Preliminary Investigation Flashcards
Crime Scene triangle points
Victim, suspect, crime scene
Chain of Custody
You find it you document it
Rule 16
DA gets judge to get DNA warrant
Rule 411
Investigator gets DNA warrant to match up and rule out suspects
Discovery
Evidence and documentation pertaining to a case, everything must be shared with defense
4 Common Culpable mental states
Purposeful-intentional
Knowingly
Recklessly
Negligent
Strict Liability (speeding or hunting)
Locard principle (Exchange Principle)
that you will walk into somewhere and leave something and take something out (like hair or mud)
Actus Rea
The act of the crime, guilty act
Mens Rea
Mental state is an element of the crime, prosecution must prove mental state for specific intent crimes
Hearsay Law use
Can not testify to hearsay if adult is alive. Must be dead to enter hearsay. Child may allow hearsay to a case, get forensic interviewer for extra support in the case.
Who all can testify as an expert whitness
Crime Scene Investigators
Lab Techs
Evidence Techs
Specific intentional Crime/ Mental State
murder intentionally tried to kill someone
General Intent Crimes
Knowingly and recklessly, (driving recklessly resulting in injury, assault with SBI)
Inchoate Offense
Incomplete crimes, trying to comit or indirectly participating in it. (solicitation to commit a crime or being an accomplice)
Exemptions of Criminal Culpability
abandonment (prior to commision of the act the person terminated their effort to commit and warned either police or victim)
or
intoxication ( self induced intoxication is not a defense for a crime, but can change culpable mental state for specific intent crimes only)
