Crim Law Misc
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14 terms
Terms | Definitions |
|---|---|
 5 elements to every crime | Actus reus + social harm + mens rea + actual cause + proximate cause |
| CL Classifications of Crimes | Felonies & Misdemeanors |
| Felonies | Felonious homicide, arson, mayhem, burglary, rape, prison escape, robbery, larceny, sodomy |
| Misdemeanors | All other crimes not felonies |
| Classification of felony/misdemeanor today | Felony = death or imprisonment > 1 yr. or state prison, Misdemeanor = small fine, imprisonment < 1 yr, local prison |
| Rules governing evidence | Must be relevent and credible |
| What is relevent evidence? | probative (tends to establish the proposition for which it is offered) & material (might affect a verdict) |
| When must evidence be excluded? | When it is privileged OR prejudicial |
| Zackowitz | evidence must be excluded whenever its probative value is outweighed by its prejudicial effect |
| two types of Presumptions | Mandatory and Permissive |
| Mandatory presumption | jury is required to accept in the absence of a defense rebuttal, const. only if true over the universe of cases |
| Permissive presumption | jury may choose to accept or reject even in absence of defense rebuttal, relationship only need be more likely then not |
| Duncan case | sixth amendment applies to states, must have jury trial in criminal cases, (if penalty of imprisonment is < 6 months, then crime is considered petty and no jury trial needed) |
| Jury nullification | No right to nullify, judge may strike a juror if he/she indicates an intent to nullify |
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