Basics & Preliminaries
What is a crime
An act or omission that violates the law and incurs a legal penalty
Give an example of a crime vs person
Murder, manslaughter, rape, assault, stalking, etc.
Give an example of a crime against property
Vandalism, arson, theft, shoplifting, embezzlement, carjacking, possession of stolen property, etc.
True or false: you have to answer a lawyer's / cop's questions even if it would land you in jail
FALSE. (5th amendment right against self-incrimination)
True of False: People under 18 are held to the same laws that adults are?
False
What are 2 potential causes of crime?
Poverty, Unemployment, Lack of positive community, Lack of education, Substance Abuse
Intercourse between an adult and a minor, regardless of minor's consent
Give an example of Vandalism
Spray painting, beating mailboxes, slashing tires, breaking windows, etc.
What must an officer recite while an arrest is taking place
Miranda rights. "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.”
What is rehabilitative justice
The idea that jail is where someone goes to learn life and work skills and become a better person so they can be reintroduced into society
What is an attempt to commit a crime?
A substantial effort was made, whether the crime was completed or not
When does assault and battery become aggravated assault and battery?
When a weapon is used or a certain degree of harm was inflicted
What is extortion?
The use of threats to obtain property
Give me 2 of the 4 defenses
Proving innocence, insanity, Self-Defense, Constitutional violation
In what type of court is a defense attorney provided for free? (civil or criminal)
Criminal
Addiction. The body and mind need the substance to work, so getting the substance becomes more important than legal/moral behavior.
Why is 1st degree murder so much harder to prove than 2nd degree?
For 1st degree, the prosecution needs to prove premeditation, or having planned the murder for a long time
when the stolen item exceeds $2,000 in value
For an arrest to occur, an officer needs one of what 2 things?
An arrest warrant or probably cause
How could someone get immunity in a criminal case?
Providing information that leads to bigger arrests, being a government official, serving as a witness to a crime, etc.
What is the difference between a solicitation and a conspiracy?
A solicitation is asking or hiring someone else to do a crime, conspiracy is agreeing to commit the crime together
What is the difference between voluntary manslaughter and involuntary manslaughter?
Voluntary manslaughter means the victim was provoking the killer, involuntary manslaughter means the killing was completely accidental
What is the difference between carjacking and joyriding?
Carjacking is stealing a strangers car, often by force. Joyriding is using a relative or friends vehicle without consent.
What are the 4 main things that happen after an arrest
Vehicle impounded (if arrest was roadside), Finger prints taken, Possessions confiscated, Record made
What is the difference between parole and probation?
Both are living under close surveillance, but one gets probation as a whole sentence for a minor crime, and one gets parole after being released from prison for good behavior