Law and Justice, 3+4

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17 Terms

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Corpus delicti
The body of the crime.
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Defense
Evidence and arguments offered by the defendant to show why they should not be held liable for a criminal charge.
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Alibi
The defendant could not have committed the offense because he or she was somewhere else at the time of the crime.
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Excuse
Some personal condition or circumstance at the time of the act was such that the actor should not be held accountable under the criminal law.
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Justification
The defendant admits committing the act in question but claims that it was necessary to avoid some greater evil.
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Procedural Defense
The defendant was in some significant way discriminated against in the justice process, or some important aspect of official procedure was not properly followed in the investigation or prosecution of the crime charged.
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Self-defense
The defendant needed to inflict harm on another to ensure their own safety in the face of near-certain injury or death.
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Reasonable force
A degree of force that is not excessive and is the minimum necessary to protect oneself.
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Exclusionary rule
Incriminating information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a criminal trial.
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Warrantless search
An examination by police of a person, place, or thing without a written judicial order authorizing that activity.
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Probable cause
The necessary level of belief to allow for police arrest.
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Plain view
To lawfully seize evidence in plain view, officers must have a legal right to be in the viewing area.
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Emergency rule
Under certain circumstances, police may enter a home without a warrant when they have an objectively reasonable basis for believing an occupant is seriously injured or imminently threatened with such injury.
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Arrest
Occurs whenever a law enforcement officer curtails a person's freedom to leave.
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Investigative detention
A temporary seizure of an individual by a police officer for investigative purposes.
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Reasonable suspicion
The level of suspicion that would justify an officer in making further inquiry.
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Interrogation
The information-gathering activity of police officers that involves the direct questioning of suspects.