C9 RQ Flashcards
How are felonies usually distinguished from misdemeanors?
Their severity and the scope of damages inflicted
What are the major classifications used for distinguishing among crimes on the basis of the harm done?
Infractions, misdemeanors, felonies
What is the actus reus of a crime? What is the mens rea?
Mens rea: Awareness of legality
Actus Rea: the physical element
What is an inchoate crime?
Crime of preparing to commit a crime/attempt to commit
What is the difference between general intent and specific intent?
Specific intent: Intent to commit that crime
General intent: Intent to commit an illegal action but not specifically the specified crime
Who is the principal of a crime? What is the difference between the principal and the accessory to a crime?
Principal actually commits the crime itself while the accessory merely helps
Tests to determine sanity levels
Intoxication, M’Naghten, Substantial capacity tests
What does a defendant have to show to prove entrapment?
The burden of proof lies on them to prove:
- Bad conduct
- Lack of predisposition
- The direct involvement of a governmental agency
Why does the court consider the suspect’s expectation of privacy when evaluating a search?
Mostly due to the privacy protections stated in the 4th amendment and the context of constitutional law
List some specific facts that must be included when police officers apply for a warrant to search a suspect’s home.
- Probable cause?
- Expectation of privacy
- Object of search
What exigent circumstances may allow the police to search without a warrant?
- Absolute certainty of criminal activity
- Immediate threat of harm to property or people
What might a defendant expect to occur during booking?
Name recorded mug shot property confiscated fingerprinting full body search checking for warrants health screening interrogation dna sampling
Sever motion
request by defense to have separate juries analyze different charges
Bifurcate motion
Judge’s ability to separate a trial into two parts in order to render a judgement on a set of legal issues without looking at all aspects
Sequester witness motion
Exclusion of certain witnesses in a trial
