Outline Of Crimes: Kyllo V. United States

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Chapter 5: Crimes Outline -Crimes are public wrongs, classified from most serious to least serious as Felony Misdemeanor Infraction Purpose of criminal sanctions: (Fines or imprisonment): deterrence, rehabilitation, and incapacitation. To convict a defendant of a crime, the government must: -Demonstrate that alleged acts violated a criminal statute. -Prove beyond a reasonable doubt that the defendant committed the acts. -Prove the defendant had the capacity of criminal intent. -Courts narrowly interpret criminal statutes. Constitutional Limitations: -Government may not enact an Ex post facto (After the fact) Law.Thus a person cannot be charged with a crime for an act that when committed was not a crime. -Constitutionally…show more content…
United States, held a device not in public use to examine what would otherwise be hidden is a search, thus presumptively unreasonable without a warrant. Warrantless searches: Supreme Court has held that constitutional warrantless searches include: -Area within an arrestee’s immediate control -Premises police enter in hot pursuit of an armed suspect -Stop-and-frisk searches for weapons -Inventory searches of property (e.g., briefcase, automobile) in an arrestee’s possession -Consensual searches The exclusionary rule The exclusionary rule prevents the use of evidence seized in an illegal search in a subsequent trial of the defendant. The Fifth Amendment The Fifth Amendment provides a privilege or protection against compelled testimonial self-incrimination -Practical meaning: a person may remain silent if making a statement would assist the government in prosecuting the person - Miranda warnings Safe guard the right -Also prohibits prosecutorial comments at trial about the defendant’s failure to testify. Double jeopardy

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