Criminal Law (General)
Criminal charges are brought by this
What is the state or prosecutor?
Failure to exercise due care.
What is negligence?
An attempted punch to the face to inflict harm that misses.
What is assault?
The willfull (non-negligent) killing of one human being by another.
What is murder?
Is punishable by up to 364 days in jail
What is a misdemeanor?
Part of the bill of rights that protects from unreasonable searches and seizures
What is the 4th amendment?
A murder requires this level of intent.
What is intent to kill or inflict great bodily harm?
Can be successfully claimed if defendants can demonstrate that they used force to repel an imminent, unprovoked attack, in which they reasonably believed they were about to be seriously injured.
What is self-defense?
The burden of proof in a criminal case.
What is proof beyond a reasonable doubt?
An appearance before a judge when advised of rights and charges, enter a plea and have conditions of release set.
What is an Arraignment?
When one kills another person intending to physically harm but not actually kill the person, this is....
What is involuntary manslaughter?
An intentional killing when the suspect was provoked by the victim in a way that would cause a reasonable person to act rashly.
What is voluntary manslaughter?
An unintentional killing in which the defendant should have known they were creating a risk.
What is negligent homicide?
The percentage of a country's population currently in jail and prison.
What is incarceration rate?
This famous SCOTUS decision regarding the 5th amendment led to the mandatory police procedure of reading a suspect's rights to him/her during an arrest.
What is Miranda v Arizona (1966)?
All of these are a homicide but not all homicides are these.
What is murder/manslaughter?
Failing to take an obviously ill baby to the doctor is an example of...
What is child neglect?
The unlawful taking and carrying away of another's personal property, with the intent to permanently deprive the rightful owner of its possession.
What is larceny or theft?
Law enforcement must have this to do a brief stop and frisk of a person.
What is a reasonable suspicion?
A defense lawyer uses this to challenge evidence that may have have been obtained via violation of the defendant's 4th or 5th amendment rights.
What is a motion to suppress ?
Jimmy may be charged with this crime if he participates in an armed robbery of a liquor store and his accomplice, Gene, shoots and kills a customer
What is felony murder?
When one steals money entrusted to them, such an investment banker or a cashier.
What is embezzlement?
When 2 or more people agree and plan to commit a crime, then take an overt act in furtherance of the crime.
What is conspiracy?