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.
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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
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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
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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.
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5
Q

Generally, what amount of monetary loss or damage is needed for a crime to become a felony?

A

Exceeding $2500

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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.
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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.
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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.
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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.
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