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| The rules and provesions which are found in federal and state constitutions, specifically the Bill of Rights |
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| (Comes from a state assembly) The laws which are enacted by a legislative body and recorded in the various state, county, or municipal codes |
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| (Comes from a case) Laws which are based on previous appellate court desicions that have become binding on lower court decisions |
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| Protects the rights on the individual from unconstitutional legislation |
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| (Law must have been enacted before the alleged criminal act took place) Laws written after the fact to punish an action that has already taken place and was not illegal at the time of commision |
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| The law is strictly applied in accordance with the literal meaning of the statue, leaving no room for interpretation |
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| 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 statue |
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| Deals with violtions of the criminal statues. |
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| Deals with noncriminal violations of the law or private wrongs commited by one person against another |
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| Murder, manslaughter, assult, rape, burglary, theft, perjury, and threats to the government such a s treason |
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| Consequence for violating crimianl law |
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| ( Penal code section 15 defines a crime as a violation of a criminal statue and provides the punishments for a crime) An act commited or ommitted in violaion of a law forbidding or commanding it |
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| basic facts that must be proved by the prosecution to sustain a conviction ( If any of the elements is missing the crime is incomplete) |
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| Attempt to commit a crime |
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Consits of two elements
1) an intent to commit that crime
2) a direct, but ineffectual, act done towards its commission. |
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| Commiting a crime in which you knew was a crime (You do not have to prove intent) |
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| You have to prove the intent and with out the intent being proven there is no crime |
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| Must exist to distinguish the crime from an accident or mistake of fact |
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| When an unlawful act affects a person other then, or in addition to the person it was intended to affect |
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| Negligent act that is aggrevated or recklass and consitutes indifferece to the consequnce |
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Felony- A Fine, imprisonment in a state prison or death
Misdemeanor- A Fine, imprisonment in a county jail
Intent- A fine |
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1)Principal
2)Accessory
3)Accomplice |
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| Directly commits a crime, or aids, abets, advises or encourages another person in the commision of amy crime |
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| With knowledge that felony was commited and harbors, aids or concels the principal with the intent or to avoid arrest or prosecution |
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| Is a principal to the crime, and testifies for the prosecution |
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| Person Incapable of commiting crimes |
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*kids under 14
*Mentally incapacitated
*People who commited the act or ommision under Ignorance or mistake, Unconscious act, misfortune or accident, and threat or menace |
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