Defenses
A defense asserted by a criminal or civil defendant that permits a person to break the law when an emergency situation arises, not of the person’s own creation compels the person to act in a criminal manner to avoid greater harm from occurring.
What is Necessity
Request that a court of law prohibits specific statements, documents, or objects from being introduced into evidence in a trial. Most states require them to be made prior to trial
What is Rules of Four
The first ten amendments to the US Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship.
What is the Bill of Rights
official takes a person into custody to answer criminal charges
What is Custodial arrest
the Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained by violating the Fourth Amendment to the U.S. Constitution, applies to all States
What is Weeks v. U.S., Mapp v. Ohio
He, she or they should not be held liable for any loss and injury that they have caused because the action was taken in defense of the defendant’s premises or personal property.
What is defense of home and property
1. kind of jurisdiction a court has when it hears a case for the first time
2. kind of jurisdiction a court has when it reviews the action of a lower court
What is original and appellate
From French for “wrong” a wrongful act or an infringement of a right (other than under contact) leading to civil legal liability.
What is Tort
Police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant.
What is Probable cause to arrest
The Court held that there is a "public safety" exception to the requirement that officers issue Miranda warnings to suspects, such as when the police think that an individual may pose a threat to the safety or well-being of others.
New York v. Quarles
When the defendant admits to committing a criminal act but believes that he, she or they cannot be held responsible because there was no criminal intent. Some excuse defenses that are used today are age mental disorder, automatism, mistake of fact and mistake of law.
What is excuse
This doctrine states that in order for a search to qualify, an officer must physically invade the "constitutionally protected area." Persons and places named in the 4th Amendment such as houses, papers and effects are the constitutional protected areas.
What is trespass doctrine
Latin phrase meaning wrong or evil itself. It is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct.
What is mala in se
An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence.
What is Exigent circumstances
Supreme Court ruled that detained criminal suspects must be informed of their constitutional right to an attorney and against self incrimination.
What is Miranda v. Arizona
Excuse defense by arguing that the defendant is not responsible for their actions due to an episodic or persistent psychiatric disease at the time of the criminal act.
What is insanity
What does the 4th amendment protect against?
What is unreasonable searches and seizures
Is a term applied to any action that is criminalized strictly by statute and statutory law. The phrase in Latin translates to something that is wrong because it is prohibited.
What is mala prohibita
Officers have to knock and announce that they're officers with a search warrant before they enter the places they're about to search
What is Knock and announce rule
Police may search a vehicle incident to an occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it's reasonable to believe the vehicle contains evidence related to the offense of arrest.Arizona v. Gant
What is Arizona v. Gant
A person has committed the physical element of an offense but never formed the required mens rea and so will escape liability for offense that require mens rea.
What is mistake of fact
Difference between express and implied waiver
What is a suspect would state (or sign something stating) that they waive the right to remain silent or the right to have an attorney present. Implied waiver means that the suspect behaves in a way that indicates a knowing and voluntary waiver of Miranda rights.
Action or conduct that is a constituent element of a crime, a physical component.
What is Actus reus
Confession that is given out of a suspect's own free will, and has not been obtained by force, coercion, or intimidation.
What is is voluntary confession
Held that where a police officer has reasonable suspicion that a person is committing, is about to commit, or has committed a crime, the officer may stop and question the person and may frisk the person if the officer has reasonable suspicion that the person is armed.
What is Terry v. Ohio