Show:
Theft/Larceny
Protection from Unreasonable Searches and Seizures
Police Interrogation
Rights at Trial - The Sixth Amendment
MURDER
100
The original common law offense.
What is Larceny?
100
Any evidence gathered as a result of an illegal search, even at a time later than the illegal search itself, will be excluded from evidence.
What is Fruits of the Poisonous Tree Doctrine?
100
The rights are based in this, and the reasons for the reading of the rights by the police officer stem from the privilege against self-incrimination, which may be waived or asserted.
What is the Fifth Amendment?
100
A person lacking the necessary funds or means to hire counsel to defend him.
What is an Indigent Defendant?
100
“Legal” cause means the defendant can be held responsible for the death even though it occurred in a different manner than intended by the defendant.
What is Proximate Cause?
200
Occurs where an accused who has lawful possession of another’s property wrongfully appropriates the property.
What is Embezzlement?
200
According to this there is no reasonable expectation to privacy in the area outside the curtilage (immediate surroundings and attached structures) of a home, and searches of areas outside the curtilage do not raise Fourth Amendment issues.
What is “open-fields doctrine?”
200
At a minimum, the police must have done this for that person to be considered to be "in custody" for Miranda purposes.
What is limited someone’s freedom of movement?
200
The right to cross-examine a witness adverse to the Defendant and to lead and impeach such witnesses is also granted by this clause.
What is the Confrontation Clause?
200
This signifies the mental state of a person who voluntarily, without legal excuse or justification, does an act that ordinarily will cause death or serious injury to another.
What is Malice aforethought?
300
The crime of this is when a forged check/document is submitted for payment.
What is Uttering?
300
Before a judge or magistrate may issue a search warrant, there must be a finding of this.
What is probable cause?
300
Any time the police are questioning a suspect.
What is Interrogation?
300
The right to this can also be violated because of a judge’s behavior. If a judge is not even-handed in his warnings against perjury to prosecution and defense witnesses, or, by his behavior, causes a defense witness to fail to testify by intimidating the witness, the Sixth Amendment right to present a witness may have been violated.
What is compulsory process?
300
This type of Murder typically involves acting with “extreme indifference to the value of human life.”
What is Depraved Heart?
400
These schemes are illegal and work by establishing an account at one bank and then writing a large check on that account that is deposited into a second account at another bank.
What is Check-kiting?
400
A warrant must be this, which means that it must describe with reasonable certainty the location which is subject to the search and the items to be sought and seized.
What is “precise on its face?”
400
Whether someone has waived their Fifth Amendment privilege to remain silent and have an attorney present will depend on this, bearing in mind the duration of custodial interrogation as well as the sophistication of the Defendant and any other relevant factors.
What is the totality of the circumstances?
400
This is the burden of proof imposed on the prosecution and the presumption of innocence granted every defendant are based on the "Due Process" Clauses of the Fifth and Fourteenth Amendments.
What is beyond a reasonable doubt?
400
A conviction of this does not require a showing of malice or deliberate intent to kill.
What is felony murder?
500
Force or threat of force is used to take property from the victim.
What is Robbery?
500
There are the six major exceptions to the warrant requirement.
What is Search Incident to Lawful Arrest, Plain View Exception, Consent, Stop & Frisk, Automobile Exception, and Emergencies/Hot Pursuit?
500
An intentional attempt to deceive or otherwise persuade a suspect through use of false promise or inducement so that he or she will waive or otherwise relinquish rights and respond to an interrogation.
What is Cajolery?
500
The Eighth Amendment states this.
What is there shall be no“cruel and unusual punishments inflicted?”
500
This differs from murder charges in that it is not accompanied by premeditation or malice and is based on circumstances that mitigate the crime (the death).
What is Voluntary Manslaughter?