Criminal Law LD 5

Question 1

Accessory

Answer 1

After the fact, help someone with commission or escape - only felony, no accessory for misdemeanor

Question 2

Who are people legally incapable of committing a crime?

Answer 2

UIMCAT - U: Under the age of 14 - I: Idiot: mentally challenged, don’t understand right from wrong - M: Make honest mistake of fact - C: Not conscious of your activity (ex: drugged) - A: Accident - T: Threat (except murder)

Question 3

What are the types of intent?

Answer 3

1. General (doing something the law prohibits; don’t have to know it’s illegal) 2. Specific (requires motive, plan, scheme, or design) 3. Transferred (gun; intend to KILL one person, but KILL another; not merely wounding) 4. Criminal negligence (do lawful act in a reckless manner in disregard for other people’s safety; think vehicle or lawful duty to someone that you fail to perform)

Question 4

Who makes case law?

Answer 4

Judges

Question 5

What are the consequences of a crime?

Answer 5

Prison, death, fine

Question 6

How many constitutions do we have?

Answer 6

2 (U.S. Constitution, CA Constitution

Question 7

What are the punishments of an infraction?

Answer 7

Fine - no right to jury trial - no right to public defender - can’t go to jail

Question 8

How are classes of crime defined?

Answer 8

By their punishments.

Question 9

Precedent

Answer 9

Looking at past judge decisions (not involving constitutional statutes)

Question 10

What are the consequences of a breech of contract or tort (a wrong of another person)?

Answer 10

Money damages (not a fine)

Question 11

Which courts make case law?

Answer 11

Appellate courts (Appeals Courts or Supreme Courts)

Question 12

What is an Ex Post Facto Law

Answer 12

A law punishing someone for committing an act when it was legal.

Question 13

What are the punishments of a felony?

Answer 13

Prison, death, fine

Question 14

What are the elements of a crime?

Answer 14

1. Act or omission to act 2. Criminal intent 3. Joint union of criminal intent and act or omission to act

Question 15

What are the aims or goals of the consequences of a crime?

Answer 15

1. Punishment 2. Rehabilitation 3. Deterrence

Question 16

What are the two origins of current law?

Answer 16

1. Common law 2. Continental law

Question 17

Are there unwritten statutory laws in CA?

Answer 17

No All CA statutory law is written.

Question 18

Which branch enforces statutory law?

Answer 18

The Executive Branch

Question 19

What are distinctions in the law?

Answer 19

1. Letter vs. Spirit (Penal code 4) 2. Criminal vs. civil

Question 20

Case Law

Answer 20

Written appellate court decisions

Question 21

What are the classes of crime?

Answer 21

1. Felony 2. Misdemeanor 3. Infraction

Question 22

What are the three types of current law?

Answer 22

1. Constitutional law 2. Statutory law 3. Case law

Question 23

What is the violation of a civil law?

Answer 23

Breech of contract or tort (a wrong of another person)

Question 24

What is the Bill of Rights?

Answer 24

The first 10 amendments to the U.S. Constitution.

Question 25

Crime

Answer 25

Violation of a criminal statute

Question 26

What is a wobbler?

Answer 26

A crime that is either a felony or a misdemeanor that you treat as a felony.

Question 27

Who makes statutory law?

Answer 27

Legislative branch

Question 28

Which branch of the government are police under?

Answer 28

The Executive Branch

Question 29

Punishment for a crime?

Answer 29

Prison, death, fine - removal from office - disqualification to hold office (except office of governor)

Question 30

What penal code requires police to apply the spirit of the law instead of the letter of the law?

Answer 30

Penal code 4

Question 31

What is the purpose of constitutions?

Answer 31

They protect our rights and freedoms.

Question 32

Persons liable for punishment in CA

Answer 32

1. Commit crime in CA 2. Commit a theft crime and bring proceeds (including stolen property) to CA 3. Outside CA, help someone commit crime in CA, then must enter CA 4. Commit perjury (lying under oath orally or written) anywhere involving a CA case (don't have to return to CA)

Question 33

What is the violation of criminal law?

Answer 33

Crime

Question 34

What are the types of attempt?

Answer 34

1. Direct but ineffectual act towards commission of crime 2. Intent to commit crime

Question 35

Principal

Answer 35

Commit crime or just as responsible as person committing crime - commit crime - help someone commit crime - get someone drunk or high to commit crime - threaten someone to commit crime

Question 36

Where do statutory laws come from?

Answer 36

Statutes (AKA codes, ordinances)

Question 37

Doctrine of Judicial Review

Answer 37

Looking at constitutionality of a statute

Question 38

What is the spirit of the law?

Answer 38

The legislative intent in making the law.

Question 39

Accomplice

Answer 39

Testify: Snitch or police helper - Principal help testify against another principal - Feigned accomplice: pretends to be principal and then testifies against principal (law enforcement under cover)

Question 40

What are the aims or goals of the consequences of a breech of contract or tort (a wrong of another person)?

Answer 40

Redress (Righting the wrong) (Making the wronged person whole again)

Question 41

What are the punishments of a misdemeanor?

Answer 41

Jail, fine