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3 origins of law
Constitutional
Constitutional Law
Rules and provisions found in the federal and state constitutions
Statutory Law
Written laws enacted by a legislative body
Case Law
Previous appellate court decisions that are binding on lower court decisions (know as precedent)
Primary purpose is to interpret constitution and clarify statutes
Letter of the Law
The law is strictly applied in accordance with the literal meaning of the statute
Spirit of the law
The law is applied in accordance with the intent of the legislature
Criminal Law
Violations of the criminal statutes
Civil Law
Non-criminal violations of the law or private wrongs committed by one person of another (civil
wrong called a tort)
Tort by omission
Omission of an act or negligence may also be a tort if it violates a legal duty owed to another
person
PC 15
Defines a crime or public offense
,Penalties:
Death
Imprisonment
Fine
Removal from office
Disqualification to hold and enjoy any office of honor
Elements of a crime
The basic facts that must be proven by the prosecution to sustain a conviction
Intent
A mental state or frame of mind that the person knowingly did the particular crime
Transferred intent
When an unlawful act affects a person other than
Criminal Negligence
A negligent act that is aggravated or reckless
Attempt crimes not defined in penal codes
Charged under the general provisions of 664 PC (attempts) and the PC for the crime attempted
Example: 664 PC and 459 PC = attempted burglary
Attempted crime elements
An intent to commit that crime
A direct
Elements that are basic to every crime
Commission of a prohibited act
3 crime categories
Felonies
Felony
A crime punishable by a fine
Misdemeanor
A crime of lesser gravity than a felony
Wobbler
, A crime that can be punished either as a felony or misdemeanor
Infraction
A public offense punishable by a fine only
PC 31
Principle include all persons involved in the commission of a crime (need not to be present)
Aids and Abets
If he or she actively assists
Accesory
Anyone who
Accomplice
When a principal to a crime testifies for the prosecution against another principal
PC 1111
PC 26
This penal code identifies those individuals who are presumed not capable of committing a crime
• Children under 14
• Persons 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 malice
Reasonable Suspicion
When an officer has sufficient facts and information to make it reasonable to suspect criminal
activity
(Can only detain)
Probable Cause
When there is sufficient evidence that the suspect was involved in a crime.
Section 1983