The Constitution
What are the first ten Amendments to the U.S. Constitution called?
The Bill of Rights
Name the Elements of a Crime
Act; Mental state; Concurrence; Causation
What does O.R.C. stand for?
Ohio Revised Code
What is men rea?
Mental state needed for commission of a crime
Bob hits Tom in the face with a rock causing Tom's lip to bleed.
What is the "act" in this scenario
Throwing of the rock
Name the Rights enumerated in the First Amendment
Speech, Assembly, Religion, Press
Name the 4 mental states
Purposefully; Knowingly; Recklessly; Negligently
What is the O.R.C.
The compilation of all permanent laws and general provisions in force in Ohio
List the mental states in order from lowest to highest.
Negligently; Recklessly; Knowingly; Purposefully
What is a Complaint?
Written statement of the essential facts constituting the offense charged.
What does the 4th Amendment Protect?
Right of the people to be secure against unlawful searches and seizures
What is Strict liability?
No mental state is needed to be guilty of the crime; commission of the prohibited act is sufficient.
Explain the difference between Title; Chapter; and Sections with regards to the ORC
Titles: General Groupings
Chapters: Titles are broken down into chapters with individual topics of law
Sections: Chapters are further divided into sections that contain the text of the individual statute
Explain the difference between Knowingly and Purposefully.
A person acts knowingly when they are aware that their conduct will probably cause a certain result
A person acts purposefully when it is their specific intention to cause a certain result.
What is the highest Court in Ohio
Ohio Supreme Court
Courts interpret the Constitution giving us "Case Law" what is Case Law?
Binding/Mandatory legal precedent that lower courts in the jurisdiction must follow. OR Persuasive authority that is not binding on lower courts. OR Legal Precedent
Name the Relevant Standards of Proof
Reasonable Suspicion; Probable Cause; Proof Beyond a Reasonable Doubt
What is the correct Code section for Domestic Violence
2919.25
What are the 2 possible mental states for a charge of Domestic Violence?
Knowingly and Recklessly
What does concurrence mean?
In order for an action to become a crime the specific act and mental state must occur at the same time.
What Amendment protects against cruel and unusual punishment?
The 8th Amendment
Explain the difference between Reasonable Suspicion and Probable Cause
Reasonable Suspicion must be based on objective articulable facts.
Probable Cause exists when a reasonable officer would believe that the person to be arrested has committed the crime or the place to be searched contains evidence of a crime.
What does Title 45 of the O.R.C. cover?
Motor Vehicles- Aeronautics- Watercraft
What is the mental state for a crime when it is not specifically enumerated in the code section?
Strict Liability.
Susan and Fred are hanging out by the library when Susan suggests that instead of returning their books they should just burn them instead. Fred sees a lighter in a car parked in the parking lot, he breaks out the window and grabs the lighter. Susan siphons gas from the car to pour on the books. Fred then lights the books on fire leaving them burning in the parking lot.
Name the crimes in the above fact pattern.
Arson
Criminal damaging
Theft
Littering