Chapter 2 Flashcards
What is criminal procedural law?
Laws that govern proper procedures for investigators in arresting suspects searching crime scenes and seizing property as evidence
What is substantive criminal laws?
The legal requirement That needs to be met in order to determine whether crime has been committed or whether a given suspect is guilty or innocent
What are the four primary goals of a criminal investigation
To establish that a crime has been committed
To gather evidence or proof of the crime
To identify an arrest suspects
To build a case for trial
What is corpus delicti
Latin for body of the crime in other words an investigator must establish that a crime has indeed been committed before partaking in any further investigative efforts.
Can you establish corpus delicti without physical evidence?
Yes by establishing The circumstances around the alleged criminal incident.
Ex-a murder case can be established even without discovery of a dead body based on fact surrounding a relationship between an offender and a missing person presume to have been murdered
What are elements of a crime?
These are factual legal requirements of a crime that must be demonstrated and supported by evidence obtained during the investigation.
Every crime has its particular elements which are usually outlined in the statutes or written legal codes of a particular jurisdiction
What is actus reus ?
The act requirement is referred to in its legal terms
What is mens rea
A suspects mental state during a criminal act
What is strict liability offenses
Traffic violations or other minor offenses only the act itself is required to imply guilt
What are the four level of mental or criminal responsibility
Purposeful, knowing, reckless, negligent
What is Reasonable suspicion
Reasonable suspicion exists when a particular situation would lead an officer to suspect that a crime has been committed, is about to be committed, or has already taken place.
What is probable cause?
Is necessary for nearly every investigation that could invade a persons constitutionally guaranteed privacy can be defined as the legal standard to arrest when an officer has reasonable believe a crime has occurred and the accused has violated the elements of a certain crime.
What is the totality of the circumstance?
When Both reasonable suspicion and probable cause are establish through the legal procedure.
What is the statement of probable cause
To justify the need for a warrant the investigator must prepare a statement of problem cause
What is contained in an affidavit?
Information justifying probable cause for a search warrant include direct observation by the investigating officer surveillance information offending profiles confidential informant statements and statements from third parties who have reliable knowledge of criminal activity.
What is outlined in Illinois vs gates?
That a search warrant can only be issued after a judge determine from the facts presented in the affidavit that the totality of the circumstances suggest the existence of probable cause.
What is a knock warrant?
When the suspect is being advised of the warrant.
What is a search warrant return?
In this stage an investigator identifies and lists all the items seized during the search and presented those items before a judge.
What is a sneak peek warrant
Sneak and peak warrants authorize law-enforcement to enter private property without the permission or knowledge of the occupants and to search for but not seize evidence and afterwards return with a proper search warrant.
What is an anticipatory warrant?
Is a warrant use when there is probable cause to believe that potential criminal evidence is on a sure course to a specific destination and will arrive at a specified date and time.
What are the five types of warrantless searches?
-Voluntary consent to search provided by subject
-Exigent circumstances
-Stop and frisk searches
-Search incident to arrest
-Special circumstances searches
What is included in special circumstance searches?
- Open fields
-Abandon property
-Probation/parole searches
-School searches
-Patriot act searches
The exclusionary rule?
The legal prohibition against illegally seized evidence
What is inevitable discovery
If evidence is obtained without a warrant and it is later determined that the evidence eventually would have been discovered as the result of a legal ongoing search such evidence can be used in a court against the accused suspect.
What is a trier of fact
Members of a jury who evaluate the adequacy of relevant evidence
