Criminal Law Flashcards
No proof of mens rea required
Strict liability crime
Initial step in PA criminal procedure; magisterial district judge may set bail
Preliminary arraignment (PA)
Punishable by death or incarceration in a state or federal penitentiary
Felony
Evidence obtained as a result of an improper search is tainted and inadmissible
Exclusionary rule
Defendant knew or should have known of a substantial and unreasonable risk that harm would result
“Reckless”
State has limited time to apprehend and prosecute for crimes
Statute of limitations
Police officer either suggested that the crime be committed or induced the defendant to commit the crime
Entrapment
Available as a defense only when the mistake of fact eliminates the mens rea
Mistake
A substantial likelihood that a person has committed or is about to commit a crime
Probable cause
Searches and seizure must be based upon probable cause
4th Amendment
Formal charges lodged against a defendant and defendant enters plea
Arraignment (PA)
Defendant did not know the nature and quality of the criminal act
M’Naughton standard
Punishment cannot be cruel or unusual
8th Amendment
Defendant disregards a substantial and unjustifiable risk that criminal harm or injury may result
“Negligence”
The act, omission, or possession that is the basis of criminal responsibility
Actus rea
Tainted evidence that would have been discovered through a legal search is admissible
“Inevitable discovery” doctrine
No double jeopardy
5th Amendment
A person who is in custody must be advised of his 5th and 6th Amendment rights
Miranda rights
Not punishable by incarceration, only a fine
Summary offense
In Pennsylvania criminal procedure, determination if there is sufficient evidence to hold defendant for trial
Preliminary hearing (PA)
Right to legal counsel in criminal cases
6th Amendment
Punishable by fine and/or incarceration in a county jail
Misdemeanor
Criminal intent
Mens rea
