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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