Chp 2 Flashcards
Laws that govern proper procedures for investigators in arresting suspects ,search in crime scenes ,and seizing property as evidence
Criminal procedural law’s
Which defines the legal requirements that have to be met to determine whether a crime has been committed or given suspect is guilty or innocent of a specific criminal act
Substantive criminal laws
To establish that a crime has been committed
To gather evidence of proof of the crime
To identify & arrest suspects
To build a case for trial
Four primary goals of carrying out a criminal investigation
Written legal codes of a particular jurisdiction
Statutes
Body of the crime
Corpus delicti
The act requirement is referred to the legal term
Actus Reus
Mental state during the act
Men’s Rea
In traffic violations or other minor offenses only the act it’s self is required to imply guilt also known as
Strict liability offense
What are the four mental states in chapter 2 of the book
Purposeful
knowing
reckless
Negligent
Mental desire for the act to produce a specific outcome
Purposeful
Committing the act while failing to foresee its potential to produce a specific outcome
Negligent
Committing the act while disregarding its potential to produce a specific outcome
Reckless
Mental awareness that the act most likely will produce a specific outcome
Knowing
A warrant that is used when there is probable cause to believe that potential criminal evidence is honest you’re gorgeous specific destination and will arrive at a specified date and time
Anticipatory warrant
Authorize law enforcement officers to enter private property without the permission or knowledge of its occupants and to search for evidence and afterwards return with the proper search warrant
Sneak and peek warrant
The ruling states that the evidence secured by illegal means and in bad faith cannot be introduced in a criminal trial
The exclusionary rule
If evidence is obtained without a warrant and it is later determined that the evidence eventually would have been discovered as a result of a legal ongoing search such evidence can be used in a court against in the accused suspect under the rule of
In evitable discovery
The judges role in trial proceedings is to ensure the law is properly apply during the trial a roll referred to as
Trier of law
Physical evidence Documentary evidence Testimonial evidence Direct evidence Circumstantial evidence
Forms of evidence
The individuals who must evaluate the adequacy of evidence related to the fact
Trier of fact
Casual nonthreatening yet perhaps slightly inquisitive conversation between officer and person with whom they are making contact
Consensual encounter
A case where child pornography was legally sees as evidence upon delivery of the illegal contraband to the man identified in the warrant as the purchaser
Us vs Gibbs
In this final stage of the investigator identifies and list all the items seized during the search and presents those items before a judge
Search warrant return
A written order, and the name of the people, signed by magistrate, directed to a peace officer, commanding him or her to search for persons, things, or personal property.
Search warrant
1) probable cause exists to believe that evidence of crime is located on or in the vehicle
2) The vehicle is located where it is legally accessible to officers
3) The search is not conducted in a random manner that is, it focuses on places where the illegal items search for could be concealed
Motor vehicle exception
Are legally protected against warrantless searches any land areas including structures on them to use exclusively by persons living on them
Curtilages
The suspect waived their right to a jury trial the judge serves as the trier of both fact and law
Bench hearing
Imminent threat to public safety by dangerous instrumentals or hazards example and explosive drug lab what case was this involved with!
People vs Duncan
Preventing escape after lawfully attempting to detain or arrest while the suspect is in a public place. what case involved the Lawful pursuit of a traffic violator into a residence
People vs Lloyd
