11

INTRODUCTION to INTRODUCTION to CRIMINAL LAWCRIMINAL LAW

Learning Domain 5Learning Domain 5

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SOURCES OF LAWSOURCES OF LAW

The three origins of law found in today’s The three origins of law found in today’s legal system are:legal system are:

____________________________________

Statutory Law (codes/ordinancesStatutory Law (codes/ordinances) ) Ex post facto lawsEx post facto laws

Case Law (precedent)Case Law (precedent)

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LETTER OF THE LAW vLETTER OF THE LAW v SPIRIT OF THE LAW SPIRIT OF THE LAW

Letter of the LawLetter of the Law Law strictly applied in accordance with the literal Law strictly applied in accordance with the literal

meaning of the statute, leaving no room for meaning of the statute, leaving no room for interpretationinterpretation

______________________________________ Applied in accordance with the intent of the Applied in accordance with the intent of the

legislature and the promotion of fairness and legislature and the promotion of fairness and justice and not solely with the words of the justice and not solely with the words of the statutestatute

44

CRIMINAL v CIVIL LAWCRIMINAL v CIVIL LAW

Criminal LawCriminal Law deals with violations of deals with violations of criminal statutescriminal statutes

______________ deals with non-criminal violations deals with non-criminal violations of law or private wrongs committed by one of law or private wrongs committed by one person against another person (Tort-civil person against another person (Tort-civil wrong)wrong)

55

CIVIL LAWCIVIL LAW

Civil law also encompasses the failure to comply Civil law also encompasses the failure to comply with the terms of a contract, a with the terms of a contract, a ____________________________

Purpose of civil law is Purpose of civil law is redressredress, or to right a wrong, or to right a wrong

L/E in most cases _________________ to enforce L/E in most cases _________________ to enforce civil law. Their only duty is to preserve the peace civil law. Their only duty is to preserve the peace and maintain order.and maintain order.

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POLICING IN OUR POLICING IN OUR COMMUNITIESCOMMUNITIES

Fear of crime has a substantial impact on Fear of crime has a substantial impact on our communitiesour communities

Serious crimes as well as minor crimes Serious crimes as well as minor crimes need to be addressed by L/E in order to need to be addressed by L/E in order to reduce the fear of crime and increase the reduce the fear of crime and increase the quality of life for all citizens.quality of life for all citizens.

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CRIMECRIME

DefinitionDefinition-a violation of a criminal statute, -a violation of a criminal statute, “an act committed or omitted in violation of “an act committed or omitted in violation of a law forbidding or commanding it” and to a law forbidding or commanding it” and to which is annexed, upon _____________which is annexed, upon _____________

______________________________

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POSSIBLE PENALTIESPOSSIBLE PENALTIES

________________________ ImprisonmentImprisonmentFineFineRemoval from office orRemoval from office orDisqualification to hold and enjoy any Disqualification to hold and enjoy any

office of honor, trust, or profitoffice of honor, trust, or profit

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PERSONS LIABLE FOR PERSONS LIABLE FOR PUNISHMENT-P.C.27PUNISHMENT-P.C.27

All persons who commit, in whole or in part, any All persons who commit, in whole or in part, any crime within Californiacrime within California

All persons who commit any offense _______ of All persons who commit any offense _______ of Calif. which, if committed inside Calif., would be Calif. which, if committed inside Calif., would be larceny, carjacking, robbery, or embezzlement larceny, carjacking, robbery, or embezzlement and bring or are found with any portion of stolen and bring or are found with any portion of stolen or embezzled property in Calif.or embezzled property in Calif.

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PERSONS LIABLE FOR PERSONS LIABLE FOR PUNISHMENT-P.C.27 contPUNISHMENT-P.C.27 cont

All persons outside of Calif. who cause, All persons outside of Calif. who cause, aid, advise, or encourage another person aid, advise, or encourage another person to commit a crime within Calif., and who to commit a crime within Calif., and who are afterwards found in Calif.are afterwards found in Calif.

All persons who commit All persons who commit ________________ outside outside the state to the extent identified in Penal the state to the extent identified in Penal Code sec 118Code sec 118

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ELEMENTS OF THE CRIMEELEMENTS OF THE CRIME

Penal Code sec 20Penal Code sec 20 In every crime or public offense, there In every crime or public offense, there

must exist a union, or joint operation of act must exist a union, or joint operation of act and intent or criminal negligence.and intent or criminal negligence.

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CRIMINAL INTENTCRIMINAL INTENT

__________________ MUST EXIST TO __________________ MUST EXIST TO DISTINGUISH THE CRIME FROM AN DISTINGUISH THE CRIME FROM AN ACCIDENT OR MISTAKE OF FACT.ACCIDENT OR MISTAKE OF FACT.

______ _______ REQUIRE CRIMINAL ______ _______ REQUIRE CRIMINAL INTENT WHICH MEANS A MENTAL INTENT WHICH MEANS A MENTAL STATE OR FRAME OF MIND THAT THE STATE OR FRAME OF MIND THAT THE PERSON KNOWINGLY DID THE PERSON KNOWINGLY DID THE PARTICULAR CRIMINAL ACT.PARTICULAR CRIMINAL ACT.

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CRIMINAL INTENTCRIMINAL INTENT

____________________________ (the intent does not have (the intent does not have to be proven).to be proven).

The intent to perform the act that the law The intent to perform the act that the law deems illegaldeems illegal

When a person performs an illegal act, When a person performs an illegal act, general intent is presumedgeneral intent is presumed

____________________________An element of a crime and cannot be An element of a crime and cannot be

presumed (intended commission)presumed (intended commission)

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California PC 211California PC 211Robbery definedRobbery defined: the felonious : the felonious

taking of personal property in the taking of personal property in the possession of another, from his person possession of another, from his person or immediate presence, and against his or immediate presence, and against his will, accomplished by means, of force or will, accomplished by means, of force or fear. (1872)fear. (1872)

__________________________________________

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CRIMINAL INTENTCRIMINAL INTENT

__________________________________When an unlawful act affects a person When an unlawful act affects a person

other than, or in addition to, the person it other than, or in addition to, the person it was intended to affect, the intent becomes was intended to affect, the intent becomes transferred intenttransferred intent

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CRIMINAL NEGLIGENCECRIMINAL NEGLIGENCE

Criminal NegligenceCriminal NegligenceMeets the requirements of criminal intentMeets the requirements of criminal intentThe failure to exercise ordinary careThe failure to exercise ordinary careA negligent act that is aggravated or A negligent act that is aggravated or

reckless and constitutes indifference to reckless and constitutes indifference to consequencesconsequences

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CRIMINAL INTENT v CRIMINAL CRIMINAL INTENT v CRIMINAL NEGLIGENCENEGLIGENCE

Criminal intent deals with the state of mindCriminal intent deals with the state of mind

Criminal NegligenceCriminal Negligence deals with a deals with a person’s lack of due regard for _________person’s lack of due regard for _________

________________________

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CRIME CLASSIFICATIONSCRIME CLASSIFICATIONS

FelonyFelony

______________________

MisdemeanorMisdemeanor

““Wobblet”Wobblet”

InfractionInfraction

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PARTIES TO A CRIMEPARTIES TO A CRIME

Principal-P.C.31Principal-P.C.31 All persons involved in the commission of any All persons involved in the commission of any

crime, whether or not they directly commit the crime, whether or not they directly commit the criminal actcriminal act

Accessory-P.C. 32Accessory-P.C. 32 Person(s), who after a Person(s), who after a ____________________is committed, is committed,

harbor, conceal, or aid principals with the intent harbor, conceal, or aid principals with the intent to help them escape or avoid:to help them escape or avoid:

Arrest, trial, conviction or punishmentArrest, trial, conviction or punishment

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PARTIES TO A CRIMEPARTIES TO A CRIME

Accomplice – Accomplice – P.C. 1111P.C. 1111 A principal becomes an accomplice when A principal becomes an accomplice when

a principal a principal ____________________for the prosecution for the prosecution against another principalagainst another principal

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Persons Legally Incapable Persons Legally Incapable of Committing a Crime-of Committing a Crime-

P.C.26P.C.26

People who lack the mental capacity to People who lack the mental capacity to form intentform intent

Children under the age of _________, not Children under the age of _________, not knowing the wrongfulness of their actknowing the wrongfulness of their act

Idiots (IQ 0-24), and ............................Idiots (IQ 0-24), and ............................

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Persons Legally Incapable of Persons Legally Incapable of Committing a Crime-cont.Committing a Crime-cont.

Persons who committed the act Persons who committed the act or omission:or omission:

Under ignorance or mistake of factUnder ignorance or mistake of fact Without being conscious of the actWithout being conscious of the act Through misfortune or accident, orThrough misfortune or accident, or Under the threat of menace (___________ Under the threat of menace (___________

cases)cases)