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Criminal Investigations > Test 1 > Flashcards

Test 1 Flashcards

1
Q

Crime

A

An act committed in violation of a law prohibiting it, or omitted in violation of a law commanding it

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2
Q

Torts

A

Harms in civil law where the plaintiff demands restitution rather than punishment

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3
Q

The Sum of a Crime

A 
Violation of a law 
Mens Rea
Actus Reus 
Corpus Delicti
Elements of the Offense 
Culpability 
Causation 
Result
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4
Q

Law

A

A body of rules of action or conduct prescribed by controlling authority which contain sanctions or legal consequences for failure to obey or comply

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5
Q

Rules

A

Statutes or ordinances

Formally written by legislative bodies

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6
Q

Mala in se

A

Evil or wrong in and of itself; inherent evil

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7
Q

Mala prohibita

A

Wrong because we say so through legislation

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8
Q

Sanctions

A

Penalty or other mechanism of enforcement used to provide incentives for obedience with the law or with rules or regulations; punishment attached to conviction of crimes; may include fines imprisonment probation parole

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9
Q

Where does authority of the law come from?

A

Legislative bodies at the federal state and local level

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10
Q

What are different types of courts?

A

You are supreme court US Court of Appeals federal trial courts state appellate courts in state trial court

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11
Q

What are the three grades of crime?

A

Felony, misdemeanor, and petty offenses

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12
Q

What is a felony?

A

A felony is defined as a serious offense being more grave or egg Regis and a misdemeanor

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13
Q

What is the misdemeanor

A

Cesar offenses less serious than a felony but more serious than a petty offense

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14
Q

What are the elements of a crime

A

Those constituent parts of a crime which must be proven by the prosecution to sustain a conviction: the actus reus, the mens tea, causation, culpability

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15
Q

What is conduct

A

An act or omission and it’s accompanying state of mind

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16
Q

What is actus reus?

A

A wrongful deed which renders the actor criminally liable if combined with mens rea; The physical aspect of a crime

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17
Q

What is mens rea?

A

Culpability; the mental aspect of a crime

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18
Q

What is possession?

A

And act where the possessor knowingly procured or received the thing being possessed or was aware of his control there of for a sufficient period of time

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19
Q

What are the 4 miles of causation

A

The alleged calls must be an antecedent of the result; the legend calls must be necessary for the results; alleged calls must be sufficient for the result; there must be no intervening factors

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20
Q

What is proximate cause

A

That which in the natural and continuous sequence unbroken by any efficient or intervening cause produces injury without which the result would not have occurred

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21
Q

What is the corpus delicti

A

The body of the crime; the objective proof or substantial facts that a crime has been committed and that song was responsible for inflicting the injury or loss which was sustained

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22
Q

What is culpability

A

Culpability is the conduct which is deserving of moral blame;

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23
Q

What are the four types of culpability

A

Intentional knowing negligent and reckless

24
Q

What is intentional conduct

A

The design resolve or determination with which a person ask; the conscious objective to accomplish a given result through specific course of action

25
Q

What is knowing conduct

A

Conduct which is world the product of a conscious design; awareness of the probable consequences

26
Q

What is reckless conduct

A

Conscious disregard

27
Q

What is complicity

A

The state of being an accomplice; involvement in the crime is a principle or accessory before the fact

28
Q

What is an excess three before the fact

A

One who plans cooperates assists Eads counsel’s or butts in the perpetration of the offense

29
Q

Inchoate crimes

A

In incipient crime that leads to another crime

30
Q

What is authority

A

The right permission or power to act as in the permission of principal gives to his agent to act on his behalf the power of a law-enforcement officer has in the lawful exercise of his duties

31
Q

What is primary jurisdiction

A

Did geographic area within which of war enforcement officer or agent may exercise authority as defined in the enabling legislation that creates the agency

32
Q

What is exclusive jurisdiction

A

Do you legal area or criminal activity would show law-enforcement officer or even see my exercise authority interest diction for enforcement to the execution of all of that

33
Q

Define investigate

A

To track or tricks

34
Q

Define criminal investigation

A

The process of discovering collecting preparing identifying and presenting evidence to turn in what happened and who is responsible

35
Q

Define deductive reasoning

A

A logical process in which conclusion follows from specific facts

36
Q

Define criminalistics

A

Refers to specialists trained in recording, identifying an interpreting The minutia of physical evidence

37
Q

What is the first determination in the criminal investigation?

A

Determining whether or not a crime, in fact has been committed.

38
Q

What most investigators do in addition to proving a crime has been committed?

A

Figure out who committed the crime

39
Q

What are the goals of a criminal investigation?

A

To determine whether crime is been committed, legally obtain information and evidence 25 a responsible person, arrested the person, recover stolen property, present the best possible case to the prosecutor.

40
Q

Elements of a successful investigation include:

A

Following a logical sequence, obtaining all physical evidence legally, all witnesses or affectively interviewed, interrogating legally all suspects, developing all leads thoroughly, accurately and completely recording and reporting all details of the case.

41
Q

Describe an overview of the investigative process:

A

Reporting prime to the police, initial investigation; determining basic facts of the case and resting suspects of present, key screening; deciding whether to continue with the investigation, follow up investigation; pursuing leads developed earlier, case preparation; present in case the cop prosecutor, prosecution attempting to get a conviction

42
Q

What does determining whether a crime is been committed involve?

A

Knowing the individual elements of each major offense and the evidence that supports them in ascertaining whether they are present.

43
Q

What is civil I ability?

A

Persons degree of risk of being sued.

44
Q

What must the plaintiff in a tort action prove?

A

That the defendant had a duty defendant breached that duty there was a causal connection between the breach of the duty in the plaintiffs injuries and the entering of the plaintiff resulted from the breach.

45
Q

What civil rights statue is there under which most actions are initiated against police for failure to comply with constitutional mandates

A

Title 42 United States code 1983

46
Q

What must you do to successfully pursue an action in federal court under United States code 1983

A

Prove that the depression defendant deprived the injured party of rights privileges or immunities secured by the constitution are the last two United States, and the defendant Lichtenstein the actions brought acted on the color of statue ordinance regulation custom or usage

47
Q

What is the qualified immunity defense entail?

A

The Protech’s government officials performing discretionary functions from liability for civil damages in so far as the contract does not violate clearly establish statutory or constitutional rights of which a reasonable person should’ve know

48
Q

What is title 18 United States code 242

A

It involves failing to comply with constitutional mandate is interpreted by the courts which results in criminal action against the officer in federal

49
Q

What must the federal prosecutor introduces evidence in order to demonstrate title 18 to 42

A

That the person in charge was acting under color of law but there was deprivation of rights protected by the Constitution and that the defendant acted willfully or intentionally to the proper person of the rights

50
Q

What is police authority

A

It is authority granted to law-enforcement officers an agent so they may carry out the duties of the position it is granted by statute ordinance in some cases court decision

51
Q

Where is police power come from

A

The state and specifically the laws that the state has in place

52
Q

What is police power limited by

A

The rights guaranteed by the Constitution, the necessity of a legitimate public purpose, and reasonable exercise of that power

53
Q

What does article 6 of the constitution mandate

A

It is the oath or affirmation to support the constitution of the United States by law-enforcement officials

54
Q

What does the fourth amendment of the Constitution pertain to

A

It prohibits unreasonable search and seizure of persons or property

55
Q

What does the fifth amendment of the Constitution pertain to you

A

This is for the right to a speedy trial and public trial by impartial jury is the right to be confronted by witnesses against him and the rights to have assistance of counsel for his defense

Criminal Investigations (1 decks)

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