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- https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/10%3A_Sex_Offenses_and_Crimes_Involving_Force_Fear_and_Physical_Restraint/10.02%3A_Assault_and_BatteryThis page explains the distinct legal definitions and elements of battery, attempted battery assault, and threatened battery assault. Battery involves unlawful touching and can vary in grading from mi...This page explains the distinct legal definitions and elements of battery, attempted battery assault, and threatened battery assault. Battery involves unlawful touching and can vary in grading from misdemeanor to felony based on harm severity. Assault is categorized into attempted and threatened types, emphasizing intent and victim's apprehension. Key concepts include defenses to battery, grading distinctions, and practical examples to illustrate legal outcomes.
- https://biz.libretexts.org/Bookshelves/Criminal_Law/Criminal_Procedure%3A_A_Free_Law_School_Casebook_2e_(Alexander_and_Trachtenberg)/02%3A_The_Fourth_Amendment/2.10%3A_Chapter_11_-_The_Warrant_Requirement-_Exceptions_(Part_3)This page discusses the legal nuances of consent searches in the context of the Fourth and Fourteenth Amendments. The Supreme Court clarified that awareness of the right to refuse consent is not essen...This page discusses the legal nuances of consent searches in the context of the Fourth and Fourteenth Amendments. The Supreme Court clarified that awareness of the right to refuse consent is not essential for valid consent, emphasizing the totality of circumstances to gauge voluntariness. Dissenting justices warn that this undermines constitutional protections when individuals lack awareness of their rights.
- https://biz.libretexts.org/Bookshelves/Criminal_Law/Criminal_Procedure%3A_A_Free_Law_School_Casebook_2e_(Alexander_and_Trachtenberg)/02%3A_The_Fourth_Amendment/2.12%3A_Chapter_13_-_The_Warrant_Requirement-_Exceptions_(Part_5)This page discusses various Supreme Court cases related to warrantless blood and breath tests in drunk-driving cases, emphasizing the need for case-by-case assessments of exigent circumstances. The Co...This page discusses various Supreme Court cases related to warrantless blood and breath tests in drunk-driving cases, emphasizing the need for case-by-case assessments of exigent circumstances. The Court ruled that the natural metabolism of alcohol does not automatically justify warrantless blood tests, and warrants should be obtained when feasible to protect individual privacy rights.
- https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/10%3A_Sex_Offenses_and_Crimes_Involving_Force_Fear_and_Physical_Restraint/10.01%3A_Sex_OffensesThis page explores the evolution of rape and sodomy laws, focusing on changes to definitions, consent, and the elimination of spousal exemptions. It discusses the legal nuances of consent, the implica...This page explores the evolution of rape and sodomy laws, focusing on changes to definitions, consent, and the elimination of spousal exemptions. It discusses the legal nuances of consent, the implications of rape shield laws, and differences between various types of rape, including spousal and statutory. The text also addresses specific laws like Megan's and Jessica's Laws, emphasizing sex offender registration and related legal issues.
- https://biz.libretexts.org/Bookshelves/Criminal_Law/Criminal_Procedure%3A_A_Free_Law_School_Casebook_2e_(Alexander_and_Trachtenberg)/02%3A_The_Fourth_Amendment/2.18%3A_Chapter_19_-_Seizures_and_ArrestsThis page discusses multiple Supreme Court rulings on the Fourth Amendment, emphasizing the complexities of "seizure" and consent during police encounters. In Mendenhall, the court found no constituti...This page discusses multiple Supreme Court rulings on the Fourth Amendment, emphasizing the complexities of "seizure" and consent during police encounters. In Mendenhall, the court found no constitutional violation regarding the DEA's questioning approach. Hodari D. established that pursuit alone does not equate to seizure. The court upheld warrantless arrests for minor offenses, like in Atwater's case, reaffirming lawful custodial arrests with probable cause.
- https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/05%3A_Criminal_Defenses_Part_1/5.05%3A_ConsentThis page discusses how consent can legally defend against criminal conduct when given knowingly and voluntarily, particularly in sexual offenses and non-serious harm cases. It emphasizes that consent...This page discusses how consent can legally defend against criminal conduct when given knowingly and voluntarily, particularly in sexual offenses and non-serious harm cases. It emphasizes that consent is only valid if the victim is competent; intoxicated or threatened individuals cannot consent. The page provides examples illustrating the boundaries of consent in legal scenarios, highlighting its importance in understanding liability and protection from battery.
- https://biz.libretexts.org/Bookshelves/Criminal_Law/Introduction_to_Criminal_Law/05%3A_Criminal_Defenses_Part_1This page provides an overview of criminal defenses, covering topics such as self-defense, use-of-force defenses, choice-based defenses, and consent. It serves as a guide to understanding the various ...This page provides an overview of criminal defenses, covering topics such as self-defense, use-of-force defenses, choice-based defenses, and consent. It serves as a guide to understanding the various legal justifications applicable in criminal cases.
