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Maryland State Law Questions and Answers (Expert Solutions)

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Maryland State Law Questions and Answers (Expert Solutions)

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Maryland State Law Questions and
Answers (Expert Solutions)


Q: Probable Cause ANS 🗹🗹: The minimum amount of evidence needed to arrest


Q: Proof beyond reasonable doubt ANS 🗹🗹: Minimum amount of evidence needed to
convict


Q: Reasonable Suspicious ANS 🗹🗹: facts and circumstances that would lead a
reasonable police officer based on training, knowledge, and experience to believe a
crime is being committed or was committed


Q: No ANS 🗹🗹: Do you need a warrant if you have probably cause someone committed
a felony?


Q: Sources of criminal law ANS 🗹🗹: Case law: laws based on decided cases, Terry v
Ohio

Statutory Law: laws drafted by legislature

Common Law: English law carry overs


Q: The two highest courts in Maryland ANS 🗹🗹: The court of appeals and court of
special appeals


Q: Actus Reus ANS 🗹🗹: The actual criminal act or omission of a required act


Q: Mens Rhea ANS 🗹🗹: the mental state of a criminal mind


Q: What is a crime? ANS 🗹🗹: Prohibited conduct

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Q: Who determines what is a crime? ANS 🗹🗹: General Assembly in Maryland


Q: The elements of a crime ANS 🗹🗹: actus reus and mens rea


Q: What is Actus Reus ANS 🗹🗹: The act or the omission of an act

ex Breaking and entering is the actus reus of burglary

Hitting someone is the actus reus of 2nd deg assualt


Q: What is Mens Rea ANS 🗹🗹: state of mind or intent

Examples

Mens rea of 1st degree burglary is the intent to commit a crime of violence or commit a
crime of theft


Q: General Intent ANS 🗹🗹: The intent to do what the law prohibits



It is not neccessary for the state to prove the defendant intended the consequence



Ex



4th deg burglary - general intent to break and enter


Q: Specific Intent ANS 🗹🗹: The intent to accomplish the precise act the law prohibits

State must prove the defendant intended for the consequences of his or her actions to
occur

Example

1st deg burglary - specific intent to commit theft or crime of violence


Q: Who issues search warrants, and who usually does arrest warrants ANS 🗹🗹: Judges
issue search warrants, Court commissioners issue mostly arrest warrants

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Q: Common Law Crimes ANS 🗹🗹: originated in case law of England and American
colonies prior to Revolution

Unless specifically repelled or changed by state, common law crimes still exist

Max penalty - nothing that is cruel or unusual


Q: Statutory Crime Law ANS 🗹🗹: body of law created by acts of the legislature

Max Penalty is set by legislature

Examples: sex offender registry, car jacking


Q: Misdemeanor ANS 🗹🗹: offenses generally punishable by fine, imprisonment in the
local detention center up to 18 months, or statutorily defined as a misdemeanor



Always always charged in district courts



Statue of limitations: One year and one day to charge


Q: Felony ANS 🗹🗹: a crime of more serious or grave nature



Generally punishable by imprisonment in division of corrections or statutorily defined
as a felony



Most felonies are charged by way of indictment



Statue of limitations: None in Maryland


Q: Inchoate Crimes ANS 🗹🗹: "Incomplete crimes"

There is full preparation but crime does not finish or missing an element

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