MCOLES Investigation Objective
U.S. Constitution - ANS-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.
relationship between the U.S. Constitution to the Declaration of Independence and the
Bill of Rights - ANS-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.
Three main provisions of the Constitution - ANS-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
Judicial Branch - ANS-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)
Executive Branch - ANS-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.
Legistlative Branch - ANS-Is bicameral in nature (made up of two chambers called
Congress) and enacts laws.
Ex Post Facto Laws - ANS-"After the fact" laws. They're unconstitutional because they
violate the right to have notice.
Bills of Attainder Laws - ANS-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
procedural due process - ANS-The procedures the government has to take to ensure
that a person's constitutional rights are maintained
,substantive due process - ANS-This deals with the government's ability to deprive a
person of a right regardless of due process by which the matter is heard
political participation - ANS-1st and 14th Amendments provide certain rights related to
engaging in political activities and participation in the political process
privacy - ANS-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.
equal protection - ANS-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 11 - ANS-protection from illegal search or seizures
Article I, Section 17 - ANS-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
felony (MCL 750.7) - ANS-Life Imprisonment or more than 1 year in prison
misdemeanor (MCL 750.8) - ANS-Imprisonment of up to 1 year in jail
mens rea - ANS-"Guilty Mind"
actus rea - ANS-"Guilty Act"
intent - ANS-the actor's state of mind at the time the crime was committed
lesser included offenses - ANS-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
principles and accessories - ANS-Michigan has no separate aiding and abetting charge
for principal and accessory participants in crimes
inchoate offenses - ANS-a crime that might not be completed or is left unfinished
,attempt - ANS-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
conspiracy - ANS-an agreement between two or more persons to commit a crime
solicitation - ANS-to encourage or persuade, through words or actions, another
individual to commit a crime
National Human Trafficking Resource Center - ANS-available 24 hours a day by calling
1-888-373-7888
Assault (felony) - ANS-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
Assault (misdemeanor) - ANS-Includes:
~Aggravated Assault (and Battery)-A harmful touching that causes serious or
aggravated injury
Car Jacking - ANS-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
Child Abandonment - ANS-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
Child Abuse - ANS-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
Child Neglect - ANS-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
Contributing to delinquency of a minor - ANS-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
Criminal Sexual conduct - ANS-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
Ethnic Intimidation - ANS-person maliciously, and with specific intent to intimidate or
harass another person because of that person's race, color, religion, gender, or national
origin
Homicide - ANS-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
U.S. Constitution - ANS-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.
relationship between the U.S. Constitution to the Declaration of Independence and the
Bill of Rights - ANS-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.
Three main provisions of the Constitution - ANS-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
Judicial Branch - ANS-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)
Executive Branch - ANS-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.
Legistlative Branch - ANS-Is bicameral in nature (made up of two chambers called
Congress) and enacts laws.
Ex Post Facto Laws - ANS-"After the fact" laws. They're unconstitutional because they
violate the right to have notice.
Bills of Attainder Laws - ANS-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
procedural due process - ANS-The procedures the government has to take to ensure
that a person's constitutional rights are maintained
,substantive due process - ANS-This deals with the government's ability to deprive a
person of a right regardless of due process by which the matter is heard
political participation - ANS-1st and 14th Amendments provide certain rights related to
engaging in political activities and participation in the political process
privacy - ANS-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.
equal protection - ANS-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 11 - ANS-protection from illegal search or seizures
Article I, Section 17 - ANS-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
felony (MCL 750.7) - ANS-Life Imprisonment or more than 1 year in prison
misdemeanor (MCL 750.8) - ANS-Imprisonment of up to 1 year in jail
mens rea - ANS-"Guilty Mind"
actus rea - ANS-"Guilty Act"
intent - ANS-the actor's state of mind at the time the crime was committed
lesser included offenses - ANS-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
principles and accessories - ANS-Michigan has no separate aiding and abetting charge
for principal and accessory participants in crimes
inchoate offenses - ANS-a crime that might not be completed or is left unfinished
,attempt - ANS-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
conspiracy - ANS-an agreement between two or more persons to commit a crime
solicitation - ANS-to encourage or persuade, through words or actions, another
individual to commit a crime
National Human Trafficking Resource Center - ANS-available 24 hours a day by calling
1-888-373-7888
Assault (felony) - ANS-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
Assault (misdemeanor) - ANS-Includes:
~Aggravated Assault (and Battery)-A harmful touching that causes serious or
aggravated injury
Car Jacking - ANS-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
Child Abandonment - ANS-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
Child Abuse - ANS-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
Child Neglect - ANS-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
Contributing to delinquency of a minor - ANS-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
Criminal Sexual conduct - ANS-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
Ethnic Intimidation - ANS-person maliciously, and with specific intent to intimidate or
harass another person because of that person's race, color, religion, gender, or national
origin
Homicide - ANS-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
