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A comprehensive overview of key legal concepts relevant to law enforcement, particularly focusing on the us constitution, pennsylvania law, and criminal law principles. It includes explanations of fundamental rights, criminal procedure, and various legal defenses. Presented in a question-and-answer format, making it a valuable resource for students preparing for the mpoetc test 2 or anyone seeking to understand basic legal concepts.
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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:
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
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.
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.
Actus reus - ANSWER the ACT/conduct
Mens rea - ANSWER the STATE OF MIND
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
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
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
Ex of substantial step: Kidnapping a child -- buys rope, ductape, and candy to lure.
Renunciation for criminal attempt - ANSWER abandonment
Criminal Solicitation - ANSWER - intent
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
-- 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
Statutory sexual assault (3122) - ANSWER intercourse with someone under the legal age of consent
Sexual assault (3124) - ANSWER he said/she said -- catch all
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
Criminal trespass (3503) - ANSWER the unwanted, unauthorized invasion of another person's property
--defiant and simple depending on other actions and circumstances
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