Criminal Law
A court hearing where a defendant is informed of criminal charges and afforded an opportunity to respond to the charges by entering a plea is called an?
Arraignment.
Neighborhood watch is an example of?
Community Crime Prevention
What is a defense?
Criminal defendant's response stating why he shouldn't be liable for a crime.
What is criminal procedure?
A body of law that regulates the manner in which authorities process criminal cases and treat individual suspects or defendants.
Which amendment grants a person the right to an attorney?
6th Amendment.
What is a grand jury?
A jury, typically of twenty-three people, selected to examine the validity of an accusation before trial.
What is the willful giving of false testimony under oath in a judicial proceeding?
Perjury
T or F
Voluntary Intoxication is a viable defense
False
What are administrative rules?
Legal standards set by executive or independent agencies.
Another name for a preliminary hearing?
A probable cause hearing.
Which amendment contains the confrontation clause?
6th Amendment.
What is the attempt to interfere with the administration of public justice?
Obstruction of Justice.
What is the highest degree of force that should only be used to counter immediate threat of death?
Deadly Force
What does U.S.C. Title 18 go towards?
Federal Crimes and Criminal Procedure
What are the (3) classifications of crimes
Infractions, misdemeanors, and felonies.
What is the incorporation doctrine?
Constitutional doctrine holding that the provisions of the Bill of Rights.
What federal statute does the Controlled Substance Act belong to?
U.S.C. Title 21
It is a complete legal defense that government agents created a crime, implanted it in an innocent person's mind, then induce commission of the crime so that government may prosecute that person.
There are (2) elements to entrapment. (1) government inducement of the crime, and (2) the defendant's lack of predisposition to engage in the criminal conduct.
What is the compulsory clause and what amendment does it go to?
6th amendment, allows defendants to compel witnesses to appear on their behalf.
What does decus tecum mean?
Where did the Alford plea get its name?
North Carolina v. Alford (400 U.S. 25 (1970).) A man named Henry Alford had been charged with first degree murder and was facing the death penalty. He maintained that he was innocent, but the evidence against him appeared to be strong. The defense struck a deal with the prosecution: Alford would plead guilty to second-degree murder.
Alford told the judge, under oath, that he didn’t commit the crime. He said he was pleading guilty because of the threat of the death penalty. The judge, having also heard evidence of Alford’s guilt, accepted the plea and imposed the maximum sentence of 30 years in prison.
Difference between public and private nuisances.
A private nuisance is a civil wrong based on disturbance on the plaintiff's land while a public nuisance isn't focused on the disturbance of land, rather interference of the community itself.
What is the substantial capacity test?
a test used in many jurisdictions when considering an insanity defense which relieves a defendant of criminal responsibility if at the time of the crime as a result of mental disease or defect the defendant lacked the capacity to appreciate the wrongfulness of his or her conduct or to conform the conduct to the requirements of the law.
Which amendments have due process clauses and what is the difference between them?
5th and 14th amendments. 5th amendment's due process clause goes towards the individual while the 14th amendment's goes towards the states.
What is use immunity?
It prevents the prosecution from using the witness’s statements or any evidence derived from those statements against the witness in a criminal prosecution. Just as effective as the witness not testifying.