test no. 4 study guide

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things to know for cjus class

Actus Reus

Act committed that was in violation to the law

Mens rea

Intent that a person has to commit a crime

Causation

Prosecution must prove "causation" weather it be the cause if death, Injury, ect.

Direct causation

Act was intentional/ direct
Act caused the injury

Proximate Causation

Act was not direct
Resulted in death/ injury

Retribution:

Society can vent anger
Exact vengeance

Deterrence

To dissuade offenders

Restraint:

Confinement
Executed
Incapacitated
No further opportunity to commit a crime

Rehabilitation

Education and treatment
Become productive member of Society
And returns to society

Restoration

Victim-oriented approach
Victim compensation
-called restitution
Gives constructive roles for victims

Principals

Those involved in a crime

First degree

Requires the intent of the person
Engages knowingly in criminal activity
Causes the harm

Second Degree

Aid's, counsels, enables, or commands crime
Present at time of crime

Accessories

Aids/ abets a crime: before the fact
Aids/ receives/ comforts: after the fact

Constructively present

Such as a get away driver
Principal 2nd degree

Enables, commands, aids or counsels

2nd degree criminal charge

Embezzlement

Unlawful possession of another's money or property
Fraudulently convert money or property

Extortion

Not threats of immediate violence
Threats of future harm
Accuse of crime
Not just possession

Theft by false pretenses

Obtains title to property of another
Knowingly makes false representations
With intent to defraud
Must gain title/ not just possession

Receiving stolen property

Buying/ receiving
Known to have been stolen

Forgery

Making a false writing
Materially alter a genuine writing

Fortification

Unmarried
Sexual intercourse
Who cohabitate

Adultery

Married person
Cohabits with another
Has sexual intercourse

Sodomy

Variety of sexual acts
Human partners (same/opposite sex)
Human and animal (bestiality)
Sexual contact with a corpse (necrophilia)

Incest

Cohabitation / sexual intercourse
Closely related persons
Parent and child/ Siblings
Related by birth rather than marriage

Bigamy

Marriage before prior marriage terminated

Prostitution

Provided sex to another for a reward
Male or female

Crimes against government

Authority to protect itself
Against injury/ destruction
Protect from corruption

Treason

Attempting by overt acts
To overthrow/ levy war
Against the government

Perjury

Willfully giving a false statement while under oath
Concerning a material matter
Concerning a material matter
In a judicial proceeding /congressional hearing/ before a notary public

Bribery

Giving or promising to give a public official something of value

When are police allowed to search a Motor vehicle?

Probable cause

When are police allowed to Stop and Frisk a person?

Reasonable suspicion

open fields doctrine

Search for contraband

abandoned property

automobile, dwelling, personnel property

customs and immigration

exempt from Probable cause
mere suspicion
can detain and search

Body searches

"real" or "reasonable suspicion"

Body cavity search

"clear indication"

4th amendment

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.

private citizens searches

Garbage can placed at curb next to house is illegal to search

probation- parole

condition of waive right to search and seizure

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