What Happens If Evidence Is Found Illegally? Independent Source Doctrine: If police obtain evidence illegally, but also obtain the same evidence through an independent, legal means, the evidence is admissible. … If a defendant was illegally stopped, but a valid outstanding arrest warrant is later discovered, evidence obtained during the stop may be admissible. What
What Judicial Theory Is Based On The Assumption That Acts Injure Not Just Individuals But Society As A Whole? Social learning theory (SLT) is a leading explanation of criminal behavior which maintains that crime is learned and more likely to occur when individuals differentially associate with people who are criminally involved, experience greater exposure to
Who Decides If Enough Evidence Exists To Proceed To Trial? A jury, usually composed of 23 jurors, that are tasked with determining if the state has enough evidence to hold a criminal trial. Who determines if there is sufficient evidence to take the case to court? The prosecutor then decides what criminal charges to file,
Why Do Most Criminals Take A Plea Bargain? Many successful criminal prosecutions in the United States end not with jury trials, but with plea bargains. … In plea bargains, prosecutors usually agree to reduce a defendant’s punishment. They often accomplish this by reducing the number of charges of the severity of the charges against defendants.
Why Is The Burden Of Proof Much Lower For A Civil Case As Compared To A Criminal Case? In a civil case, civil cases are about money, suing for money, so we have a lower burden of proof. … If the plaintiff in a civil case demonstrates, it’s more likely true than not true to
Which Statement Is True Relative To Intoxication As It Applies To Committing A Crime Group Of Answer Choices? Which statement is true relative to intoxication as it applies to committing a crime? Voluntary intoxication may be a defense in specific intent crimes. All but one of the following is true relative to the corpus delicti
Who Always Prosecute Criminal Cases? At the beginning of a federal criminal case, the principal actors are the U.S. Attorney (the prosecutor) and the grand jury. The U.S. Attorney represents the United States in most court proceedings, including all criminal prosecutions. What are the steps in a criminal prosecution? The criminal court process in California
Which Phrase Refers To The Inherent Power Of The State To Protect Persons Legally Incapable? [Latin, Parent of the country.] A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf. The parens patriae doctrine has its roots in English Common
What Type Of Cases Are Heard By The State Court? Cases that involve family disputes, misdemeanors, felonies, and traffic violations are all heard by state courts. The jurisdiction of federal courts, on the other hand, is limited to cases specified by the United States Constitution and Congress. What type of case is most common in
What Are The Four Excuse Defenses? Excuse defenses are used when the actor’s mental state or belief demonstrate that he should not be held responsible for the criminal act. Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment. What are the 4 defenses to a crime? When it comes to criminal cases, there