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Define Actus reus
Guilty act. defendant must have voluntarily committed prohibited act.
Define Mens rea
guilty mind. depends on crime
Defense: Insanity=M'naugten rule:
- -suffered a serious, identifiable mental desease
- -because of it he did not understand the nature of his act or did not know that it was wrong.
if government induces defedant to commit crime, gov't must prove defendant was "predisposed"(to cause someone to act in a particular way) to commit the crime.
- threat by 3rd person, fear of imminent serious physical harm.
- except MURDER.
Trespassory taking some else property, stealing.
The deception of another person for the purpose of obtaining money or property from that person-----lie about something to get money,
Use of fire or explosives to damage or destroy any real estate or personal property.
use your posseion and control to steal someone's property.
What is RICO?
- Racketeer Influenced and Corrupt Organization Act.
- a powerful federal statue, originally aimed at organized crime, now used in many criminal prosecution and civil lawsuits.
a written statement signed under oath.
- Written permission from the judge to conduct a search.
- -must specify with reasonable certainty the place to be search and
- -the items to be seized.
it is reasonable to believe that criminal activity is occurring
it is likely that evidence of crime will be found
Motion to Suppress
request the court exclude evidence obtained in violation of Constitution.
In crminal law, prosecution must disclose evidence favarable to defendant
can't force someone to testify against herself.
confession obtained from custodial interrogation can't be used unless first warned of right against self-incrimination.
When the police conduct a search without a warrant when one was needed, all evidence they obtain come under the exclusionary rule.
What is exclusionary rule?
evidence obtained illegally may not be used at trail against the victim of the search.
- -plain view
- -stop and frisk:must have a reason for suspecting armed & dangerous
- -Automobiles(if lawfully stopped and evidence of other crimes are observed)
- -lawful arrest
define custodial interrogation
means that the police have prevented the defendant from leaving and are asking him question.