Business Law Name
________________
I. Classifications of _______________
A. Who
is Who?
1. _____________
- The state or federal government representing the __________ at large.
2. _____________
- The party who ___________ the person of a crime (usually the government).
3. _______________
- The person accused of a crime.
B. ____________________
1. Def.
- A __________ crime punishable by _______________ or ____________.
2. Examples
a. ___________________
b. ___________________
c. ___________________
d. ___________________
e. ___________________
3. "_____________
Comprehensive __________ ____________ Act" defines __________ as "any
offense punishable by death or imprisonment for a term ______________ one
year."
4.
C. ____________________________
1. Def.
- A ______ ___________ crime with a less ______________ penalty.
2. Requires
a penalty such as a fine or imprisonment in a ___________ or _____________
jail.
3. Examples:
a. Driving an ________ without a license.
b. Lying about your ________ to purchase alcohol.
c. Leaving the _________ of an auto accident.
4. ____________ Misdemeanors or _________Offenses
a. Lesser ______________.
b. ____________ offenses & parking violations
II. Elements of a Crime
A. ______________Act (___st Main Element of a Crime)
1. Each
Statute defining an act must specifically _______________ the conduct that is
___________ by the ________________.
Example: "A Statute that
makes stealing a crime specifically ____________ the
wrongful taking of another person's personal property."
2. Some
Statutes make ___________ to _____ a crime.
Example: "A young man may
_______ to__________ for the draft after reaching his18th birthday."
3. An
act must involve ______________ conduct.
Example: "Reflexes, convulsions, or movements
during hypnosis are _____________ and _________ considered criminal
conduct."
4.
A person cannot be accused of a crime if that accusation is _____ on a
person's status or condition.
Example: "The government
could ______ make it a crime to be an ______________."
B. _____________
_________ of ________
(_____nd Major Element of a
Crime)
1. ____________
in the Statute that defines the crime.
2. A Statute defining ___________ forbids the ______________ taking
of a person's life. The required mental
state is an _______________.
3. In contrast, a Statute defining involuntary manslaughter outlaws
the ______________ taking of a person's life through ___________________.
C. _____________ (____rd Major Element of a Crime)
1. Motive
plays ___ part in ____________ criminal ______________.
2. Uncovering
a motive may __________ ___________ a list of _______________.
3. _________
of motive does ___ ___________criminal liability.
4. If
a person has _____________ the ____________ act with the ____________ _______of
mind, he or she is ____________ ___________.
III. Particular Crimes
A. Crimes
_____________ _______________
1. ______________
- the killing of ______ human being by _____________.
a. ______________Homicide - Takes place when a _________
__________ kills a criminal in the _______ of __________ or in self-defense or
when a soldier kills the enemy in battle.
b. ______________ Homicide - When someone is killed by
______________ and no one is at fault.
2. ______________________
a. Def. - The _____________ killing of
another human being with_____________
_______________________
(_____ ________).
b. _____________-Degree Murder
1) Also called ______________ murder.
2) Usually carries the _____________ penalty.
3) ________ or ___________ of the following
circumstances must ________________.
a) Killing with__________________
(__________ _______________).
b) Killing someone in a ____________ way (____________).
c) Killing someone ___________ ____________________ a __________
(such
as rape, robbery or kidnapping).
c. ________________-Degree Murder
1) ___________ of the above conditions apply.
2) ____ _____________ penalty.
3. _______________________
a. Def. - Unlawful ___________ of another human being _______
malice aforethought (evil intent).
b. There is ___ ________ __________.
c. _____________Manslaughter
1) One person __________, at the ________ the act is committed, to
_______ another but does so suddenly and as a result of _______ __________
___________.
2) The wrongdoer ________ have become very
__________before killing.
3) Example 1, pg. 24
d. __________________Manslaughter
1) When one person, while ______________ an
unlawful or reckless act, ______another.
2) There is ____ ___________ to kill.
3) Example 2, pg. 25
4. ______________
& ________________
a. ___________ - Unlawful ____________ of
another person.
1) Requires criminal ________ or reckless _________________.
2) Involves the ____________ use of a person's
hand, knife, or gun against another.
3) Also involved:
a) Giving ___________ or drugs to an unsuspecting victim.
b) _____________ in someone's face.
c) Siccing a ______ on someone.
d) Kissing someone who ____ _____want to be
kissed.
b. ___________________
1) Def. - An __________to commit ________.
2) Pointing or shooting a gun at someone; the
bullet ________the person is the ________.
c. Assault &
d. __________Assault & ____________Battery
1) Must be
committed: with a __________ weapon,
with the __________ to murder, with the intent to commit rape or with the
intent to commit robbery.
2) Usually _______________.
B. Sex
Offenses
1. _________
a. _________ of the
offender doesn't matter with ___________.
b. ___________Rape
- Applies to situations in which the victim is ______ ___________.
1) Ages vary from ________ to ________.
2) The __________ the victim the more severe the ____________ and
penalty.
3) ________ does _______matter!!!!
c. _________Rape/_________________ Rape
2. ___________
________________
a. Victims hurt ____________ and ____________.
b. Very _________ penalties, when the crime is
committed to a child _________the age of 13, punishment = ___________ ____
___________.
C. _____________
Against _______________
1. _____________________
a. Def. - The _______________ (opening) and _______________
of a dwelling house at night with the __________ to commit a ___________.
b. Now also includes, during the______ , entering a place that is
________ a dwelling house, and with the intent to commit a ________________
(new statutes).
c. If any part of the definition cannot be ________, the defendant
__________ be found guilty.
d. Example 3, pg. 26
2. ________________
(________________)
a. Def. - The unlawful ________and __________
away of _______________
property of another with the ____________to deprive the owner of its larceny
(shoplifting).
b. _____________Larceny
1) Usually a value of $________ or ________.
2) __________________
3) Punishment:
Imprisonment in jail for 1 year or less or by a fine of $300 or less.
c. _________________Larceny
1) Usually __________ than $______.
2) ___________________
3) Punishment:
Imprisonment in the state prison for 5 years or less, or by a fine for
$600 or less and imprisonment for 2 years or less.
3. ______________________
a. A form of _____________ (like larceny).
b. Def.
- The wrongful ____________ of another person's _____________ by an individual
who has been ________________with that property.
c. Example 4, pg. 27
4. _________________
a. Def. - The wrongful taking of someone else's personal
property accompanied by ___________ or ______________.
b. Robbery is taking from the ________ of a person (or from ______
to the body of a victim) using _________, violence or threats (unlike larceny).
c. Penalty: _____________armed, or unarmed, imprisonment in the
state prison for __________ or for any term of ______________.
d. Example 5, pg. 27
5. ____________________
a. Def. - The ___________ and malicious burning of a dwelling
house or other ______________.
b. Some part of the building must actually have been ____ ______ so
that it is _____________.
D. Crimes Against Business Interests
1. Larceny
by False Pretenses (____________)
a. Taking of someone's money or property by __________________
deceiving that person.
b. The false
statements must ___________ to ____________ the victim and the victim must
___________ upon them.
c. Often called a "_______" by a
"con artist."
d. Example 6, pg. 28
2. ____________________
a. The ________________ making or __________ of a document with the
_________ to defraud.
b. _____________ another person's name and ________________ to be
someone else.
c. The forged ____________ must also have some ___________ effect.
d. What legally _________ count:
"Signing someone else's name on a Will that __________ been
_____________."
3. Bribery
& Extortion
a. ____________- Paying or giving anything of ___________ to
___________ ___________ in order to ______________ their official activity.
1) A crime at __________ level of gov't.
2) Penalty: A fine less than
$20,000 or 3 times the amount of the bribe, whichever is greater) or
imprisonment for less than 15 years, or _____________.
3) Person ______the bribe will _____their job.
b. ______________ - The _________ taking of
money or a thing of _______by a public official.
1) The victim agrees to give up money or property______ ___ ______.
2) Example 7, pg. 29
4. _____________Crimes
- When new technology is developed the law must make certain ____________ to
accommodate the ________ technology.
IV. ______________ to Crimes
---------------------------------------------------------------------------------------------------
· Most common: "Failure of the prosecution to _____ one of the
needed elements."
· ____________ seen most often:
insanity, entrapment, self-defense, and defense of family members.
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A. ________________
1. Insanity
is recognized as a ___________ defense to criminal conduct.
2. A statute defines a crime in terms of the _____ and the
_____________ _____________ _________.
3. American
law states that persons __________ be held ________________ for their actions
if they do not _____________ what they are doing.
4. American
law believes that it _________ no practical ___________ to imprison someone who
really ought to be under the ________ of _________ health professionals.
5. Ancient
Hebrews, Greeks and Romans recognized that Insane people could not be held
responsible for actions they cannot ____________.
6. The
Oldest Legal Test of Insanity "________________ Rule" (1843
a. It must be ___________ that, at the _______ the crime was
___________, the defendant was suffering from a ___________disease.
b. The mental disease must be so __________ that he/she did ________
know the nature of the act and did not know that the act was __________.
c. This test is still used in about 2/5 of the states.
7. More
Modern ___________Test by ___________
a. ALI - _____________ ______ ______________
b. A person is ______ responsible if "as a result of _________
disease or _________ he/she lacks substantial __________ to appreciate the
criminality of his conduct or to conform his conduct to the requirements of
law."
c. About 3/5 of the states follow this test.
8. In
the beginning Ben believes that individuals found not guilty by reason of insanity
are released immediately.
a. Such people ___ _____ automatically go free.
b. They are ____________ to institutions and must undergo periodic
psychiatric exams.
c. Once they are found to be _________ they may be ____________.
1) Many people dislike this, how do you feel
about their release without serving prison time?
2) Several states have introduced the Guilty
but Mentally Ill Plea.
a) Defendants are ____________ to prison for a specified number of
years.
b) They are first institutionalized in a state hospital until cured
and then returned to ____________to serve their sentences.
B. ___________________
1. If
a ______ enforcement officer ___________ a law-abiding _________ to commit a
crime (defense).
2. The
person __________ the defense must know that the crime would _____ have been
committed had it not been for the ________________ of the officer.
3. A defendant who would have committed the crime even _____________
the involvement of the officer ______________ use this defense.
4. Example 8 - pg. 31
C. _________
________________
1. When
persons have good reason to believe that they are in ____________ of serious
injury or death, they can use ____________ to protect themselves.
2. When
using self-defense in a criminal case, the defendant must __________ that
he/she was not the one who _________ the altercation in the first place.
3. The
person _________ the defense of self-defense must not have used ________ force
than was necessary to stop the unprovoked attack.
D. Defense of
______________ Members
1. If a person uses __________ to ___________ a
family member who has been attacked, most states will _____ punish the rescuer.
2. The
rescuer must have ________ reason to believe that the victim was in __________
of severe bodily injury or even death.
3. The
rescuer need not ___________ if the attack on the family member takes place in
his or her own ________________.
4. Example
9, pg. 31
V. Sentencing (_____________________) Convicted
Criminals
A. __________________
1. The
____________of a specified amount of money as a _______________ for committing
a crime.
2. Frequently
used method when crime is considered a ______________ offense.
3. _____________
are also used as a form of punishment for serious crimes.
a. In many states even the crime of murder carries a possible
__________ along with other forms of punishment.
b. A judge will often ________ a fine against a convicted criminal
and __________ an
imprisonment penalty.
B. __________________
1. States
have _____________ ways of handling the question of imprisonment.
a. A judge may hand down ____________ or _________________ sentences
(minimum and maximum amount of time in jail).
b. The use of ___________ or _____________ sentencing means that the
Judge hands down an ___________ number of years that the convicted criminal
will have to spend in prison (offender will know __________ how long they will
be in prison).
c. Time may be lessened by __________ behavior.
1) Except when the statute under which the offender is sentenced
calls for a ___________________sentence.
2) A Mandatory Sentence requires that the
offender spend a ____________ amount of time in prison.
3) The Judge
would have ____ power to alter the time under a _____________ Sentence.
C. The
____________Penalty
1. _____
1972:
a. The
b. It also held that the ________ and __________ could not give out
the death penalty __________ they wished.
2. ___________
1972:
a. Many states _________ their death penalty laws.
b. The new laws provide for murder trials to go through ____________
phases.
3. The
3 Phases
a. Phase 1 - The _________ determines the guilt or innocence
of the person.
b. Phase 2 - If the person is found _________ the
________-sentence hearing takes __________.
1) Here the judge or jury ___________ to the lawyers' arguments and
___________ other evidence to help ____________ the punishment to be
given.
2) The states laws must _________ set forth factors to be considered
before __________ on the punishment.
c. Phase 3 - An _______________ to the state's
_____________court.
d. Only when these three phases are ___________, can the death
penalty be _____________.