Life or Death

direct evidence

evidence without inference attached to it

Indirect evidence (circumstantial)

evidence that has inference attached with it

Vicarious Liability

Responsibility for the actions of another

Habeous Corpus

“Youre wrongful holding me let me go”. Motion to be released

Mere Hunch

Have a feeling something is wrong can do nothing, need a valid reason

Reasonable suspicion

an justifiable suspicion that is based on specific facts or circumstances. Allow to stop a vehicle but cant search it

Probable Cause

Through officers training and experience, they reasonably believe that a crime is occurring, has occurred, or is about to happen.

United States V. Delorean (1983)

4th 14th Amendment case. Affirmative defense of entrapment says government can not persuade to commit a crime if you are not predisposed.

Who’s only people entrapment defense work on?

the government

What does Mcdonald V Chicago (2010) say?

The core value of 2nd Amendment is self defense

What amendments is Mcdonald V Chicago (2010)

2nd and 14th Amendments.

What amendments is Mapp V Ohio (1961)

4th and 14th amendment

What does Mapp V Ohio (1961) say?

Need for VALID search warrant to search

Elements for Valid search warrant are?

Appear before natural judge and or majesty

Present an affidavit of probable cause

The search warrant must be very specific naming what, who, and where you are going to be searching

If judges deems theres enough evidence he will sign it

how many days is a search warrant valid after getting signs from judge?

10 days

How many times can you use search warrant?

Once

False Arrest

Unjust holding of another

What amendments are involved in Terry V. Ohio (1968)

4th and 14th amendments

What does Terry V. Ohio (1968) say

Says that reasonable suspicion is enough for casual pat down on first layer of clothes. Meant to search for weapons

What amendments are involved in United States V Arvizu (2002)

4th and 14th amendments

What does United States V Arvizu (2002) say?

That with probable cause Law enforcement cna pull over vehicles but cannot search them

What amendments are in King V Maryland (2013)

4th and 14th amendments

What does King V Maryland (2013) say?

Allows for collection of DNA

What amendments are in Brandenburg V Ohio (1969)

1st and 14th amendments

What does Brandenburg V Ohio (1969) say?

That even hate speech is protected

What amendments are in Miranda V Arizona (1966)

5th and 14th Amendments

What does Miranda V Arizona say?

Right to remain silent and protection from double jeopardy

What does Carroll v. U.S (1925) say?

If during a traffic stop law enforcement develops probable cause, they can search the entire car and trunk, closed containers, as well as the search driver and or passengers.

What amendments are in Carroll v. U.S (1925)

4th and 14th amendments.

What does Gideon V Wainwright (1963) say?

Right to attorney and speedy trial and it established all the amendments were applicable to anyone

What amendments are Gideon V Wainwright (1963)

6th and 14th

What does Garner V Tennessee (1985) say

You may not use lethal force against a unarmed fleeing suspect unless they are a felon.

What amendments are in Garner V Tennessee (1985)

4th and 14th amendment

what does Arizu V U.S (2002) say

If law enforcement has reasonable suspicion, it can stop the vehicle based on totality of circumstance but cant search it.

Arizu V U.S (2002) amendments?

4th and 14th

What does for Gregg V. Georgia (1976) say

death penalty is not cruel and unusual; however the jury instructions must be the same in all capital cases

Amendments for Gregg V. Georgia (1976)

8th and 14th amendments

What does Miller V Alabama (2012) say?

Death is not cruel and unusual punishment except when it involves a minor

Amendments for Miller V Alabama (2012)

8th and 14th

amendments for Mims V U.S (1977)

14th

What does Mims V U.S say? (1977)

Must follow all law enforcement lawful orders

thresholds of searchs

Mere Hunch

reasonable suspicion

probable cause

Assault

Words or body language threarting another

Aggravated assault

Words or body language threating another with a weapon

What do living and dead deserve

Living deserve justice, and dead deserve truth

direct evidence

Evidence that doesn’t have inference attached to it

Indirect evidence

Type of evidence that has an inference attached to it

Two things that carry no DNA

Red blood cells and hair

Bystander effect is what?

Protects us from performing any type of duty

6 ways to identify

finger prints

DNA

Show up

photo array

live line up

eye witness

two types of DNA that can be used to identfiy

Deoxyribonucleic Acid (DNA)

Ribonucleic acid (RNA)

What does show up mean

short period after crime you are asked to see if this person is the person from the crime

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to bear arms

4th Amendment

Prohibits unreasonable search and seizure

5th Amendment

Right to remain silent
due process
prohibits double jeopardy and self-incrimination

6th Amendment

right to an attorney and public and speedy trial

8th Amendment

Prohibits excessive bail and cruel and unusual punishment

14th Amendment

Due process rights and equal protection under the law to the US

Due process is the law itself
Equal protection is applying the law to every individual

homicide

One human killing another
2 types: Criminal and justifiable

Totality of the circumstances

Decisions are based on all available information
See everything.

Reasonable objective test

take actions of accused and measure them against the reaction of Law enforcement.
Ask, "Was Law enforcement reaction reasonable and/or necessary?"

Battery

Intentional, uninvited, wrongful touching of another

Aggravated Battery

Intentional, uninvited, wrongful touching of another with a weapon

Felony Battery

Intentional, uninvited, wrongful touching of a Police officer or any woman that is pregnant

Domestic Violence Battery

Any type of Battery against a family member

1st degree murder

planning/premeditation, carrying out the plan, resulting in the death of another human.

2nd degree murder

There is no planning in the killing of another person.

Involuntary murder

negligent/reckless actions causing the death of another

voluntary manslaughter

killing in the heat of the moment

Mala in Se

Acts that are crimes because they are inherently evil or harmful to society

Mala prohibita

acts that are prohibited because they are defined as crimes by law

2 types of resisting arrest

without violence
with violence

Affirmative defense

must prove that this applied to you at the time of the event.

Where not to look for evidence

Don’t look for elephant in a mouse hole

Transfer intent

Attempted to commit a crime against someone but someone else gets hurt, you’re still responsible

Can DNA prove you committed a crime

No

inadmissible

Gathered in violation of 4th amendment

admissible

acceptable or valid, especially as evidence in a court of law.

Tort

Civil Wrong resulting in monetary damages

How many people have been exonerated?

2,800

What percent of people been exonerated after execution?

20%

what amount of people wrongfully sent to prison due to eyewitness

3/4

amount of time it takes to ID someone

10-15 seconds

Beyond a reasonable doubt

After all evidence has been examined there is not other reasonable conclusion but that the defendant is guilty. Must be convince beyond a moral certainty and it cannot be imaginary

What parts have no DNA

Red blood cells

Hair

How long was Ronald wrongfully in prison

11 years

Perjury

Lying under oath

How states have death penalty still?

30

Cillo saying about eyes

Eyes not camera and Brian is not film

Part of twins not identical?

Fingerprints, ear prints, footprints, palm prints

Name of man falsely accused and convicted of rape

Ronald Cotton

The one who actually committed rape

Bobby Poole

The victim of the raping

Jennifer

How many states have restitution?

42

Strip search

Suspicion of weapons and contraband hidden in orifices

Pretext stop

You don’t care about stop want to search. But due to them violating motor vehicle you can pull them over. coupled with mere hunch

What in your body has no germs?

Urine