Key Terms
BEYOND A REASONABLE DOUBT
Evidence must be so compelling that no reasonable doubt exists as to the defendant's guilt. Think of it as approximately
PREPONDERANCE OF THE EVIDENCE
The evidence supporting the plaintiff's case is greater than the evidence against it. Think of it as 51% in favor of the
PROBABLE CAUSE
Facts and circumstances that would lead a reasonable person to believe the item sought is contraband, stolen, or evidenc
Purpose
Deter governmental misconduct during criminal investigations. If illegal evidence cannot be used in court, law enforceme
EXCEPTION TO THE EXCLUSIONARY RULE
Good faith. If law enforcement acted in good faith (not intentionally overstepping), evidence may still be admissible.
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.
PURPOSE
Ensure people understand their constitutional rights so they make informed decisions about whether to speak with law enf
ENTRAPMENT
Defense where criminal intent originated with police, not the defendant.
When entrapment does NOT apply
Police give a known drug dealer the opportunity to sell drugs to an undercover agent. The dealer already had the intent;
When entrapment DOES apply
Police repeatedly pressure a person with no criminal history until that person finally commits the act. The intent origi
FRAUD
Use of deception to acquire money or property.
SECURITIES FRAUD
Deceptive circumvention of SEC regulations to acquire money or property.
FINANCIAL INSTITUTION FRAUD
Fraud against banks or similar institutions; investigated by the IRS.
EMBEZZLEMENT
Taking property that was lawfully in your possession and converting it to your own use.
LARCENY
Trespassory taking of property with intent to permanently deprive the owner; possession was never lawful.