ACC 205 Lecture Notes - Lecture 16: Miranda Warning, Money Laundering, Exclusionary Rule
Document Summary
The government, through a prosecutor always brings the criminal case. The objective is punishment, in the form of criminal fine and/or imprisonment. Numerous constitutional safeguards for the criminal defendant. The party filing the case the plaintiff can be individual, business, or government entity. The objective is to remedy a wrong done to the plaintiff, so the defendant will either have to pay money damages, or be subject to an equitable remedy. Can be prosecuted for committing a crime and be sued by a victim for a tort for the same actions. Paternity, contested probate, juvenile delinquency, involuntary commitment. Mens reas wrongful state of mind, such as purpose, knowledge, recklessness or negligence (guilty mind) Crimes that do not require a mens rea are known as strict liability crimes. Murder, assault, battery, secual assault, robbery, aggravated robbery. Theft (larceny), criminal damage, trespass, burglary, obtaining goods by fraud, arson, receiving stolen property.
