Presentation on theme: "Ld.5, vol.2: Chapter 1 PC 832 Lecture"— Presentation transcript:
1 Ld.5, vol.2: Chapter 1 PC 832 Lecture CRIMINAL LAWLd.5, vol.2: Chapter 1 PC 832 Lecture
2 Constitutional Law 1. Federal Constitution 2. State Constitution Supreme law of the land, binds all States2. State ConstitutionMay add rights to people but not take away any granted in the Federal3. Federal CourtsEnforce Federal laws and hear appeals4. State CourtsTrial Courts and Appellate Courts for the State
3 Statutory Law 1. Written laws enacted by the Legislature. A. All crimes are statutory in CaliforniaB If there is no statute there is no crimeIf there is no punishment provides there is still no crime,The punishments are usually listed in the same section as the crimeC. There are no ex post facto lawsD. City and County ordinances are also enforceable if they are criminal
4 Case Law 1. Case law is the result of Appellate Court decisions. A. The principal in use is precedent1. The Court interprets the Constitution2. Clarifies the Statute2. Judicial ReviewA. This limits the powers of the Legislature
5 Nuances of Written Law 1. Letter of the law 2. Sprit of the Law 3. Interpretation of the lawA. What is its relationship to other statutesB. What was the intent of the Legislative BodyC. What is the meaning of the words.
6 Criminal Law vs Civil Law 1. Criminal Law deals with violations of Criminal Statutes.A. These are crimesB. The victim is the State of California2. Civil Law deals with noncriminal violations or civil wrongs.A. The purpose is redress, or to right a wrong. Under civil law, the injured party may file a lawsuit for monetary compensation or other relief, not including incarceration. These are called TORTS
7 Tort by Omission of an act or negligence may also be a tort if it violates a legal duty omission owed to another person.
8 Definition of a Crime 1. A crime is a violation of a criminal statute. A. an act committed in violation of a law forbidding it or commanding itB. And to which is annexed upon conviction a penalty which provides the following punishments.
9 Punishments 1. a penalty of death, 2. Imprisonment, fine, 3. Removal from public office, or disqualification from public office
10 Elements of Crime An act or omission In violation of a statute For which a punishment is affixedBasic elements Penal Code Section 20 states that "in every crime or public offense, there must be to every crime that there exists a union, or joint operation of act and intent, or criminal negligence
11 Elements summarized Elements of crime must be established Act or failure to actRequired intentUnion of the twoIF THE ELEMENTS CAN’T BE PROVEN, THE CASE MUST BE DISMISSED
12 IntentIn every crime there must be a criminal act and a related intent, or criminal negligence.The key to understanding intent is to understand the way criminal act and intent are related
13 ExampleA person may strike another with his fist not intending to commit great bodily injury. However, as a result of the blow, the person dies. In order to prove him guilty of murder, you must prove that he intended to kill him. Without that intent, he cannot be guilty of murder
14 What is Intent State of mind inferred from evidence Type required varies with crime chargedRefers to the accused state of mind during the commission of the crimeFour typesGeneral (Presumed)SpecificCriminal negligenceTransferred
15 General IntentAccused merely intended to commit the act that the law deem illegal. When a person performs an illegal act, general intent is presumed.Presumed intentNo showing of specific intent requiredNo knowledge of violating the law requiredGood examples are traffic violations
16 Specific Intent Particular state of mind Determination to commit the actCannot be presumedUsually written into the statute“With the intent to…”
17 Transferred IntentIntended act misses target and falls upon third partyWhen 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 unintended victim.Intended act must be unlawfulCan be applied only if the act involved doesn’t require a different state of mind
18 Criminal NegligenceFailure to exercise the care of a reasonable person under like situationsBecomes a substitute for intent
20 Crime classifications Felony P.C. 17These are the most serious of crimes, punishable by death or imprisonment in a state prison or by fine or removal from office.
21 Crime classifications Misdemeanor P.C. 19These are less serious than felonies, and are punishable by imprisonment in a county jail, fine, or both imprisonment and fine.
22 Crime classifications A person charged with a felony or misdemeanor is entitled to the following:A jury or court trialDefense by an attorney appointed at public expense.
23 Crime classifications Infractions P.C. 19.6Instead of a formal arrest and booking, infractions involve the issuance of a citation
24 Crime classifications Infractions Cont.These are the least serious of crimes and are not punishable by imprisonment but by fine only. A person charged with an infraction is not entitled to the following:A trial by juryDefense by a public defender appointed at the public expense
25 Crime classifications WobblerA wobbler is a crime that may be prosecuted in either of two crime classifications defined by statuteWe treat all these as felonies
26 Parties to a crime Principal Accessory Accomplice P.C. 31 P.C. 32
27 Principals1. All persons involved in the commission of a felony or misdemeanor. All principals are equally guilty and can be arrested and prosecuted.2. Persons are principal parties to a crime only if there is proof that they had the required criminal intent3. A principal need not be present during the actual commission of the crime.
28 Principal A principal is a person who does one of the following: Aids and abets in the commission of a crimeAdvises and encourages its commission (even if not present)Gets another drunk person to commit a crimeGets another person to commit a crime by threats or coercionCounseling a child under 14 to commit a crime
29 A person aids and abets in the commission of a crime if he or she actively abetting assists, supports, promotes, encourages, strengthens, or instigates by act or advice the commission of the offense. The person who aids and abets, must have knowledge of the unlawful purpose (intent) of the actual perpetrator of the crime. While aid and abet are similar in meaning, abet implies having a guilty knowledge and felonious intent that aid does not have
30 Accessory After a Felony has been committed… Knowingly harbors, conceals, or aids a principalWith intent to avoid arrest, trial, conviction, or punishmentThere can only be accessories to felonies
31 Accomplice Co-principal who testifies against another principal Crime partner rolls over on his buddyAn accomplice’s testimony must be supported by other known facts to be accepted by the court
32 Feigned AccompliceA feigned accomplice to a crime is a person who pretends to consult and accomplice with another in the planning or commission of a crime only for the purpose of discovering the perpetrator's plans and obtaining evidence.The feigned accomplice may be acting under the direction of a law enforcement officer or on his or her own initiative. Unlike a true accomplice, the feigned accomplice has no criminal intent and is not guilty of the offense
33 Legally incapable of committing a Crime Certain people are presumed by the law to be legally incapable of forming the necessary intent and therefore are incapable of committing crimes.
34 Incapable Penal Code Section 26 identifies those individuals who are presumed not persons capable of forming the designated state of mind and of committing a crime.
35 Acts committed under ignorance or mistaken fact Children under age 14The exception occurs if it can be shown that at the time of the crime, the juvenile knew the wrongfulness of the act. Such a finding is a legal question determined by the court, not by individual officers. Officers should record any evidence that could have a bearing on this factorIdiots (0-24)Acts committed under ignorance or mistaken factNot conscious of the actAct committed by misfortune or accidentLife was in danger, when the crime did not involve death.