LD-5

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Learning Domain 5: Into to Criminal Law

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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