Felony Punishments
A level of crime that is punishable by 2 years to 10 years in jail and a fine up to $10,000.
What is a 3rd Degree Felony?
Corpus delecti means the body of the crime and is composed of 2 parts. The first is the prohibited act/harm called the Actus Rea and the second component is Mens Rea which translated means_____________.
What is the Criminal or Culpable State of Mind?
The Right to Remain silent is almost universally know as part of the Miranda Warnings. It came from this Amendment to the US Constitution.
What is the 5th Amendment?
The Bill of Rights refers to which Amendments?
What are the first 10 Amendments to the US Constitution?
This classification of crime is the least serious level.
What is a Misdemeanor?
A level of crime that is punishable by 180 to 2 years in jail and a fine of up to $10,000
What is a State Jail Felony?
The actor has a conscious objective to perform the act or achieve the result.
What is Intentional?
You have the right to an attorney is almost universally know as part of the Miranda Warnings. It came from this Amendment to the US Constitution.
What is the 6th Amendment?
This Amendment protects "Hate Speech".
What is the 1st Amendment?
A level of crime that is punishable by a fine of up to $500.00 but no jail time
What is a Class C Misdemeanor
A level of crime that is punishable by 5 years to 99 years in jail and a fine up to $10,000.
What is a 1st Degree felony?
The actor knows or should have known (is aware) that his conduct is reasonably certain to cause the result.
What is knowingly?
This well know exception to the 4th Amendment's Search Warrant requirement requires that Law Enforcement have a right to be where they are when they claim this exception.
What is the Plain View exception?
These 5 Amendments most affect the way law enforcement and the courts do their jobs.
What are the 4th, 5th, 6th, 8th and 14th Amendments?
A level of crime that is punishable by up to 1 year in jail and a fine not to exceed $4000
What is a Class A misdemeanor?
A level of crime that is punishable by 2-20 years in prison and up to a $10,000 fine.
What is a 2nd Degree Felony?
The actor is:
- Aware of a substantial and unjustifiable risk,
-Consciously disregards that risk, and
- The decision to disregard that risk is a gross deviation from what a reasonable person would decide.
What is Reckless?
The 4th Amendment requires that an officer must obtain a search warrant unless an exception applies. This is the most common exception to this rule.
What is Consent?
This source of law has most impacted the way the Bill of rights is interpreted and applied by everyday law enforcement.
What are U.S. Supreme Court decisions (Case Law)?
A level of crime that is punishable by up to 180 days in jail and a fine not to exceed $2000
What is a Class B misdemeanor?
A level of crime that is punishable by life, life without parole, or death and a fine up to $10,000.
What is a Capital Felony?
The actor is:
- Not aware of a substantial and unjustifiable risk, but
- Should have been aware, and
- The lack of awareness is a gross deviation from what a reasonable person would be aware.
What is Criminally Negligent?
This US Supreme Court case made the Exclusionary Rule applicable to all levels of law enforcement and basically gave us back our 4th Amendment rights by establishing a penalty for unlawful searches and seizures.
What is Mapp vs. Ohio?
The 3 sources of our law.
What is the US Constitution, Statutory and Case Law.
You can be arrested for any Class C misdemeanor crime except for these 2 crimes.
What are speeding and open container?