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Definition
| In 1968, the Supreme Court decided Terry vs. Ohio which carved out an exception to bothe the warrant and probable cause |
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| Court order issued by a judge authorizing a search, arrest, or a seizure of evidence |
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| any governmental intrusion into something in which a person has a reasonable expectation of privacy |
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| any taking into possession, custody, or control |
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Definition
right of the people to be secure in their persons, homes, papers, and effects against unreasonable searches and seizures shall not be violated.
(Protects citizens from actions by gov. officials) |
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| Evidence that an independent, cautious person would have good reason to believe |
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| a judicial rule that prevents the government from introducing illegally obtained evidence at a criminal trial |
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| the rules for processing someone through the criminal justice system |
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Definition
| no one can be forced to testify against themselves: protects a person from self- incrimination |
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A second prosecution for the same offense after acquittal or conviction or multiple punishments for same offense
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Definition
| Defines which acts are legal and illegal |
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Term
| 2 conflicting goals of the justice system |
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Definition
a. protect society from criminals
b. protect right of those being processed through the system |
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Term
| Time frame for executing a warrant |
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Definition
| within 72 or 96 hours, depending on the state |
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Definition
| Police in hot pursuit of a criminal do not need a warrant to enter a place where they saw the suspect go. |
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Definition
| Laid down clearer guidelines for police and courts to follow with regard questioning and confessions |
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Term
| Sources of Criminal procedure |
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Definition
1. Federal statues and state
2. State and federal constitutions
3. Cour of Appeals (Appellate Court) desicions |
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Term
| 3 areas that don't fall under search |
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Definition
1. Plain view- officer is in place and spot and sees something in plain sight, it can be confiscated
2. Open Field- property away from residents
3. Abandoned property- discarded or left. including trash that has been put to the curb for pick up |
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Term
| Instead of probable cause, what is requred for stop and frisk |
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Definition
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| where can the officer search under stop and frisk? |
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Definition
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| what can the officers search for under stop and frisk |
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Definition
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Term
| what can an officer not do |
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Definition
| they can't feel around multiple times. Only a once over pat down |
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Term
| what does "consent" involve? |
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Definition
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| when can another person give consent for an officer to search your property |
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Definition
| when they jointly own or share property |
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Term
| whare are three other situations which do not require warrants? |
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Definition
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Term
| what four things are said when a person is read their rights? |
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Definition
1. you have the right to remain silent
2. anything you say can and will be held against you
3. you have the right to an attorney
4. if you cannot afford an attorney, one will be appointed to you |
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| How do civil criminal cases differ from civil cases? |
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Definition
Civil: individuals sue one another seeking compensation for injuries done to them
Criminal: state prosecutes individuals for injuring society |
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Term
| 2 major sources of criminal law |
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Definition
1. common law
2. laws passed by legislature |
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| primary source of law today |
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Definition
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Term
| 2 classifications of crime |
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Definition
a. felonies
b. misdemeanors |
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Term
| a crime punishable by death or imprisonment in a prison |
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Definition
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| 2 other classifications of crime: |
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Definition
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Term
| difference between violence and property |
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Definition
violent uses threat
property involves stealing |
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Term
| 9 examples of law felonies |
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Definition
1. murder
2. manslaughter
3. rap
4. mayhem
5. robbery
6. arson
7. burglary
8. larceny
9. sodumy |
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Term
| 4 basic elements that make up every crime |
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Definition
1. prohibited out
2. criminal intent
3. concurrence of the act and the intent
4. causation |
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Term
| 4 basic types of intent know as mens rea |
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Definition
1. specific intent- intended the result to happen
2. general intent- knew result would happen
3. criminal negligence- does an act unintentionally but with extreme lack of care
4. strict intent- no mental state required at all |
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Definition
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| two types of malic aforethought |
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Definition
actual- death was cautiously meant
implied- bodily harm was intended or known act wouldv'e resulted in death or bodily harm |
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| malice aforthough intention of killing |
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Definition
| malice aforethough not deliberate |
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Definition
| without malice aforethought |
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Definition
| unintended killing taking place during a misdemeanor |
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Definition
| taking property without permission |
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Definition
| property stolen worth over 500$ |
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Definition
| property stolen worth below 500$ |
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Definition
| entering a house to steal something |
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| taking property that has been entrusted to you |
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| knowingly misrepresenting a fact |
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Definition
| making a threat to get property |
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| receiving stolen property |
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Definition
| taking stolen property from stealer |
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Definition
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Definition
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| bright, articulate people, clever actors, patient group workers |
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Definition
| an innocent bystander who begins the process of drawing a victim |
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Definition
| pretend to be innocent, like a shill |
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Definition
| victims desire to get something for nothing |
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| best advice with regard to avoid becoming a victim on con artist |
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Definition
| if its too good to be true, it almost certaintly is |
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| phony prize or sweepstakes offers |
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Definition
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| what are crimes against the person |
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Definition
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| who is a most likely victim of violent crime |
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Definition
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| least likely of a violent crime |
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Definition
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Term
| what are crimes against property |
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Definition
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| how do property crimes differ from violent crimes |
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Definition
| property doesn't use violence |
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