LD-5
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Created by:
joeaguirre on July 29, 2009
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Description:
Learning Domain 5: Into to Criminal Law
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43 terms
Terms | Definitions |
|---|---|
 Accessory | One who knowingly assists a perpetrator after the felony has been committed |
| Accomplice | The principal testifies for the prosecution against another principal |
| Aids and Abets | Actively assisting, supporting, promoting, encouraging, or instigating in the commission of a crime by act or advice. |
| Breach of Contract | Failure to comply with terms of a contract |
| Case Law | Laws that are based upon appellate court decisions |
| Civil Law | Noncriminal violations of the law |
| Codes | All current statues or ordinances enacted by a legislative body |
| Constitutional Law | Rules and provisions found in the federal and state constitutions |
| Crimes | Violations of a criminal statue |
| Criminal Intent | A mental state or frame of mind that the person knowingly did the particular criminal act. |
| Criminal Law | Criminal statues that describe crime and punishment |
| Criminal Negligence | A inconsiderate act that is aggravated or reckless, and constitutes indifference to the consequences |
| Element of the crime | The basic facts that must be proven by the prosecution to sustain a conviction |
| Ex Post Facto Laws | Laws written after the fact to punish an action that has already taken place and was not illegal at the time of commission |
| Felony | The most serious crime, punishable by a fine and/or imprisonment in a state prison, removal from office, or death |
| General Intent Crimes | Intent is presumed and does not have to be proven |
| Judicial Review | The power held by the judicial branch that permits it to review actions of the legislative and executive branches of government and declare void acts it finds are in violation of the Constitution |
| Letter of The Law | When the law is applied in accordance with the literal meaning of the statue |
| Misdemeanor | A crime of lesser gravity than a felony, punishable by a fine and/or imprisonment in a county jail |
| Ordinances | County and municipal codes or statues |
| Precedent | Previous appellate court decisions that become binding on later court decisions |
| Principals | All persons involved in the commission of a felony or misdemeanor |
| Redress | To right a wrong |
| Specific Intent Crimes | An element of a crime that must be proven and cannot be presumed; the requirement of the specific intent element varies according to the crime |
| Spirit of The Law | Interpreting the law in accordance with the intent of the legislative body rather than the literal meaning of the words of the statue |
| Statutory Law | The written law enacted by a legislative body |
| Tort | Private wrong committed by one person against another |
| Transferred Intent | When an unlawful act affects a person rather than the person it was intended to affect |
| Wobbler | A crime that can be punished either as a felony or misdemeanor |
| Statutory | California criminal law is required to be ______. |
| English common law | California's legal system is based partly on ______. |
| authority | If the matter is only civil, peace officers lack the ______ to force a resolution to the dispute. |
| 20 | Penal Code Section ______ states that "in every crime or public offense, there must exist a union, or joint operation of act and intent, or criminal negligence." |
| intent | All crimes require criminal ______. |
| Negligence | ______ is the failure to exercise ordinary care. |
| thinking | Merely ______ about committing a crime is not sufficient to constitute an attempt. |
| 365 | Felony mandates ______ days or more in local jail or prison. |
| 180 | Misdemeanor mandates 90, ______ , 365 days in local jail. |
| money | Infraction requires ______ from the violator. |
| 26 | Penal Code Section ______ identifies those individuals who are presumed not capable of forming the designated state of mind and committing a crime. |
| children | Those presumed not capable of forming the designated state of mind are ______ under 14. |
| mentally | Those presumed not capable of forming the designated state of mind are ______ incapacitated. |
| threat | Those presumed not capable of forming the designated state of mind are under ______ or menace. |
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