Preliminary Crimes and Rights Flashcards

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.