Final exam Flashcards
Crim Pro, Crim Law, IP Law
Type of Defense
Alibi
Evidence that proves you dont have the “actus reus”
Type of Defense
Ignorance of Fact
negates mens rea, no intention of commiting guilty act
ignorance of the law is no excuse
Type of Defense
Duress
Fear of bodily injury caused you to commit a crime; this is an excuse
you still have both elements the state needs to convict you
Type of Defense
Entrapment
Commits the crime, but there is an intervening agent. You have been indicuded to commit a crime you wouldnt have committed otherwise
often pleaded but rarely succesful, jury does not buy it
Type of Defense
Self Defense
engaged in act out of fear for bodily harm
Constitutional defense
Vagueness
criminal laws must explicitly state what conduct is punishable
Constitutional Defense
Overbreadth
statute is applied too broadly
status defense
Infancy (minor)
certain crimes for which an individual cannot be punished due to their status. Depending on the severity of the crime, the individual can have their status changed
Status Defense
Insanity
the accused does not have the mens rea due to mental “incapacitation”; they weren’t aware of the severity of their actions
4th amendment 1791
Most litigated constitutional provision; prohibits agents of government from engaging in unreasonable search and seizure; personally sue the police officer
What is a search
A search violates a person’s reasonable expectation of privacy
Katz v. US
environment of telephone booth should be temporarily considered property because an individual has a reasonable expectation of privacy, therefore the police needed a warrant to tap the phone booth
Us v. White
Gov’t held that a person sharing criminal intent must accept the risk that comes with doing so (no expectation of privacy)
Us v. Jones
Police left GPS on accused’s car longer than what was specified in the warrant. The evidence obtained was inadmissable in court
General
Probable Cause
a reasonable likelihood that an illegal activity is occuring or has occured
For stops
Probable cause
an officer must have a particularized and objective basis for subjecting stopped to a search
MD v. Pringle
Stopped vehicle, ilicit substances can be seen through the window. Can everyone be searched? Yes
Arrest
in public
needs probable cause. a warrant is not necessary although it is advised
in home
arrest
needs warrant and probable cause
warrant is unnecessary is an extingent circumstance
Stop and Frisk
Must be reasonable and have probable cause. Police have the ability to pat down an arrested individual because their safety might be at risk
How do you know you have been arrested?
A reasonable person would not believe that they are free to leave
Exclusionary rule
to deter fishing expeditions or exceeding scope of warrants; prevents use of evidence gathered in violation of US constitution
Judicial Integrity
Government cannot use illegally obtained evidence in curt
Weeks Vs. Us (1914)
judicial integrity was a federally applied concept
