Levels of Punishments
A level of crime that is punishable by a fine of up to $500.00 but no jail time
What is a Class C Misdemeanor
Corpus delecti means the body of the crime and is composed of 2 parts. The first is the prohibited act/harm called the Actus Rea and the second component is Mens Rea which translated means_____________.
What is the Criminal or Culpable State of Mind?
The Right to Remain silent is almost universally know as part of the Miranda Warnings. It came from this Amendment to the US Constitution.
What is the 5th Amendment?
The first 10 Amendments to the US Constitution are commonly called this.
What are the Bill of Rights?
The amount of proof or evidence that must be produced before a Court or Law Enforcement officer can take certain actions>
What is "Burden of Proof"?
A level of crime that is punishable by 180 to 2 years in jail and a fine of up to $10,000
What is a State Jail Felony?
The actor has a conscious objective to perform the act or achieve the result.
What is Intentional?
You have the right to an attorney is almost universally know as part of the Miranda Warnings. It came from this Amendment to the US Constitution.
What is the 6th Amendment?
Laws enacted by federal and state legislatures are known as these.
What are Statutes or Codes?
The amount of proof required before a Court can find a Defendant guilty of a crime.
What is Beyond a Reasonable Doubt?
A level of crime that is punishable by up to 1 year in jail and a fine not to exceed $4000
What is a Class A misdemeanor?
The actor knows or should have known (is aware) that his conduct is reasonably certain to cause the result.
What is knowingly?
This well know exception to the 4th Amendment's Search Warrant requirement requires that Law Enforcement have a right to be where they are when they claim this exception.
What is the Plain View exception?
Laws resulting from Judicial (Court) decisions is known as this.
What is "Case Law"?
The amount of proof required before a Court can find in favor of a party to a civil case or in favor of a criminal defendant claiming a legal Defense.
What is Preponderance of the Evidence (51%)?
A level of crime that is punishable by 2-20 years in prison and up to a $10,000 fine.
What is a 2nd Degree Felony?
The actor is:
- Aware of a substantial and unjustifiable risk,
-Consciously disregards that risk, and
- The decision to disregard that risk is a gross deviation from what a reasonable person would decide.
What is Reckless?
"When Law Enforcement is looking in a hidden place for evidence to use in a criminal proceeding" is the definition of this term.
What is a Search?
The 3 types of laws.
What is Civil Law, Criminal Law and Administrative Law?
The amount of proof a Law Enforcement officer must provide before getting a Search Warrant or a Warrant for someone's arrest.
What is Probable Cause?
A level of crime that is punishable by life, life without parole, or death and a fine up to $10,000.
What is a Capital Felony?
The actor is:
- Not aware of a substantial and unjustifiable risk, but
- Should have been aware, and
- The lack of awareness is a gross deviation from what a reasonable person would be aware.
What is Criminally Negligent?
This US Supreme Court case made the Exclusionary Rule applicable to all levels of law enforcement and basically gave us back our 4th Amendment rights by establishing a penalty for unlawful searches and seizures.
What is Mapp vs. Ohio?
The 3 sources of our law.
What is the US Constitution, Statutory and Case Law.
The proof that must be provided before a law enforcement officer can Stop and Frisk a suspect, make a Traffic Stop or a school administrator can search.
What is Reasonable Suspicion?