test Flashcards
How many amendments are in the bill of rights
10
What does article 2 establish
executive branch
Article to have a trial by jury
Article 3
Article 1
Legislative branch, state has courts inferiors to US courts
How many articles in the constitution
7
which source of law is above all
The constitution
what source of law is shared customs of people
Common law
Difference between PA vs US
PA is more about individual rights
what amendment has due process of states
14th amendment
statutory law is the largest single ________ (i forget the question)
True
Of the articles which is the most relevant to law enforcement
Article 1
Statutes are created by executive branch?
False
what kind of law is miranda
case law
Primary source of PA laws
statutes
propulsion of missiles into occupied vehicle or roadway
2707
(a) Occupied vehicles.– Whoever intentionally throws, shoots or propels a rock, stone, brick, or piece of iron, steel or other like metal, or any deadly or dangerous missile, or fire bomb, into a vehicle or instrumentality of public transportation that is occupied by one or more persons commits a misdemeanor of the first degree.
(b) Roadways.– Whoever intentionally throws, shoots, drops or causes to be propelled any solid object, from an overpass or any other location adjacent to or on a roadway, onto or toward said roadway shall be guilty of a misdemeanor of the second degree.
Discharge of a firearm into an occupied structure.
2707.1
(a) Offense defined.–A person commits an offense if he knowingly, intentionally or recklessly discharges a firearm from any location into an occupied structure.
(b) Grading.–An offense under this section shall be a felony of the third degree.
Recklessly endangering another person.
2705
A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.
Intoxication or drugged condition.
308
Neither voluntary intoxication nor voluntary drugged condition is a defense to a criminal charge, nor may evidence of such conditions be introduced to negative the element of intent of the offense, except that evidence of such intoxication or drugged condition of the defendant may be offered by the defendant whenever it is relevant to reduce murder from a higher degree to a lower degree of murder.
Prohibited offensive weapons
908
(a) Offense defined.–A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.
“Offensive weapons.” Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.
bodily injury
impairment of physical condition or substantial injury.
serious bodily injury
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Deadly weapon.
any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrumentality which, in the manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury.
the 7 defenses
1.) Ignorance for mistake
2.) intoxication
3.) entrapment
4.) consent
5.) duress
6.) guilty but mentally ill
7.) insanity
Or de minimus
states of mind
intentionally, knowingly, negligence, recklessly
the intention or knowledge of wrongdoing that constitutes part of a crime
mens rea
name of the insanity plea test
The M’Naghten Rule
requirments for a crime to be crime
de minimus rule
title 18
crimes code
murder in the moment and heat of passion
voluntary manslaughter
2711
a rule/procedure to arrest someone during a domestic without a warrant
when can intoxication be used as a defense
to lessen a murder charge
simple assault grading
m2 or m3 if there’s mutual consent
if someone dies from drugs you gave them whos at fault
person who gave them the drugs
what is it if people are throwing Molotov’s or other items out a car
propulsion of missiles into an occupied vehicle or roadway
race related crime to terrorize or hurt a business because of the owners race, or religion
ethnic intimidation
actus reas
action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.
when involved in another jurisdiction what protects you from lawsuits while working in another jurisdiction
mutual aid agreement
what to do if you need to work in another jurisdiction
notify the other police department and get permission
criminal suit vs. civil suit
criminal- beyond a reasonable doubt
civil- preponderance of evidence
who creates statutes
legislature
someone doesn’t pay tab
S. 3926 Theft of services.
fail to act
omission
to be charged with simple assault do you need to be physical
no
physical menace
carelessly
is NOT a state of mind
max term punishments
f2 max no more than 20
f3 max no more than 10
M3 max 1 year
summary max 90 days
if the victim is under 13 is it a defense to not know age
no defense
if not enough evidence is presented
the de minimus infraction
running naked in rain in public
public indecency
lets her boyfriend in her house when she knows hes being searched by police
hindering prosecution
removing things from someone’s car
theft from motor vehicle
man has crowbar around a house that was broken into
possessing instrument of crime
do you need all the elements of a crime to arrest
true
brick, sawed off shotgun less than 18 in., switchblade
all offensive weapons
is ignorance of crime a defense
no
doesn’t have ID so he gives a fake name
False Identification to a leo
tries to steal phone and the victim gets it back before he grabs it
attempted robbery
murder degrees
1st- intentionally
2nd- while committed in a felony
3rd- any other murder
pushes woman while comiting felony and she hits her head then dies
2nd degree murder
voluntary vs involuntary manslaughter
voluntary- with passion
involuntary- accident, negligently
points gun at someone
simple assault
steals from someone’s car while they are there
robbery of motor vehicle
summary offense max jail time
no more than 90 days
M3 max jail time
1 year
