Elements
An action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law.
What is a crime?
Is punishable by up to 364 days in jail
What is a misdemeanor?
searching in a space without legal cause or permission
What is an illegal search?
It is a written code defining a criminal act and providing the standard punishment for the crime.
What is a statute?
It is the burden of proof in a criminal case.
What is proof beyond a reasonable doubt?
Actus Reus
What is the voluntary act required to commit a crime?
It is punishable by a year or more in prison.
What is a felony?
An attempted punch to the face to inflict harm that misses
What is assault?
They vary from state to state.
What are state laws?
It is when a higher court reviews an adjudicated case
What is an appeal?
Mens Rea
What is the state of mind/intent required in the commission of a crime?
All of these are a homicide but not all homicides are these.
What is murder/manslaughter?
Someone held against their will and transported to another location
What is kidnapping?
They are different between the federal government and state governments
What are laws?
Stand by decisions
What is stare decisis?
Concurrence
What is the third element needed for a crime to have occurred?
Money paid to the court or state
What is a fine?
What is federal supremacy?
It protects free speech
What is the first amendment?
case law
What do judges use to interpret laws and applicability?
Criminal charges are brought by this
What is the state?
Getting out of prison early for good behavior
What is parole?
the right to remain silent
What is covered by the 5th amendment or Miranda Warnings?
It ensures people are treated equally under the law
What is the equal protection clause?
Guidelines for interpreting and applying statutes and administrative rules
What is the function of case law?