Business 205 Exam 2

-Search warrant-Grand jury-indictment

-Misdemeanors-Felonies-Booking (picture, finger prints, DNA, criminal database)-Release from jail (obtain bail: insurance that you show up at court proceedings)

-1st appearance-Preliminary hearing-Arraignment-Suppression hearings-Trial: Jury of 12 (felony) (6 for misdemeanor)-Sentence hearing-Revocation of probation

1. Restraint- lock em up (get them away)2. Deterrence- a specific deterrence (teach a lesson)-general deterrence (demonstrate to society the crime should be avoided)3. Retribution- the punishment equal to the crime4. Rehabilitation- provide training

1. beyond a reasonable doubt2. the "guilty act"3. "guilty state of mind"4. defendant knowingly exposes victim to risk of injury5. failure to foresee the risk

Only actus read is necessary for some cases.

- Insanity - What about mental illnesses resulting from active and voluntary use of intoxicants? Voluntary not a defense, involuntary is a defense.

Defendant must show threat by a 3rd party caused fear of imminent physical harm.

Government induces defendant to break the law, government must prove defendant was predisposed to commit the crime.

Must be proportionate to the unlawful force threatened against the defendant. Except Colorado's "make my day" law.

-*Due Process (becomes fundamental) fair treatment through the normal judicial system, esp. as a citizen's entitlement.- Double jeopardy (can't be tried by same people for same crime twice, ex. Rodney King)- Self incrimination- Miranda rights (after asking for a lawyer, all questioning must stop)

Right to have a lawyer: speedy trial, public trial; impartial jury. Right to confront witnesses.

Prohibits cruel and unusual punishment, prohibits excessive bail.*statutes are primary source of criminal law

Basis of how our society does business. - agreements that law enforces in some way

Contracts exist to make business matters more predictable.