Management 200: Intro to LawProfessor DawsonMWF 7:30-8:50April 21, 2014**Prosecutorial Discretion: prosecutor does not have to charge defendant with a crime even if they’ve met the definition…defenses continued from lecture on 4/18-Defense of Otherso You can use the same forceo To defend another persono That person could have usedo To defend himself/herself-Defense of Propertyo You can use reasonable forceo To defend your propertyo But NOT deadly force**Precedent states no deadly forceTest example: hear noise in the living room, see burglar walking out the front door with your stereo, you tackle him, he ends up being a 12 year old boy, you injure him seriously, you may have to defend yourself for felonyIf the guy is leaving: call 911, don’t act with violence, is it worth it? Only for your stereo-Parent/Teacher/Carrier (person who transports people: taxi, bus, train, plane, etc)o Can use reasonable force to carry out their duties-Insanity Ruleo At the time of the acto Because of a mental disease/defecto Not understand nature and quality of actions- ORo Not know right from wrong-Entrapmento Defendant induced to commit a crimeo He was not predisposed to commitNo threat to yourself or othersApril 23, 2014Criminal ProcedureSubstance: Crimes, DefensesVS.Procedures: how we process cases-Police ActivitySurveillanceSearchSeizureQuestioningSourcesArrest-Evidence-Witnesses-Cross examination-Motions-Argument-Juries-AppealSearch and Seizure LawHistory: used to not exist, not mentioned in the U.S. Constitution, in an amendmento 4th Amendment The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated And no warrants shall issue but on probable cause supported by oath or affirmation particularly describing the place to be searched and the person or things to be seizedo Exclusionary Rule A non-warrant search is unconstitutional and the evidence is excluded unless an exception applieso Exceptions to the general rule requiring a search warrant prior to a search1. Search incident to arrest (at time of arrest)Person and “lunge area”2. Exigent (emergency) circumstances3. Plain view4. Consent5. Automobile-----very complicated, simple for this class= since automobiles move and evidence can get away, there are more details and allowance for automobiles (compared to a house, for example)6. Stop and Frisk---reasonable suspicion, in order to make the police officer feel secure they have the authority to stop and frisk a person while