INTRODUCTION INTRODUCTION PURPOSE OF CRIMINAL PURPOSE OF CRIMINAL LAW LAW LIMITATIONS AND LIMITATIONS AND CONTROLS CONTROLS California Criminal Law Concepts Chapter 1 1 M. Reid LAHC
Dec 31, 2015
INTRODUCTIONINTRODUCTION
PURPOSE OF CRIMINAL PURPOSE OF CRIMINAL LAWLAW
LIMITATIONS AND LIMITATIONS AND CONTROLSCONTROLS
California Criminal Law Concepts Chapter 1
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M. ReidLAHC
ORIGIN & DEVELOPMENT - ORIGIN & DEVELOPMENT - CRIMINAL LAWCRIMINAL LAW
• Development of __________
• Adoption of ___________ in America• ___________ Crimes
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Written Law
Common Law
Common Law
SOURCES OF SOURCES OF CRIMINAL LAWCRIMINAL LAW
• Federal & State ___________
• Bill of ______
• ______________ Legislature
• _____ Decisions
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Constitutions
Rights
Congress & State
Court
PURPOSE & NATURE OF PURPOSE & NATURE OF CRIMINAL LAWCRIMINAL LAW
PC 15: Definition of Crime or Public OffenseA crime or public offense is an act committed or
omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:
• Death• Imprisonment• Fines
• Removal from Office
• Disqualification to hold and enjoy any office of honor, trust or profit in this State 4
JUDICIAL DECISIONSJUDICIAL DECISIONS
Stare Decisis (Latin term)
• Essentially means “Let the _______ stand”
• Meaning that the ____________ decision “stands” as the legal rule
• Also known as _________
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decision
previous court
“precedent”
CLASSIFICATION OF CLASSIFICATION OF LAWSLAWS
• Adjective Law: Essentially are the ________ for enforcing laws
• Substantive Law: Creating, _______ and _________ rights, writing law
• _______ vs. Civil Law
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methods
defining regulating
Criminal
STATUTE OF STATUTE OF LIMITATIONSLIMITATIONS
• Commencing Prosecution ___________ must be filed within one
year
• Two sections are _____: 647.6 Three years729 of the Business & Professions
Code
• Perpetrator Out of State (See PC 803[d])
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Misdemeanors
longer
CRIMES WITH NO STATUTE CRIMES WITH NO STATUTE OF LIMITATIONS OF LIMITATIONS
• PC 799
• Treason
• Murder
• Embezzlement of ______ monies
• Other felonies vary with statute of limitations
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public
CASE CITATIONS & CASE CITATIONS & APPEALSAPPEALS
• California has ____ Appellate Courts
• State Supreme Court
• However, ________Courts can hear appeals from a misdemeanor case
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six
Superior
CALIFORNIA CALIFORNIA COURT SYSTEMCOURT SYSTEM
• Superior Courts• California ________ Courts
– (State Courts of APPEAL) See Cal. Const. Article VI, Section 12.
• State ________ Court See Cal. Const. Article VI, Section 10
http://www.courtinfo.ca.gov/10
Appellate
Supreme
CALIFORNIA CALIFORNIA APPELLATE COURTSAPPELLATE COURTS
• Appellant files the ______
• Respondent is the _______ party
• Written ________ are published as either Cal. App. or C.A.
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appeal
adverse
decisions
CASE CITATIONSCASE CITATIONS
PEOPLE V. WEAVER, 44 Cal. App. 4th 154
Translates to:
• The People of California against a person named Weaver
• 44 is the _______
• Cal. App., refers to the California _________ reports (which are published reports)
• 4th means the fourth series of reports
• 154 indicates the ___________ of the case in the 44th Volume, of the 4th series, of the Calif. Appellate Reports, on page 154
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volume
Appellate
page number
CALIFORNIA APPELLATE CALIFORNIA APPELLATE COURTSCOURTS
• First Appellate District (San Francisco)
• Second Appellate District (Los Angeles and Ventura)
• Third Appellate District (Sacramento)
• Fourth Appellate District, Division One (San Diego)
• Fourth Appellate District, Division Two (Riverside)
• Fourth Appellate District, Division Three (Santa Ana)
• Fifth Appellate District (Fresno)
• Sixth Appellate District (San Jose)
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CALIFORNIA CALIFORNIA SUPREME COURTSUPREME COURT
• There are _____ Justices
• Written ________ are published in California Reports, which are abbreviated:
Cal. or simply C.
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seven
decisions
SUPREME SUPREME COURT CITATIONSCOURT CITATIONS
People v. Lucas, 12 Cal. 4People v. Lucas, 12 Cal. 4thth 415 415
This would translate to:
• The ________________ v. Lucas (Name of Defendant)
• 12 Cal. Means the 12th volume of the ____________________ (Cal.)
• 4th ______
• ____ 41515
People of California
California Supreme Court
Series
Page
ATTORNEY GENERAL OPINIONSATTORNEY GENERAL OPINIONS
• ______ vs. ________ Opinions
• AG is the “_____ Law Enforcement Officer in the State”
• Authority of AG's Opinions:They don’t have the same authority as
_______
They are _____________ decisions and entitled to “great respect”
Must give a written opinion when requested to do so by the Governor, Secretary of State, Superintendent of Public Instruction.
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Formal Informal
Chief
case law
“quasi-judicial”
POLICE POWER OF POLICE POWER OF THE STATETHE STATE
Areas of Police Power:Public ______Public ______MoralsGeneral _______Economic Prosperity
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Health
Safety
Welfare
CONCEPT OF CONCEPT OF PREEMPTIONPREEMPTION
Article __ Section __ of the California Constitution:
Allows county or city to make and enforce laws that are not in conflict with general (State) laws
These are referred to as either ordinances or municipal or county codes
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XI 7
EX POST FACTO LAWSEX POST FACTO LAWS
• U.S. Constitution and the California Constitution expressly prohibit Ex Post Facto laws
• Laws that are created ____________• These cannot:
Make a crime more ______Inflict a ______ punishment______ the rules of evidence
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“after the fact.”
seriousgreater
Change
DISTINCTION BETWEEN DISTINCTION BETWEEN CRIMES & TORTSCRIMES & TORTS
Crimes• Victim is the _____• Penalty - Punishment
includes: fine, imprisonment, removal from office, ordeath!
• Intent must be proven to be _______ intent
Torts• Personal redress• Penalty - _____
damages only• Intent – Torts
include ______, not criminal intent
• French term
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State
Civil
liability
criminal
• In a civil action, the plaintiff is the person that brings the suit.
• In a criminal case, the plaintiff is the District attorney who represents the people of CA.
• An action can be both a crime and a tort, ie: Battery
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DEFINITION OF TERMSDEFINITION OF TERMS
• Mala In Se vs. Mala Prohibitum:Crimes that are inherently ____ vs Crimes that are only _________ by law
• Moral Turpitude:“________ or _______” acts
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“Evil” prohibited
Shameful Immoral
DEFINITION OF TERMSDEFINITION OF TERMS
• Crimen falsi:Falsification – forgery, ____________,
fraud, etc.
• Infamous Crimes refers to “vileness, _____________” often associated with _______ or
bestiality (PC 286, 286.5)
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counterfeiting
moral depravitysodomy
VENUE vs JURISDICTIONVENUE vs JURISDICTION
• The physical or geographical location of the court where the case is to be filed or tried is referred to as the _____
• The __________ is the Courts legal authority over the defendant and of the crime
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venue
jurisdiction
• Based on pretrial ________ would preclude a fair trial
• Defendant is too well known in the community
• Feelings of the community are such that a fair and ________ jury is impossible
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CHANGE OF VENUECHANGE OF VENUE
publicity
impartial