4th Amendment - ✔✔ Freedom from unreasonable searches and seizures
5th Amendment - ✔✔ The Right to Remain Silent/Double Jeopardy, right to
... [Show More] due process
6th Amendment - ✔✔ Right to a speedy trial
14th Amendment - ✔✔ Expands and reinforces due process
Procedural Due Process - ✔✔ This is the procedure that the government has to follow while it is seeking to deprive people of their life, liberty, or property (examples: right to counsel, right to a jury trial, rights against self-incrimination)
Substantive Due Process - ✔✔ This is the actual power of the government to deprive people of their life, liberty, or property. In general, the more of a person's life, liberty, or property will be affected, the more compelling the government's reason for the law must be.
District Court - ✔✔ -Hears small claims up to $5,000
-Hears law suits up to $25,000 or less
-Hears criminal trials for 1-year misdemeanors or
less
-Holds all arraignments
Circuit Court - ✔✔ -Hears civil suits of more that $25,000
-Hears felonies and high court misdemeanors
-Distributes PPO's
Actus Reus - ✔✔ guilty act
Mens Rea - ✔✔ guilty mind/criminal intent
Specific Intent - ✔✔ Not only does the prosecutor have to prove that the defendant did certain acts, but also that he did the acts with the intent to cause a particular result
General Intent - ✔✔ The defendant intended to do the act, but did not intend to cause a particular result
Corpus Delicti - ✔✔ Body of the crime (the elements)
Attempt - ✔✔ 1. Defendant intended to commit and offense
2. Defendant took some action toward
committing the alleged crime but failed to
complete the crime. Planning/prep is not
considered and attempt. The action must go
to the point where the crime would have
been completed if it had not been
interrupted by outside circumstances.
Conspiracy - ✔✔ 1. The defendant and one of more persons knowingly agreed to commit a crime
2. The defendant specifically intended to commit or help commit that crime
Assault - ✔✔ - 93-day misdemeanor
1. The defendant either attempted to commit a battery or did and act that would cause a reasonable person to fear and immediate battery.
2. The defendant indented either to commit a battery or to make the victim reasonably fear an immediate battery.
3. The defendant, at the time, had the ability to commit a battery, appeared to have the ability, or thought he had the ability.
Assault and Battery - ✔✔ - 93-day misdemeanor
1. The defendant committed a battery on the victim. The battery must have been intentional and must have been against the victim's will. It doesn't matter if this caused injury or not.
2. The defendant intended to commit a battery upon the victim, or at least make the victim fear and immediate battery.
Assault of a Police Officer - ✔✔ 1. The defendant assaulted, battered, wounded, resisted, obstructed, or endangered a police officer.
2. The defendant knew or had reason to believe that the person was a police officer performing his duties at the time.
Felonious Assault - ✔✔ 1. Defendant committed/attempted to commit a batter or committed an act that would make a reasonable person fearful of an immediate battery.
2. The defendant intended to injure or make the victim reasonably fear an immediate battery.
3. The defendant had the ability, appeared to have the ability, or though he had the ability to commit a battery.
4. The defendant committed the assault with a dangerous weapon (including firearm, knife, bombs, steel toe boots, etc.)
Assault with Intent to Murder - ✔✔ 1. Defendant tried to physically injure another person.
2. When defendant committed the assault, he had the ability, or believed he had the ability to cause an injury.
3. Defendant intended to kill the person assaulted.
Assault with Intent to do Great Bodily Harm Less than Murder - ✔✔ 1. Defendant tried to physically injure another person.
2. Defendant had the ability/thought he had the ability to cause injury.
3. Defended intended to cause great bodily harm.
Child Abuse - 1st Degree - ✔✔ 1. Defendant is the parent/guardian of the child (or any person who cares for/has custody of/has authority over a child).
2. Defendant intentionally caused serious physical harm or serious mental harm to the child.
3. The child was under 18.
Child Abuse - 2nd Degree - ✔✔ 1. Defendant is the parent/guardian of the child (or any person who cares for/has custody of/has authority over a child).
2. Defendant did one of more of the following:
a. Willfully failed to provide food/clothing/shelter or abandoned the child, resulting in serious mental of physical harm to the child.
b. Did some reckless act that caused the child to suffer serious physical harm.
c. Intentionally did an act likely to cause the child serious physical or mental harm.
d. Intentionally did an act that was cruel to the child.
3. The child was under 18.
Child Abuse - 3rd Degree - ✔✔ 1. Defendant is the parent/guardian of the child (or any person who cares for/has custody of/has authority over a child).
2. Defendant did either of the following:
a. Intentionally caused the child physical harm.
b. Intentionally committed and act that posed and unreasonable risk of harm or injury to the child and the act resulted in physical harm.
3. The child was under 18.
Child Abuse - 4th Degree - ✔✔ 1. Defendant is the parent/guardian of the child (or any person who cares for/has custody of/has authority over a child).
2. Defendant did either of the following:
a. Willfully failed to provide food/clothing/shelter or abandoned the child, resulting in physical harm to the child.
b. Intentionally committed and act that under the circumstances posed and unreasonable risk of harm or injury to the child.
c. The defendant's reckless act caused the child physical harm.
3. The child was under 18. [Show Less]