Exam 1: The Basics of Criminal Law

What major government document announces important limitations on government authority with respect to the investigation and prosecution of crime?

What protection is provided by the Fourth Amendment?

What is the action brought forth by victims for the purpose of gaining financial compensation for injuries or losses suffered because of wrongful actions from another?

In criminal prosecution, what falls first on the government as the responsibility to provide evidence that a person committed a crime?

List all of the court levels in the United States and discuss the jurisdiction and responsibilities of each. Which court is the highest court in the land?

What do some consider to be the only goal of the criminal law?

If a case involves federal law, it will be tried in federal court.

_______________________specifies what kinds of behavior are illegal, what punishments are available for dealing with offenders, and what defenses can be invoked by individuals who break it.

An appellant court may develop one of four decisions or any multiples of the four when reviewing a case. Discuss each form of decision and the influence of that decision on the case.

What is the process whereby all the parties with a state in a particular offense come together to resolve, collectively, how to deal with the aftermath of the offense and its implications for the future?

The _____________________ has mandatory jurisdiction in capital criminal and disciplinary cases and considered the Court of Last Resort.

A concurring opinion disagrees with the court's decision.

A law enforcement officer sees a man come out of a local convenience store. The man looks fervently in all directions; looks down at an object in his hands; and then begins running around the side of the store. The temperature of the night is fairly cool, but above freezing. The officer believes that the man has exhibited actions that make the officer believe that he has either stolen something from the store or committed a robbery. The officer approaches the suspect, who stopped running when the officer commanded him to stop. As the officer approaches the suspect, the man turns with his hands in the pockets of his coat. The officer orders the man to remove his hands from his pockets. The suspect simply stands, facing the officer, with his hands still in his coat pockets. The officer notices movement of the suspect's right hand in the coat pocket. Thinking that the man may have a weapon hidden in the coat pocket, the officer draws his weapon; points the weapon at the suspect; and orders the suspect to comply with his order to show his hands. Immediately, the suspect pulls his hands from his pockets and points an object at the officer. Because of the darkness of the night and the sudden action of the suspect the officer assumes the object to be a pistol and fires his weapon in perceived self-defense. The officer, based on training, fires the weapon with the intent to only to stop the assault. The suspect is struck in the leg and drops to the ground. The officer approaches the fallen suspect and observes that the object thought to be a weapon is actually a candy bar. The officer contacts dispatch for emergency assistance from Life Care. The suspect is transported to the hospital. Further investigation reveals that the suspect had indeed stolen the candy bar along with numerous other items from the convenience store. During his trial, the suspect's attorney files a motion to dismiss the case based on unlawful use of force based on the fact that the defendant was proven to have no weapon in his possession. The motion is denied. The defendant appeals the case. What should the appellate court consider during the review of this case? What decision should the appellate court develop?

The two main verdicts that can be reached in a trial, guilty and not guilty, do not speak to factual guilt or innocence.

The prosecutor is often described as the trier of law (or finder of law), meaning that he or she is generally tasked with resolving any legal matter that comes before the court.

How many federal district courts are there in the U.S.?

Which of the following appellate decisions most closely resembles a reversal?

A dual system of state and federal court systems exists today.

Stare decisis is synonymous with distinguishing cases.