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