LD 5 CRIMINAL LAW

34 terms by Dcwills2410 

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3 ORIGINS OF LAW FOUND IN LEGAL SYSTEM

CONSTITUTIONAL, STATUTORY, CASE

EX POST FACTO LAWS

PROHIBITS PROSECUTION OF AN ACT THAT WAS NOT ILLEGAL AT THE TIME IT WAS COMMITTED.

FEDERAL, LOCAL AND STATE COURTS ARE..

BOUND BY THE CONSTITUTION

STATE COURTS HAVE THE ABILITY TO?

ADD TO THE CONSTITUTION BUT MAY NOT TAKE AWAY

THE BILL OF RIGHTS CONSISTS OF?

THE FIRST TEN AMENDMENTS

BILL OF RIGHTS GUARENTEES?

DUE PROCESS, SEARCH AND SIEZURE, SELF INCRIMINATION, EQUAL PROTECTION

STATUTORY LAW

RECORDED IN VARIOUS STATES, COUNTY OR MUNICIPLE CODES

PC 18

PROVIDES PUNISHMENT FOR THOSE CRIMES WITHOUT SPECIFIC PUNISHMENT

PC 19

PROVIDES PUNISHMENT FOR THOSE CRIMES WITHOUT SPECIFIC PUNISHMENT

COMMON CA CODES

VEHICLE, PENAL, WELFARE, HEALTH, EVIDENCE, BUSINESS, EDUCTION, GOVERNMENT,FISH & GAME, CODE OF REGULATIONS

CASE LAW

'PRECENDENT' PREVIOUS APPELATE COURT DECISIONS BOUND BY LOWER COURTS

PRIMARY PURPOSE OF CASE LAW

INTERPRET THE CONSITITUTION, CLARIFY STATUTES

MIRANDA VS. ARIZONA

EXAMPLE OF CASE LAW

JUDICIAL REVIEW

PROTECTS INDIVIDUALS FROM UNCONSTITUTIONAL LEGISLATION

WRIT OF CERTIORARI

REVIEW BY HIGH AUTHORITY

LETTER OF THE LAW

LEAVES NO ROOM FOR INTERPRETATION

SPIRIT OF THE LAW

LAWS APPLIED WITH GOOD INTENT, FAIRNESS AND JUSTICE. NOT SOLEY IN LITERAL COMPLIANCE OF STATUTE

CRIMINAL LAW

VIOLATIONS OF CRIMINAL STATUTES

CIVIL LAW

NON-CRIMINAL OR PRIVATE WRONGS COMMITTED BETWEEN TWO PERSONS

PURPOSE OF CIVIL LAW

REDRESS OR RIGHT A WRONG

PURPOSE OF CRIMINAL LAW

DETER CRIMINAL BEHAVIOR, REHABILITATE CRIMINALS

IN CIVIL CASES, LAWE EFROCEMENTS DUTY IS?

TO STAND BY, PRESERVE PEACE AND MAINTAIN ORDER

WHO IS LIABLE FOR PUNISHMENTS P.C. 27

ALL PERSONS WHO COMMIT ANY CRIME IN CA, OR WHO ARE INVOLVED IN ANY WAYS WITH A CRIME COMMITED IN CA

P.C. 20

ELEMENTS OF CRIME, ACT OF INTENT-CRIMINAL NEGLIGENCE

ELEMENTS BASIC TO EVERY CRIME

COMISSION OF PROHIBITED ACT, OMISSION OF REQUIRED ACT, INTENT

TYPES OF 'INTENT'

GENERAL, SPECIFIC, TRANSFERRED, CRIMINAL NEGLIGENCE

ATTEMPT TO COMMIT A CRIME MEANS?

DIRRECT BUT INEFFECTUAL ACT-CIRCUMSTANCES MAKE THE ACT POSSIBLE EVEN IF ITS NOT ACCOMPLISHED

CRIME CLASIFICATIONS

FELONIES 'WOBBLER' MISDEMENAORS, INFRACTION

PARTIES TO A CRIME

PRINCIPALS, ACCESSORIES, ACCOMPLICES

P.C. 31

'PRICIPALS' -ANY PERSON INVOLVED IN THE COMISSION OF THE CRIME

P.C.32

'ACCESSORY'- ANY PERSON WHO AFTER A CRIME HAS BEEN COMMITTED, ASSISTS THE PRINCIPALS OF THE CRIME

P.C.1111

'ACCOMPLICE'- WHEN A PRINCIPAL TO A CRIME TESTIFIES FOR THE PROSECUTION AGAINST ANOTHER PRINCIPAL

AIDING AND ABETTING

ACTIVELY ASSISTS, PROMOTES, ENCOURAGES, STRENGTHENS OR INSTIGATES THE COMMISSION OF AN OFFENSE

P.C. 26

PERSONS LEGALLY INCAPABLE OF COMMITTING A CRIME- MENTAL, UNDER 14

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