April 21 2014 Prosecutorial Discretion prosecutor does not have to charge defendant with a crime even if they ve met the definition Management 200 Intro to Law Professor Dawson MWF 7 30 8 50 defenses continued from lecture on 4 18 Defense of Others o You can use the same force o To defend another person o That person could have used o To defend himself herself Defense of Property o You can use reasonable force o To defend your property o But NOT deadly force Precedent states no deadly force No threat to yourself or others Test 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 felony If 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 Rule o At the time of the act o Because of a mental disease defect o Not understand nature and quality of actions OR o Not know right from wrong Entrapment o Defendant induced to commit a crime o He was not predisposed to commit April 23 2014 Criminal Procedure Substance Crimes Defenses VS Procedures how we process cases Police Activity Surveillance Search Seizure Questioning Sources Arrest Evidence Witnesses Cross examination Motions Argument Juries Appeal Search and Seizure Law History used to not exist not mentioned in the U S Constitution in an amendment o 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 seized o Exclusionary Rule A non warrant search is unconstitutional and the evidence is excluded unless an exception applies o Exceptions to the general rule requiring a search warrant prior to a search 1 Search incident to arrest at time of arrest Person and lunge area 2 Exigent emergency circumstances 3 Plain view 4 Consent
View Full Document
Unlocking...