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FSU CJE 3110 - Chapter 6: Lessons in Criminal Law

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Chapter 6: Lessons in Criminal Law• Introduction o One role of a police officer is to ___the criminal law. In this sense, the police are the ___ to the criminal justice process. Enforce; gatekeeperso What triggers the criminal justice process? The decision to arrest a persono After arresting someone, the officer must prepare an ___for the court’s review. Affidavito What are the two purposes of the affidavit? 1. Outlines the details surrounding the criminal event 2. Officer tells the court what information he or she used to formulate probable cause  what evidence points to this person as being the one who perpetrated the offence o The __of a crime refer to the actions that constitute a particular crime.  Elements • The Nature of Criminal Law o All criminal acts consist of a ____, or the body of a crime. Corpus delictio The body of a crime (corpus delicti) contains what two parts? Mens rea and actus reao ___means “the guilty mind” and refers to the mental state of the suspect. Mens reao ___pertains to the elements or physical acts that define a particular crime. Actus reao The term mens rea means that the suspect has the ability to form ____. Criminal intent o Most states make special allowances for ___; they assume that children under a certain age do not have the ability to form ___. Juveniles; criminal intent o What are some examples of people who may not have the ability to form criminal intent? Mentally retarded Someone suffering from psychological disorder Elderly person who is senile o One concern that arises with mens rea is the notion of a temporary lapse in criminal responsibility due to ___. Intoxicationo What does the Model Penal Code say about intoxication and mens rea? Intoxication is not a mental disease Alcohol consumption or drug use does not excuse someone from wrongdoing if the state of intoxication was voluntarily or self-inducedo A ___is a serious crime punishable by more than one year imprisonment. Felonyo A ____is a minor crime that carries a maximum confinement of up to one year. Misdemeanoro The same behavior can carry different penalties depending upon the crime ____and ______jurisdiction. Classification; geographical o Generally speaking, an officer may not make an arrest for a ____unless that crime takes place in his or her presence. Misdemeanor• A felony arrest carries no restrictiono For the most part, a police officer working the streets needs to concern himself or herself with which component of a crime? actus rea the elements of a crime Violent Offenseso Police officer must know what ___define which crime. Elementso What is a homicide? The killing of one human being by anothero What are the two general classes of homicide? Lawful and unlawfulo All ___are homicides but not all homicides are ____.Murders; murders • Justifiable Homicideo A justifiable homicide is ___. Lawfulo A justifiable homicide involves the use of ____to prevent serious ___or ___ to another or to oneself. Lethal force; injury; deatho The ____states that there is no duty to retreat from an attack by an intruder into one’s home. Castle Doctrine (Stand-Your-Ground)• Excusable Homicideo Excusable Homicide is ___. Lawfulo Excusable homicide refers to death that result from an ___or sheer ___. Accident; misfortune • Murder and Manslaughtero What are the types of unlawful homicide? Murder  manslaughter  Vehicular/Vessel Homicide Assisting Self-Murder Killing of Unborn Quick Child by Injury to Mother Unnecessary Killing to Prevent Unlawful Act o A criminal homicide is a ___when it is committed purposely or knowlingly; or it is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Murdero _____is when negligence is present or when homicide takes place “under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or cause. Manslaughter o In what regard do murder and manslaughter differ? In the element of premeditationo A first degree murder involve what three things? Malice aforethought intent to commit a felony or to cause death or serous harm Deliberation  the person has thought over the consequences and has still decided to kill the victim Premeditation  implies that the person planned to carry out the killingo Manslaughter is an unlawful murder characterized by a lack of ____. Premeditationo A manslaughter takes on what standard? “reaction of a reasonable person” standardo Manslaughter can either be ____or ___. Voluntary ; involuntaryo _____fits those instances where a death occurs during some extraordinary set of circumstances and where the deceased has provoked the offender. Voluntary manslaughter o With voluntary manslaughter the aggressor intends to hurt the other part but is not trying to __that person. Along with the desire to injure, there must be a state of _____. This upheaval is so distressing that it causes the person to lose his/her ___. Kill; emotional imbalance; self-controlo The temporary loss of control in a voluntary manslaughter is known as the ___. Heat of passion o What are the four conditions that make up the heat of passion or the rule of provocation? 1. Provocation must be reasonable 2. The death must take place during the heat of passion 3. There must not be a chance for a “cooling-off period” during the time lapse btw the provocation and the killing. 4. The suspect must have acted in the heat of passion• ***if any aspects are missing- charge would be MURDERo What is a sufficient level of provocation? Act of physical force (assault, a battery or mutual combat)o The standard for voluntary manslaughter is the reaction of _____. Reasonable person  does not try to kill somebody o ____is a catchall; every unintentional killing is ____if it is neither murder not voluntary manslaughter nor within the sense of recognized justification or excuse. Involuntary manslaughter• **brakes broken in car susan drives car to repair shop  on the way she hits a child who runs out into the street involuntary manslaughter due to NEGLIGENCE (should have had car towed)o What can produce involuntary manslaughter? Negligence or recklessnesso ____is behavior that exposes other unnecessarily to the risk of death or serious bodily injury. Negligence• The


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