Key Terms
External threats
Property damage, theft, shoplifting, corporate espionage, fraud, arson. Internal threats: embezzlement, computer crimes,
Example
An accountant who thinks about stealing but takes no action has NOT committed a crime. An accountant who accidentally tr
CRIMINAL
Beyond a reasonable doubt.
CIVIL
Preponderance of the evidence.
Presumption of innocence
The defendant is presumed innocent unless proven guilty. The government must prove the case before punishment can be imp
Acquittal
If the government cannot prove its case, the defendant is released and cannot be tried for that crime again.
Double jeopardy
A person cannot be tried twice for the same offense by the same governmental body. Guaranteed by the Fifth Amendment.
Civil case
Notice and an opportunity to be heard (e.g., a letter and a written appeal). Criminal case: Higher requirements.
Probable cause
When the known facts and circumstances would lead a reasonable person to believe that the item sought is contraband, sto
Purpose
Ensures people understand their constitutional rights and can make informed decisions about whether to speak with law en
Exception - Good Faith
If law enforcement acted in good faith (believing their actions were lawful), the exclusionary rule does not apply. The
Standard Miranda warning
"You have the right to remain silent. Anything that you say can and will be used against you in a court of law.
Definition
Taking property that was lawfully in one's possession and converting it to personal use.
No entrapment
Police provide an existing drug dealer with an opportunity to sell to an undercover officer. The dealer already had the
Entrapment
Police knock on the door of someone not known to be a drug dealer and persistently demand drugs until the person gives i