Reasonable Doubt
When the jury decides that there is no “reasonable doubt” that you committed every element of the crime
What is a guilty verdict?
Guarantees the right of the people to be secure in their homes from unreasonable searches and seizures by police or government officials
What is the Fourth Amendment?
Requires probable cause
What is a lawful arrest?
When the officer conducts themself in an inappropriate manner
What is harassment?
The side that opens first
What is the prosecution?
The burden of proof lies with them
What is the prosecution?
A legal document that authorizes a police officer to search a particular person or place The warrant must describe the particular place to be searched and the things to be seized
What is a search warrant?
A court order signed by a judge authorizing the police to take a suspect into custody
What is an arrest warrant?
The crimes that "justify" deadly physical force
What is BAKE (Burglary, Arson, Kidnapping, and Escape in the First Degree)
Summarize the facts to the court: who is involved, what has happened that requires a trial
What is "Brief summary of the case"?
What is (1) Convince the jury of guilty; (2) Present the evidence to support guilt; (3) Prove every single element?
A doctrine in criminal court that allows for evidence that was obtained illegally to be suppressed
What is the "exclusionary rule"?
Analyzed based on “the totality of the circumstances”
What is "The totality of the circumstances"?
The four types of force
What is (1) Ordinary Physical Force; (2) Deadly Physical Force; (3) Excessive Force; (4) Harassment?
State the legal basis or theory that proves the guilt (prosecution) OR non-guilt (defense) of defendant
What is "basis of guilt or non-guilt"?
The job of the defense (three jobs)
What is (1) Make the jury doubt; (2) Present evidence that contradicts the prosecution's story; (3) Prove not 100%
An arrest can occur with these two options
What is (1) A warrant; or (2) With probable cause of the officer and a valid exception to the warrant requirement
Ways an officer can establish reasonable belief (4 ways)
What is: (1) Personal experience; (2) Knowledge gained in the field; (3) Information gained from gained in the field; (4) Specific descriptions?
The types of legal force
What is (1) Excessive Force; (2) Harassment?
Explain the viewpoint of your client and what evidence you will show to support your version of events
What is "Brief summary of what the evidence will show"?
The end of a trial is not the end of the process. This side is able to initiate this process after the trial ends.
What is an appeal by the defendant?
The six exceptions to the warrant requirement
What is (1) Search incident to (immediately after or following) a lawful arrest; (2) Plain view; (3) Consent; (4) Hot pursuit; and (5) Emergencies?
The four levels of intrusion
What is (1) Request for information; (2) Inquiry; (3) Forcible stop; (4) Frisk?
For a victim to successfully prove charges of excessive force the victim must establish the unreasonableness of the action by demonstrating the officer was
What is reckless or used unnecessary force?
The five parts of the opening statement
What is (1) Introduction; (2) Brief Summary of the case; (3) Brief Summary of what the evidence will show; (4) Basis of guilt or non-guilt; (5) Conclusion?