Substantive Criminal Law

substantive criminal law

the study of those statutes enacted to prevent harm to society

1st amendment

protects freedoms of speech, to practice religion, press, assembly, and the freedom to petition the government.

2nd amendment

the right to own and maintain a gun

4th amendment

prohibits unreasonable searches and or seizures

5th amendment

guarantees the right to remain silent and prohibits double jeopardy

6th amendment

guarantees the right to an attorney a speedy trial and the right to confront witnesses it forms the basis of Miranda rights

8th amendment

prohibits cruel and unusual punishment as well as excessive fines and bail

14th amendment

it guarantees due process and equal protection

article 1

establishes the power of the legislature to make laws

article 2

establishes the executive branch and the President's powers

article 3

establishes the judicial branch the federal courts to interpret the laws and only the federal courts can interpret these laws

article 6

Supremacy clause the us constitution and federal laws are the supreme law of the land meaning federal authority overrides conflicting state laws

MPC

model Penal Code, a standardized blueprint of criminal law created to help states organize and standardize their criminal codes

Amendments are?

of the constitution.

Articles are?

to the constitution

the bill of rights

comes from the magna carta 1215 1st 10 are the bill of rights.

homicide

one human killing an other 2 types justified and unjustified he also said it isn’t a crime but a category

Scotus

supreme court of the united states

murder

the unjustified killing of another human

Subjective

your own opinion. ex a judge

Objective

the opinion of more than one. ex Jurry

Open House party rule

the owner of the house is responsible for the house.

Similarity between 1st and 2nd degree murder

the similarity is the intent the difference is the plan

intent

imputed from your actions

malumprohibitum

Against the law

Malaum in se

just immoral just wrong

transferred intent

when it results in the death of the wrong person

the castle defense

as soon as an uninvited person breaks the threshold they have entered your castle under the law you have the right to use lethal force only in your house

defense of others

you can use reasonable up to lethal force to defend others

assault

words and or body language used to threaten another

battery

4 types ordinary, aggravated, felony, domestic,

the intentional uninvited touching of another

aggravated battery

the intentional uninvited touching of another with the use of a weapon

felony Battery

the intentional uninvited touching of a police officer a pregnant woman or anyone who is injured in any way

involuntary manslaughter

negligent and or reclass acts resulting in the death of another

voluntary manslaughter

killing in the heat of passion without malice or premeditation

parse

to break something down word by word line by line paragraph by paragraph

Contraband

anything in your possession that does not belong to you

reasonable suspicion

totality of the circumstance- taking in everything around you

inventory search

inventorying the contents of your vehicle

Dhram shop act

if you supply alcohol at home or at a business in the amount that someone gets drunk you’re accountable for their action

vicarious liability

responsibility for the actions for another

self defense

trying to escape without incurring serios bodily harm you must retreat if you can do so without getting harmed

stand your ground

use reasonable up to lethal force and don’t have to retreat before using lethal force

seizures begin

as soon as you are not free to leave

domestic battery

any crime against a family member a sub category is battery by strangulation

armed robbery

forceful taking of property from another with the use of a weapon

omition

the failure to act

people who have the absolute duty to respond

parents of minor children

law enforcement officers

firefighters

legal guardians appointed by a court of competent jurisdiction

Robbery

the forceful taking of another persons property from them.

Burglary

the breaking and entering into a structure and or dwelling with the intent to commit a crime

Exclusionary Rule

Any evidence collected in violation of the 4th is excluded at time of trial

result of mapp v ohio

aggravated stalking

in fear of bodily injury or death

Documentary evidence

anything that is recorded in any manner.

words of incitement

Road map to immediate violence against the law ex. “lets go burn that church down”

Beyond a reasonable doubt

After all the evidence has been examined there is no logical conclusion except that the defendant did it. you must be convinced beyond a moral certainty and it cannot be imaginary. criminal case

premeditation

the act of planning plotting or considering an action especially a crime before carrying it out

6 types of identification

eye witness, photo array, DNA, show up, live lineup, fingerprints.

indirect evidence

type of evidence that has an inference attached to it.

Principle in the first degree

somebody included in crime plan helps but does not have to be there

Domestic violence

not a crime. harm committed by one household member to another any assault aggravated assault battery aggravated battery sexual assault sexual battery aggravated stalking kidnapping false imprisonment or criminal offence resulting in the physical injury or death of one family member to another

Circumstantial evidence

evidence that has a question to it, 90%

Theft

the taking of another persons property

United states V. Arvizu

2002 4th and 14th

law enforcement only need reasonable suspicion to make a stop they can arrive to reasonable suspicion by totality of circumstances although they cannot search the vehicle

established the reasonable suspicion stop

Mapp V. Ohio

1961 4th 14th

established the need for a valid search warrant to search a structure and or dwelling

Carroll V. United states

1925 4th and 14th

during an ordinary vehicle stop if law enforcement though experience and or training develop probable cause they can search the entire contents of the vehicle including all locked compartments and or containers including the trunk and persons within the vehicle if believed to be a threat

Garner V. Tennessee

1985 4th 14th

Law enforcement may not use lethal force on an unarmed non-violent suspect; however, if the suspect is a fleeing felon, law enforcement may use lethal force

McDonald V. Chicago

2010 2nd 14th

it clarified the meaning of the second amendment and stated that the core value is self defense

Miranda V. Arizona

1966 5th 6th 14th
protects the 5th and 6th amendments

police must inform suspects of their constitutional rights before questioning them in custody

Terry V. Ohio

1968 4th 14th
casual patdown of the outside clothing only to look for weapons to protect the officer and the general public

stop and frisk

Gideon V. Wainwright

1963 6th 14th

right to a fair and speedy trial and the right to an attorney

King V Maryland

2013 4th 14th

as long as it is an ordinary part of the felony booking procure you can take Basel cells (DNA) to identify a person

Brandenburg V. Ohio

1969 1st and 14th

protects hate speech

cannot go into a private space

doesn’t protect words of incitement

Mimms V. United States

1977 4th and 14th

grants law enforcement officers automatic authority to order a driver out of a vehicle during a lawful traffic stop for officer safety

established that drivers must legally comply with this lawful order

united states V DeLorean

1983 4th and 14th

the government can not entice you to commit a crime you were not already predisposed to commit

established the affirmative defense of entrapment

Greg V. Georgia

1976 8th and 14th

the death penalty doesn’t violate the 8th amendment

jury instruction in a death plentily case must be consistent

Miller V. Alabama

2012 8th and 14th

established that under no cercomstance’s can a minor be sentenced to death. they can be sentenced to life in prison without parole but first a judge must examine 5 things

1 prior criminal record

2 social economic status

3 education

4 IQ 65 and below

5 their place in society family life

if a minor hits anyone of these they can be sentenced to life without parole.

direct evidence

evidence that does not have a question attached to it

strict liability

if you engage in any dangerous activity you are strictly and totally liable for the damage done

four corners defense

they wrote out the story they swore to it and it was notarized

proximate cause

the direct cause of the injury or death

4 elements of a valid search warrant

1 affidavit of probable cause must be sumitted to the courts

2 must be reviewed by a neutral and detached judge or magistrate of competent jurisdiction

4 search warrant must be specific to the place you’re searching and what you're searching for

4. If the judge or magistrate accepts the search warrant, they must sign it, it must be executed within 10 days only able to use once

defendants 1st appearance is called an

arraignment

felony

more than a year and up to death

misdemeanor

year or less in jail

physical evidence

anything you touch

conspiracy

two or more people agreeing to commit a crime

affirmative defense

use at time of trial must prove it applied to you at the time of the act or crime

transferred intent

when you attempt to commit a crime against a specific person and inadvertently an unattended person becomes the victim

premeditation

the act of planning plotting or considering an action especially a crime before carrying it out

spectator doctrine

simply being present at the scene of a crime, or having knowledge that a crime is being committed, is not enough to make a person criminally liable

Habeas courpus

release me holding me wrongfully

27 amendments to the constitution in order to change our constitution you need a supermajority of Congress and a supermajority of the states

congress

consisting of the Senate and House of Representatives, responsible for making laws.

capital case

death penalty case

aggravated 1st degree

you’ll get the death plentily if the person knows its coming or is getting torchered or suffers extreme pain during the crime.

seminal case

foundational case

recidivist

repeat offender up to 70% of people in prisons are recidivists

inchoate crimes

incomplete crimes

3 types of inchoate crimes

1 solicitation

2 conspiracy

3 criminal attempt

due process

get full treatment of the law 5th and 14th