Intro To Criminal Law

Flashcards based on the power point lecture given October 23, 2024.

Statutory Law

Definition: Written laws enacted by a legislative body

• All crimes = statutory in CA

• To be enforceable a law must be written

  • There is no crime if there is no statute

• Statutory law is recorded in various state, county, or municipal codes

Ex Post Facto

Definition: laws written after the fact

• Not punishable if crime was committed before

Letter of the Law

Definition: the law is strictly applied in accordance w/ literal meaning of the statute

Spirit of Law

Definition: the law is applied w/ the intent of the legislature, the promotion of fairness and justice and not solely in literal compliance w/ the words of statute

Criminal Law

Definition: violation of criminal statutes

• Consequence is prosecution

Civil Law

Definition: Non-criminal violation or public wrongs

• Civil wrong is a tort

  • Injured party may file lawsuit for monetary compensation or other relief

Tort

Definition: act or omission that causes legally cognizable harm to persons or property

Elements of a Crime

To arrest a person for committing a crime, the elements of that crime must be substantiated

• Basic facts that must be proven by the prosecution to sustain a conviction

• The particular crime isn’t complete if any element is missing

20PC

“In every crime or public offense, there must exist a union or joint operation of act and intent or criminal negligence”

Essentially, a crime must have a “joint operation” of an act and criminal intent

ALL crimes require criminal ______

intent.

• Intent

  • Definition: Mental state or frame of mind that the person knowingly did the particular criminal act

General Intent

Definition: Presumes the person was aware of actions

• Ignorance ISN’T an excuse

• Criminal intent is presumed

• EX:

  • Possession of a baggie of methamphetamine

  • Battery, arson, transportation of drugs, etc

Specific Intent Crimes

Definition: Person had intent to or for the purpose of

• EX:

  • Burglary, kidnapping

  • Possession of methamphetamine w/ the intent to sell

  • Quantity, scales, pay/owe sheets

Transferred Intent

Definition: when an unlawful act affects a person other than or/and the person it was intended to affect

• EX:

  • Defendant shot at an intended victim w/ intent to kill him but hit and killed a bystander

  • The intent transferred from the victim to the bystander

Criminal Negligence

Definition: Failure to exercise ordinary care

• EX: Father left 18 month old child in car in 90-degree weather

  • He didn’t have intent to harm his child BUT the child died therefore criminally negligent

Any attempt to commit a crime is a _______.

Crime.

• Intent to commit that crime

• A direct, but ineffectual, act done toward its commission

• Merely thinking about committing a crime ISN’T sufficient

Felony, misdemeanor, wobbler, and infraction are __________ __ __________.

Classification of Crimes.

Felony

Definition: Punishable by a fine and/or imprisonment in state prison, death or removal from office

Misdemeanor

Definition: Punishable by a fine and/or imprisonment in a county jail

Wobbler

Definition: can be either a felony or misdemeanor

Infraction

Definition: public offense punishable by a fine only

Principals

Definition: directly committed offense, aided & abetted, advised, encouraged, by threats compelled another to commit the offense

• Doesn’t need to be present during the actual commission of the crime

Aid

Definition: actively assists

Abet

Definition: having guilty knowledge and felonious intent

Accessory

Definition: anyone who, after a felony was committed, meets the following requirements

• has knowledge principal committed, has been charged or convicted of committing a felony

• Harbors, conceals or aids a principal in the felony

• Has the intention of assisting the principal to avoid/escape arrest, trial, conviction, or punishment

Accomplice

Definition: principal becomes an accomplice when they testify for the prosecution against another principal

PC 26

Definition: presumed not capable of forming the designed state of mine and committing a crime

• EX:

  • Persons who are mentally incapacitated

  • Persons who committed the act or omission

    • Under ignorance or mistake of fact

    • Without being conscious of the act

    • Through misfortune or accident

    • Under threat or menace

  • Children under 14

    • Children age 12-14 must know the difference between right versus wrong