Freedom of Expression
Search & Seizure (exclusionary rule applies)
Contains the requirement for a Grand Jury Indictment. Guarantees right to self-incrimination.
provides the defendents the right to have a lawyer
prevents excessive bail of a defendant
An offense which involves the most severe punishment. (More than a year in prison.)
15 days to 1 year in jail
up to 15 days in jail
A reasonable belief that a crime has been committed. This is the proof law enforcement need to make an arrest in NYS.
Culpable Mental States
Intentionally- on purpose
Knowingly- aware that conduct is of such nature that such circumstances exist
Recklessly - aware of & consciously disregards the substantial & justifiable risk
Criminal Negligence - fails to perceive the substantial & justifiable risk that the result will occur
Strict Liability- vehicle & traffic law/voluntary act or omission to perform an act which one is capable of. (driving speed limit, wearing seat belt)
"guilty mind". Amount of criminal intent.
Model Penal Code Test
NYS standard to determine if a defendant is insane
when a suspect pleads guilty to a lesser charge. 90% of cases are plea bargained
determines if there is enough evidence to go to trial. Group of randomly selected citizens (16-23).
Factors that courts consider for setting bail
weight of evidence, character of accused, criminal record, employment, family, fled earlier, protect society from dangerous offenders. (A judge determines the amount of bail.)
Four Purposes of Punishment
Incapacitation- preventing criminal from committing more crimes
Deterrance- teaching criminal a lesson so they will not break the law again.
Rehabilitation- helping criminal become a law abiding citizen
Retribution- justification of punishment is purely due to human nature and serves no legitimate purpose
Buildings get burglarized! Someone enters and remains unlawfully on someone's property with the intent to commit a crime
taking of someone else's property with the intent to keep it
taking someone's property through the use of force or threat of force
Most common plea of defendants
Must list items officer is looking for & where the officer intends to look for them. Warrants are only good for 10 days of being issued from 6am-9pm
applies to the 4th amendment. Any evidence that may have been illegally obtained by the police.
Mapp v. Ohio
Evidence from a peron's home was illegally collected by law enforcement. Later rejected in court.
Whren v. U.S.
officer can stop a car for traffic violation & search individual's car, "pre-text stop"
Vernonia v. Acton
student athletes drug tested because have lesser expectation of privacy & are held to a higher standard
Terry v. Ohio
Police can act on suspicion & frisk people without probable cause
Miranda v. Arizona
right to remain silent during police investigation
Offenders are legally ordered to stay confined in their own residences for a period of time
community based continuation of sentence