Cons law Flashcards
Arrest
The taking under real or assumed authority, custody of another person for the purpose of holding him to answer to a criminal charge, or to prevent harm to himself or others.
What is a crime?
An act committed or omitted in violation of public law, either forbidding or commanding it to be done.
What is a felony?
Any crime punishable by death or imprisonment in the state prison.
What is a misdemeanor?
Any crime less than a felony.
What is probable cause?
That level of proof that is more than reasonable suspicion, yet less than proof beyond a reasonable doubt.
What is probable cause to arrest?
That level of proof, based on facts sufficiently strong in themselves, to cause a reasonable and prudent person to believe that the accused committed the crime with which he is charged.
What is probable cause to search?
That level of proof, based on facts sufficiently strong in themselves, to cause a reasonable person to believe seizable evidence is located in a particular place.
How is proof beyond a reasonable doubt determined?
It is determined in court.
What does search imply?
A quest or examination; a prying into hidden places for that which is concealed.
What is a seizure?
A forceful taking or dispossession of property of another, not accompanied by a search.
What is a frisk?
The patting down of the outer clothing of a person, or area under his control, to determine by sense of touch, the presence of a weapon.
What does reasonable suspicion mean?
That level of proof that is less than probable cause but more than mere suspicion.
What is unlawful design?
That a suspect has committed, is committing, or is about to commit a crime.
What is statutory law?
Law effected by legislative enactments.
What is case law?
The law as established from previous decisions made in past court cases (i.e. Miranda v. Arizona).
