Section 1.3 Flashcards

1
Q

If an officer wants to arrest someone they must prove all the elements of a crime. True or False

A

True

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2
Q

If a prosecutor wants to prosecute they need to prove all the elements of a crime. True or False

A

True

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3
Q

If any of the elements of the crime are not true the person has not committed the crime because it lacks an element of the crime. True or False.

A

True

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4
Q

Example, a woman is injured inside a home and she is screaming for someone to help her and you are a firefighter and you go in you could argue that there was permission and breaking down the door was not illegal because you were not there to commit a crime you were just there to help. True or False

A

True

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5
Q

When congress writes laws and they decide if something is going to be illegal or not they have elements of crime. For example, to prove a burglary:
1. entrance to the home
2. without the consent of the homeowner
3. with the intent of committing a crime
True or False

A

True

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6
Q

Example, if you were in Montana hunting and it is 20 degrees and you are lost. If you find a cabin and go in because you are going to freeze to death is it considered a crime?

A

No. You had not intent to commit and crime. If any of the elements of the crime are missing and they are it is not a crime.

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7
Q

Do elements of the crime vary dramatically between each jurisdiction?

A

Yes

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8
Q

When officers arrive they need to determine what?

A

If a crime was even committed

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9
Q

Example, if you arrive and someone says that somebody threw a rock into their windshield. Would this be a crime?

A

Yes

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10
Q

Example, a meteorite hits someones windshield. Is that a crime?

A

No

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11
Q

After determining if a crime has been committed what is the next step?

A

Determining who did it

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12
Q

After you have determined if a crime was committed and determined who did it the next step is to?

A

Gather enough evidence to convict in court

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13
Q

You must be able to prove _______ _________ __________- that the person did it in the court of law.

A

Beyond a Reasonable Doubt

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14
Q

Most criminals stick to the same ____?

A

MO
Modus Operandi
Mode of Operation

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15
Q

Example, if you are a burglar and you hit 100 homes you are going to use the same technique most of the time. This refers to what?

A

MO

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16
Q

Single family dwelling, never apartments

break open the back door at 3am with a screwdriver and the home owners are never home. These are all examples of what?

A

MO

17
Q

What is either information or potential information that could lead you to the bad guy?

A

Leads

18
Q

How do you know when you are done with a case?

A

There are no leads

19
Q

Anytime you have a lead as an investigator you must follow it. True or False

A

True

20
Q

Example, if you find a dead body with a rose in his hand and he has been shot from close range. What is a potential lead?

A

the rose in his hand

21
Q

Who should you look for if a dead person has been shot at close range and has a rose in his hand?

A

Women that he is involved with

22
Q

Evidence that is not just stuff that you can look at and see with your eyes. What type of evidence is this?

A

Trace Evidence

23
Q

Example, dead body with a rose in hand. The rose is not the trace evidence. Trace evidence is things like _________ on the wine glass on the table next to him. It could also be ___ _______ found on top of the blood stain on the floor.

A

Fingerprints

hair fibers

24
Q

Fibers from the dead person’s clothes found on the suspect is an example of what?

A

Trace Evidence

25
Q

Trace evidence is what?

A

Things you cannot see with the naked eye