BUSA 2106 EXAM 3 PERRY BINDER GSU UPDATED ACTUAL Questions
and CORRECT Answers
1. terry vs ohio -*4th amendment case*
-stop and frisk (quick pat down for weapon)
-reasonable suspicion
--Ohio Police on a steak out watching a non-drug heaven? WTF They see this
person walking back and forth looking suspicious wearing a coat in summer.
Can police search him? Yes.
*stop & frisk
-walking back an forth in front of ghetto laundromat near drug area, cops stop
him and dont arrest him but basicaly accuse him and say that its reasonable
2. MARYLAND V KING (4th amendment) Guy who got arrested for assault, swabbed for DNA which
matched an unsolved rape case, he was charged with both and sentenced to
life, he said unconstitutional because of 4th amendment.
3. Mens rea Criminal mind with intent
-*malice aforethought*: intent! (premeditation) (Premeditated it with criminal
intent)
4. Actus reus voluntary physical act -> committing a crime
5. Strict liability crime Crime without criminal intent, ex dating 14 year old
6. Felony 1+ year (1-20)
[D.A. Superior Court]
major crime punishable by more than 1 year in prison; you face a minimum of
1 year - prosecuted by the DA oflce
7. Misdemeanor - maximum is up to 1 year in prison and *$1,000* in fines
8. District attorney Superior court, prosecutes felony
9. Negligence per se -convicted of a crime which has a rational relationship to a civil action, then the
conviction will act as conclusive proof of liability (only prove damages)
, -if a criminal conviction, following too closely, has a rational relationship to a
future civil action then that conviction will act as a conclusive proof of liability
in the civil action
10. Solicitor's office *STATE COURT*, prosecutes misdemeanor
11. Crimes *Crime of Assault or Civil Assault*
1. Torts- civil
-negligence per se
2 homicide
3 self defense
4 DUI
12. Torts (civil) 1) Elements of Negligence
2) Intentional Torts
3) Strict Liability
13. Homicide *Unlawful taking of a life*
1-Involuntary manslaughter
2-Voluntary manslaughter
3-Felony murder
4-Malice Murrrrrrrrrrrrrrrrrrrrrder
- Express Malice
- Implied Malice
14. Involuntary 1-10 years Committed a crime which was not a felony and somebody died (ex.
manslaughter vehicular homicide)
15. Voluntary Felony -took someone's life without premeditation. You didn't have enough
manslaughter time to think about it; you didn't plan it.
Ex. Crime of Passion (1-20 years) Road rage, gun fight, boyfriend/jealousy
16. Felony murder
, You participated in a dangerous felony like armed robbery, someone died and
you didn't do the killing. During commission of dangerous felony, someone
died and you didnt cause it - *going away for life*
17. Express Malice pre-meditated murder; planned the homicide - usually gets the death penalty
18. Implied Malice No premeditation, but you caused someone's death and you had an "aban-
doned, depraved heart" *(50 years)* complete disregard of human life, reck-
less
19. Self-defense -outside the house in GA, if you or a 3rd party face iminent deadly force or
substantial bodily harm then you can meet that with deadly force. With no so
call duty to retreat the not advisable
-A *justification defense*, defendants may justify their actions by saying they
acted to defend themselves.To establish the necessary elements to constitute
self-defense, the defendant must have *acted under a reasonable belief that
he was in danger of death or great harm and has no means of escape from
the assailant*.
20. Defense of home deadly force is justified against an intruder who is reasonably believed to
intend to commit a felony (there is no duty to retreat)
21. DUI Driving under the influence of alcohol or any mind altering substance. sleeping
in the car while intoxicated, sitting in the driver's seat too intoxicated w-
slumped over keys in his hand
22. 4th amendment No unreasonable searches or seizures
23. Warrant *Police need probable cause, based on objective, articulated facts*
-A legal paper, issued by a court, giving police permission to make an arrest,
seizure, or search.
24.
and CORRECT Answers
1. terry vs ohio -*4th amendment case*
-stop and frisk (quick pat down for weapon)
-reasonable suspicion
--Ohio Police on a steak out watching a non-drug heaven? WTF They see this
person walking back and forth looking suspicious wearing a coat in summer.
Can police search him? Yes.
*stop & frisk
-walking back an forth in front of ghetto laundromat near drug area, cops stop
him and dont arrest him but basicaly accuse him and say that its reasonable
2. MARYLAND V KING (4th amendment) Guy who got arrested for assault, swabbed for DNA which
matched an unsolved rape case, he was charged with both and sentenced to
life, he said unconstitutional because of 4th amendment.
3. Mens rea Criminal mind with intent
-*malice aforethought*: intent! (premeditation) (Premeditated it with criminal
intent)
4. Actus reus voluntary physical act -> committing a crime
5. Strict liability crime Crime without criminal intent, ex dating 14 year old
6. Felony 1+ year (1-20)
[D.A. Superior Court]
major crime punishable by more than 1 year in prison; you face a minimum of
1 year - prosecuted by the DA oflce
7. Misdemeanor - maximum is up to 1 year in prison and *$1,000* in fines
8. District attorney Superior court, prosecutes felony
9. Negligence per se -convicted of a crime which has a rational relationship to a civil action, then the
conviction will act as conclusive proof of liability (only prove damages)
, -if a criminal conviction, following too closely, has a rational relationship to a
future civil action then that conviction will act as a conclusive proof of liability
in the civil action
10. Solicitor's office *STATE COURT*, prosecutes misdemeanor
11. Crimes *Crime of Assault or Civil Assault*
1. Torts- civil
-negligence per se
2 homicide
3 self defense
4 DUI
12. Torts (civil) 1) Elements of Negligence
2) Intentional Torts
3) Strict Liability
13. Homicide *Unlawful taking of a life*
1-Involuntary manslaughter
2-Voluntary manslaughter
3-Felony murder
4-Malice Murrrrrrrrrrrrrrrrrrrrrder
- Express Malice
- Implied Malice
14. Involuntary 1-10 years Committed a crime which was not a felony and somebody died (ex.
manslaughter vehicular homicide)
15. Voluntary Felony -took someone's life without premeditation. You didn't have enough
manslaughter time to think about it; you didn't plan it.
Ex. Crime of Passion (1-20 years) Road rage, gun fight, boyfriend/jealousy
16. Felony murder
, You participated in a dangerous felony like armed robbery, someone died and
you didn't do the killing. During commission of dangerous felony, someone
died and you didnt cause it - *going away for life*
17. Express Malice pre-meditated murder; planned the homicide - usually gets the death penalty
18. Implied Malice No premeditation, but you caused someone's death and you had an "aban-
doned, depraved heart" *(50 years)* complete disregard of human life, reck-
less
19. Self-defense -outside the house in GA, if you or a 3rd party face iminent deadly force or
substantial bodily harm then you can meet that with deadly force. With no so
call duty to retreat the not advisable
-A *justification defense*, defendants may justify their actions by saying they
acted to defend themselves.To establish the necessary elements to constitute
self-defense, the defendant must have *acted under a reasonable belief that
he was in danger of death or great harm and has no means of escape from
the assailant*.
20. Defense of home deadly force is justified against an intruder who is reasonably believed to
intend to commit a felony (there is no duty to retreat)
21. DUI Driving under the influence of alcohol or any mind altering substance. sleeping
in the car while intoxicated, sitting in the driver's seat too intoxicated w-
slumped over keys in his hand
22. 4th amendment No unreasonable searches or seizures
23. Warrant *Police need probable cause, based on objective, articulated facts*
-A legal paper, issued by a court, giving police permission to make an arrest,
seizure, or search.
24.
