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LEGAL TERM 2 FINAL
CRIMINAL LAW
| Question | Answer |
|---|---|
| SUBSTANTIVE LAW | WHAT IS THE CRIME, WHAT IS THE SUBSTANCE OF LAW |
| PROCCEDUAL LAW | METHODS USED TO ENFORCE THE LAW. PROCEDURES FROM TIME OF ARREST MOVING FORWARD. |
| BREAKING STATE LAW / FEDERAL LAW | TRIED IN DISTRICT OR COUNTY COURT / FEDERAL COURT |
| PROSECUTERS | REPRESENT THE GOVENMENT; DISTRICT ATTOREY, ATTORNEY GENERAL, JUDGES |
| COUNTY / CIRCUIT | MISDEAMEANORS / CIRCUIT FELONY |
| FEDERAL GOVERNEMENT | WOULD BE DISTRICT JUDGES |
| CAPITAL CRIMES | MURDER DEATH, DEATH PENALTY |
| FELONY | WORST CRIMES; RAPE, MURDER, LARCENY |
| MISDEMEANOR | LESS SERIOUS THEN FELONY |
| 1ST DEGREE / 2ND DEGREE / 3RD DEGREE | 1ST BEING WORST 2ND BEING LESS THEN FIRST ETC |
| SUMMARY OFFENCE | MINOR INFRACTIONS; DRINKING IN PUBLIC, LOITERING |
| PRINCIPAL | PERSON ACTUALLY COMMITING THE CRIME. DOES NOT ACTUALLY HAVE TO BE ON SITE BUT WILL BE VERY NEAR TO. ASSITING WHILE CRIME IS COMMITED |
| ACCESSORIES BEFORE FACT | PUNISHED SAME AS PRINCIPAL! PERSON WHO ASSISTS IN PLANNING OF THE CRIME BUT NOT PRESENT OR NEARBY DURING CRIME. |
| ACCESSORIES AFTER THE FACT | LESS SEVER PUNISHMENT! PERSON INVOLVED AFTER THE FACT, WHO HELPS HIDE EVIDENCE OR CRIMINAL KNOWINGLY |
| 5 CATORGORIES OF FELONYS | CAPITAL FELONY, LIFE FELONY, 1ST DEG, 2ND DEG, AND 3RD DEG |
| 2 PARTS OF EVERY CRIME | MENTAL "MENS REA"= INTENT TO COMMIT CRIME / PHYSICAL "ACTUS REA"= ACTUALLY COMMITING CRIME; ACTING ON INTENT |
| **TO BE CHARGED WITH A CRIME, ACTIONS MUST BE | VOLUNTARY |
| PERSONAL STATUS | TO BE CHARGED WITH A CRIME YOU MUST HAVE INTENT, BE CAUGHT OR THERE MUST BE EVIDENCE OF A CRIME. NOT JUST BE A CRIME DOER |
| MOTIVE | REASON WHY ONE WOULD WANT TO COMMIT CRIME. MOTIVE ALONE DOES NOT PROVE GUILT |
| BURGLARY | BREAKING AND ENTERING A DWELLING WITH INTENT TO COMMIT A FELONY |
| HOMICIDE | KILLING OF A HUMAN IN A MEANS OTHER THEN PRESCRIBED BY LAW |
| MURDER IN THE FIRST DEGREE "THE WORST" | PREMEDITATED AND SOMEONE DIES / A DEATH WHILE COMMITING FELONY, UNLAWFUL DISTRIBUTION OF DRUGS AND SOMEONE DIES |
| MANSLAUGHTER | WITH NO INTENT OR PREMEDITATION THERE EXISTS, GROSSLY NEGLIGENT BEHAVIOR AND AS A RESULT SOMEONE DIES: DRUNK DRIVING |
| AGGRIVATED MANSLAUGHTER | SAME AS ABOVE BUT DECEASED IS UNDER 18 OR OVER 65 |
| ASSAULT & BATTERY | JAIL TIME AND OR FINES |
| BATTERY | INTENTIONAL NON CONSENSUAL TOUCHING THAT IS EITHER OFFENSIVE OR HARMFUL. DOES NOT HAVE TO BE BY DEFENDANT CAN BE BY A DOG OR BULLET ETC |
| ASSAULT | WILLFULL ATTEMPT OR THREAT TO INJURE SOMEONE ELSE WITH THE ABILITY TO CARY OUT THE THREAT |
| SEX CRIMES | RAPE; SEXUAL INTERCOURSE VAGINA TO PENIS PENETRATION WITHOUT CONSENT SODEMY: UNNATURAL SEX ACT, ORAL, ANAL, SEX WITH ANIMALS PROSTITUTION: OFFERING ONES BODY FOR MONITARY GAIN PUBLIC NUDITY INDECENT EXPOSURE: RINATING IN PUBLIC |
| RAPE SHIELD LAWS | PROTECTS VICTIMS SEXUAL HISTORY FORM BEING DISCLOSED AS WELL AS IDENTITY |
| STATUTORY RAPE | SEXUAL CONDUCT WITH PERSON UNDER AGE SET BY STATE STATUTE |
| SOLICITATION OF SEX | SEEKING SEX OR SELLING SEX OR ENGAGING INSEX BY PAYING FOR IT |
| DEVIATE SEXUAL CONDUCT | CUNNILINGUS, ANAL SEX, FELATIO, ANAL LINGUIS |
| IN PLAIN VIEW DOCTRINT | NO SEARCH WARRANT NEEDE BY COP DUE TO EVIDENCE BEING IN PLAIN VIEW |
| BILL OF RIGHTS | PROTECTS OUR RIGHTS AGAINST OUR GOVT |
| PROBABLE CAUSE | IIN ORDER TO SEARCH SOMEONES PROPERTY OR ARREST SOMEONE THE POLICE MUST HAVE A SEARCH WARRANT. THEY OBTAIN ONE DUE TO PROBABLE CAUSE. THEY GET IT FROM A JUDGE |
| IMPARTIAL JUDGE | THE JUDGE THAT GRANTS SEARCH WARRANT |
| SEARCH WARRANT MUST STATE CLEARLY | ADDRESS, REASON, AND SPECIFICALLY WHAT THEY ARE LOOKING FOR |
| EXCLUSIONARY CLAUSE | EXCLUSION OF EVIDENCE FOUND DURING AN ILLEGAL SEARCH |
| FRUIT OF THE POISIONOUS TREE | THE CHAIN OF EVIDENCE FOUND DURING/AFTER THE INITIAL ILLEGAL SEARCH |
| 5TH AMENDMENT | YOU HAVE THE RIGHT TO REMAIN SILENT |
| FALSE IMPRISONMENT | NO MOVEMENT OF PERSON BUT THE UNLAWFUL RESTRAINT OF PHYSICAL LIBERTY |
| KIDNAPPING | PHYSICAL MOVEMENT BY FORCE OR THREAT OF BEING DETAINED |
| HATE CRIMES (PENALTY IS WORST) THEN OTHERS | MOTIVES BASED UPON COLOR, CREED, SEXUAL ORIENTATION, OR GENDER |
| ROBBERY (PERSONAL THREAT EXISTS) | THEFT OF PROPERTY THROUGH USE OF FORCE OR FEAR AGAINST A VICTIM |
| BURGLARY | UNLAWFULLY ENTERING DWELLING OF ANOTHER WITH INTENT TO COMMIT FELONY |
| LARCENY | THEFT, STEALING OF ANY KIND |
| ENBEZZELMENT | STEALING WHICH ARRISES OUT OF A POSITION OF TRUST |
| FORGERY | SIGING SOMONE ELSES SIGNATURE WITHOUT THEIR CONSENT OR MAKING A FALSE DOCUMENT |
| RECEIVING STOLEN PROPERTY | KNOWINGLY ACCEPTING |
| EXTORTION | BLACKMAIL, OBTAINING PROPERTY BY USE OF THREAT |
| IDENTITY THEFT | STEALING SOMEONES IDENTITY |
| SIMPLE / AGGRIVATED | NON USE OF DEADLY WEAPON / USE OF DEADLY WEAPON |
| RICO LAW FEDERAL LAW | RACKATEERING INFLUENCED AND CORUPT ORGANIZATION |
| SPEEDY & PUBLIC TRIAL | OUR RIGHTS THE 6TH AMMENDMENT |
| ARREST | PHYSICAL SEIZURE OF A PERSON BY THE GOVT |
| BOOKING | AT POLICE STATION: FINGER PRINTING, MUG SHOT, REMOVAL OF PERSONAL AFFECTS AND PLACED IN HOLDING CELL |
| INTIAL APPEARANCE | WITHING 48 HOURS BEFORE A JUDGE SO HE CAN SEE YOU AND MAKES SURE YOU ARE AWARE FO YUOR RIGHTS. BAIL MAY OR MAY NOT BE SET AND DOES NOT HAVE TO TAKE PLACE IN COURT ROOM |
| OWN RECOGNICANCE | RELEASE WITHOUT BAIL NEEDED. PROMISE TO RETURN ON NEXT COURT DATE |
| PLEA BARGAINING | NEGOTIATIONS BETWEEN GOVT AND DEFENSE ATTORNEY |
| ARRAINGMENT | AFTER PRELIMINARY HEARING. DEFENDANT PLEADS GUILTY OR NOT GUILTY ETC, JUDGE MAKES SURE DEFENDANT RIGHTS ARE BEING RESPECTED |
| TRIAL | WHERE CASE WILL BE HEARD |
| GRAND JURY | GROUP OF CITIZENS WHO MEET ONCE A MONTH TO HEAR CASES AND DECIDE IF ENOUGH EVIDENCE EXISTS TO INDITE DEFENDANT AND MOVE FORWARD. |
| INDITEMENT | STATES THERE IS ENOUGH EVIDENCE TO MOVE FORWARD WITH TRIAL |
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