intro to law 4/30/2025 intro to law PT 1

California Law

  • Must be written in a book of law (statutory).

  • No common law; if not written, no violation.

Legal Concepts

  • Letter of the Law: Exact wording.

  • Spirit of the Law: Reason behind the law.

  • California Code Books: The written laws.

  • Case Law: Court interpretations.

  • Constitutional Law: From the U.S. Supreme Court.

  • Criminal law, both substantive and procedural are found in California state codes and interpreted by courts. This forms the foundation of criminal justice.

Radio Codes & Communication

  • San Francisco's radio codes may differ from other Bay Area agencies.

  • Request plain talk from other agencies (e.g., CHP) to avoid misinterpretation (e.g., "212214").

Victim's Role in Prosecution

  • D.A. often drops cases if the victim doesn't want to prosecute due to heavy backlogs and the victim being the main witness.

  • Citizens may believe the victim controls prosecution, but this isn't true.

  • Example: Shopkeeper extortion case: Even if the shopkeeper wants to drop charges, the D.A. can prosecute, subpoena the shopkeeper, and use video evidence.

Definition of a Crime

  • A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it.

  • Punishments upon conviction:

    • Death

    • Imprisonment

    • Fine

    • Removal from office

    • Disqualification from holding office.

  • Simplified: An act violating a law or a failure to act when commanded by law, with punishment upon conviction.

Elements of a Crime

  • Every crime requires:

    • Act and intent.

    • Act and criminal negligence.

  • Example:

    • Caller reporting a stolen phone. Determine how it was stolen.

    • If the phone was lost, it is classified as lost property, report online at sanfranciscopolice.org/reports to save time.

    • If it was robbery with a bomb, then use the codes 211/221.

Criminal Act

  • Physical action (e.g., punching).

  • Failure to act (e.g., not using a seat belt).

  • Possession of illegal items (e.g., drugs, burglary tools, weapons). No physical action is needed for possession-based offenses.

Criminal Intent

  • Accused's state of mind during the crime.

  • Intent (or criminal negligence) must be proven.

  • Four types of intent:

    • General

    • Specific

    • Transferred

    • Criminal negligence

Crime vs. Tort

  • Crime:

    • Criminal intent.

    • State is the prosecutor.

    • Few settlements occur out of court.

    • Fines go to the public treasury.

    • Contributory negligence is not a defense.

    • Purpose is punishment.

    • Statutory limit to fines.

  • Tort (Civil Wrong):

    • No criminal intent (unless also a crime).

    • Victim is the prosecutor.

    • Most settlements are out of court.

    • Damages go to the victim.

    • Contributory negligence may be a defense.

    • Purpose is to restore the original condition.

    • No limit to damages.

  • Dispatchers are generally not involved in civil disputes.

  • Distinguish criminal intent/negligence from civil matters.

  • Example: Roommate breaking glasses: Initially civil, but escalates to a potential police matter if threats/fear are involved.

General Intent

  • Presumed intent based on the situation.

  • Example: Herbert throws a rock through Sam's window after an argument.

  • Priority call if the suspect is on scene. Justify the priority in the text.

  • If the suspect leaves, get the direction of travel.

Abbreviations & Descriptions

  • Know the acceptable CAD abbreviations.

  • Suspect description order: Race, gender, age, height, build, clothing (top to bottom), any weapon seen.

  • Vehicle description order: Color, year, make, model, body, license plate (acronym: CYMBL).

Specific Intent

  • Requires a particular state of mind, written into the statute.

  • Recognized by phrases like "with the intent to."

Transferred Intent

  • Intent can be transferred from one object/person to another.

  • Example: AA shoots at BB with intent to kill, But Mrs. and shoots and kills C

Criminal Negligence

  • Failure to exercise ordinary prudence.

  • Example: Drunk driving resulting in death. The death is a consequence of criminal negligence, which equates to intent.

Elements of a Crime & Burden of Proof

  • Elements of each crime are in the penal code.

  • To have a homicide, person must be deceased, and somebody's criminality must be the source of the loss. Example, injury or loss must be present

  • In the U.S., individuals are innocent until proven guilty.

  • The state must prove:

    • A crime was committed.

    • The defendant committed it.