Section 1.3 Flashcards
If an officer wants to arrest someone they must prove all the elements of a crime. True or False
True
If a prosecutor wants to prosecute they need to prove all the elements of a crime. True or False
True
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.
True
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
True
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
True
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?
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.
Do elements of the crime vary dramatically between each jurisdiction?
Yes
When officers arrive they need to determine what?
If a crime was even committed
Example, if you arrive and someone says that somebody threw a rock into their windshield. Would this be a crime?
Yes
Example, a meteorite hits someones windshield. Is that a crime?
No
After determining if a crime has been committed what is the next step?
Determining who did it
After you have determined if a crime was committed and determined who did it the next step is to?
Gather enough evidence to convict in court
You must be able to prove _______ _________ __________- that the person did it in the court of law.
Beyond a Reasonable Doubt
Most criminals stick to the same ____?
MO
Modus Operandi
Mode of Operation
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?
MO