flashcards/Criminal Law-Table 1.csv in hemlock-0.0.7 vs flashcards/Criminal Law-Table 1.csv in hemlock-0.0.8
- old
+ new
@@ -1,15 +1,15 @@
,
-,
-,
-,
-,
-,
-,
-,
-,
-,
-,
+Felony Murder,does not apply to co-felons
+Receiving Stolen Property,"Receiving stolen property is defined as receiving possession and control of stolen property, known to have been stolen by another person, with the intent to permanently deprive the original owner of his interest in the property"
+Larceny,Larceny is defined as the taking and carrying away of the tangible personal property of another without consent with the extent to permanently deprive the original owner of his interest in the property.
+Larceny by trick,Larceny by Trick is defined as larceny where the defendant obtains possession of the property via misrepresentation.
+Motion to Suppress (4A),"The 4th Amendment of the US Constitution (4A) protects defendants from unreasonable searches and seizures. Evidence obtained in violation of 4A may be suppressed under the exclusionary rule. Furthermore, under the ‘fruit of the poisonous tree doctrine,’ any derivative evidence obtained through an illegal 4A search may be suppressed. For the 4A to apply there must be 1) state action, 2) the defendant must have had a reasonable expectation of privacy in the items/areas to be searched/seized, and 3) one of a) there must have been a valid search warrant, b) if the search was invalid, the police must have relied on the warrant if in good faith or c) if there was no warrant, if an exception to the warrant requirement applies."
+Search Incident to Arrest,"For the search incident to an arrest warrant exception to apply, there must have been a valid arrest. A valid arrest usually requires probable cause. Generally, if a police officer witnessed a felony or misdemeanor take place in his presence, he does not need a warrant."
+Terry: Stop and Frisk,"Stop and Frisks under Terry v. Ohio are a valid exception to the search warrant requirement. The stop and frisk exception allows an officer to stop and question a suspect under reasonable suspicion that they are engaged in criminal activity, and may then perform a pat-down of the suspect if the cop reasonably believes the suspect is armed and dangerous."
+Self-Incrimination,"The 5th Amendment of the US Constitution (5A) protects individuals from self-incrimination. As part of that right, individuals must be read their Miranda warnings before every custodial interrogation. A suspect is subject to a custodial interrogation if 1) he objectively feels like he is not free to leave and 2) is being interrogated by an officer with questions that the officer knows or should reasonably know will illicit incriminating responses. Once a defendant invokes his right to stay silent, the officer must cease all questioning, the officer may resume questioning if he waits a substantial amount of time, re-reads the suspect his Miranda rights, and obtains the individual’s consent."
+Double Jeopardy,"The 5th Amendment of the US Constitution (5A) protects an individual from double jeopardy - or the right against being charged for the same crime twice. Jeopardy attaches when either the jury is empaled in a jury trial, or if the first witness has been sworn in a bench trial."
+Confrontation Clause,The 6th Amendment of the US Constitution (6A) provides the right of individuals to confront their accuser in a criminal proceeding. The right applies to all testimonial evidence against the defendant.
,
,
,
,
,
\ No newline at end of file