.
first degree murder - ✔️✔️killing that is premeditated, deliberate, and done with malice
second degree murder - ✔️✔️commits first degree murder with mitigating factors which
include acting under intense passion OR they believe at the time the killing would be
justified but their belief is wrong.
Section 1983 lawsuits - ✔️✔️civil lawsuits authorized by a federal statute against state
and local officials and local agencies when citizens have evidence that these officials or
agencies have violated their federal constitutional rights
Outline the process of a felony case. - ✔️✔️Statute of Limitations= 3 years for most
felonies
Charged via an info. or indictment
Preliminary hearing
Indictment by grand jury
Arraignment
Pleas
Plea agreements and plea bargains
Forcible Felony - ✔️✔️Murder, Agg sex assault, criminal sex assault, kidnapping,
predatory sex assault, burglary, arson, robbery, treason.
Defenses - ✔️✔️Ignorance, Defense of person, Insanity, Defense of dwelling,
Necessity, Infancy, Compulsion, Entrapment, Drugs and Intoxicants.
aggravating factors- assault - ✔️✔️location (public), status of victim, use of
firearm/other weapon.
Predatory Criminal Sexual Assault of a Child - ✔️✔️Accused is 17 or over and victim is
under 13
Class X Felony (6-60 years)
If convicted of two or more, natural life in prison
Sexual Conduct - ✔️✔️any knowing, touching, or fondling by the victim of the accused,
either directly or through clothing.
Criminal Sexual Assault - ✔️✔️the act of sexual penetration and the use of force or
threat of force.
act of sexual penetration and the accused knew the victim is unable to give knowing
consent.
, act of penetration and victim is under 18 and the accused is family.
age 13-17 victim or accused is 17 or over but the person is authority or family.
Defenses to Criminal Sexual Assault/Abuse - ✔️✔️consensual
lack of verbal or physical resistance
Theft (Misdemeanor/Felony) - ✔️✔️over $500- felony
less than $500= misdemeanor
Retail Theft (Misdemeanor/Felony) - ✔️✔️greater than $300= Felony
Less than $300= misdemeanor
3 Pillars of Community Policing - ✔️✔️Developing Community Partnerships, engaging
in problem solving using SARA, Implementing organizational features/transformation
Deceptive Practice (Misdemeanor/Felony) - ✔️✔️greater than $150= felony
Less than $150= misdemeanor
Criminal Damage to Property - ✔️✔️Greater than $500= Felony
Less than $500= Misdemeanor
Weeks vs. US - ✔️✔️Exclusionary rule at federal level- 1914
Gideon v. Wainwright - ✔️✔️A person who cannot afford an attorney may have one
appointed by the government. 1963
Graham v. Connor - ✔️✔️objective reasonableness. 1989
Mapp v. Ohio (1961) - ✔️✔️Extended the Exclusionary Rule to the states, increasing
the protections for defendants
Tennessee v. Garner (1985) - ✔️✔️Deadly force may not be used against an unarmed
and fleeing suspect unless necessary to prevent the escape and unless the officer has
probable cause to believe that the suspect poses a significant threat of death or serious
injury to the officers or others.
Terry v. Ohio (1968) - ✔️✔️Police can detain a suspect with reasonable suspicion that
they have committed, are committing, or are about to commit a crime.
Miranda v. Arizona - ✔️✔️Supreme Court held that criminal suspects must be informed
of their right to consult with an attorney and of their right against self-incrimination prior
to questioning by police. 1966
Brady v. Maryland - ✔️✔️Prosecution must provide all evidence even if it helps the
defense.