CON LAW 2 Flashcards
1
Q
What are the EXACT elements of the crime of “theft”?
A
- With intent, knowingly takes or retains movable property of another.
- Without consent of the owner.
- With intent to permanently deprive.
2
Q
What are the EXACT elements of the crime of “Burglary”
A
- With intent, knowingly entered a building/dwelling of another.
- Without consent of the owner or person in possession of.
- With intent to steal or committ a felony
3
Q
What are the EXACT elements of the crime of “Burglary”
A
- With intent, knowingly entered a building/dwelling of another.
- Without consent of the owner or person in possession of.
- With intent to steal or committ a felony
4
Q
What are the EXACT elements of the crime of “Criminal Damage to Property”?
A
- Knowingly caused damage to physical property of another.
- With intent caused the damage.
- Without consent of owner.
5
Q
Generally, what amount of monetary loss or damage is needed for a crime to become a felony?
A
Exceeding $2500
6
Q
What are the main tenants of the 4th Amendment?
A
- Right of the people to be secure in their persons, houses, papers, and effects.
- Protects against unreasonable searches and seizures.
- No warrants without probable cause.
7
Q
What is the social contract theory and how does it relate to law enforcement?
A
- People give up some of their freedoms, to give the government authority to enforce laws and agreements.
- Since law enforcement represents the government, law enforcement officers must be fair and just or the social contract is broken.
8
Q
What are the main tenants of the 5th Amendment?
A
- Presentment or indictment of a Grand Jury.
- Person cannot be subject for the same offense twice.
- Person cannot be a witness against himself.
- No person shall be deprived of life, liberty, or property without due process.
- Property cannot be taken for public use without just compensation.
9
Q
What are the main tenants of the 6th Amendment?
A
- Right to a speedy and public trial
- Right to an impartial jury.
- Have the assistance of counsel for defense.
- Right to be confronted with the witness against him.
- Process for obtaining witnesses in his favor.
- Right to be informed of the nature and cause of the accusation.