MCOLES Investigation Objectives

Rules on witnesses and competency

Witnesses are presumed to be competent Court decides who can testify Mental capacity/personal knowledge

Ex Post Facto Laws

"After the fact" laws. They're unconstitutional because they violate the right to have notice.

actus rea

"Guilty Act"

mens rea

"Guilty Mind"

Three main provisions of the Constitution

1. Establish a framework of government 2. Delegate and assign powers to the government 3. restrain the exercise of powers of agents of government to preserve individual rights

Trespassing

1. Forbidden Entry: Entry onto the land or premises of another after being forbidden to do so (put on notice) not to enter 2. Refusal to Leave: Remaining on the land or premises of another after being notified to leave 3. Recreational Trespass: A person who enters or remains upon the property of another person, other than farm property or a wooded area connected to farm property, to engage in any recreational activity or trapping on that property without the consent of the owner if either

Homicide

1st Degree Murder- The unlawful killing of a human being that was premeditated and deliberate 2nd Degree Murder- An unpremeditated killing of a human being with one of three states of mind: The Intent to Kill, The Intent to do great bodily harm, or Knowingly create a substantial risk of death or great bodily harm Voluntary Manslaughter- An intentional killing under circumstances which reduce it from murder to the lesser crime of manslaughter Involuntary Manslaughter- Killing in which there is no intent to kill but death occurs through: Gross negligence or Misdemeanor assault

Arson

1st Degree-The wilful or malicious burning of a Multi-unit building with at least one property a dwelling; or burning of any real property with fire causing injury; or burning of a mine 2nd Degree-The wilful or malicious burning of a dwelling 3rd degree-The wilful or malicious burning of any building or structure; or personal property over $20,000; or personal property over $1,000 with prior conviction 4th degree-The wilful or malicious burning of personal property $1,000 to $20,000; or personal property $200 or more with prior conviction; or to wilfully or negligently sets fire to woods, prairie or grounds of another person or permits fire to pass from his grounds to another's 5th Degree-Wilfull or malicious burning of personal property of $1,000 or less

Vulnerable Adult Abuse

1st Degree: Serious physical or mental harm intentionally caused by a caregiver 2nd Degree: Reckless act or failure to act causing serious physical or mental harm 3rd Degree: Intentionally causing harm 4th Degree: Recklessness that causes harm or poses an unreasonable risk of harm

political participation

1st and 14th Amendments provide certain rights related to engaging in political activities and participation in the political process

Home Invasion

1st degree-To break and enter (or enter without permission) a dwelling with the intent to commit a felony, larceny, or assault while inside, while armed; or someone is lawfully present in the dwelling at the time 2nd degree-To break and enter (or enter without permission) a dwelling with the intent to commit a felony or larceny while inside 3rd degree-To break and enter a dwelling (or enters without permission) with the intent to commit a misdemeanor inside, or if while inside the suspect violates the terms of his probation, parole, pre-trial release, or personal protection order

Child Abuse

1st- A parent, guardian, or custodian of a child who knowingly or intentionally causes serious physical or mental harm to a child 2nd- A parent, guardian, or custodian of a child who through an omission of an act causes serious physical or mental harm; or through a reckless act that causes serious physical or mental harm; or commits a knowing and intentional act that is likely to cause serious physical or mental harm 3rd- A parent, guardian, or custodian of a child who knowingly or intentionally causes physical harm to a child (i.e. the harm is intended); or performed an act likely to cause physical harm and physical harm actually resulted (i.e. the act is intended, not the harm) 4th- A parent, guardian, or custodian of a child who through the omission of an act causes physical harm to a child; or through a knowing and intentional act that under the circumstances posed an unreasonable risk of harm to a child, regardless of whether physical harm actually resulted

Criminal Sexual conduct

1st- Sexual penetration and an aggravating circumstance: A victim under age 13, an injury occurs, a weapon used, a position of authority, etc. 2nd- Sexual contact and any of the aggravating circumstances listed for CSC 1 st 3rd- Sexual penetration and one of the following: Victim 13, 14, or 15; Force or coercion; and/or Victim incapacity 4th- Sexual contact and one of the following: Force or coercion; Victim incapacity; Defendant is employed by department of corrections in which victim is incarcerated

RIOTS

5 or more persons, wrongfully engaging in violent conduct and intentionally or recklessly creating a serious risk of causing public alarm and harm to persons or property

Bonds

A "bond" is a promise to appear in court; Conditions accompany bonds and violations can result in revocation or increase

Presumptions at law in Criminal Cases

A legal inference or assumption that a fact exists, based on the known or proven existence of some other fact or group of facts

Controlled substance use

A person shall not use a controlled substance or controlled substance analogue unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by this article

Gambling

All forms of gambling are illegal in Michigan except those specifically permitted under Michigan Law

res gestae

All witnesses/evidence must be disclosed by prosecution, including and especially exculpatory evidence

Federal LEO Safety Act of 2004

Allows "qualified" LEOs (active or retired) to carry a concealed firearm in any jurisdiction in the United States, regardless of state or local laws

Relevant evidence

Any evidence having any tendency to make a fact at issue in a case more or less probable

Conspiracy to commit a crime

Any person who conspires together with 1 or more persons to commit an offense prohibited by law, or to commit a legal act in an illegal manner is guilty of the crime of conspiracy punishable

Contributing to delinquency of a minor

Any person who shall by any act, or by any word, encourage, contribute toward, cause or tend to cause any minor child under the age of 17 years to become neglected or delinquent so as to come or tend to come under the jurisdiction of the juvenile division of the probate court

weapon free zones

Bank or financial institution Church or other place of worship Courthouse Theatre Sports arena or stadium Daycare center (except drop off or pick up) Hospital Establishment licensed under the Michigan liquor control act

Disorderly Persons

Common categories: Prostitute Window peeper Drunk in public Indecent or obscene conduct Loitering Jostling ("roughly crowding")

Judicial Branch

Consists of the Supreme Court and all lower courts. They determine the legality of a law or action. They are nominated by the President and advise and consent by the Senate. Judicial review was also established in Marbury v Madison (1803)

Forgery

Creating a false document or the modification of an existing document That is written or altered With intent to defraud

Receiving and Concealing Stolen Property

Defendant bought, received, possessed, concealed, or aided in concealment of Property which was stolen, embezzled, or converted With knowledge that property was stolen (or had reason to believe property was stolen)

Fruit of the Poisonous Tree

Evidence derived from illegally obtained evidence is tainted and also inadmissible.

Executive Branch

Executes existing laws. The President is the Chief Executive. It is tasked with carrying out and enforcing laws and is responsible for making treaties and appointing federal judges.

Judicial notice

Facts: Useful for dates/locations/common knowledge facts not subject to reasonable dispute Law: Court can accept existence and language of enacted statutes without proof

Evidence of habit (character evidence)

Habit is a regular response to a repeated specific situation, a regular practice of meeting a particular kind of situation with a specific type of conduct, a set pattern, or evidence of something that is done routinely or has been performed on countless occasions

escape from prison or jail

If a prisoner escapes from a state correctional facility, or willfully fails to remain within the extended limits of his or her confinement the prisoner may be pursued and arrested, without a warrant

The Exclusionary Rule

If the police officer acts illegally in the gaining of a piece of evidence, that evidence will be excluded from the trial

Felon in possession of a firearm or ammunition

Illegal to possess any firearm after: Conviction of specified felony or any felony punishable by 4 years or more And the legal right to possess has not been restored

misdemeanor (MCL 750.8)

Imprisonment of up to 1 year in jail

Chain of Custody

Includes every person who handles a piece of evidence from crime scene to courtroom

Assault (misdemeanor)

Includes: ~Aggravated Assault (and Battery)-A harmful touching that causes serious or aggravated injury

Assault (felony)

Includes: ~Assault with a Dangerous Weapon-Intent to commit a battery; or the threat of an imminent battery with a dangerous weapon ~Assault with Intent to do Great Bodily Harm-Assault or Assault and Battery; with intent to do great bodily harm ~Assault by Strangulation-An intentional battery committed by strangulation or suffocation ~Assault with Intent to Rob (while armed/thought to be armed or unarmed) ~Assault with Intent to Murder-Assault with the ability to cause an injury with the specific intent to kill the victim

Kidnapping

Intentional movement and restraint of another person with the intent to do 1 or more of the following: Hold for ransom or reward Use as a shield or hostage Engage in criminal sexual conduct Take that person outside of this state Hold that person in involuntary servitude Engage in child sexually abusive activity

Defrauding an Innkeeper

Intentionally failing to pay (i.e. "Skipping out" on your bill)

Legistlative Branch

Is bicameral in nature (made up of two chambers called Congress) and enacts laws.

felony (MCL 750.7)

Life Imprisonment or more than 1 year in prison

Michigan Medical Marijuana Act (MMMA)

May possess: 2.5 ounces of usable marihuana for each qualifying patient 12 plants in an enclosed/locked facility for each qualifying patient who has specified that the caregiver will cultivate marihuana for him Cannot transfer or deliver to non- patients

principles and accessories

Michigan has no separate aiding and abetting charge for principal and accessory participants in crimes

Michigan Retired LEO Firearm Carry Act

Must be Qualified; License good anywhere in Michigan (exempt from pistol free zones)

equal protection

No person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other classes in like circumstances

Article I, Section 17

No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law

Passing Non-Sufficient Funds Check

Passing a check knowing there was not enough money in account to cover and did so with intent to defraud someone

Carrying a Concealed Weapon

Pistol (not rifle or shotgun) must be concealed (but complete concealment not required) Must be an actual pistol (loaded or unloaded); Concealment not necessary when in a motor vehicle; no stabbing instrument on person

Felony Firearm

Possession of a gun during commission or attempted commission of a felony (except CCW)

Possession of Firearm during commission of Felony

Possession of a gun during commission or attempted commission of a felony (except CCW)

The concept of privilege

Privileges are confidential communications that cannot be used in court

Parole/Probation Violations

Probation = alternative to incarceration; Strict conditions accompany status, violations result in re- sentencing Parole = conditional release from prison; Minimum time before parole is set by sentence itself, Violations result in potential service of entire unexpired term of original sentence

corpus delicti

Proof of crime must be established before a confession is admissible

Armed Robbery

Same elements as robbery + use or threat with a weapon

Prostitution

Soliciting, accosting, or inviting to commit prostitution or immoral act

lesser included offenses

Some crimes may have different levels of seriousness - An accused may be acquitted of a more serious charged offense but still be found guilty of a lesser included offense - An accused cannot be punished for a more serious offense and also for the lesser included offense under the merger doctrine

Retail Fraud

Store was open to public at the time, and Stolen property must be offered for sale (not cash from drawer or employee property in back room); and Movement of property with intent to steal (does not actually have to leave store); or Changing the price of item with intent to defraud, or Refunding or exchanging item that was not paid for

Judging Credibility/ Weight of Evidence

The Court (Judge) decides whether or not evidence is admissible. If evidence is admissible, then the weight and credibility of evidence that is presented are questions for the jury to decide

relationship between the U.S. Constitution to the Declaration of Independence and the Bill of Rights

The Declaration of Independence is the underlying text of the Constitution (declared the foundational principles of the government), but the Constitution is the law of the land. The Bill of Rights is the first 10 Amendments of the Constitution.

U.S. Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

Embezzlement

The intentional conversion of the personal property of another; which Defendant initially took possession of lawfully and with consent; because of a trust relationship

Financial Transaction Device Crimes

The intentional possession or use of a credit, debit, or financial access card (or its #s) to obtain goods or services Fraudulently/without the owner's permission

procedural due process

The procedures the government has to take to ensure that a person's constitutional rights are maintained

Human Trafficking

The recruitment, harboring, transportation, provision or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage or slavery (domestic servitude, factory or agricultural work; or sex trafficking)

Car Jacking

The taking of a motor vehicle with intent to permanently deprive by using force or show of force or placing in fear a person who is lawfully present

Larceny

The taking of personal property of another Without consent With the intent to permanently deprive the owner F/M is determined by amount stolen ($1,000+ is F)

Larceny from a person

The taking of property from victim without consent with intent to permanently deprive

privacy

The words "right to privacy" are NOT found in the text of the Constitution or Bill of Rights but it has been found to exist implicitly within Constitution.

attempt

There is intent to commit a crime With an act toward the commission of that crime But there is a failure to complete that crime

substantive due process

This deals with the government's ability to deprive a person of a right regardless of due process by which the matter is heard

Presumption of Innocence

This is the starting point for every jury; Presumption continues up and until the evidence proves guilt

Breaking and entering

To break and enter a motor vehicle With intent to steal or unlawfully remove property therefrom, and in so doing, did break, tear, cut, or otherwise damage the vehicle

Uttering and Publishing Counterfeit Note

To pass as true, with intent to defraud or injure, a false, altered, forged, or counterfeit note

Disarming a Police Officer

To take a firearm from the lawful possession of a peace or corrections office; To take a weapon (baton, mace, taser, knife, etc.) from the lawful possession of a peace or corrections officer

Extortion

To threaten to harm OR threaten to accuse another of a crime unless that person pays money or does an act or refrains from doing an act against his or her will

Malicious Destruction of Property

To willfully and maliciously Destroy the property of another

Auto theft

Unlawful Driving Away of an Automobile (UDAA)-wilfully and without authority, take possession of and drive or take away, or did assist in, or was a party to such taking possession, driving or taking away, of a motor vehicle belonging to another Unlawful Use of an Automobile (UUMV)-without authority and without intent to steal, take or use, or was a party to such unauthorized taking or using of a motor vehicle belonging to anther

Possession of Counterfeit Notes

Unlawful to possess 10 or more counterfeit notes (Defendant must know money is false or counterfeit) with the intent to pass

Animal Cruelty

Unlawful to: Fail to provide adequate care an animal Cruelly drive/work/beat an animal Abandon an animal Allow animal to suffer unnecessary pain Torture an animal Kill without just cause an animal

Unarmed Robbery

Use of force, violence, or a show of force or put victim in fear "in course of committing larceny" from person

Stalking

Willful course of conduct (such as following another person, watching, calling/texting, etc.) over a series of unwanted contacts (more than 1) to terrorize, frighten, intimidate, threaten or harass

inchoate offenses

a crime that might not be completed or is left unfinished

Child Abandonment

a father or mother of a child under the age of 6 years, or another individual, who exposes the child in any street, field, house, or other place, with intent to injure or wholly to abandon the child

Bills of Attainder Laws

a legislative act that punishes without the benefit of a trial. They're unconstitutional because they violate the separation of powers and they violate due process

Controlled Substances Act

a person shall not manufacture, create, deliver, or possess with intent to manufacture, create, or deliver a controlled substance, a prescription form, or a counterfeit prescription form

conspiracy

an agreement between two or more persons to commit a crime

National Human Trafficking Resource Center

available 24 hours a day by calling 1-888-373-7888

prejudicial effect versus probative value

factual vs harmful

Beyond a Reasonable Doubt

fair, honest doubt growing out of the evidence or lack of evidence

Child Neglect

harm or threatened harm to a child's health or welfare by a parent, legal guardian, or any other person responsible for the child's health or welfare that occurs through either of the following: negligence or placing a child at an unreasonable risk

Evidence

is anything by which a fact or assertion can be proven in court

Ethnic Intimidation

person maliciously, and with specific intent to intimidate or harass another person because of that person's race, color, religion, gender, or national origin

Article I, Section 11

protection from illegal search or seizures

intent

the actor's state of mind at the time the crime was committed

Impeachment

the attack of the credibility of the witness

The "good faith" exception

thought you were acting in "good" faith therefor it's admissible

solicitation

to encourage or persuade, through words or actions, another individual to commit a crime

Littering

to knowingly cause litter or any object to fall or to be thrown into the path of or to hit a vehicle traveling the highway