Law Enforcement Test 3 Chapter 6 1 The Nature of Criminal Law a Corpus delecti b Mens rea body elements of the crime guilty mind Intoxication does not qualify i ii Young mentally ill iii Senile elderly c Felony vs Misdemeanor i Felony 1 year or more in prison ii Misdemeanor maximum of one year an officer cannot make an arrest unless the crime takes place in his her presence 2 Violent Offenses a Homicide Justifiable homicide self defense i ii Stand your ground law relieves a civilian of the duty to retreat under certain conditions to defend his her well being iii Excusable homicide accident or sheer misfortune b Murder vs Manslaughter i Murder Committed purposefully and knowingly a or it is committed recklessly under circumstances manifesting extreme indifference to the value of human life 1 First degree intent to commit a felony or cause death a Malice aforethought or serious harm b Deliberation c Premeditation thought of consequences planned to carry out the killing ii Manslaughter under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or cause 1 Voluntary where the deceased has provoked the offender not trying to kill and emotional imbalance heat of passion a Heat of passion 1 provocation must be reasonable 2 death must take place during the heat of passion 3 there must to be a chance to cool off 4 must have committed the act in the heat of passion normally try to kill somebody else b Reaction of a reasonable person a reasonable person does not 2 Involuntary negligence or recklessness a Negligence behavior that exposes others unnecessarily to the risk of death or serious bodily injury c Felony Murder Rule if a person dies during the course of a felony that is dangerous to life robbery burglary sexual battery arson kidnapping the suspect is responsible for the death i Falls into the first degree murder category ii Doctrine of sine qua non but for the suspect s actions the victim would still be alive today 1 Example If two people commit a robbery and one suspect shoots the clerk they are both charged with first degree murder even if the second suspect is just waiting in the car d Assault and Battery i Assault when one person threatens to hurt another person 1 Two elements 1 the person making the threat must be able to carry out his or her intentions 2 the assailant must place the victim in genuine fear for his her well being 2 Two types simple assault misdemeanor and aggravated assault felony which usually involves the presence of a deadly weapon ii Battery a battery is simply a successful assault 1 A battery involves the intentional touching or striking of another person against that person s will 2 Two types 1 simple battery no weapon and minor injury 2 aggravated battery uses a weapon or item as a weapon and serious bodily harm e Sexual Battery Many states have revised their former rape laws with sexual battery statues due to the rape laws being sexist punishable by death and simply out dated or marital exemption the matrimonial agreement means that the husband pledges to support and protect his wife and in turn the wife promises exclusive sexual access for the husband upon demand i Spousal immunity under no condition can the state prosecute a 1 Absolute exemption husband for sexual battery upon his wife or divorce prosecution may be possible 2 Partial exemption if the two parties are in the process of a separation ii Shield Law prohibits the introduction of past sexual information in court except as it pertains just to the current victim and offender iii The new sexual battery legislation removes physical injury as a way of establishing the victim s veracity f Robbery the unlawful taking of money or property from a person through force violence or fear of harm i Armed robbery the crook uses a firearm or some other weapon 1 Mandatory firearm sentencing laws a Possession of firearm by felon 3 years b Pull a gun 10 years c Fire a fun 20 years d Shoot someone 25 years to life ii Unarmed physical force but does not brandish a weapon snatch and grab or strong armed choking robbery robber uses g Kidnapping the unlawful restriction of a person s ability to move about freely and relocate to another place i False imprisonment the suspect forcible detains the victims against his her will but does not relocate the victim to another spot 3 Property Offenses a Larceny theft i Larceny taking using or depriving a person of some property without that person s permission no force or threats of force against victim 1 Two types 1 petty theft misdemeanor taking property valued at less than some statutorily predetermined amount Florida 300 2 grand theft felony valued more than amount Florida 300 2 Retail theft shoplifting ii Embezzlement fraudulent conversion of someone else s property b Burglary involves a trespass along with the intent to commit another crim i Trespass a person enters or remains on the property of another without permission ii Curtilage the immediate living area surrounding a dwelling 1 Example leaving property on a porch which gets stolen is a burglary c Vandalism or criminal mischief intentional destruction of another person s property i Felony if it exceeds amount Florida 300 or is against government property a Failure to finish a crime is known as an attempt i 1 Must intend to perpetrate an offense ii 2 Must do something other than merely plan an illegal activity iii 3 Actor becomes thwarted or is unable to complete actions b Tests a crime would have been successful if the suspect had i Proximity test ii Probable desistance approach completed this last essential step extraordinary intervention what they think the actor would have done iii Equivocality approach the crime would be a success except for some look at a video tape then pause it and ask the view c Conspiracy an agreement or pact between two or more persons concerning some unlawful activity 4 Other consideration Chapter 7 Lessons in Constitutional Law Search and Seizure 4 th Amendment 1 Searches Seizures and Warrants This section just listed a bunch of key terms which I have listed below a Search an examination by a governmental agent of a person place or thing intended to uncover or detect any evidence contraband fruits of a crime or instrumentalities of a crime i Warrantless search when a police officer conducts an inspection without prior judicial review Search Government Intrusion REP If one of these parts is absent then a search has not transpired 1 The search
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