Criminal Justice
Review – Test #1
Name 3 sources of the law (different levels)
Federal, State and Local
Who issues an executive order and does it carry the weight of law?
President of the US. Yes, it carries the same weight as a law
New Jersey v. TLO addressed what issue and what was the finding of the Supreme Court?
School administrators searching student’s personal belongings/lockers, etc. @ school w/out a warrant.
Supreme Court found that in order for the school to keep control and carry out the job of school (education) it was not required for an administrator to have probable cause or a warrant to search. Reasonable suspicion is all that is needed.
An eye for an eye comes from what ancient code of laws?
Code of Hammurabi
Does a protective sweep require a warrant and under what circumstances can one be conducted?
No / An officer making an arrest at a person’s home.
What was the purpose of the Magna Carta?
Limited the powers of the king
What is the exclusionary rule and which Supreme Court case was it developed out of?
Evidence seized illegally cannot be used in court proceedings. Mapp v. Ohio
Where, even with a concealed carry license, can a person NOT carry a handgun?
Airports, govt buildings, w/in 1000’ of execution, racetracks, schools, school events or transportation
What level of offense is carrying a handgun on your person without a conceal carry license?
Unlawfully Carrying a Weapon / Class AMisd.
What is the level of proof required for an arrest?
Probable Cause
What is the Bill of Rights?
First 10 amendments of the US Constitution
What Supreme Court case gives an Officer permission to frisk a person that they have legally detained, if the Officer believes the person may have a weapon?
Terry v. Ohio
Is reasonable suspicion enough for an arrest warrant to be issued?
No
Can a person be arrested and sentenced to jail for a speeding ticket?
No / A Class C Misd. does not carry jail time as a sentence.
Define inchoate offense and name the 3 types. Give an example of each.
Not fully developed/beginning stages of a crime
Conspiracy/Solicitation/Attempted
Conspiracy – 2 or more people planning a crime. No action needed, can just be by communication.
Solicitation – urging, commanding, asking someone to carry out a crime
Attempted – ex. Attempted murder
What are the 3 types of intent? Explain each.
General – logical outcome of actions
Transferred – didn’t intend to harm the party, intended to harm another
Constructive – didn’t intend to harm the party, but should have known that their actions could result in high risk of injury
What is the punishment range for a capital murder offense?
Life w/out parole or death
Explain how a person can be charged with capital murder.
Murder AND…see list on power point regarding capital offenses
List examples of crimes against a person, habitation, property, public order and public morals.
Person-murder, sexual assault, robbery
Habitation-arson of home, burglary or home, criminal trespass of home
Property-theft, forgery, fraud, graffiti, Unauthorized Use of a Motor Vehicle
Public order – Public Intoxication, Disorderly Conduct, rioting, dog fighting
Public morals – gambling, prostitution, child pornography
What are the two elements of a crime? Define each.
Mens Rea – State of mind/intent
Actus Reus – Act itself/act committed
Explain the difference between probation and parole.
Probation – community supervision as initial punishment (prior to incarceration)
Parole – community supervision upon early release from prison
Explain the 3 ways Actus Reus can be met.
Physical or verbal act, Failure to do something (act by omission), Possession
When can a person be tried twice for the same offense?
If their case is overturned and retried, if the offense is against both a state and federal statute (Iaw), hung jury
Define the 3 type of possession that meet the actusreus requirement.
Constructive possession – person does not have physical possession of something, but still maintains control of it. They must know the item is illegal
Knowing possession – person has physical possession and they know it is illegal
Mere possession –person has possession of the item, but does not know it is illegal
Tell which amendment applies:
Freedom of Speech – 1st
Right to Bear Arms – 2nd
Protection against Double Jeopardy – 5th
Right to a Speedy Trial – 6th
Prohibits Cruel and Unusual Punishment – 8th
Protection against Unreasonable Search and Seizure – 4th
Confrontation of Witnesses – 6th
Know the punishment ranges for the following:
Misdemeanor:
C – up to a $500 fine
B – up to a $2000 fine and up to 180 days in jail or probation
A – up to a $4000 fine and up to 1 year in jail or probation
Felony:
State Jail – up to a $10,000 fine and 180 days – 2 years in state jail or probation
3rd– up to a $10,000 fine and 2-10 years in prison – or probation
2nd -up to a $10,000 fine and 2-20 years in prison – or probation
1st – up to a $10,000 fine and 5-99 years in prison – or probation
Capital – life w/out parole or death