and unusual punishment, however capital punishment is permitted.