Download MPOETC Test 2 Solutions: US Constitution, PA Law, and Criminal Law Concepts and more Exams Constitutional Law in PDF only on Docsity!
solutions.
MPOETC Test 2 with 93 complete
solutions.
US Constitution - ANSWER - Supreme law of the land -- prevails over all laws.
27 amendments
Bill of Rights
US Supreme Court does what? - ANSWER Interprets the US Constitution and hears cases regarding federal laws.
How is the US Constitution relevant to LE? - ANSWER - contains rules:
- regarding criminal procedure
- writing, interpreting, and enforcing laws
- prohibiting violation of civil rights
What is the Bill of Rights? - ANSWER First 10 amendments to the US Constitution
1st Amendment - ANSWER Freedom of speech, press, assembly
2nd Amendment - ANSWER Right to bear arms
3rd Amendment - ANSWER No quartering of soldiers
4th Amendment - ANSWER Freedom from unreasonable searches and seizures
LEO are required to have probable cause for a warrant
solutions.
5th Amendment - ANSWER Miranda Warnings
Freedom from self incrimination, double jeopardy
Due Process (Federal)
6th Amendment - ANSWER Speedy trial -- right to cross examine -- right to counsel -- jury trial
7th Amendment - ANSWER Federal civil courts
8th Amendment - ANSWER Free from cruel and unusual punishments -- excessive bail
9th Amendment - ANSWER Unenumerated Rights -- basic human rights
10th Amendment - ANSWER All things not given to the federal gov't, goes to the states
14th Amendment - ANSWER Due process (state)
Equal protection for all citizens
Federal Courts - ANSWER US Supreme - writ of certiorari
Circuit Courts (Appellate)
District Courts (Trial)
State Courts - ANSWER PA Supreme
Commonwealth/Superior - Appellate
Common Pleas Court - Trial
Municipal Courts
PA Sources of Law - ANSWER US Constitution - creates the floor -- can add more rights, but can't take them away.
solutions.
Civil Law - ANSWER The law concerned with non-criminal matters --- pecuniary
Criminal law requires this much proof - ANSWER beyond a reasonable doubt
Civil law requires this much proof - ANSWER preponderance of the evidence (think 51%)
Crimes Code is cited as - ANSWER Title Pa. C.S.
PA Crimes Code purpose - ANSWER 1. To forbid bad things.
- To make sure good things don't get called bad.
- To ensure offender's rights/
- To tell people what the crimes are and their punishments.
- To differentiate btwn major and minor offenses.
Actus reus - ANSWER the ACT/conduct
- voluntary
- or an omission to perform an act of which he is physically capable of doing so
Mens rea - ANSWER the STATE OF MIND
- 6 possibilities: Intentionally, Knowingly, Recklessly, and Negligently
Intentionally (Mens Rea) - ANSWER engaging in the conduct or to cause a result by using one's conscious objective.
Knowingly (Mens Rea) - ANSWER practically certain that the conduct will cause such a result
-- Someone who is aware of the consequences and harm
solutions.
Recklessly (Mens Rea) - ANSWER creates substantial and unjustifiable risk even though they know it could hurt someone
-- you knew it was probably going to happen.
Culpability - ANSWER responsibility for a wrong
Who must prove each element of the offense? - ANSWER The prosecution with beyond a reasonable doubt
Insanity defense - ANSWER Burden of proof is on the defendant---has to show they weren't of "sound mind" when committing them
Entrapment defense - ANSWER 1. LEO was involved
-- LEO makes a false representation and the person believes the conduct is not illegal
-- LEO persuades someone to commit a crime, when they weren't going to in the first place
Consent defense - ANSWER willingness to allow for defendants actions
Ex. Playing a sport where you could get injured
Duress defense - ANSWER The belief of imminent danger or harm is reasonable.
Ex. Holding a gun to someones head
NOT A DEFENSE - ANSWER Voluntary intoxication
Ignorance of the law -- the CJS doesn't care if you didn't know the law existed.
De minimis infractions - ANSWER The court has discretion to excuse some conduct if it doesn't impede the case/facts -- no harm
Statute of limitations (SOL) - ANSWER Charges must be filed in a certain amount of time
solutions.
Complicity defense - ANSWER They are the victim or terminates complicity in a timely manner
Inchoate crime - ANSWER Not fully developed -- it did not actually happen, but almost did.
Inchoate grading - ANSWER The same as the crime that would have occurred
Ex. Murder 1 = felony 1
Attempted murder 1 = felony 1
Criminal attempt (inchoate) - ANSWER - the actor must intend
- the actor creates a substantial step towards the commission of the crime
Ex of substantial step: Kidnapping a child -- buys rope, ductape, and candy to lure.
Renunciation for criminal attempt - ANSWER abandonment
- must be voluntary and complete
- further steps are taken to prevent
Criminal Solicitation - ANSWER - intent
- to promote or facilitate the crime
- requesting another to engage
Ex. Hiring a hitman
Renunciation for criminal solicitation - ANSWER - persuading the person not to engage in the crime or prevent it from occuring
Criminal conspiracy - ANSWER Substantial step was taken towards the commission
solutions.
- have 2 or more people
- an agreement (doesn't have to be spoken)
-- preperation/planning
Renunciation for conspiracy - ANSWER thwarting the offense
Possession - ANSWER the possessor knowingly procured or received the thing and is aware of his/her control
Burglary (3502) - ANSWER Breaking and entering into a building with the intent to commit a crime therein
Robbery (3701) - ANSWER the unlawful taking of property from a person's immediate possession by force or intimidation
Homicide (2501) - ANSWER if someone IKRN causes the death of another human being
Murder 1 (2502) - ANSWER - requires premeditation (can only be a second)
Murder 2 (2502) - ANSWER - killing of someone during the commission of a felony
BARRKD -- Burglary, Arson, Robbery, Rape, Kidnapping, and Deviate Sexual intercourse
Murder 3 (2502) - ANSWER Catch all -- all other murders
Voluntary Manslaughter (2503) - ANSWER Heat of passion
solutions.
Statutory sexual assault (3122) - ANSWER intercourse with someone under the legal age of consent
Sexual assault (3124) - ANSWER he said/she said -- catch all
- no consent was given
- evidence of threat of force or use of force is weak
Indecent assault (3126) - ANSWER to arouse sexual desire in defendant or alleged victim
-force or threat of force
Agg. indecent assault (3125) - ANSWER digitally (fingers)
-force
Indecent exposure (3127) - ANSWER the crime of exposing the genitals
Arson (3301) - ANSWER Deals with fire
IKRN - different subsections have different mens rea
Criminal mischief (3304) - ANSWER damaging property of another
- grade depends on the damage amount
Criminal trespass (3503) - ANSWER the unwanted, unauthorized invasion of another person's property
--defiant and simple depending on other actions and circumstances
solutions.
Official Oppression (5301) - ANSWER A person acting in official capacity, knowingly commits conduct that is illegal, mistreats, searches, arrests, or impedes another of their rights.
Disorderly conduct (5503) - ANSWER intent to cause a PUBLIC inconvenience, annoyance, alarm, or a reckless risk thereof
Corruption of minors (6301) - ANSWER entice, aid, or encourage a minor to commit a crime or corrupts the morals
