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Police Academy > Criminal Law LD 5 > Flashcards

Criminal Law LD 5 Flashcards

1
Q

Accessory

A

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

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2
Q

Who are people legally incapable of committing a crime?

A

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)

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3
Q

What are the types of intent?

A
  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)
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4
Q

Who makes case law?

A

Judges

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5
Q

What are the consequences of a crime?

A

Prison, death, fine

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6
Q

How many constitutions do we have?

A

2 (U.S. Constitution, CA Constitution

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7
Q

What are the punishments of an infraction?

A

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

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8
Q

How are classes of crime defined?

A

By their punishments.

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9
Q

Precedent

A

Looking at past judge decisions (not involving constitutional statutes)

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10
Q

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

A

Money damages (not a fine)

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11
Q

Which courts make case law?

A

Appellate courts (Appeals Courts or Supreme Courts)

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12
Q

What is an Ex Post Facto Law

A

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

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13
Q

What are the punishments of a felony?

A

Prison, death, fine

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14
Q

What are the elements of a crime?

A
  1. Act or omission to act 2. Criminal intent 3. Joint union of criminal intent and act or omission to act
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15
Q

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

A
  1. Punishment 2. Rehabilitation 3. Deterrence
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16
Q

What are the two origins of current law?

A
  1. Common law 2. Continental law
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17
Q

Are there unwritten statutory laws in CA?

A

No All CA statutory law is written.

18
Q

Which branch enforces statutory law?

A

The Executive Branch

19
Q

What are distinctions in the law?

A
  1. Letter vs. Spirit (Penal code 4) 2. Criminal vs. civil
20
Q

Case Law

A

Written appellate court decisions

21
Q

What are the classes of crime?

A
  1. Felony 2. Misdemeanor 3. Infraction
22
Q

What are the three types of current law?

A
  1. Constitutional law 2. Statutory law 3. Case law
23
Q

What is the violation of a civil law?

A

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

24
Q

What is the Bill of Rights?

A

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

25
Q

Crime

A

Violation of a criminal statute

26
Q

What is a wobbler?

A

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

27
Q

Who makes statutory law?

A

Legislative branch

28
Q

Which branch of the government are police under?

A

The Executive Branch

29
Q

Punishment for a crime?

A

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

30
Q

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

A

Penal code 4

31
Q

What is the purpose of constitutions?

A

They protect our rights and freedoms.

32
Q

Persons liable for punishment in CA

A
  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)
33
Q

What is the violation of criminal law?

A

Crime

34
Q

What are the types of attempt?

A
  1. Direct but ineffectual act towards commission of crime 2. Intent to commit crime
35
Q

Principal

A

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

36
Q

Where do statutory laws come from?

A

Statutes (AKA codes, ordinances)

37
Q

Doctrine of Judicial Review

A

Looking at constitutionality of a statute

38
Q

What is the spirit of the law?

A

The legislative intent in making the law.

39
Q

Accomplice

A

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)

40
Q

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

A

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

41
Q

What are the punishments of a misdemeanor?

A

Jail, fine

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