Quiz #3 Con law Flashcards
What are the elements of a crime of “Theft”?
With Intent, knowingly takes and retains moveable property of another
Without consent of the owner, with intent to permanently deprive
What are the elements of the crime of “burglary”?
With intent, knowingly entered a building/dwelling of another, without consent of the owner or person in possession of, with intent to steal or commit a felony
What are the elements of the crime “criminal damage to property”
- Knowingly caused damage to physical property of another
- with intent caused the damage
- without the consent of owner
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Generally, what amount of monetary loss or damage is needed for a crime to become a felony?
$2500
What are the main tenants of the 4th amendment?
- Right against unreasonable searches and seizures
- no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
What are the main tenants of the 5th amendment?
- no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury
- No person be subject for same offense to be twice put in jeopardy of life or limb
- No person be witness against himself
- Due process of law
- No land taken without just compensation
What are the main tenants of the 6th amendment?
- Right to speedy and public trial
- Trial by an impartial jury
- informed of the nature and cause of the accusation
- confronted with the witnesses against him
- witnesses in his favor
- to have assistance of counsel
What is the social contract theory and how does it relate to law enforcement?
When establishing a government, people give up some of their personal freedom and give the government the authority to enforce laws and agreements.
- government must be just and fair or social contract is broken.
