SPEA-V184 Final Exam All Possible Questions and Answers with complete solution

Criminal Law - Focuses on the laws that govern the citizens and are enforced by the state. Civil Law - Focuses on interactions between citizens (and corporations) Criminal Law characteristics - 1) The state brings the case, not the victim. 2) The defendant is the accused person. 3) The burden of proof has to be beyond a reasonable doubt. Civil Law characteristics -1) The plaintiff brings the case 2) The defendant is the party responding to the filing. 3) The burden of proof is by a preponderance of the evidence. Right to trial by jury: Felonies - Have a jury of 12 Right to trial by jury: Misdemeanor - Defendant can request a trial by jury within a certain time period. (jury of 6) Right to a trial by jury: Civil cases - Found in the 7th amendment (jury of less than 12) 3 categories of crimes - 1) Felony 2) Misdemeanor 3) Infractions Felony characteristics - -punishable by death or incarceration in a prison for at least one year -may result in the loss of civil liberties Misdemeanor characteristics - -punishable by incarceration in a facility for less than a year -typically involves alternatives to incarceration -officers cannot arrest unless the crime was committed in their presence Infractions - Generally violations of city ordinances or traffic lawsExclusionary rule - Illegally obtained evidence cannot be used in trial (any violation made by authorities of 4th or 5th amendment laws) Exceptions to the exclusionary rule - -good faith rule -search incident to arrest -plain view rule -exigent circumstances Search incident to arrest - Officers may search a person and the area under their immediate control pursuant to an arrest. Good faith rule - Officers who conduct a search or seize evidence on the mistaken belief that they are adhering to the 4 Amendment may still use seized evidence in court. (U.S. v. Leon) Plain view rule - Evidence that is readily visible by officers executing a warrant or officers who are conducting a legal investigation may be seized if officers have cause to believe the evidence is associated with a crime.