Terms for Exam 3 Theme Knowing Your Individual Legal Rights Criminal Law Terms Mens rea criminal intent o malice aforethought Planning the crime o Criminal mind with intent premeditation Actus reus o Voluntary physical act of the crime o Committing a crime However not all typical crimes have the above Strict liability crime o Crime that you had no intent to do o Not voluntary Felony o 1 or more years o D A Superior Court Misdemeanor maximum is up to 12 months in prison and 1 000 in fines for each misdemeanor District attorney o Prosecutes felonies o Superior court felony Solicitor s office o Prosecutes misdemeanors o State court misdemeanor Crimes o Federal U S attorney s Torts civil Negligence per se o 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 Homicide o Unlawful taking of a life 1 Involuntary manslaughter o You commit a crime which is not a felony and somebody dies o No intent o Carries a 1 10 year term in jail o Example DUI 2 Voluntary manslaughter o No intent o 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 years 3 Felony murder o 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 killing o You take your friends to eat somewhere you wait in the car they shoot someone inside and then tell you to drive afterwards o Armed robbery 10 20 years on the first offense 4 Malice Murrrrrrrrrrrrrrrrrrrrrder o Express Malice o Premeditated taking of a life o Death penalty is possible in GA o Implied Malice o No intent o 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 defense o A justification defense defendants may justify their actions by saying they acted to defend themselves To establish the necessary elements to constitute selfdefense 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 force o No longer have a duty to retreat if the opportunity presents itself Defense 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 robbery DUI 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 14th 4th Terry v Ohio 4th 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 suspicion o Something less than probable cause o Police s good estimate that something s going on Warrant 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 warrant What is suppressed evidence A failure to mention or otherwise acknowledge important relevant evidence Exclusionary rule o A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct o What evidence will be suppressed at a suppression hearing way before trial o Suppression hearing talks about what evidence was tainted or bad because the police messed up o 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 excluded unless the police would have found it anyway Evidence 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 search o 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 lawful o Example Getting pulled over for having a shiny sports car is not lawful hot pursuit o Piping hot pursuit they do not need a warrant to close into dwelling o 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 block o Lawful as long as police have discretion o If they pullover every 5th car then its not discretion Maryland case p 157 Probable cause to take DNA upon arrest Riley case p 158 Police need warrant to search cell phone upon arrest 5th due process 5th federal 14th states 2 points grand jury o 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 jeopardy o 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 statues Right against self incrimination taking the 5th during a custodial interrogation moment of arrest from the time of arrest and on to the police station Shutup eminent domain Right of the government to take your property for a public purpose for fair and just compensation Example State wants to widen the street your land will be a part of it then they have the right o They may have the right but the compensation is completely dependent on them if you don t agree with it you should get an eminent domain attorney to figure out