Criminal Digest Flashcards
(126 cards)
______________- with respect to a controlled dangerous
substance, means to produce, prepare, propagate, compound, convert, or process a controlled dangerous substance:
Manufacture
A member of the organized ________ may not be arrested on any process not issued by a military authority while going to, remaining at, or returning from a place that the member is required to attend for litany duty.
Militia
________________An out of court statement which is offered at trial, by someone who heard it, to establish the truth of the matter asserted in the statement. What the witness heard another person say. Generally inadmissible but can be admissible if certain exceptions apply, such as prior statements, excited utterances, dying declarations, statement against interest, etc.
Hearsay evidence
______________ is testimony about a relevant fact by a witness describing what he saw or knows of his own knowledge.
Direct evidence
_______________-means a person who:
(1) is using a controlled dangerous substance; and
(2) is in a state of psychological or physical dependence, or both,
that: (i) arises from administration of that controlled dangerous substance on a continuous basis; and
(ii) is characterized by behavioral and other responses that include a strong compulsion to take the substance on a continuous basis in order to experience its psychological effects or to avoid the discomfort of its absence.
Drug dependent person
__________________ A statement made by a declarant while believing his death was imminent, concerning the cause or circumstances of what the declarant believed to be his impending death, is admissible if the declarant is now unavailable as a witness. The courts have held that it is reasonable to assume that an individual who knows he is going to die is more likely to tell the truth than if he is in perfect health and under oath.
Dying Declarations
_____________- is the taking, seizing, or detaining of the person of another by touching or putting hands on him; or by any act that indicates an intention to take him into custody that subjects him to the actual control and will of the person making the arrest; or by the consent of the person to be arrested.
Arrest
__________________ Testimony given as a witness in any proceeding, or in a deposition taken in compliance with law, if the party against whom the testimony is now offered had an opportunity and motive to develop that testimony, and of the declarant is now unavailable as a witness.
Former testimony
_______________- means equipment, a product, or material that is used, intended for use, or designed for use, in: (i) planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, CDS (ii) injecting, ingesting, inhaling, or otherwise introducing into the human body a CDS (i) a kit used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant that is a CDS (ii) a kit used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing a CDS; (v) a scale or balance used, intended for use, or designed for use in weighing or measuring a CDS (vii) a separation gin or sifter used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; (viii) a blender, bowl, container, spoon, or mixing device used
Drug paraphernalia
__________________-does not require police to stop a person who enters a police station and states that he wishes to confess to a crime, or a person who calls the police to offer a confession or any other statement he desires to make
Voluntary confession
In reference to evidence ____________ matters pertaining to the issue through medium of persons qualified to testify
Competent
_________________- includes to prescribe, administer, package, label, or compound a substance for delivery.
Dispense
A relative of a child under ______ who knows that another person is the lawful custodian of the child may not:
(1) abduct, take, or carry away the child from the lawful custodian to a place within this State;
(2) having acquired lawful possession of the child, detain the child within this State for more than 48 hours after the lawful custodian demands that the child be returned;
(3) harbor or hide the child within this State, knowing that possession of the child was obtained by another relative in violation of this subsection; or
(4) act as an accessory to an act prohibited by this section.
16
The state or law enforcement has between 24 hours and _________ days after receiving a report of suspected neglect or suspected mental injury of a child who lives in this state to see the child, attempt to have an on-site interview with the caretaker and conduct an investigation.
5 days
________________ Given in relation to scientific, professional or technical matter by experts qualified to speak with authority by reason of their special training, skill or familiarity with subject at issue.
Expert Evidence
_______________ sworn statement
Testimonial Evidence
______________ is the indirect evidence, that from which something may be inferred
Circumstantial evidence
_________________ That which is so strong and convincing as to overbear all proof to the contrary beyond any reasonable doubt.
Conclusive Evidence
__________________ Not deemed sufficient unless corroborated by another witness, not an accomplice
Accomplice’s evidence
True or False: For purposes of criminal charges, there is no difference between an accessory before the fact and a principal. An accessory before the fact may be charged, tried, convicted, and sentenced for a crime regardless of whether the principal in the crime has been convicted or even charged with that crime.
True
How many schedules of controlled dangerous substances are there?
5
_____________________-means a studious and serious inquiry, examination, investigation, or experimentation designed to discover or accumulate data, theories, technologies, or applications for a governmental, scientific, educational, or proprietary purpose.
Research
True or False: When possible, the victim of the crime and the person accused should confront each other. Important admissions or identifications are often obtained this way.
True
Complete, accurate, truthful, convincing ________________, and plenty of it, is what secures convictions.
Evidence