Chapter 10 Pt.2 Flashcards
What is justifiable use of force?
To protect ones self or property. Reasonably necessary force, castle doctrine and stand your ground laws.
What is the insanity defense?
Incapable of having mens rea, didn’t know doing was wrong, irresistible impulse.
What is the mistake defense?
Mistake of fact (not law), if negates mens rea.
What is the duress defense?
Threat inducing act of a crime would not have otherwise committed (not murder).
What is the entrapment defense?
Induced by a public official to commit a crime that would not have committed.
What is the statute of limitations defense?
Prosecutions must be made within a specified time (N/A in Wyoming).
What is the immunity defense?
No charges in exchange for information.
What does the 4th amendment do for criminal law?
Search warrants, reasonable expectation of privacy, exclusionary rule (limits admissibility of evidence).
What is the suspicion level of gut hunch?
No duty to answer questions, Defendant can stop encounter at any time.
What is reasonable suspicion?
Articulable suspicion criminal activity is afoot. Must obey officer, may/may not need to identify self, no search unless feels a weapon or gets probable cause.
What is probable cause (arrests and search warrants)?
Reasonable grounds to believe crime has been committed and particular suspect has committed it.
What is proof beyond a reasonable doubt?
Level of suspicion for conviction.
What allows a warrantless search?
Consent, plain view, search incident to arrest, automobile exception, hot pursuit.
What is the Miranda rule?
Arrestee must be informed of certain constitutional rights, no Miranda rights evidence excluded.
