Criminal Law TermsEmployment Law Terms Perry Binder, J.D.ProcedureDirect evidence of discrimination or “adverse impact”1. Religious discriminationDamages – VII & ADAOther employment issuesConsumer Law TermsTerms for Exam 3Theme: Knowing Your Individual Legal RightsCriminal Law Terms- Mens rea (criminal intent)o malice aforethought = Planning the crimeo Criminal mind with intent (premeditation)- Actus reuso Voluntary physical act of the crimeo Committing a crimeHowever, not all typical crimes have the above:- Strict liability crimeo Crime that you had no intent to doo Not voluntary- Felonyo 1 or more yearso D.A. Superior Court- Misdemeanor – maximum is up to 12 months in prison and $1,000 in fines (for each misdemeanor)- District attorneyo Prosecutes felonieso Superior court (felony)- Solicitor’s officeo Prosecutes misdemeanorso State court (misdemeanor)- Crimeso Federal; U.S. attorney’s- Torts – civil- Negligence per seo If you are convicted of a crime, which has a rational relationship to a future civil action, then that conviction will act as conclusive proof of liability in the civil action.Homicideo Unlawful taking of a life1-Involuntary manslaughtero You commit a crime which is not a felony and somebody dieso No intento Carries a 1-10 year term in jailo Example: DUI2-Voluntary manslaughtero No intento No premeditation, even though you know you killed someone. Didn’t have time to think or appreciate.o Crime of passion, you killed someone in the heat of the moment without thinking about it.o On first offense, 1-20 years3-Felony murdero During commission of dangerous felony, someone died and you didn’t cause it – going away for life.o You are part of a dangerous felony (7 of them, example: ARMED ROBBERY) somebody dies and you didn’t even do the killingo You take your friends to eat somewhere, you wait in the car, they shoot someone inside and then tell you to drive afterwardso Armed robbery: 10-20 years on the first offense.4-Malice Murrrrrrrrrrrrrrrrrrrrrdero Express Maliceo Premeditated taking of a lifeo Death penalty is possible in GAo Implied Maliceo No intento Homeless guy went through the windshield, girl drove home, and the guy bled out and died, the girl hid/buried the body with her boyfriend, she told her friend on accident months later, got 50 years of jail.o You caused someone’s death with a depraved and abandoned heart, you’re mentally impaired, you’re just a sick and twisted individual.Self-defenseo A justification defense, defendants may justify their actions by saying they acted to defend themselves. To establish the necessary elements to constitute self-defense, the defendant must have acted under a reasonable belief that he was in danger of death or great harm and has no means of escape from the assailant. o When you or a third-person face imminent death or substantial bodily harm, you can use deadly forceo No longer have a duty to retreat, if the opportunity presents itselfDefense of home- Deadly force is justified against an intruder who is reasonably believed to intend to commit a felony (there is no duty to retreat)- If someone is committing upon personal harm to you or robberyDUI- Driving under the influence of alcohol or any mind altering substance- “in control of the vehicle”THE AMENDMENTS*The test will feature scenarios and the answer choices will be A. 4 B. 5 C. 6 D. 8 E. 14“Which amendment that followed federal Due Process?” = B. 5th“Which follows the state Due Process?” = E. 14th4thTerry v. Ohio (4 th amendment)- The guy exhibited a bulge on him, police pat him down, the bulge turns out to be drugs- stop and frisk (quick pat down for weapon)- reasonable suspiciono Something less than probable causeo Police’s good estimate that something’s going onWarrant - Police need probable cause, based on objective, articulated facts that a crime is going down- A legal paper, issued by a court, giving police permission to make an arrest, seizure, or search- exigent circumstances – no warrant needed- Emergency circumstances- Example: Police didn’t have a warrant to search OJ Simpson’s house, because they saw blood, so in the case of Homicide there wouldn’t be warrantWhat is suppressed evidence?- A failure to mention or otherwise acknowledge important, relevant evidence- Exclusionary ruleo A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conducto What evidence will be suppressed at a suppression hearing way before trialo Suppression hearing: talks about what evidence was tainted or bad becausethe police messed upo Fruit of the poisonous tree doctrine If tainted evidence (note) leads to more evidence (under the tree where more cocaine was found), the new evidence is also excludedunless the police would have found it anywayEvidence in plain view- Where the public can see something, and a warrant is not needed- If police are present and the evidence is in plain view, that would be suppressed-automobiles- permission to searcho you give the ploice permission- what is a lawful stop?o Police have a reason to pull you over- random stop o Purely random stops are not lawfulo Example: Getting pulled over for having a shiny sports car is not lawful- hot pursuito Piping hot pursuit, they do not need a warrant to close into dwellingo If the police are right behind you and you are running from them, then they don’t need a warrant to search the places you ran through - Road blocko Lawful as long as police have discretiono If they pullover every 5th car, then its not discretionMaryland case, p. 157- Probable cause to take DNA upon arrestRiley case, p. 158- Police need warrant to search cell phone upon arrest5thdue process – 5th (federal) 14th (states) +2 points- grand juryo Where a group of 23 to 36 citizens, sit and listen to a prosecutor to see if there’s enough evidence for an indictment (only applies to felonies)o These people determine if there is enough evidence to go to trial Done in secret, defendant can be there be not the defendants attorney No evidence is suppressed- double jeopardyo Cannot be criminally charged twice for the same crime… however…o You could be charged from federal crime and the state and it wouldn’t be double jeopardy Same crime, different statuesRight against self-incrimination – taking the 5th during a custodial interrogation (moment of arrest), from the time of arrest and on to the police