Criminal Law 1
What form of criminal law defines what types of conduct are criminal and prescribes the penalties to be imposed?
Substantive criminal law
A crime that carries a penalty of >1 year in prison and/or > $1k fine, death, or imprisonment for life is considered a:
Felony
For a search to reasonable under the 4th amendment it must be:
Based on probable cause and conducted pursuant to a warrant.
A landmark U.S. Supreme Court case involving an accused’s rights against self-incrimination is:
Miranda v Arizona
One of the key results of the 14th amendment is that it made the "bill of rights" applicable to the:
States
The form of law that defines the rules designed to implement the substantive law; concerned with the criminal process is:
Procedural criminal law
A crime that carries a penalty <1 year in jail and/or < $1k fine, or a crime other than a felony is a:
Misdemeanor
When an officer has knowledge of sufficient facts and circumstances as would lead a reasonable person to believe that evidence relating to criminal activity will be found in the location to be searched, he has:
Probable cause
One of the important guarantees provided by the 6th amendment is the accused’s:
Right to counsel
The affidavit (statement) made by officer, under oath, before a judge must present facts to establish _________ __________ that specific items of evidence are located at a specific location.
Probable cause
Harm, legality, actus reus, mens rea, causation, concurrence, and punishment are the:
7 Ideal Elements of Crime
Age, Duress, Insanity, Self-defense are considered:
Defenses for criminal reponsibility
The U.S. Supreme Court has ruled that evidence obtained via an unlawful search (in violation of 4th amendment) may not be admissible in court and cannot be used against the accused. This is widely known as the:
Exclusionary rule
Which US Supreme Court landmark case concerned a defendant's right to counsel (attorney)?
Escobedo v Illinois
The officer's affidavit may contain his/her _______-_______ observations.
First-hand
The term _____ ______ is Latin for “guilty act,” and refers to intentional criminal conduct, criminal negligent (reckless) action, or inaction that causes harm.
Actus reus
Definitions of crimes consist of a number of ____________ or components, all of which must be present to prove commission of the crime.
Elements
The US Supreme Court case that brought about the "exclusionary rule" is:
Mapp v Ohio
The _____ amendment provides that "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
8th
The officer's affidavit may contain information from other:
Officers
The term _______ ______ is Latin for “guilty mind,” and refers to the intention or knowledge of wrongdoing that constitutes part of a crime; the mental aspect of crime.
Mens rea
The set of rules governing the proceedings through which the government enforces substantive criminal law (due process) is known as:
Criminal procedure
The 5th amendment provides protections to those accused of crimes in several ways. One of the ways the 5th amendment protects someone accused of crime is by:
Protecting the accused from being required to say anything that could be incriminating.
When no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty is referred to as beyond a:
Reasonable doubt
The officer's affidavit may contain information from reliable:
Informants