The accused must be notified of their rights before being questioned by the police ""PROSECUTION V. DEFENSE
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what is the difference between finding a defendant "guilty but mentally ill" and "not guilty by reason of insanity"?
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Guilty but Mentally Ill is another plea option. It is different than the standard insanity defense as it is not a defense to the crime; the defendant is still found guilty and can be imprisoned.
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white collar crime
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Nonviolent crime committed by individuals or corporations to obtain a personal or business advantage.
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first degree murder
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crimes in which the offender planned to kill another person and then carried out the act death penalty
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3 stages of death penalty
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i. trail - guilty or innocent
ii. presenecting hearing- determine punishment
iii.Appeal - appealed to the highest state court - death penalty is applied
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larceny
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theft of personal property
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what does a motive help to create?
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Helps to create a list of suspects
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aggravated assault and battery
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assault or battery with intent to murder, rob, rape, or do serious bodily harm
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immunity
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allows accused to avoid prosecution for criminal offense
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extortion
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the practice of obtaining something, especially money, through force or threats
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plea bargain
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(criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge
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what is the difference between a felony and misdemeanor?
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Felony is a serious crime, such as murder or car theft. A misdemeanor is a less serious crime, such as public disturbance
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list the substantive defense
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Disprove, Justify, or excuse the alleged crime.
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Define white collar crime
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An illegal act committed by non-physical means to obtain money or property or to obtain business or personal advantage.
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procedural defense
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the way evidence is obtained, the accused person is questioned
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forgery
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falsely making or materially altering a writing to defraud another
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manslaughter
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the killing of another person with malice or intent
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conspiracy
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a secret plan by a group to do something unlawful or harmful
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perjury
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lying under oath
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what is standard of proof in a criminal case ?
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beyond a reasonable doubt
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robbery
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the unlawful taking of property from a person's immediate possession by force or intimidation
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Explain Vicarious Liability.
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The employer is responsible for the negligent acts of its employees which are comitted within the course and scope of their employment. (ie. hospital is responsible for its employees and their conduct)
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infraction- if u wantt to fight an infraction in court,will you be granted a trail by jury?