Preliminary Crimes and Rights Flashcards
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Questions and Answers

What are preliminary crimes?

Types of behavior that take place before the commission of a crime but are nevertheless complete crimes in themselves.

What is solicitation?

A preliminary crime where you ask, command, urge, or advise another person to commit a crime.

What does conspiracy involve?

Being part of planning a crime.

What constitutes an attempt to commit a crime?

<p>Taking some substantial step toward committing the crime.</p> Signup and view all the answers

What is embezzlement?

<p>The taking of money or property by a person who has been entrusted with that money or property.</p> Signup and view all the answers

What does larceny involve?

<p>Taking with the intent of depriving a person of money or property.</p> Signup and view all the answers

What is ID theft?

<p>When someone uses someone else's personal information to open accounts like charge cards or loans.</p> Signup and view all the answers

What is interrogation in the context of crime?

<p>The questioning of suspects of crimes that often leads to confessions.</p> Signup and view all the answers

What is self-incrimination?

<p>The right not to answer questions that would incriminate oneself.</p> Signup and view all the answers

What does the 5th Amendment provide?

<p>The privilege against self-incrimination, allowing a suspect to remain silent.</p> Signup and view all the answers

What is guaranteed by the 6th Amendment?

<p>The right to have the assistance of an attorney.</p> Signup and view all the answers

What does the 4th Amendment protect against?

<p>Illegal search and seizure.</p> Signup and view all the answers

What are Miranda warnings?

<p>Warnings required to be read to individuals accused of a crime before questioning.</p> Signup and view all the answers

What is involved in the booking process?

<p>The police record the arrest, including fingerprinting and photographing the suspect.</p> Signup and view all the answers

What is an initial appearance in court?

<p>A hearing where the accused appears before a judge shortly after arrest.</p> Signup and view all the answers

What does the 8th Amendment state?

<p>Excessive bail shall not be required.</p> Signup and view all the answers

What is bail?

<p>Money put up by the defendant to assure the court of their return for trial.</p> Signup and view all the answers

What is the purpose of a grand jury?

<p>To determine if there is sufficient cause to believe that a person has committed a crime.</p> Signup and view all the answers

What is a preliminary hearing?

<p>A screening device to determine if there is enough evidence for a case.</p> Signup and view all the answers

What does probable cause mean?

<p>A reason to believe that an offense has been committed.</p> Signup and view all the answers

Study Notes

Preliminary Crimes

  • Types of behaviors occurring before a crime that qualify as completed offenses.

Solicitation

  • Encouraging or urging another to commit a crime, e.g., asking someone to kill.

Conspiracy

  • Involvement in planning a crime with one or more individuals.

Attempt

  • Taking substantial steps toward committing a crime counts as an offense, even if the crime is not completed (e.g., attempted robbery).

Embezzlement

  • Theft of money or property by a person trusted with it, such as a bank teller pilfering funds.

Larceny

  • The act of taking someone’s money or property with the intent to permanently deprive them of it.

Identity Theft

  • The unauthorized use of another person's personal information to open accounts; commonly involves stolen Social Security numbers and is pursued primarily for significant losses over $50,000.

Interrogation

  • The process of questioning crime suspects to elicit confessions, which may be used in court.

Self-Incrimination

  • Constitutional right preventing individuals from answering questions that might incriminate them.

5th Amendment

  • Protects individuals from being forced to testify against themselves; provides the right to remain silent.

6th Amendment

  • Guarantees the right to legal counsel; confessions obtained after requesting an attorney without providing one are inadmissible.

4th Amendment

  • Protects citizens from unlawful searches and seizures by authorities.

Miranda Warnings

  • Required by police to inform suspects of their rights before interrogation; failure to do so nullifies statements made during questioning.

Booking

  • The process where police document the arrest, including fingerprints, photographs, and samples for further analysis.

Initial Appearance

  • A prompt hearing where a defendant learns their rights, charges, and can request an attorney; bail considerations occur at this stage.

8th Amendment

  • Prohibits excessive bail requirements in criminal proceedings.

Bail

  • The financial assurance by a defendant for their return to court; a constitutional right, excluding murder cases.

Grand Jury

  • A panel of 16-23 jurors assessing if sufficient evidence exists to charge someone with a crime.

Preliminary Hearing

  • A procedure to evaluate if enough evidence supports a case against the accused; it does not determine guilt.

Probable Cause

  • A legal standard requiring reasonable belief that an offense has been committed before pursuing charges.

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Description

Explore the concepts of preliminary crimes and the rights associated with them through these informative flashcards. Each card defines key terms and clarifies their implications in the legal context. Perfect for law students or anyone interested in understanding criminal law basics.

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