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43 terms

LD-5

Learning Domain 5: Into to Criminal Law
STUDY
PLAY
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.