Criminal Law Final

Criminal Law Final - Joshua Michael Kleinman Criminal Law...

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Joshua Michael Kleinman Criminal Law Final Part I 1. An act is not a crime until a statute makes it a crime because although the act may be morally or ethically wrong the law must prohibit it for it to be construed as a crime. 2. The prosecutor has the burden of proving a case with the standard being beyond a reasonable doubt. 3. The duress defense must show that the person was forced or was threatened by force to commit the crime. The necessity defense must show that the defendant was forced to commit the crime so that greater harm would not befall them. 4. Reasonable suspicion is a suspicion based solely on facts that the person has committed or will commit a crime. Probable cause is based on specific facts that point to the person that he/she will commit or has committed a crime, more than reasonable suspicion. 5. Charging the jury is done by the judge in which he informs the jury of the law that applies to the specific case in which they are sitting. 6. There is no requirement for the defendant to take the stand because of the 5 th Amendment which states that the defendant has the right to not incriminate him/herself. 7. No, the prosecutor cannot compel a paralegal to testify against a client because the attorney/client privilege extends to everybody who works with that attorney. 8. Yes. 9. The police department carries out the pretrial investigation report. 10. Yes, because it does not violate the 8 th Amendment. Part II 1. The defense that can be used in this instance is the self-defense defense. 2. The defense in this case should be the duress defense. 3. The defense that would be used is the battered woman syndrome defense. Part III 1. The items required that the police officers must present to obtain a search warrant is the scope of items they are looking for, show probable cause the items they are looking for are connected with criminal activity and as specific as possible as to
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This note was uploaded on 05/06/2008 for the course CORP 101 taught by Professor Kelly during the Spring '08 term at Fairleigh Dickinson.

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Criminal Law Final - Joshua Michael Kleinman Criminal Law...

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