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LEGAL TERM 2 FINAL

CRIMINAL LAW

QuestionAnswer
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
Created by: 1196925183
 

 



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