Rop Notes

Front 1

Fruits Of the Crime- that which was taken or obtained by the defendant upon competition of or as a result of the crime ex. Money, jewelry, guns/ instrumental of a crime- this is the means by which the defendant committed the crime. /contraband- specific items are by law declared unlawful merely to possess. Ex. Sawed off shotguns, brass knuckles/ hearsay is usually second or third hand , information is not relative to defendant/ spontaneous statement –volunteered info, spontaneous statement/ admissions & confessions commits & confess everything about the crime all facts about what happened./ dying declarations is declaring or confessing crime or anything when risk at death/ stop & frisk concept the court have held that when person stopped for search by police a seizure of the person has occurred w/I meaning of 4th amendment/ automobile searches- rule of thumb if you have enough PC for a search warrant you have enough to search a vehicle without one. /Miranda- two criteria that activates Miranda advertisement, one is custody, second subject to interrogation under 18 officer required by law to read your Miranda rights./ chain of custody- benefit is If accused falsely, if broken or properly documented is false accusation./things to remember in sex crimes frequency, intensity & duration, anybody can be a victim, leave pre-conceived ideas at home/ definition of consent means a positive cooperation in act or attitude pursuant to an exercise of free will , agreeing to an action freely & voluntarily & with knowledge of the nature of the act, a person cannot consent to an act when that person does not understand what the act is.

Back 1

consent vs. compliance a victims compliance with a sexual act does not mean consent, a victim who in no way consents may comply with an attacker to avoid further injury or perceived harm to self or others, resistance & or injury is not a required element of rape/ withdrawal of consent-when doing something if saying stop must stop or else rape charges, victim cannot give legal consent when under 18 years, incapable due to mental disorder or developmental disability, victim is unconscious or asleep, victim is prevented from resisting from resisting due to intoxicating liquor or medication/ rape is the act of penile or vagina intercourse committed without consent, penetration however slight completes act of rape, absent penetration an officer should check for rape/ assault with intent to commit rape, crime elements are assault, with specific intent, to commit mayhem,rape,sodomy,oral copulation, rape in concert, child molest, penetration with foreign object/mayhem is example to cut ear off, take off eye, ear or lipe./ rape investigation is peace officers must establish specific intent to commit sex crime through questioning, evidence, behavior or admission & all must be evaluated/ indecent exposure is an act in which a person willfully and lewdly exposes their person or private parts there of in any public sort where person feels offended or annoyed/

Front 2

related terms are willfully means an act done intentionally, knowingly, & purposely without justifiable excuse as distinguished from an act done/oral copulation in order to arrest a suspect for oral copulation must include one the act of copulating the mouth of one second with the sex organ or anus or another person when three the victim is under 18 or without consent. /penetration w/o a foreign object the following are the crime elements are use of foreign or unknown object, second to penetrate however slight, third the genital or anal openings & against the person’s will/ sodomy is sexual conduct, penis or anus slide/ sexual battery is act of touching another person’s intimate parts for the purpose of sexual arousal, gratification, or abuse or against the will of the victim & to discuss arousal & frotteurism/ terms are in concert refers to an act committed by more than one person or to a situation where one person aided or absetted by another. Aiding refers to helping, assisting or strengthening a perpetrator, abetting refers to counseling, encouraging, inciting or assisting in the commission of a crime/ evidence gathering is victims clothing , instrument of crime/ drugs is one of the most common arrest involving minors has most dramatic event/uniform controlled substances act regulates all drugs, including sales, possession, transportation, & manufacturing/ a drug is any substance that can impair a persons ability to function normally & any substance that has psychoactive properties/ narcotics are opiates or synthetic opiates whose primary function is to relieve pain & induce sleep/ arialgesics are pain medication whose major function is to relieve pain/ drugs operate by artificially introducing in the body chemicals that mimic the body’s natural hormones or neurotransmitters they may also block certain neurotransmitters to stop the function of a drug/ selected pathways are smoking which enters the body through the tissue of the lower respiratory system aka lungs, injection goes to muscle or vein/ synergistic effect the effect when 2 or more substances are used which result in an effect that each substance could not reach on its own, mixing drugs is primary cause of overdose & accidental death/

Back 2

/ drugs & herbal supplements the effect when 2 or more substances are used which result in an effect that each substance could not reach its own, mixing drugs is primary cause of overdose & possible or accidental death, paradoxical effect is an untainted consequence of a drug. / drugs & herbal supplements are prescription drugs are regulated by the food and drug administration & herbal supplements are not. The maker can make any claim they desire with little or no consequence/ drug tolerance is building up a resistance to a drug, requiring more of the substance to be ingested in order to achieve the desired effect./ addiction is when a person has a physical and psychological dependence on a drug. Tolerance, psychological & physical reliance is present. Without the drug he body & mind begin withdrawal process narcotics are opiates or synthetic opiates whose primary function is to relieve pain & induce sleep/ arialgesics are pain medication whose major function is to relieve pain/ drugs operate by artificially introducing in the body chemicals that mimic the body’s natural hormones or neurotransmitters they may also block certain neurotransmitters to stop the function of a drug/

Front 3

selected pathways are smoking which enters the body through the tissue of the lower respiratory system aka lungs, injection goes to muscle or vein/ synergistic effect the effect when 2 or more substances are used which result in an effect that each substance could not reach on its own, mixing drugs is primary cause of overdose & accidental death/ drugs & herbal supplements the effect when 2 or more substances are used which result in an effect that each substance could not reach its own, mixing drugs is primary cause of overdose & possible or accidental death, paradoxical effect is an untainted consequence of a drug. / drugs & herbal supplements are prescription drugs are regulated by the food and drug administration & herbal supplements are not. The maker can make any claim they desire with little or no consequence/

Back 3

drug tolerance is building up a resistance to a drug, requiring more of the substance to be ingested in order to achieve the desired effect./ addiction is when a person has a physical and psychological dependence on a drug. Tolerance, psychological & physical reliance is present. Without the drug he body & mind begin withdrawal process./