Test 1 Flashcards
Crime
An act committed in violation of a law prohibiting it, or omitted in violation of a law commanding it
Torts
Harms in civil law where the plaintiff demands restitution rather than punishment
The Sum of a Crime
Violation of a law Mens Rea Actus Reus Corpus Delicti Elements of the Offense Culpability Causation Result
Law
A body of rules of action or conduct prescribed by controlling authority which contain sanctions or legal consequences for failure to obey or comply
Rules
Statutes or ordinances
Formally written by legislative bodies
Mala in se
Evil or wrong in and of itself; inherent evil
Mala prohibita
Wrong because we say so through legislation
Sanctions
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
Where does authority of the law come from?
Legislative bodies at the federal state and local level
What are different types of courts?
You are supreme court US Court of Appeals federal trial courts state appellate courts in state trial court
What are the three grades of crime?
Felony, misdemeanor, and petty offenses
What is a felony?
A felony is defined as a serious offense being more grave or egg Regis and a misdemeanor
What is the misdemeanor
Cesar offenses less serious than a felony but more serious than a petty offense
What are the elements of a crime
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
What is conduct
An act or omission and it’s accompanying state of mind
What is actus reus?
A wrongful deed which renders the actor criminally liable if combined with mens rea; The physical aspect of a crime
What is mens rea?
Culpability; the mental aspect of a crime
What is possession?
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
What are the 4 miles of causation
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
What is proximate cause
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
What is the corpus delicti
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
What is culpability
Culpability is the conduct which is deserving of moral blame;
What are the four types of culpability
Intentional knowing negligent and reckless
What is intentional conduct
The design resolve or determination with which a person ask; the conscious objective to accomplish a given result through specific course of action
What is knowing conduct
Conduct which is world the product of a conscious design; awareness of the probable consequences
What is reckless conduct
Conscious disregard
What is complicity
The state of being an accomplice; involvement in the crime is a principle or accessory before the fact
What is an excess three before the fact
One who plans cooperates assists Eads counsel’s or butts in the perpetration of the offense
Inchoate crimes
In incipient crime that leads to another crime
What is authority
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
What is primary jurisdiction
Did geographic area within which of war enforcement officer or agent may exercise authority as defined in the enabling legislation that creates the agency
What is exclusive jurisdiction
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
Define investigate
To track or tricks
Define criminal investigation
The process of discovering collecting preparing identifying and presenting evidence to turn in what happened and who is responsible
Define deductive reasoning
A logical process in which conclusion follows from specific facts
Define criminalistics
Refers to specialists trained in recording, identifying an interpreting The minutia of physical evidence
What is the first determination in the criminal investigation?
Determining whether or not a crime, in fact has been committed.
What most investigators do in addition to proving a crime has been committed?
Figure out who committed the crime
What are the goals of a criminal investigation?
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.
Elements of a successful investigation include:
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.
Describe an overview of the investigative process:
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
What does determining whether a crime is been committed involve?
Knowing the individual elements of each major offense and the evidence that supports them in ascertaining whether they are present.
What is civil I ability?
Persons degree of risk of being sued.
What must the plaintiff in a tort action prove?
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.
What civil rights statue is there under which most actions are initiated against police for failure to comply with constitutional mandates
Title 42 United States code 1983
What must you do to successfully pursue an action in federal court under United States code 1983
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
What is the qualified immunity defense entail?
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
What is title 18 United States code 242
It involves failing to comply with constitutional mandate is interpreted by the courts which results in criminal action against the officer in federal
What must the federal prosecutor introduces evidence in order to demonstrate title 18 to 42
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
What is police authority
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
Where is police power come from
The state and specifically the laws that the state has in place
What is police power limited by
The rights guaranteed by the Constitution, the necessity of a legitimate public purpose, and reasonable exercise of that power
What does article 6 of the constitution mandate
It is the oath or affirmation to support the constitution of the United States by law-enforcement officials
What does the fourth amendment of the Constitution pertain to
It prohibits unreasonable search and seizure of persons or property
What does the fifth amendment of the Constitution pertain to you
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
