Nature and Purpose of Law
What are laws?– Rules of conduct– Written down as a statute– Mandate/Forbid certain behaviors
Why do we have laws?– Reflection of morals of general society– Based on societal beliefs of behavior that is considered
Acceptable or Unacceptable Right and Wrong
What would our society look like if we did not have laws?
Statutory Law
Enacted by legislative body of government– The law “on the books”
Written into various Codes in CA– Penal, Vehicle, H&S, B&P, W&I, Ed., etc.
Penal Code– Criminal statutes written down– Criminal behavior described– Specific punishments attached to criminal acts which
vary by severity of offense
Common Law
Origins of US justice system
“Common Laws” were not written down, but merely customs or traditions sometimes administered unequally or unfairly
No common laws are recognized in CA today– Law must be written at time of offense to be
enforceable
Rule of Law
Centered on the belief that…– Laws help maintain order & safety in society– Laws must be codified – Laws must be applied fairly & equitably to all
Jurisprudence– The philosophy, science, and study of law
Criminal Law
Criminal Law (Substantive Law)– Deals with criminal behavior and resulting
punishments What is a “crime”?
– PC § 15– A public offense committed against the People – An act in violation of a law forbidding it– An omission in violation of a law commanding it– Examples?
Goal of Criminal Law = PUNISHMENT!
Civil Law
Civil Law (Tort Law)– Deals with wrongful acts between individuals– Contracts, divorce, child-custody disputes, unfair
labor practices, etc. Tort
– A private, civil wrong/injury between individuals Examples? Goal of Civil Law = TO RIGHT A WRONG!
Administrative & Procedural Law
Administrative Law– Regulations created by government to control
activities of industry, business, and individuals– Taxes, Health, Building Codes, etc.
Procedural Law– Deals with specific methods or procedures used
to administer criminal laws– Rules of evidence, testimony, etc.
Case Law
Some laws based on previous court decisions
Precedent – Stare Decisis = “let the decision stand”– Courts use decisions from previous similar cases
to guide in current case
How does this concept contribute to the Administration of Justice?
Classification of Crimes
In CA, crimes are categorized by severity and allowable punishment
– Infraction Fine only
– Misdemeanor County Jail (less than 1 year)
– Felony State Prison (more than 1 year), Death
– “Wobbler” Treated as either a Felony or Misdemeanor for purposes
of arrest and prosecution
Examples?
Inchoate Offenses
Incomplete or Partial offenses– Not fully carried out
Examples– Conspiracy to Commit Murder
Actions made preparing for the murder can be sufficient for arrest prior to actual murder
– Attempted Crimes – PC § 664 Homeowner arrives home and interrupts burglar in
process of entering home
Criminal Act and Intent
Act (Actus Reus)– An overt act in violation of a law forbidding it– An overt omission in violation of a law commanding it
Intent (Mens Rea) – “Guilty Mind”– Purpose of will to do the act
Intentional, Knowing, Reckless, or Negligent
– General, Specific, Transferred
There must exist a concurrence of Act and Intent to complete a crime
Reckless Behavior and Criminal Negligence
Reckless Behavior– Activity that increases risk of harm
Criminal Negligence– Culpability based on actions that endanger others– May not have directly intended harm– Can replace Intent for purposes of prosecution!
Examples?
Motive
Not the same as Intent! The desire which stimulates a person to do
some act Not a necessary element of a crime, but may
help to prove intent Lack of motive may work in favor of
defendant
Strict-Liability Offenses
Some crimes require no culpable mental state (mens rea)– Some acts simply wrong even without intent to
violate law
Examples– Traffic laws– Statutory Rape
Elements of Crimes
The specific and essential elements necessary to the commission of a particular crime
Examples: – PC § 459 – Burglary
Entry Into a certain type of structure With the intent to commit theft or any felony
– PC § 187 – Murder The intentional unlawful killing Of a human being With malice aforethought
All elements must be met to complete crime
Corpus Delicti
“Body of the Crime” Facts that show that a crime has occurred
and that someone committed it– Even if suspect remains unknown
Not the same as crime elements Examples
– Murder?– Arson?
Defense to Criminal Charges
Arguments and evidence offered by defendant to show why that person should not be held liable for criminal charge
Alibi – – Provable evidence that defendant was
Somewhere else at time of offense Doing something else at time of offense
Justification
Defendant admits doing the act but justifies why it was necessary
– Perhaps to avoid some greater harm or evil
Self-Defense– In order to protect oneself or one’s property from unlawful
injury– Must have reasonable belief that harm was imminent– May only use reasonable force to protect self, third party, or
property– Lethal force cannot be used against non-lethal force
Other Justifications
Defense of others– Reasonable force, imminent danger
Defense of home and property– Reasonable, non-deadly force
Necessity– In order to prevent greater harm
Consent– Prior permission given by harmed individual
Resisting Unlawful Arrest– Especially in response to excessive force
Legal Excuses
Duress– Unlawful threat or coercion to commit crime
Age– Young children considered incapable of forming necessary intent
Mistake– Law or fact
Involuntary Intoxication– “Spiked” drinks, etc.
Unconsciousness– Sleepwalking, seizures, etc.
Provocation– Fights, result of prolonged abuse, etc.
California Penal Code § 26
All persons presumed capable of committing crime except…
1. Children under 14
2. Mentally incapacitated
3. By ignorance/mistake of fact
4. Unconscious of the act
5. By accident with no evil intent
6. Under threat of life endangerment
Insanity Defense
PC § 25(b)– Accused person must prove by a preponderance of
evidence that he/she was incapable of… Knowing or understanding nature of actions, and Distinguishing right from wrong at time of offense Due to mental illness
M’Naghten Rule– Burden of proof on defendant to show inability to
distinguish “right from wrong” due to mental disorder
Diminished Capacity
PC § 25(a)– “The defense of diminished capacity is hereby abolished”
What constitutes “diminished capacity”?– Intoxication, trauma, mental illness, disease, or defect– That negates ability to form purpose, intent, motive, malice
aforethought, knowledge, or other mental state required to commit a crime
Diminished capacity may be considered at time of sentencing
Procedural Defenses
Defendant was somehow significantly discriminated against in justice process
– Official procedure not properly followed– Problem with investigation/prosecution
Entrapment– Improper/illegal inducement by law enforcement to commit
crime Double Jeopardy
– More than one prosecution for same act Violations of Due Process Protections
– Speedy trial, illegal search & seizure, etc.