Levels of Intrusion
For this level of intrusion, the officer must have a reasonable suspicion that their life is in danger
What is a frisk?
These are aspects of the crime that the prosecution must prove. These aspects are outlined in every criminal statute.
What are elements?
The defense for when a person is under the influence of drugs or alcohol
What is intoxication?
These are the three parts of the criminal justice system
What are investigation, adjudication, and sentencing?
This element of the crime generally involves actions and can be identified in a statute through action words like verbs
What is the actus reus?
For this level of intrusion, an officer must believe that criminality is afoot.
What is an inquiry?
The prosecution must prove each element according to this standard. It's not just more likely than not.
What is "beyond a reasonable doubt"?
The New York rule on whether a person must retreat to defend their home
What is no, a person does not have to retreat while defending their home (even though typically they may have to retreat if possible when the alternative is to use deadly force?
This aspect of the criminal justice system is the first step into the adjudication stage
What is arraignment?
This defense is used when someone claims that they misunderstood a key aspect of the situation that negates any criminal intent
What is mistake of fact?
This occurs where an officer has probable cause to believe that a suspect committed a crime based on the totality of the circumstances
What is an arrest?
A conviction of a Class A Misdemeanor can result in a maximum sentence of . . .
What is one year?
The initial aggressor in order for the defendant to claim self-defense.
What is the alleged victim?
this stage of the criminal justice system is where a court, led by a judge and jury, determines whether the defendant is guilty
What is adjudication?
This type of crime is generally a violation or low-level offense that does not require a mens rea
What is strict liability?
The following is an example of this level of intrusion:
After a report of a break-in at a local grocery store, Officer Torres approaches Jimmy John and asks him "how long have you been in the area?" and "have you seen any suspicious activity?"
What is a request for information?
A Class B Felony can result in a maximum sentence of up to . . . years
What is a sentence of 25 years?
The defense for when a person is forced/induced to commit a crime by the government.
What is entrapment?
These are the three potential results that a jury could render following a trial
What are guilty, not guilty, and hung jury?
This is the most serious mens rea that requires that a person act "with purpose" for conviction.
What is intentionally?
The following is an example of this level of intrusion.
Officer McFly gets a tip that a girl with red hair and long pink nails recently robbed the makeup store, Sephora. Less than a mile away from the store, Officer McFly sees a girl matching the description and asks her a few questions.
What is a forcible stop?
The actus reus and mens rea of the following statute are this and this?
NYS ยง 165.07 - Unlawful Use of Secret Scientific Material
A person is guilty of unlawful use of secret scientific material when, with intent to appropriate to himself or another the use of secret scientific material, and having no right to do so and no reasonable ground to believe that he has such right, he makes a tangible
reproduction or representation of such secret scientific material by means of writing, photographing, drawing, mechanically or electronically reproducing or recording such secret scientific material.
Actus Reus: What is "makes a tangible reproduction or representation"?
Mens Rea: What is "intent to appropriate"?
The purpose of an affirmative defense.
What is allowing defendants to avoid punishment even if the prosecution proves beyond a reasonable doubt they committed the crime.
The purpose of this mechanism is to ensure that the defendant comes back for trial, not to punish them for the crime they've committed
What is bail?
This mens rea element requires that an individual know of a potential risk and disregard that risk
What is recklessness?