Constitutional Law ✔️Ans - Rules and provisions found in the federal and
state constitutions from the basis of modern constitutional law
Statutory Law ✔️Ans - The body of law enacted by legislative bodies (as
opposed to constitutional law, administrative law, or case law). Written
laws
ex post facto law ✔️Ans - Laws written after the crime to punish an action
that has already taken place
Case Law ✔️Ans - based on an appealed case ruling, an appellate court
sets precedence for future cases. (old cases)
Ordinances ✔️Ans - local laws
letter of the law ✔️Ans - when an officer literally applies the law as it is
stated
Spirit of the law ✔️Ans - when an officer uses his or her discretion to
enforce the law
Criminal Law ✔️Ans - A law that defines crimes against the public order.
Civil Law ✔️Ans - Public violations of the law or private wrongs, non
criminal violations, also called TORTS
Redress ✔️Ans - to right a wrong
What is a crime? ✔️Ans - a violation of a criminal law, if convicted you
may be punished
elements of a crime ✔️Ans - The basic facts that must be proven by the
prosecution to sustain a conviction
intent ✔️Ans - The mental state that a person intended or meant to
commit a crime
,General Intent Crimes ✔️Ans - Intent is presumed and does not have to be
proven. Definition of a crime consists only of the description of a particular
act, without reference to intent
Transferred Intent ✔️Ans - when a defendant intends to harm one
individual, but unintentionally harms a second person
Criminal Negligence ✔️Ans - Behavior in which a person fails to
reasonably perceive substantial and unjustifiable risks of dangerous
consequences.
Attempt to commit a crime ✔️Ans - An act that goes beyond mere
preparation to commit a crime but that is not completed. still a crime
Felony ✔️Ans - (1) crime punishable by imprisonment in a state or
federal penitentiary for more than 1 year; (2) crime of greater offense than
a misdemeanor punishable by fine
Misdemeanor ✔️Ans - (n.) a crime or offense that is less serious than a
felony; any minor misbehavior or misconduct. punishable up to a year in
county jail or a fine
wobbler ✔️Ans - A crime that can be punished either as a felony or
misdemeanor
infraction ✔️Ans - A public offense punishable by only a fine. offender is
issued a citation rather than an arrest
perpetrator ✔️Ans - all persons involved in the misdemeanor or felony
committed
principals ✔️Ans - all principals to a crime can be arrested or prosecuted.
a principal does not need to be present
aiding and abetting ✔️Ans - a criminal action that arises from association
with and from assistance rendered to a person guilty of another criminal
act
, Accessory to a crime ✔️Ans - a person who knowingly assists another
person who has committed a serious indictable offence to evade arrest,
prosecution or conviction
accomplice to a crime ✔️Ans - with the intent that a crime be committed,
aims or encourages the principal before or during the commission of a
crime.
mere knowledge that a crime might result from the sale of ordinary goods
at ordinary prices is insufficient for accomplice liability.
People incapable of committing a crime ✔️Ans - under the age of 14,
mentally incapacitated, under ignorance or mistake of fact, without being
conscious, under threat or menace, accident
Laws of arrest ✔️Ans - Laws of arrest are defined as the body of laws that
dictate how the police may interact with a criminal subject.
4th Amendment ✔️Ans - Protection against Unreasonable Search and
Seizure
requires probable cause for the issuance of warrants
Fifth Amendment ✔️Ans - Freedom from being tried twice for the same
crime
Freedom from self incrimination
Sixth Amendment ✔️Ans - Right to a speedy and public trial
right to confront witness and the right to counsel during court
Fourteenth Amendment ✔️Ans - requires peace officers to apply the law
equally to all people
due process to all even non citizens
U.S. CODE 42, SECTION 1983 ✔️Ans - peace officers can be held
personally liable if, while acting under the color of the law, they deprive or
deny someone a legal right to which the person was entitled
U.S. Code, Title 18, Section 242 ✔️Ans - Deprivation of rights, under color
of law.
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