BLW 1001 Lecture Notes - Lecture 5: Miranda Warning, Sixth Amendment To The United States Constitution, Exclusionary Rule
6 Feb 2017
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Document Summary
Acts prohibited by the state or federal government. Serious offenses such as murder, rape, and arson. May result in disenfranchisement and limit work opportunities. Punishable by fines or confinement in a local jail. To convict someone of a crime, the state must show: The act must have been criminalized before it was committed. The law must be constitutional and understandable. Guilt must be proven beyond a reasonable doubt for every element of the crime. Mens rea, or criminal intent, is an element of most crimes. Voluntary intoxication is not usually a defense. Infancy (youth) and insanity can make it impossible to prove intent. (under 7 they don"t have criminal intent 7-10 possible criminal intent 10+ criminal intent. ) Procedural safeguards protect the rights of the accused. Fourth amendment: protects against unlawful search and seizure. Sixth amendment: part of the miranda warning, trial by jury, right of confrontation. Eighth amendment: no cruel and usual punishment.
