First Degree Murder Vs Manslaughter Essay

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1. Give an example of a mala prohibita crime and describe why it is mala prohibita.

An example of a mala prohibita crime would be driving over the speed limit. When people do this they are breaking the law, but they are not doing it in a malicious way; they are not trying to be bad. They just want to get somewhere quicker and don’t think speeding would be such a bad thing.

2. What makes the difference between a first-degree murder and a lesser homicide such as manslaughter?

The difference between first-degree murder and manslaughter is that a first-degree murder is planned; you went into the situation knowing you were going to kill that person. In manslaughter, it can be voluntary, you were caught in ‘the heat of the moment’, or involuntary,
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Since it was in plain view, it can be used as evidence.

14. Briefly discuss the plain view doctrine.

If illegal substances are found in plain view, officers are allowed to recognize them as evidence.

15. Briefly discuss the good faith exception.

The good faith exception protects officers who were acting as though they were following the law. If an officer finds evidence during a search he thought was under a warrant, but actually wasn’t, the evidence is still acceptable.

16. What is a Terry stop? When can it be used? What is the burden of proof needed for such a search?

A terry stop is when an officer detains a person because they believe they could be involved in a crime. There does not have to be proven evidence for the arrest. If the person is under suspicion of being armed and dangerous, their outer garments may be searched.

17. What is meant by “totality of the circumstances.” What is it used for?

Totality of the circumstances means that everything is looked at, just not one single deciding factor. This originally came about to figure out if a persons constitutional rights were violated. Now it is more frequently used to figure out if a warrantless search took place without
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