CH14- Criminal Law & Procedure Flashcards
Essentials of Criminal Liability
Two elements are generally necessary for
someone to be convicted of a crime:
– 1. A criminal act or omission (the actus reus)
– 2. The requisite state of mind (the mens rea)
* Neither a guilty mind nor a guilty act alone is
sufficient for criminal liability to be imposed.
Both are required.
Accomplice Liability
An accomplice is fully liable for the principal
crime and all other foreseeable crimes if s/he,
aids or encourages someone to engage in the
illegal conduct
* Mere presence or knowledge is insufficient.
* An accomplice who only helps someone after
a crime is over—to escape or cover it up—is
only liable for the less serious crime of being
an accessory after the fact.
Criminal Procedure
Actually, the criminal justice system is
generally thought to consist of police,
prosecution and corrections
* Law enforcement seeks to ferret out crime, but
their actions are not without restriction, as
there are several important constitutional
protections in place for those accused.
Constitutional Protections
Among the most important:
– 4th Amendment protection from unreasonable search
and seizure, and a requirement that warrants for arrest or
search be issued only upon a finding of probable cause.
– 5th Amendment requirement of due process, right to
counsel, prohibition against double jeopardy, and right
against self-incrimination.
– 6th Amendment right to a speedy trial, trial by jury, the
right to confront witnesses, and the right to counsel.
– 8th Amendment protection against cruel and unusual
punishment.
The Exclusionary Rule
Violation of constitutional protections by law
enforcement will result in the inadmissibility of
evidence obtained as a result of the constitutional
violation.
* All evidence obtained in violation of the constitutional
rights of an accused person is excluded.
* Evidence found as a result of a constitutional violation
is also excluded as “fruit of the poisonous tree.”
The purpose of the exclusionary rule is to
deter police from conducting warrantless
searches and engaging in other misconduct.
* The rule may not be asserted vicariously. In
other words, if police seize evidence in
violation of one person’s rights, that evidence
is still admissible against anyone else.
* Note that regardless of police conduct, no
police behavior can take away the right to
search once constitutionally permissible.
Miranda Rule
Whenever a suspect in custody is interrogated, law
enforcement must advise the suspect of the
following rights:
1. The right to remain silent.
2. The consequences of waiving that right.
3. The right to an attorney.
4. The fact that an appointed attorney is available even if
the suspect cannot afford one.
5. The right to have the attorney present during
questioning.
Miranda applies only to custodial interrogations.
Thus, law enforcement must advise a suspect of his
rights only if:
1. The suspect is in custody, and
* This is determined from all the facts and circumstances and
generally is decided based on whether a reasonable suspect
would believe that s/he is free to go at any time.
2. There is an interrogation
* Police may hold a suspect without asking questions and
without reading a suspect his rights. Any statements made are
still admissible because there was no interrogation.
The Fourth Amendment
The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall
not be violated, and no Warrants shall issue,
but on probable cause, supported by Oath or
affirmation, and particularly describing the
place to be searched, and the persons or
things to be seized.
What does it mean?
* Unreasonable searches and seizures are
prohibited.
* Warrantless searches are presumptively
unreasonable.
* Warrants require probable cause, and must
be specific with respect to what is to be
searched and/or seized.
Probable Cause
- Probable cause to search:
– An objective factual basis for believing that
contraband or evidence of a crime is located in
a particular place. - Probable cause to arrest:
– An objective factual basis for believing that a
crime has been committed by a particular
individual.
Warrant Presumption
- Searches presumptively require a warrant if
the subject of the search has demonstrated a
reasonable expectation of privacy in the
place to be searched. - Anywhere generally considered private will
generally meet this test if the subject treats
it as private.
Warrant Requirement Exceptions
- Evanescent evidence
- Incident to a lawful arrest
- Stop & frisk
- Administrative inspection of licensed premises.
- Automobiles
– impoundment inventories
– based on probable cause - Pursuant to consent
- International borders
- Plain View
Crimes Affecting Businesses
- Larceny
- Robbery
- Burglary
- Forgery & Uttering
- False pretenses
- Embezzlement
- Mail/wire fraud
- Arson
- Receiving stolen property
- Money laundering
Larceny
Wrongful taking of the personal property of another`
Robbery
Wrongful taking of the personal property of another
by force
Burglary
Breaking and entering a dwelling at night with the
intent to commit a felony therein
False pretenses
Obtaining goods through fraud or deceit; aka
larceny by trick
Embezzlement
Appropriation of money or goods by one who
is originally in rightful possession
Mail/wire fraud
using the mail, telephone, radio, or television to
defraud the public
Arson
Intentionally setting fire to or blowing up any
building.
Receiving stolen property
Knowingly accepting stolen property
Money laundering
Concealing the ownership, source, or destination of
illegally gained money. Techniques include
* Smurfing – making small cash deposits
* Cash smuggling – sneaking cash to foreign countries
* Cash business – adding illegal gains to cash transactions
* Phantom employees – paying wages for no work
* Invoice alteration – over or undervaluing invoices
* Real estate manipulation – property price changed with
concealed payments
