Fill in the Blank
A crime that carries a penalty of >1 year in prison and/or > $1k fine, death, or imprisonment for life is considered a ________
Felony
The term used in court to call the courts attention to improper testimony or evidence.
What is an objection?
A defense based on a fact or set of facts other than those alleged by the prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
What is an affirmative defense?
The Constitutional Amendment that bars "cruel and unusual punishments".
What is the Eighth Amendment?
Definitions of crimes consist of a number of ____________ or components, all of which must be present to prove commission of the crime.
Elements
Allows a defendant to be charged with murder for a killing that occurs during a dangerous felony, even if they are not the killer
Can be successfully claimed if defendant can demonstrate that they used force to repel an imminent, unprovoked attack, in which they reasonably believed they were about to be seriously injured or killed.
What is self-defense?
Part of the bill of rights that protects from unreasonable searches and seizures
What is the 4th amendment?
Miranda is preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of their Fifth Amendment right against compelled _____ ________
All of these are a homicide but not all homicides are these.
What is murder/manslaughter?
The defendant being “incapable of knowing or understanding the nature and quality of his or her act and of distinguishing right from wrong at the time of the commission of the offense.”
What amendment provides the right against self-incrimination?
5th Amendment
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
Is punishable by up to 364 days in jail
What is a misdemeanor?
A law enforcement agent or agent of the state acquired the evidence necessary to commence prosecution of the defendant by inducing the defendant to engage in a criminal act that the defendant would not otherwise have committed
Before the government can deprive you of life, liberty or property they must provide you with what?
Due process
Laws that make acts criminal when they were not criminal at the time they were committed are called __ ______ _________
Ex Post Facto
When an individual commits a criminal act during an emergency situation in order to prevent a greater harm from happening.
What is necessity?
To detain someone briefly for investigative purposes, law enforcement must have?
Bonus: What is a brief detention for investigative purposes commonly called?