Term
| 21 U.S.C.A. §§ 301-392 Pure Food, Drug, and Cosmetic Act (FDCA) |
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Definition
| The law that prohibits food, drugs, and cosmetics from being prepared or handled under unsanitary circumstances or under conditions that render them injurious to health |
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42 U.S.C.A. §§ 7401-7642 Clean Air Act
33 U.S.C.A. §§ 1251-1376 Clean Water Act
15 U.S.C.A. §§ 2601-2692 Toxic Substances Control Act |
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Definition
| Major federal environmental legislation which provide criminal sanctions |
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| (Definition varies) Engaging in tumultuous conduct, causing a public inconvenience, and making unreasonable noise, even after being asked to stop |
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| Attempt to combat juvenile crime and protect children by keeping them off the streets at night |
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| Federal Gun Control Act (18 U.S.C.A. §921) restrictions |
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Definition
May not transfer firearms if person is:
Under 21
Out of state resident
Convicted felon |
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| Decriminalization of routine traffic offenses |
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Definition
| Has proved to be an expeditious and efficient means of maintaining discipline and order on the public thoroughfares |
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| Offering something of value to a public official in order to influence his/her decision |
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Definition
Resisting arrest is a crime in all U.S. jurisdictions
Resisting a lawful or unlawful arrest is illegal
Resisting arrest poses a danger of escalating violence between officer and arrestee |
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Definition
| Crime of making a material false statement under oath is called |
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Term
| Affirmative defense of necessity |
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Definition
-Acted to prevent significant evil
-No adequate alternative
-Harm caused should not be disproportionate to the harm avoided
Ex: shipwrecked sailor stealing food |
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Definition
| For a defendant to be found not guilty by reason of insanity under this rule, it must be clearly proved that, at the time of committing the act, the defendant was suffering such a defect of reason, from disease of the mind, as to not know the nature and quality of the act he was doing; or, if he did know it, that he did not know what he was doing was wrong |
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Term
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Definition
It is the protection of one’s person against an attack
It is common to have a test of reasonableness in determining the degree of force permitted in the exercise of self defense
If self defense is raised by the defendant, prosecution must prove beyond a reasonable doubt that the accused did not act in self defense
Today, the majority of jurisdictions do not require that a person faced with the threat of bodily harm must retreat before resorting to self defense; they may stand their ground |
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Definition
No crimes mentioned in testimony will be prosecuted.
Best for a witness (it is broader than use immunity). |
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Definition
After a certain number of years, can’t prosecute any more
Differs by offense |
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| Most successful nontraditional defenses |
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Definition
Unusual religious beliefs
Post traumatic stress syndrome
Postpartum depression |
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Definition
| States that Fourth Amendment protection against unreasonable search and seizure is not extended to open fields (even if the fields are private property) |
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Definition
| Fourth Amendment rights may be waived to consent to a search, or voluntarily allow a police officer to conduct a search |
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Term
| Exceptions to requirements for a warrant |
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Definition
Plain view doctrine
Emergency searches
Search incident to a lawful arrest
Hot pursuit |
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Term
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Definition
| Routine law enforcement technique whereby police officers stop, question, and sometimes search suspicious persons |
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Term
| Fruit of the poisonous tree doctrine |
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Definition
| Holds that evidence derived from other evidence that is obtained through an illegal search or seizure is itself inadmissible |
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Definition
| Are typically allowed where crimes are committed in plain view of a police officer |
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Term
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Definition
| “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed to represent you. Do you understand each of these rights?” |
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Definition
| Must not be impermissibly suggestive |
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Definition
| Interrogations include both express questioning and functional equivalents including any police action that would likely elicit an incriminating response |
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Definition
| To ensure the appearance of the accused in court |
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Definition
| Criminal defendants have the right to retain attorneys to represent them in all types of criminal prosecutions |
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Definition
| The accused’s first appearance before a court of law with the authority to conduct the criminal trial |
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Term
| Common privileges to limit testifying |
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Definition
Clergy-penitent privilege
Marital privilege
Attorney-client privilege |
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Definition
| Process by which prospective jurors are questioned by counsel and/or the court before being selected to serve on a jury |
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Definition
| Evidence that refers to an oral or written statement by a person other than the one testifying in court. |
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Definition
| Tangible items, such as maps, blood samples, x-rays, photographs, stolen goods, fingerprints, and weapons |
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Definition
| When the jury disregards the evidence and the judge’s instructions on the law to acquit the often sympathetic defendant |
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| Before sentencing, the defendant is given the right to speak on his own behalf |
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Definition
| A common approach to sentencing where judges are given discretion within a range |
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Definition
| Legislative guidelines mandating that sentences conform to guidelines absent a compelling reason for departing from them |
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Definition
| Prisoners may not be confined in conditions that violate the Eight Amendment prohibition against cruel and unusual punishment; this includes that prisoners must be provided with reasonably adequate food and medical care |
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Term
| The doctrine of harmless error |
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Definition
| Is based on the principle that reversal of a judgment is required only when substantial, as distinct from merely technical or harmless, errors are found in the record |
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Term
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Definition
| Petition for discretionary review |
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Term
| Ineffective assistance of counsel |
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Definition
| Claim that the attorney's performance in representing the defendant was deficient enough to result in serious errors that prejudiced the defendant’s right to a fair trial |
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Term
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Definition
| The president has the power to grant reprieves and pardons for offenses against the United States; this power is granted by the Constitution |
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