Term
|
Definition
| Punishable by 10yrs - 99yrs or Life |
|
|
Term
|
Definition
| Punishable by 2yrs - 20yrs |
|
|
Term
|
Definition
| Punishable by 1yr and a day - 10yrs |
|
|
Term
|
Definition
Serious Physical Injury
Physical Injury
Deadly Weapon
Deadly Instrument
Mentally Incapacitated
Mental Defect
Physically Helpless |
|
|
Term
|
Definition
| To knowingly enter or to remain unlawfully.. All degrees of burglary are felonies |
|
|
Term
|
Definition
- in a building
-intent to commit crime
-no weapon |
|
|
Term
|
Definition
-in a building
-intent to commit 3rd degree theft or felony
-enters with DW, DI, or uses weapon to threat, or causes PI |
|
|
Term
|
Definition
-in a dwelling
-intent to commit theft or felony
-dwelling is lawfully occupied |
|
|
Term
|
Definition
-in a dwelling
-intent to commit a crime
-enters with DW or DI, uses weapon to threat, causes PI. |
|
|
Term
Solicitation
(Incohate Crime) |
|
Definition
| A person asks another person to commit a crime. Corroboration needed to show that the crime actually happened. Must have corroboration from someone other than the person asked to do the crime. |
|
|
Term
|
Definition
| with the intent to commit a crime, a person does an overt act to commit the crime - but something other than the offender gets in the way. |
|
|
Term
Conspiracy
(Incohate Crime) |
|
Definition
| with the intent that a crime be committed, agree with one or more persons to committ the crime, and someone does an overt act to commit the crime. |
|
|
Term
|
Definition
| Each person gets same charge for being in conjunction with the same crime. |
|
|
Term
|
Definition
| Damaging a building by starting or maintaining a fire or causing an explosion. A building with an apartment occupied is deemed one building, not spare units. |
|
|
Term
|
Definition
|
|
Term
|
Definition
-Intentionally
-or if started in a jail |
|
|
Term
|
Definition
| intentionally and another person in the building and defendant knew or should have known |
|
|
Term
|
Definition
-knowingly obtaining anothers property with intent to deprive the owner
-theft by deception is receiving property by trick or faslehood |
|
|
Term
|
Definition
| 0 - $500 (or $250 if offender has a prior) |
|
|
Term
|
Definition
$500 - $2,500
-debit/credit cards
-drugs
-gun
-live stock |
|
|
Term
|
Definition
over $2,500
-pickpocketing
-vehicle |
|
|
Term
| Receiving stolen property |
|
Definition
intentionally receiving, retaining, or disposing of stolen property
(degrees same as theft) |
|
|
Term
|
Definition
| using force to commit theft |
|
|
Term
|
Definition
| using force to commit theft, and another robber is present |
|
|
Term
|
Definition
-using force to commit theft, armed with DI or DW, or pretending to have a weapon.
-Causes SPI to another |
|
|
Term
|
Definition
| Anything not listed on 2nd and 1st degree |
|
|
Term
|
Definition
| Any goverment issued document, a document that effects a legal right, public record, or a check |
|
|
Term
|
Definition
| a SERIES of checks, stamps, securities, bonds, stocks |
|
|
Term
|
Definition
| Intimate touching (skin to skin), sexual contact |
|
|
Term
|
Definition
| -defendant 19 or older -victim is 13-15 -victim is incapable of consent |
|
|
Term
|
Definition
-Forcible Compulsion
-victim is PH, MI, or
-Defendant is 16 or older and victim is younger than 12 |
|
|
Term
|
Definition
| Sexual INTERCOURSE (male & female w/ sex organs only) |
|
|
Term
|
Definition
| Deviate (strange) Sexual Intercourse with sex organs of one person and mouth or anus of another person. |
|
|
Term
| Rape or Sodomy 2nd degree |
|
Definition
-victim is MD
-Defendant is 16 or older, victim is 13-15.
*not rape if within 2yrs age diff* |
|
|
Term
| Rape or Sodomy 1st degree |
|
Definition
-Forcible Compulsion
-PH MI
-Defendant is 16 or older, victim is youger than 12. |
|
|
Term
|
Definition
|
|
Term
|
Definition
-Inanimate object to mouth, anus, vagina
-Force
-PH, MI
-Defendant is 16 or older, Victim is younder than 12
-intent to abuse or torture |
|
|
Term
|
Definition
| Genital Exposure with intent for self arousel and knows it may offend others |
|
|
Term
|
Definition
-intentionally and repeatedly follows or harrasses
-threatening
-resonable fear of death of SPI |
|
|
Term
|
Definition
|
|
Term
|
Definition
-abduct with intent to hold for ransom, hostage, or aid in fleeing from felony
-injury, terrorize, or abuse sexually |
|
|
Term
| Unlawful Imprisonment 2nd degree |
|
Definition
|
|
Term
| Unlawful Imprisonment 1st degree |
|
Definition
| restrain anther person under circumstances that expose risk of PI, or SPI |
|
|
Term
|
Definition
-Intentional Result
-Extreme Indifference to Human Life
-During another felony |
|
|
Term
Intentional Result
(murder) |
|
Definition
| intent to cause death to a person, and causes the death to that person or another. |
|
|
Term
| Extreme Indifference to Human Life |
|
Definition
| -recklessly engages in extraordinay conduct that creates a grave risk for death and thereby causes death (with no intent for a particular person) |
|
|
Term
|
Definition
| Unintentional death occuring during any felony clearly dangerous to human life |
|
|
Term
|
Definition
-Death caused recklessly
-or in the heat of passion with no reasonably time to cool off. |
|
|
Term
|
Definition
| Places another in fear by threat of SPI |
|
|
Term
|
Definition
| Recklessly creates a substancial risk of SPI. |
|
|
Term
|
Definition
| Recklessly creates a substancial risk of SPI. |
|
|
Term
| Domestic Violence 3rd degree |
|
Definition
-PI
-menacing
-reckless endangerment
-criminal coercion
-harassment |
|
|
Term
| Domestic Violence 2nd degree |
|
Definition
|
|
Term
| Domestic Violence 2nd degree |
|
Definition
|
|
Term
| Domestic Violence 1st degree |
|
Definition
|
|
Term
|
Definition
a person may use reasonable physical force to defend unlawful physical force
-during a burglary
-car jacking
-robbery |
|
|
Term
|
Definition
| a person may use deadly physical force to defend unlawful physical force -during a burglary -car jacking -robbery |
|
|
Term
| Compelling Street Gang Membership |
|
Definition
| Is a felony to threaten to do bodily harm to make someone join a gang |
|
|
Term
| Criminal use of Noxious substance |
|
Definition
| Misdemeanor to use a noxious substance with intent to interfere with anothers property |
|
|
Term
|
Definition
| intentionally prevent or attempt to prevent a lawful arrest |
|
|
Term
| Obstructing governmental Operations |
|
Definition
| Using intimidation, physical force, or interference to prevent a public servant from doing their job |
|
|
Term
| Refusing to aid an officer |
|
Definition
| If a peace officer indentifies himself and gives a command, a person must aid the officer (if the circumstances are reasonable) |
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
|
Definition
| from custody imposed for a felony conviction or by use of threat of force, DW, DI |
|
|
Term
| Promoting Prison Contraband 3rd degree |
|
Definition
| anything prohibited by the institution |
|
|
Term
| Promoting Prison Contraband 2nd degree |
|
Definition
|
|
Term
| Promoting Prison Contraband 1st degree |
|
Definition
| Any tool useful for escape |
|
|
Term
| Hindering Prosecution or Apprehension of an Escapee |
|
Definition
-harboring an escapee
-warning an escapee
-prevents discory by force or intimidation
-conceals or destroys evidence that would find escapee |
|
|
Term
|
Definition
| -6 or more persons engage in violent conduct and causes gave risk to the public |
|
|
Term
|
Definition
With intent to cause public inconvenience, annoyance, or alarm when he is..
-fighting
-obscene language
-disturbs lawful assembly
-obstructs traffic
-will not disperse |
|
|
Term
|
Definition
| to remain or wonder in a public place |
|
|
Term
|
Definition
under the influence to the degree that he endagers himself or others,
or by his conduct annoying others. |
|
|
Term
|
Definition
| spying on someone while tresspassing in a private place |
|
|
Term
|
Definition
| Can not carry a concealed weapon without a licence |
|
|
Term
|
Definition
| Persons convicted of a violent crime, drug addicts, drunkards may not possess a pistol |
|
|
Term
| Possession of controlled substance |
|
Definition
| class c felony drug possession, excluding marijuana. |
|
|
Term
| Distribution of controlled substance |
|
Definition
| Se-ll, Furnish, give away, deliver or distribute. |
|
|
Term
| Trafficking of controlled substance |
|
Definition
possessing or distributing a certain quantity.
- if seller is over 18 and recipient is under 18 |
|
|
Term
| Manufacturing a controlled substance 2nd degree |
|
Definition
-posses precursor substances with intent to manufacture same
-manufactures any CS listed in schedules I thru V |
|
|
Term
| Manufaturing a controlled substance 1st degree |
|
Definition
-manufacture any drug listed in the schedule
-fire arm or booby trap present
-a minor present
-within 500ft of a residence,business, church or school |
|
|
Term
|
Definition
| -Possession with intent to use is a class A felony |
|
|
Term
| Purpose of the 5th amendment privilege |
|
Definition
-reliabiliy
-Avoidance of police coercion
-conformance with adversarial system |
|
|
Term
| Who has the right to the 5th amendment privilege |
|
Definition
|
|
Term
| When can the 5th amendment privilege be asserted? |
|
Definition
| an proceeding where the government may compel self incrimination for use in later prosecution. Must claim the privilege at the time of questioning. You can not answer a question voluntarily and later claim for the privilege to strike your answer from the record. |
|
|
Term
| What all does the 5th amendment privilege protect? |
|
Definition
| Only TESTIMONIAL incrimination is covered. Any physical evidence is NOT covered. |
|
|
Term
|
Definition
| after being granted this, a person can be compelled to testify in court because this action eliminates the possibility of incrimination. |
|
|
Term
| Waivering the 5th amendment privilege |
|
Definition
-waiver by defendent
-waiver by witness
-Validity of waiver |
|
|
Term
| To be valid, a waiver of 5th Amendment rights must be ... |
|
Definition
-voluntary
-knowing
-intelligent |
|
|
Term
| Before a confession of guilt is allowed into evidence, the trial judge must find that it was made ______. |
|
Definition
|
|
Term
| Factors that make the voluntariness determination of confessions ... |
|
Definition
| -age -intelligence -life experience -separations from friends and cousel -lack of food and sleep TOTALITY OF THE CIRCUMSTANCE |
|
|
Term
| Even if a statement is admissible under the voluntariness test, it may still be excluded if ... |
|
Definition
| the interrogation violated the defendants 6th amendment right to counsel. |
|
|
Term
| The right to cousel is violated if.. |
|
Definition
| the defendant was questioned with out a lawyer by police after an adversary judicial proceeding (ie, indictment) |
|
|
Term
|
Definition
-right to remain silent
-anything said can be incriminating
-has the right to a lawyer
-a lawyer can be provided |
|
|
Term
|
Definition
-PUBLIC SAFETY CONCERNS
-subsequent confessions after warnings
-non gov questioning
-volunteered spontaneous statements |
|
|
Term
|
Definition
| freedom of movent has been limited by the police. Can occur at home or in jail. |
|
|
Term
| If a defendent wishes to remain silent after Miranda |
|
Definition
-Immediately cease questioning
-resume after a passage of time(ie, 2hrs)
-Give NEW Miranda warnings
-if suspect remains silent after 2nd miranda but doesnt ask for lawyer, the silence can indicate a waiver of Miranda. |
|
|
Term
| If a defendant wishes to consult an attorney |
|
Definition
-cease questioning until cousel is present.
-UNLESS defendant initiates discussions with the police (document the action) |
|
|
Term
| what is the only thing that can take away or reduce a right given by the contitution? |
|
Definition
| a constitutional amendment... no statue can take away any constitutional right. |
|
|
Term
| What does the term "of the people" mean? |
|
Definition
| both US citizens and aliens, corporations, and juveniles. |
|
|
Term
|
Definition
| a governmental intrusion to determine evidence of criminal activity |
|
|
Term
|
Definition
| a government agency taking custody over something or someone |
|
|
Term
| Two factors of a governmental search |
|
Definition
-must be in a constitutionally protected area
-where a reasonable expectation of privacy exists |
|
|
Term
| Fruits of the poisonous tree |
|
Definition
| any evidence found under an unlawfull arrest and/or iterrogation is inadmissible in court. |
|
|
Term
| Eclusionary Rule (fruits of the poisonous tree) |
|
Definition
-4th amendment
-serves to protect the constitutional rights of criminal suspects by regulating police conduct. |
|
|
Term
|
Definition
| facts and circumstances with the officers knowledge and of which they had reasonable trustworthy info sufficient in themselves to warrant a prudent person in the belief that a crime had been or is being committed. PC is more than just suspicion. |
|
|
Term
| Probale Cause is based on the concept... |
|
Definition
| Totality of the circumstances |
|
|
Term
| The burden to admit the evidence in a warrantless search rests on ..... |
|
Definition
|
|
Term
|
Definition
-Plain view
-Abandoned property
-Open Fields
-Aeriel surveillance
-dog searches
-Locator devices
-External Physical characteristics |
|
|
Term
| The ALA rules of Criminal Procedures authorizes _____ & ______ to apply for a search warrant. |
|
Definition
| District Attorney and LEOs. |
|
|
Term
| Search Warrant Requirments |
|
Definition
-directed to proper authority
-done within 10days
-place/person described particularly
-who the warrant will be returned to
-endorsed by a judge with time, date, and name of officer
-executed in daylight unless involves controlled substances |
|
|
Term
| Criminal Statutes included in Civil Rights Act of 1866 |
|
Definition
18 USC Section 242
18 USC Section 241 |
|
|
Term
| Civil Statute - KKK Act of 1871 |
|
Definition
|
|
Term
| 18 USC 242 (criminal statute) |
|
Definition
-acting under color of any legal authority
-deprive someone of rights
-unnecessary force |
|
|
Term
| 18 USC Section 241 (criminal statute) |
|
Definition
| makes it a federal crime to conspire to injure, oppress, threaten or intimidate any citizen in the free excercise of any privilege secured by the constitution. 10 yr sentence |
|
|
Term
| Section 1983 is based upon ... |
|
Definition
|
|
Term
|
Definition
| when an officer violates constitutional rights while acting in the line of duty whether he is in uniform or not. |
|
|
Term
|
Definition
| conspiring with state officials to violate constitutional rights |
|
|
Term
|
Definition
| when they are authorized by state law to perform functions that are governmental in nature. |
|
|
Term
|
Definition
| Let the master Respond: imposes liability of the employer conscerning the employee |
|
|
Term
|
Definition
| Unconstitutional Policy & Deliberate Indifference |
|
|
Term
| How do supervisors cause constitutional violations |
|
Definition
-authorization to take unconstitutional actions
-are present and fail to intervene
-do not adequately train or supervise |
|
|
Term
|
Definition
| supervisors do not adequately train or supervise |
|
|
Term
|
Definition
| grounds for a suit under Section 1983 if an employee has cause deprivation of rights through use of company policy or customs |
|
|
Term
|
Definition
| an officer is justified to use this only if he has probably cause to believe that the suspect poses a danger of serious harm to the officer or others. |
|
|
Term
| Unreasonable use of lethal force violates the victims right to the _________. |
|
Definition
| 4th amendment and exposes the officer to Section 1983 suits. |
|
|
Term
| Mental state of the defendant varies depending on _________. |
|
Definition
| which constitution was violated |
|
|
Term
| Cannot be sued for _______ under section 1983. |
|
Definition
|
|
Term
| A citizen complaining about injuries from excessive force can use which two amendments as a theory of liability? |
|
Definition
| 4th and 8th amendment.. each require proof of a diff mental state. |
|
|
Term
|
Definition
| Can not be sued. Only applies to Judges and Prosecuters while engaged in judicial functions. |
|
|
Term
|
Definition
| Protects from lawsuits when you have and objectively resonable basis for believing that your actions were justified. |
|
|
Term
| Differences between Section 242(criminal statutes) and 1983(civil statutes) |
|
Definition
-The justice Dept, rather than the injured party, controls the litigation. 242 receives fines/prison, 1983 receives damages.
-242 is any legal authority under color of law, 1983 only applies to state
-section 242 is willful intent |
|
|
Term
|
Definition
| The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized |
|
|
Term
|
Definition
| No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation |
|
|
Term
|
Definition
| In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense |
|
|
Term
|
Definition
| Civil Rights (discrimination) |
|
|
Term
| The Law of arrest in a constitutional sense derived from which amendment |
|
Definition
|
|
Term
| What rules from the Ala Rules of Criminal Procedure grants our powers of arrest? |
|
Definition
| Rules 3 (with a warrant) and 4 (withOUT a warrant) |
|
|
Term
| Under what condition can a citizen arrest be carried out? |
|
Definition
|
|
Term
| Sources for probably cause |
|
Definition
-the officer saw the offense
-knowledge, training, experience
-reports from the agency or dispatch
-info from witnesses, victims, citizens
-credible informants
-physical evidence
-past criminal record of the suspect
-the suspect flees from the scene |
|
|
Term
|
Definition
| warrant required UNLESS Hot Pursuit |
|
|
Term
|
Definition
| gives consent to STOP & FRISK briefly. |
|
|
Term
| To search an vehicle under reasonable suspicion, you have to search under what condition? |
|
Definition
|
|
Term
Jurisdiction & Venue
Stolen Property |
|
Definition
| Venue in any county where property from another state was brought |
|
|
Term
Jurisdiction & Venue
offense committed in more than one county |
|
Definition
|
|
Term
Jurisdiction & Venue
offense committed 1/4 mile of county line |
|
Definition
|
|
Term
|
Definition
misdemeanor - one county over
Felony - within the state |
|
|
Term
|
Definition
| prohibits discrimination in all areas of empoloyment |
|
|
Term
| Who does Title 7 apply to? |
|
Definition
| Employers with 15 or more employees |
|
|
Term
| Americans with a disability act of 1990 |
|
Definition
| protects an QUALIFIED person with a disability that can do the job with our without reasonable accomodation |
|
|
Term
| 6th amendment only takes place after adversary Judicial Procedure |
|
Definition
|
|
Term
| When can you make an arrest? |
|
Definition
Probable cause
A warrant
Exigent circumstances |
|
|
Term
| Search incident to a lawful arrest |
|
Definition
| body of person and vehicle have to be done contemporaneously (at the same time of arrest) |
|
|
Term
|
Definition
| Example: officers could search a closet compartment when they had a defendant in custody who was allowed to get dressed |
|
|
Term
| Permission to search a child's room is given by _____. |
|
Definition
| parent or guardian.. can not search an adults room even if they are living with their parents. |
|
|
Term
| consent search can be given and taken away |
|
Definition
|
|
Term
| Anonymouse tips alone are not enough to have probably cause |
|
Definition
|
|
Term
| what has to be present to issue Miranda |
|
Definition
| Custody and Interrogation |
|
|
Term
|
Definition
|
|
Term
|
Definition
Use of Force (teenager shot after burglary)
-if a person is unarmed, do not shoot |
|
|
Term
|
Definition
Excessive Force (diabetic victim)
-use of force muust be objectively reasonable based on facts and circumstances confronting the officer |
|
|
Term
|
Definition
| can stop persons under reasonable suspicion and frisk outter clothing for weapons |
|
|
Term
|
Definition
-Protective sweep of a dwelling to search for other persons to protect officer's safety
-plain view (red running suit) |
|
|
Term
| Initial Appearance (court) |
|
Definition
-with magistrate
-judge gets true name
-informs defendant of charges
-informs defendant of rights to cousel |
|
|
Term
|
Definition
| A plea is entered to the courts |
|
|
Term
|
Definition
-12 jury members
-District attorney
-goal is to get an indictment so the case doesnt have to go to trial |
|
|
Term
| For an indictment to be valid it must be endorsed by that statement _______. |
|
Definition
|
|
Term
|
Definition
-Probably cause is examined
-must be held within 30 days of arrest
-only evidence relevant to PC will be admissible |
|
|
Term
| Trial.. cases go to trial when.... |
|
Definition
-an indictment is not given by grand jury.
-defense attoney thinks the officers case is weak
-defendant thinks he is innocent |
|
|
Term
| The Burden of proof concerning exigent circumstances rests with ______ |
|
Definition
|
|
Term
|
Definition
-PI
-recklessly causes PI
-causes PI with intent to prevent an officer from duties |
|
|
Term
|
Definition
-SPI with or without DW/DI
-recklessly causes SPI with DW/DI
-Intentionally causes stupor, unconsciousness, or mental impairment by giving a drug or substance without consent |
|
|
Term
|
Definition
-SPI
-SPI with DW/DI
-SPI in the course or commission of any 1st degree felony
-cause SPI by DUI |
|
|
