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15 Cards in this Set

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Increasing the penalty for a crime beyond the prescribed statutory maximum
The Constitution (5th Amendment Due Process Clause & Jury Trial Guantee of the 6th Amendment) requires that any fact which increases the penalty for a crime beyond the prescribed statutory max,other than the fact of a prior conviction, must be charged in an indictment, submitted to a jury, and proved beyond a reasonable doubt
1) breaking and
2) entering
3) the dwelling house of another
4) at night
5) with the intent to commit a felony or larceny therein
Larceny - Intent to return
One who takes anothers property intending at the time he takes it to use it temporarily and then to return it unconditionally w/in a reasonable time - and having a sunstantial ability to do so - lacks the intent to steal required for larceny.
Does larceny merge w/ burglary?
No - larceny and burglary are sepearte criminal offesnse which do not merge
Does larcency merge w/ robbery?
Yes - larceny is a lesser included crome of robbery and merges into robbery - if a defendant is found guilty of robbery, he cannot also be guilty of larceny in the same criminal transaction
"Beyond a Resonable Doubt" standard
that state of the case, which after the entire comparison and consideration of all the evidence,leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction to a moral certainty, of the truth of the charge
Moral Certainty = Reasonable Doubt
Is delivery of property by mistake larceny?
The recipient of the mistaken delivery who appropriates the property commits a trespass in the taking, and is guilty of larcey IF realizing the mistake at the moment he takes delivery, he then forms an intent to steal the property
"Two-Way Street" of reciprocal discovery
To avoide trial by surprise and allow both parties to be aware of the evidence introduced bny the advesary
**requires the defense to disclose a written summary of testimony it intends to use (e.g., opinion witnesses, bases and reasons for expert opinion)
5th Amendment Privilege Against Self Incrimination
Protects an individuals OWN compelled testimony
6th Amendment Right to Counsel
Protects against the deliberate elicitation of incriminating statements from the defendant
What constitutes a "seizure" for 4th Amendment purposes
Court has defined "seizure" as a submission to the assertion of authority, or the application of physical force to restrain movement, even if unsuccessful
**mere "show of authority" i.e. the pursuit of a fleeing suspect by police car, is not in itself a 4th Amendment seizure
**Any property that is thrown away or discarded at this point in time does not come under the 4th Amendment scrutiny.
Search & Seizure of an impounded vehicle
The police may conduct an inventory search of the contents of vehicles they have taken into their custody in order to protect the vehicle and the property in it and to safeguard th epolice from claims of lost possessions
Inventory search of a lawfully impounded car
Must be necessary in light of standardized criteria, such as protecting the owner's property
**Impoundment may not be used as a pretext for a search for evidence of a crime or a subterfuge for an exploratory search
When is a frisk illegal?
When there is no reasonable suspicion on the part of the police to belive that the person being frisked is armed and dangerous (violative of Terry v. Ohio standard)- if frisk is unlawful the evidence seized is not admissable
Unannounced entry of police
Generally, it is required that police give notice of their authority and purpose prior to making entry in the execution of a search warrant
**Notice is ordinarily required as a prerequisite to entry by force
**Increasing number of courts require that special facts be present for NOT complying w/ notice reuirement:
1)defendant has evidence in a place where it can be readily disposed or
2) compliance w/ the usual notice requirement would increase the peril of the officers