CJ320 final note
Source of Criminal Law: federal, state, local
California classification of offenses:
- Felony (state prison possible)
- Wobbler (can be a felony, can be a misdemeanor)
- Misdemeanor (up to 1 year in jail/or fine)
- Fraction (fine only)
Punishment for felony otherwise not prescribed: 16 months, 2, or 3 years.
Punishment for misdemeanor otherwise not prescribed: 6 months and/or fine not exceeding $1000.
Type of terms:
- Low term: ex. 16 months
- Mid-term: ex 2 years
- Upper term: ex 3 years
Elements for criminal liability:
- Actus reas: bodily movement + free will
- Mens rea: mental state
- Concurrence: both at the same time (mens rea and actus reas)
- Causation
- Resulting harm: murder, mayhem.
Actus reus: Bodily movement + will
Mens rea: Mental state
Concurrence: happens at the same time
- Penal code 20: in every crime or offense, there must exist a union, or a joint operation of act and intent, or crime negligence.
Causation: there are two types
- Factual causation
- Proximate causation
Factual causation: “but for” test. The actor’s conduct set a chain of events in motion, which led to the harmful result.
Proximate causation: indicates a nearness in time and place between the actor and the result.
Mayhem: unlawfully maliciously deprives a human being of a member of his body, disables, disfigured, or renders it useless, or cuts out the tongue, or puts out an eye or slits the nose, ear, or lip, is guilty of mayhem.
Act: (Actus reas includes)
1. requires bodily movement/free will
2. reflex/ reaction
3. spasms
4. seizures
Omissions:
- Must have a legal duty to act:
o not going to be charged without legal duty
o most people act out of morals
- legal duties arrive based on
o statues
- Penal Code 142
o Any peace officer with the authority to arrest a person who has been arrested and willfully refuses to arrest that person shall be punished with a misdemeanor.
- Felony or misdemeanor
Legal duties arise based on: statues, contracts, special relationships.
- Statues: ex. Hit and run, firearms in reach of children.
- Contracts: file a tac return, register a gun.
- Special relation: parent-child.
Possession is divided into two categories: actual possession and constructive possession.
Actual possession: the defendant knowingly exercises direct physical control over an object. In other words, they have it on them.
Constructive possession: The defendant knowingly exercises control over, or the right to control, an object directly or through another person. Ex. It occurs when law enforcement believes there are multiple people with knowledge and access to drugs (in the car, in the glove compartment, etc.)
Mens rea has 4 recognized mental states: general intent, specific intent, transferred intent, and constructive intent.
General intent: intent to do something. Most crimes require general intent, meaning that the prosecution must prove only that the accused meant to do an act prohibited by law. Whether the intended the act’s result is irrelevant.
Specific intent: with intent to commit a crime. Specific intent crimes typically require that the defendant intentionally commit an act and intend to cause a particular result when committing that act. Ex. Enter a building to burglarize.
Transferred intent: intent to harm one person and harmed another one instead.
Constructive intent: reckless conduct. Ex. Driving the wrong way on the freeway. A person with AIDS not telling their partner, etc.
Parties to a crime: Principles and accessories
Principles: are those who actually commit the crime and those who aid and abet the commission of the crime.
Accessories: those who assist after the commission of the crime.
Aiding and abetting has 2 offenses: target offense and non-target offense.
- Target offense: the crime that the accused parties intended to commit.
- Non-target offense: an additional unintended crime that occurs during the commission of the target offense.
Conspiracy: a conspiracy is an agreement entered into between two or more persons with the specific intent to agree to commit the crime of___, and with the further specific intent to commit that crime, followed by an overt act committed in California by one or more of the parties for the purpose of accomplishing the object of the agreement.
Overt act: an act by one or more of the members of the conspiracy that is done to help accomplish the agreed-upon crime. The overt act must be more than the act of agreeing or planning to commit the crime, but it does not have to be a criminal act itself.
Attempt: an attempt to commit a crime consists of two element:
- A specific intent to commit the crime, and
- A direct but ineffectual act done toward its commission.
Attempt punishment: half punishment. Instead of 2-3-4, it will be 1-2-3.
Self-defense requires: actual belief and reasonable belief in an imminent danger.
Homicide: the killing of one human being by another, either lawfully or unlawfully. Including murder and manslaughter, which are unlawful, and acts of exhaustible and justifiable homicides, which are lawful.
4 types of homicide in California:
1. First-degree murder
2. Second-degree murder
3. Voluntary manslaughter
4. Involuntary manslaughter
Fetus: defined as unborn offspring in the embryonic period, 7-8 weeks into fertilization.
How soon must a person die after a crime for the defendant to be charged: 3 years and a day.
What is murder: the unlawful killing of a human being or fetus, with malice aforethought.
2 type of malice:
1. Express malice
2. Implied malice
Express malice: there is an intent to kill
Implied malice: The defendant acted with 1) intentionally committed the act, 2) the natural and probable consequence of the act was dangerous to human life, 3) at the time he acted, he knew his act was dangerous to human life, and 4) deliberately acted with conscious disregard for human life.
First-degree murder: Premeditation, deliberation, expressed malice. NEED ALL THREE
Premeditation: considered beforehand
Deliberation: weighed the consideration for and against his choice and, knowing the consequences, still decided to kill.
Second-degree murder with express malice:
- Express malice
o There is no premeditation or deliberation; you only need one or the other to proven.
o It becomes voluntary manslaughter if it is in the heat of passion or imperfect self-defense.
Second-degree murder with implied malice:
- Murder where:
o D intentionally committed the act.
o The natural and probable consequences of the act were dangerous to human life.
o At the time of the act, he knew his act was dangerous to human life.
o Deliberately acted with conscious disregard for human life.
Voluntary manslaughter: a killing that would otherwise be murder is reduced to ___ if D killed someone because of a sudden quarrel (عراك مفاجئ) in the heat of passion, the result of provocation—or imperfect self-defense.
Heat of passion: D killed someone because of a sudden quarrel or in the heat of passion if:
- The defendant was provoked,
- As a result of the provocation, the defendant acted rashly and under the influence of intense emotion that obscured his reasoning or judgment, AND
- The provocation would have caused a person of average disposition to act rashly without due deliberation, that is, from passion rather than from judgment.
Cooling off period: if enough time has passed between the provocation and the killing for a person of average disposition to “cool off” and regain his clear reasoning and judgment, then the kill is not reduced to voluntary manslaughter.
Imperfect self-defense: when you conclude the defendant acted in complete self-defense, his actions were lawful, and he will be found not guilty of any crime. The difference between complete self-defense and ____ self-defense depends on whether the defendant’s belief in the need to use deadly force was reasonable.
Involuntary manslaughter: killing during the commission of an inherently dangerous misdemeanor, does not intend to kill a person (no malice).
Inherently dangerous misdemeanor: Battery, branching a firearm, criminal negligence.
Brandishing a firearm: drawing or exiting a firearm in a rude, angry, or threatening manner in the presence of another person.
Criminal negligence: involves more than ordinary carelessness, inattention, or mistake in judgment,
1. He acts in a reckless way that creates a high risk of death or great bodily injury, AND
2. A reasonable person would have known that acting in that way would create such a risk.
Automatic First-degree murder:
- Felony murder
- Torture
- Lying in wait
- Destructive device
- Drive-by shooting
- Poison
Felony murder:
- Robbery
- Rape
- Arson
- Carjacking
Special circumstance requirements: must be convicted of FIRST-degree murder in the current case; the murder was committed under one or more special circumstances.
Special circumstances:
- Financial gain
- Prior conviction for first or second
- Degree murder in prison
- Convicted of more than one murder
- Destructive device
- Murder of a cop or firefighter
- Performing duties
- Murder of a witness to prevent testimony or in retaliation for testimony.
- The murder of persecutor, judge, or juror in retaliation for it to prevent the performance of duties.]
- Lying in wait
- Poison
- Hate crime
- Drive-by
- Felony murder.
Penalty for first-degree murder: 25 to life
Penalty for first-degree murder with special circumstances: death or life without parole___ all 3 must agree to the death penalty (jury, DA, and Judge).
What are the different types of sex crimes: Rape, sodomy, oral copulation, penetration by foreign objects.
Element of rape: sexual intercourse (any type of penetration) against the will of the victim (no consent)
Circumstances of rape:
- CALCRIM 1000
o Rape by force, fear, threats, or violence
- CALCRIM 1002
o Rape of a person incapable of resisting due to intoxicating, anesthetic, or controlled substance.
o The defendant knew or reasonably should have known that the effect of an intoxication prevented the woman from resisting.
- CALCRIME 1003
o The woman was unable to resist because she was unconscious of the nature of the act.
o The defendant knew that the woman was unable to resist because she was unconscious of the nature of the act.
- CALCRIM 1004
o Rape of a mentally or physically disabled person, which prevented her from giving legal consent.
- CALCRIM 1005
o Rape or a person who submits under the belief that the person committing the act is the victim’s spouse and the belief it.
o The defendant tricked her, lied to her, or concealed information from her, intending to make her believe they were married to each other.
Consent: the defendant is not guilty of rape if he actually and reasonably believes that the woman consented to the intercourse.
- Evidence that the woman requested, suggested, or communicated that the defendant uses a condom or other birth control devices is not enough by itself to constitute.
Penetration: sexual intercourse means any penetration, no matter how slight, or the vaginal or genitalia by the penis.
Punishment for rape: 3-6-8
Sodomy: penetration of the general or anal opening of the other person or causing the other person to penetrate his or her own.
Statutory rape: sexual intercourse with a minor
Statutory rape-felony: the defendant is older than 21, the victim is 16 or younger
Statutory rape-wobbler: the defendant is at least 3 years older than the victim, and the victim is 16 or older.
Statutory rape misdemeanor: the defendant is no more than 3 years older than the victim.
Penalty for statutory rape: 16-2-3 for a felony, 1 year for a misdemeanor.
Battery: any willful and unlawful use of force or violence upon the person of other.
Assault: an unlawful attempt, coupled with the present ability, to commit a violent injury upon the person of another.
Deadly weapon: any object, instrument, or weapon which is used in such manner as to be capable of producing and likely to produce death or great bodily injury.
2 types of theft:
1. Grand theft
2. Petty theft
Grand theft: value of $950
- Automobile (worth over $950)
- Firearm
- Bovine, caprine, Jack/jenny (cow, goat, donkey)
Petty theft: all other thefts under $950
Burglary: Crime against a property
1. The defendant entered a building or locked vehicle, And
2. When he entered the building or locked vehicle, he intended to commit theft.
Does not have to take anything, just has intent to.
Robbery: crime against a person
1. The defendant took property that was not his own,
2. The property was in the possession of another person
3. The property was taken from the other person or his immediate presence,
4. The property was taken against the person’s will,
5. The defendant used force or fear to take the property or to prevent the person from resisting and
6. When the defendant used force, or fear to take the property, he intended to deprive the owner of it permanently.
Theft by larceny:
1. Have to take possession of property owned by another
2. Taken without owner’s consent
3. When the property was taken, he intended to deprive the owner of it permanently.
4. Moved the property, even a small distance, and kept it for a period of time, however brief.
DUI: driving under the influence of alcohol or any mind-altering substance.
Penalty for Felony DUI offenses:
- DUI + priors= 16-2-3
- DUI + injury= 16-2-3
- DUI + negligence+ death= 2-3-4
Felonies for DUI offenses:
- DUI + gross negligence + death = 3-6-11
- DUI + implied malice + death = second-degree murder, 15-life.