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Flashcards in Exam 2 Deck (39):
1

There are no common law crimes in the United States

There are no common law crimes in the United States

2

Most crimes consist of both a prohibited act and a criminal intent

Most crimes consist of both a prohibited act and a criminal intent

3

Two kinds of criminal acts?

General intent and specific intent

4

A general intent offense only requires the intent to do the prohibited act.

A general intent offense only requires the intent to do the prohibited act.

5

A specific intent offense requires proof of a particular mental state.

A specific intent offense requires proof of a particular mental state.

6

How can a suspect prove intent?

By Admission, confession and statements

7

Federal crime of murder

18USC1111

8

18USC3559

Federal felony more than one year in prison

9

Misdemeanor

An offense of maximum prison leas than a year

10

Jurisdiction

Is the power of the government to act when a criminal offense has been committed

11

Exclusive federal jurisdiction

Provides ONLY the United States government with criminal jurisdiction over the area

12

Concurrent Jurisdiction

Both the United States government and the state government where the property is located

13

Committing a crime in concurrent jurisdiction?

Can be charged twice by state and federal for the crime

14

Proprietary jurisdiction

Means that the United States has no more authority over the area than any other owner of private property

15

Statutory Law

All criminal law crimes in the United States are found in written statutes

16

Attempted battery

Is an unsuccessful battery but it is still chargeable

17

Battery

Is an intentional, harmful or offensive touching another person without consent

18

A person does not need to actually touch another with his own body to commit a battery. Objects that are held by a person are considered extensions of the body

A person does not need to actually touch another with his own body to commit a battery. Objects that are held by a person are considered extensions of the body

19

If John hits bob with a bat or throws a rock he has committed a battery

If John hits bob with a bat or throws a rock he has committed a battery

20

18 USC 111

Assault

21

18 USC 111

Protects former, current federal employees and every person who assists a federal employee or assaulted off duty if the suspect knew and had knowledge of the person being a federal employee

22

18 usc 111 makes it a crime to forcibly assault, resist, oppose, impede, intimidate or interfere.

Examples punching a cops door or hood and approaching an officer in a violent way clinger fists

18 usc 111 makes it a crime to forcibly assault, resist, oppose, impede, intimidate or interfere.

Examples punching a cops door or hood and approaching an officer in a violent way clinger fists

23

18 USC 201

Bribery

24

To charge a defendant with bribery under 18 usc 201, the government must prove that A THING OF VALUE was given, offered, promised, demanded, sought or accepted.

To charge a defendant with bribery under 18 usc 201, the government must prove that A THING OF VALUE was given, offered, promised, demanded, sought or accepted.

25

Examples of things of value

Money, automobiles, jewelry, promises of future employment, sex, and all expense paid trips or vacations

Examples of things of value

Money, automobiles, jewelry, promises of future employment, sex, and all expense paid trips or vacations

26

Who can you ask as far as gratuities?

Ethics Counselor

27

18 USC 1581

Peonage

28

Peonage

Compulsory servitude based on indebtedness

29

18 USC 1589

Forced Labor

Obtained by force, threats, abuse of law or legal process

30

18 USC 1591

Sex trafficking

Coercive commercial sex

Commercial sex with children. NO COERCION REQUIRED

31

What constitute REP?

Demand and demonstrate REP and society agrees what expectations of REP

32

There is no REP in open fields and abandoned property

There is no REP in open fields and abandoned property

33

Explain Jones factor

Government trespass to gather information

Example the dog sniffing around the car for information

Phone booth is KATS
Jones is the GPS

34

The Aguilar test

The credibility and the informants basis of knowledge

35

The gates

Totality of circumstances

36

Exceptions to exclusionary rule

Impeachment- when a defendant takes the witness stand and testifies falsely

Good faith - evidence seized by the government in good faith, the warrant is needed up. Is not your fault

Inevitable Discovery- if two officers search a su nueve and one conducts an unlawful search but the other officer would have found the evidence because he did a good search.

No standing- the suspect has no REP where someone else has REP

37

What is the purpose of the Exclusionary rule?

To prevent police misconduct

38

Who developed the exclusionary rule?

Supreme Court

39

What is the scope of the exclusionary rule?

Must be used at trial