Term
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The three origins of law found in today’s legal system are?
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Definition
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constitutional law,
• statutory law
• case law
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Term
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Statutory law
consists of? |
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Definition
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the written laws enacted by a legislative body
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Term
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Definition
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laws written after the fact to punish an action that has already taken
place and was not illegal at the time of commission
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Term
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California codes most likely to be encountered by law enforcement
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Definition
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Penal Code
• Vehicle Code
• Welfare and Institutions Code
• Health and Safety Code
• Evidence Code
• Business and Professions Code
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Education Code
• Government Code
• Fish and Game Code
• California Code of Regulations
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Term
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The primary purposes of case law are to:
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Definition
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interpret the Constitution, and
• clarify statutes.
California trial courts must follow both state and federal appellate court decisions.
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Term
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Definition
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the law is strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation.
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Term
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Definition
| the law is applied in accordance with the intent of the legislature, the promotion of fairness and justice, and not solely in literal compliance with the words of the statute |
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Term
| Although California criminal law is required to be statutory, each code provision must be interpreted with regard to? |
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Definition
• its relationship to other statutes,
• the intent of the legislative body,
• the meaning of the words, and
• the scope of its effect. |
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Term
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Definition
| a violation of a criminal statute. Penal Code Section 15 defines a crime or public offense as "an act committed or omitted in violation of a law forbidding or commanding it," and to which is annexed, upon conviction, a penalty that provides the following punishments for the crime |
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Term
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Definition
• Death,
• imprisonment,
• fine, removal from office, or
• disqualification to hold and enjoy any office of honor, trust, or profit in the State of California |
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Term
| Persons liable for punishment under the laws of California (Penal Code Section 27) |
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Definition
• all persons who commit, in whole or in part, any crime within California.
• all persons who commit any offense outside California which, if committed inside California, would be larceny, carjacking, robbery, or embezzlement and bring or are found with any portion of the stolen or embezzled property in California.
• all persons outside California who cause, aid, advise, or encourage another person to commit a crime within California, and who are afterwards found in California.
• all persons who commit perjury outside the state to the extent identified in Penal Code Section 118. |
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Term
| Elements of the crime are? |
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Definition
| the basic facts that must be proven by the prosecution to sustain a conviction. If any element is missing, that particular crime is not complete. |
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Term
| what are general intent crimes? |
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Definition
| In some crimes intent is presumed and does not have to be proven i.e. battery, arson, transportation of drugs or ex-felon in possession of a firearm. In general, the person intentionally did that which the law declared to be a crime. |
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Term
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Definition
| Specific intent crimes are recognized by the language of the statutes, such as: with intent to, or, for the purpose of. When the definition of a crime refers to a person’s intent to do some further act or achieve some additional consequence, the crime is one of specific intent. Unless this specific intent exists, the crime has not been committed. |
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Term
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Definition
| Possession of less than an ounce of marijuana, it is not necessary to prove intent, only that the marijuana was possessed. |
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Term
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Definition
| Possession of marijuana with intent to sell; possession must be proven as well as intent to sell. |
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Term
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Definition
When an unlawful act affects a person other than, or in addition to, the person it was intended to affect, the intent becomes transferred intent. Criminal intent in these instances is transferred from the intended victim to the actual victim.
Intent may be transferred only if the act involved does not require a different state of mind or criminal intent. |
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Term
| Transfered Intent Example |
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Definition
| The defendant shot at an intended victim with intent to kill him, but instead hit and killed a bystander. The defendant is guilty of murder even though he did not have the specific intent to kill the bystander. The intent transfers from the intended victim to the bystander. |
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Term
| Transfered Intent Example |
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Definition
| During a dispute between motorists on the freeway, Smith rammed his car into Jones’ car in an attempt to run Jones off the road. As a result, Jones’ car struck Johnson’s car, causing Johnson to lose control and hit a utility pole. Subsequently, Johnson died. Smith was charged with murder. |
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Term
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Definition
| Negligence is the failure to exercise ordinary care. Criminal negligence is a negligent act that is aggravated or reckless and constitutes indifference to the consequences |
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Term
| Criminal Negligence Example |
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Definition
| A father left his sleeping 18-month-old daughter strapped in her car child seat inside the closed car even though he knew the temperature that afternoon was expected to exceed 90 degrees. He left the child unattended for a number of hours. The daughter died from the excessive heat buildup inside the vehicle. Although the father had no intent of injuring his daughter, he is still criminally negligent. |
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Term
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Definition
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Term
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Definition
any person
• enters
• a building or specified structure
• with intent to commit grand or petty theft or any felony |
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Term
| An attempt to commit a crime consists of? |
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Definition
• intent to commit that crime, and
• a direct, but ineffectual, act done toward its commission. |
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Term
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Definition
| A man enters a bank and gives the teller a demand note. The teller pretends to faint and the man runs from the bank. The man has attempted to commit robbery. The crime is not complete because he did not get the money. |
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Term
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Definition
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Term
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Definition
| Certain Attempted Sex Crimes are 220 |
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Term
| what is Penal Code Section 15? |
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Definition
| defines a crime as a violation of a criminal statute and provides the punishments for a crime. |
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Term
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Definition
| the failure to exercise ordinary care. |
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Term
| Crimes are classified by severity of punishment into what three categories? |
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Definition
• Felonies
• Misdemeanors
• Infractions |
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Term
| A Felony is? (Penal Code Section 17) |
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Definition
| A felony is a crime, punishable by a fine and/or imprisonment in state prison, death, or removal from office. (Penal Code Section 17) |
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Term
| A Misdemeanor is? (Penal Code section 19) |
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Definition
| A misdemeanor is a crime of lesser gravity than a felony. Misdemeanors are punishable by a fine and/or imprisonment in a county jail. (Penal Code Section 19) |
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Term
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Definition
A crime that can be either a felony or a misdemeanor is commonly referred to as a wobbler, an alternative felony/misdemeanor. These crimes are punishable by imprisonment in either the state prison or the county jail and/or a fine.
Crimes that are considered to be wobblers are treated as felonies by law enforcement officers. |
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Term
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Definition
| Burglary in the second degree is a wobbler, because it allows sentencing to a county jail or state prison |
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Term
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Definition
A public offense punishable by a fine only is an infraction. Normally, the offender is issued a citation in place of arrest.
A person charged with an infraction is not entitled to a jury trial or to representation by a public defender, except in cases involving arrest |
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Term
| People are parties to crime as either? |
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Definition
• principals,
• accessories, or
• accomplices |
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Term
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Definition
principals include all persons involved in the commission of a felony or misdemeanor. All principals to a crime can be arrested and prosecuted.
Persons are principal parties to a crime only if there is proof that they had the required criminal intent |
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Term
| A principal to a crime is anyone who? |
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Definition
• directly committed the offense.
• aided and abetted in the commission of the offense.
• advised and encouraged the commission of the offense.
• counseled, advised, or encouraged children under the age of 14 years, or mentally incapacitated persons, to commit the offense.
• by fraud, contrivance, or force, occasioned the drunkenness of another for the purpose of causing that person to commit the offense.
• by threats, menaces, command, or coercion compelled another to commit the offense. |
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Term
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Definition
| A person aids and abets in the commission of a crime if he or she actively assists, supports, promotes, encourages, strengthens, or instigates by act or advice, the commission of the offense. |
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Term
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Definition
| An accessory is anyone who, after a felony has been committed, meets all the following requirements. (Penal Code Section 32) |
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Term
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Definition
A principal to a crime becomes an accomplice when he or she testifies for the prosecution against another principal.
Accomplice testimony must be "corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; |
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Term
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Definition
• children under 14,
• mentally incapacitated, and
• persons who committed the act or omission:
- under ignorance or mistake of fact,
- without being conscious of the act,
- through misfortune or accident, or
- under threat or menace. |
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Term
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Definition
Individuals who unconsciously commit an unlawful act or omission are deemed to lack the intent necessary for the act to be considered a crime.
To invoke this defense, the person must demonstrate that the act was involuntary and was caused by an irrational, unconscious response. |
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Term
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Definition
| Individuals are not held accountable for a crime if they commit the unlawful act or omission (other than a capital crime) under threat or menace that reasonably causes them to believe their life would be endangered if they refused. Individuals who plead threat or menace must have been involved in the situation through no fault of their own |
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Term
| Crimes are classified by severity of punishment such as? |
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Definition
Felony:
• A fine, imprisonment in a state prison or death.
Misdemeanor:
• A fine, imprisonment in a county jail.
Infraction:
• A fine. |
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Term
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Definition
| One who knowingly assists a perpetrator after the felony has been committed |
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Term
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Definition
| Intent is presumed and does not have to be proven. Definition of a crime consists only of the description of a particular act, without reference to inten |
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Term
| specific intent crimes deinition. |
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Definition
| An element of a crime that must be proven and cannot be presumed; the requirement of the specific intent element varies according to the definition of the crime |
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