test Flashcards
How many amendments are in the bill of rights
10
What does article 2 establish
executive branch
Article to have a trial by jury
Article 3
Article 1
Legislative branch, state has courts inferiors to US courts
How many articles in the constitution
7
which source of law is above all
The constitution
what source of law is shared customs of people
Common law
Difference between PA vs US
PA is more about individual rights
what amendment has due process of states
14th amendment
statutory law is the largest single ________ (i forget the question)
True
Of the articles which is the most relevant to law enforcement
Article 1
Statutes are created by executive branch?
False
what kind of law is miranda
case law
Primary source of PA laws
statutes
propulsion of missiles into occupied vehicle or roadway
2707
(a) Occupied vehicles.– Whoever intentionally throws, shoots or propels a rock, stone, brick, or piece of iron, steel or other like metal, or any deadly or dangerous missile, or fire bomb, into a vehicle or instrumentality of public transportation that is occupied by one or more persons commits a misdemeanor of the first degree.
(b) Roadways.– Whoever intentionally throws, shoots, drops or causes to be propelled any solid object, from an overpass or any other location adjacent to or on a roadway, onto or toward said roadway shall be guilty of a misdemeanor of the second degree.
Discharge of a firearm into an occupied structure.
2707.1
(a) Offense defined.–A person commits an offense if he knowingly, intentionally or recklessly discharges a firearm from any location into an occupied structure.
(b) Grading.–An offense under this section shall be a felony of the third degree.
Recklessly endangering another person.
2705
A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.
Intoxication or drugged condition.
308
Neither voluntary intoxication nor voluntary drugged condition is a defense to a criminal charge, nor may evidence of such conditions be introduced to negative the element of intent of the offense, except that evidence of such intoxication or drugged condition of the defendant may be offered by the defendant whenever it is relevant to reduce murder from a higher degree to a lower degree of murder.
Prohibited offensive weapons
908
(a) Offense defined.–A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.
“Offensive weapons.” Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.
bodily injury
impairment of physical condition or substantial injury.
serious bodily injury
Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Deadly weapon.
any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or serious bodily injury, or any other device or instrumentality which, in the manner in which it is used or intended to be used, is calculated or likely to produce death or serious bodily injury.
the 7 defenses
1.) Ignorance for mistake
2.) intoxication
3.) entrapment
4.) consent
5.) duress
6.) guilty but mentally ill
7.) insanity
Or de minimus
states of mind
intentionally, knowingly, negligence, recklessly
the intention or knowledge of wrongdoing that constitutes part of a crime
mens rea
