More study notes

2 requirements needed to prove a criminal conspiracy?

Must be a plan AND some overt act in furtherance of that plan

What are the states allowed to criminalize?

Legislature can criminalize anything it chooses so long as the law doesn’t violate the Constitution

Two requirements for giving Miranda rights and, what happens if Miranda rights are not given

A suspect who has been placed in custody AND is being interrogated. OTHERWISE, the Exclusionary Rule renders the confession inadmissable.

SITA searches…what can be searched?

Warrantless searches incident to an arrest. Probable cause needed. After arrest, officers have right to search the person, ensuring no danger/weapons. MAY extend to car, ONLY if person is near or has access to harm or cause danger.

Pat down searches when allowed?

reasonable suspicion that suspect is armed

Automobile Exception

Probable cause needed only for searching automobiles after traffic stops (no warrant)

Reasonable suspicion for temporary detentions

Officers can only detain/ prevent to suspect from leaving, the person for a limited time- only the amount of time it takes the officer to investigate the person and determine whether or not a crime has been committed. MUST BE ACTUAL FACTS KNOWN TO OFFICER, making average person suspicious.

Consent to search- how does it work?

Suspects can freely and voluntarily waive their Constitutional rights and give officers permission to search themselves or their property. Officer may ask for any reason

Plain view and Plain feel

View: any evidence an officer sees where he has a right to be may be seized w/out warrant

Feel:

Motion to suppress- What are they used for?

The pleading filed by the defendant to ask the judge to exclude certain evidence

Technology and devices to gain information inside a house- generally not allowed

Kyllo v. United Stated (2001)

Fruit of the poisonous tree ‘doctrine’

Extends the Exclusionary rule to exclude evidence that was obtained BECAUSE of other illegally obtained evidence

Exclusionary rule

Mapp v. Ohio is the supreme court that established it. (Freaky lady)

Evidence that is obtained illegally and in violation of a person’s constitutional rights cannot be used against the person at trial

where in the Constitution does the warrant requirement come from?

4th and 5th Amendments

4th- protects against unreasonable searches and seizures

5th- protects individuals from self-incrimination and ensures due process.

What is a Warrant? What does it mean to need probable cause to get one?

Warrant is a judicial authorization for police action, either to search a particular place (search warrant) or to arrest a particular person (arrest warrant) probable cause required focuses on facts and circumstances that connect the suspect to specific criminal activity. (affidavit)

What does defense need to prove to establish legal insanity?

if person is mentally deficient and doesn’t understand his actions, accused is considered

Mens Rea requires that the accused know the nature and consequences of his actions

What is an attempt and when it can change?

when someone tries to commit a crime but fails to achieve that result. ONE exception is if the Actus Reus is impossible. Attempt: If victim got lucky that the circumstances made the offense illegal if not possible not an attempt.

what is the principle rule for criminal responsibility for those who help, aid, plan, or carry out a crime?

Anyone who helps carry out a crime is just as responsible as the person actually doing the same.

Manslaughter

Intentional, has reason no malice (heat of passion)