2c: Chapter 1 Flashcards
Crimes are?
Offenses where potential prison term exceeds 6 months
Divide into 4 degrees
Offenses that entitle to trial by jury
What does offense mean?
Crime
Dp
Pdp
Degrees of Crimes and jail term
1• 10 to 20 years 2• 5 to 10 yrs 3• 3 to 5 yrs 4• up to 18 months DP. 6 months PDP. 30 days
Prosecutions for crimes must be commenced within?
5 yrs of their commission
Time limitations??
DNA or fingerprint evidence- time does not start to run until the state is in possession of said evidence.
Time starts to run on the day after the offense is committed.
Prosecution is commenced for a crime when an indictment is found and for non-indictable when a warrant or other process is issued.
DP and PDP must be commenced within?
Or city ordinance?
1 year after it is committed
Time limitation?
Official misconduct
Ex.. bribery or corruption
Any offense or attempt or conspiracy to commit such must be commenced within?
7 years
Time limitations..
Which offenses can be commenced at any time?
Arson or widespread injury (environmental) Murder Manslaughter Agg. Manslaughter Sexual assault Agg. Assault Terrorism Or fugitive
When the victim of agg. Criminal sexual contact or endangering welfare / the prosecution for an offense when the victim at the time is below the age of 18 yrs.
When must the prosecution commence?
Within 5 years of the victim attaining the age of 18 or within 2 yrs of the discovery of the offense
In order to convict, the prosecution must prove guilt?
Beyond a reasonable doubt