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CRIMINAL LAW Mid-Term Exam Review By Michael Bessette

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Page 1: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

 CRIMINAL LAW

Mid-Term Exam Review

By Michael Bessette

Page 2: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

OVERBREADTH DOCTRINE DEFINE CASE EXAMPLE

Page 3: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

VOID FOR VAGUENESS DOCTRINE DEFINE CASE EXAMPLE

Page 4: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

DIFFERENCE BETWEEN TORT AND CRIME What is a Tort? What is a Crime? How should a police officer handle a

situation involving a tort?

Page 5: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

CRIMES DEFINE FELONY DEFINE MISDEMEANOR

Page 6: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

MALA IN SE CRIMES Define? Examples????

Page 7: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

MALA PROHIBITUM CRIMES DEFINE EXAMPLES??? COMPARE AND CONTRAST

Page 8: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

ELEMENTS WHAT LEVEL OF PROOF TO MAKE

AN ARREST? HOW MANY DO YOU HAVE TO

HAVE TO MAKE AN ARREST? WHAT LEVEL OF PROOF TO

CONVICT IN CRIMINAL COURT? DEFINE “ELEMENTS” OF A CRIME

Page 9: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

DISCRETION WHAT IS DISCRETION?

Page 10: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

SENTENCING PRACTICES:ProportionalityConcurrent sentencesConsecutive sentences

Page 11: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

IMPOSSIBILITY FACTUAL IMPOSSIBLITIY LEGAL IMPOSSIBILITY

Page 12: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

INCHOATE CRIMES What are they in WI?

Conspiracy Attempt

Penalty? Solicitation

Page 13: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

8TH AMENDMENT What is it?

Page 14: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

MENS REA… Four levels? Proving it?

Page 15: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

ACTUS REUS Define Identify the Actus Reus in the crime of

Battery, 940.20(1)

Page 16: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

STRICT LIABILITY Define Example

Page 17: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

PARTY TO A CRIME Statute? Explain in your own words to your

neighbor

Page 18: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

TIME LIMITS For crimes

FelonyMisdemeanorCrimes against Children?Murder?

Page 19: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

DISORDERLY CONDUCT Identify the elements Statute number?

Page 20: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

LEVELS OF PROOFPCRSMSPBARD

Page 21: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

POST CRIME OFFENSES Define Examples?

Page 22: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

PRESUMPTIONS: Child’s culpability to commit a crime Sanity

Page 23: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

POLICE INVESTIGATIONS GO BEYOND THE ELEMENTS… MEANS MOTIVE OPPORTUNITY

Page 24: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

ENTRAPMENT

Define What are the tests?

Page 25: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

SELF-DEFENSE Statute? Property Persons Third parties Third party property

Page 26: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

RECIDIVISM What is this?

Page 27: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

JURISDICTION EXPANDERS

FRESHCLOSEMUTUAL AIDEXPANDER

HOT PURSUIT?

Page 28: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

FIGHTING WORDS Example Statute in WI?

Page 29: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

PHONE CALL CRIME? 947.012?

Page 30: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

UNLAWFUL ASSEMBLY Statute?

947.06? WHAT IS THE SUBPARAGRAPH THAT YOU WOULD

CHARGE:

A GROUP OF 20 PEOPLE WILL NOT VACATE THE FRONT OF A PLANNED PARENTHOOD CLINIC AFTER GIVING THREE WARNINGS AND WAITING A REASONABLE AMOUNT OF TIME

Page 31: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

CCW Statute?

Page 32: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

EXPOST FACTO What is this???

Page 33: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

PENALTY ENHANCERS Does WI have any???

Page 34: Mid-Term Exam Review By Michael Bessette.  What is a Tort?  What is a Crime?  How should a police officer handle a situation involving a tort?

GOOD LUCK ON THE EXAM!

The End