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Administration of Justice 2-Penal Code
Terms in this set (88)
False crime report
Willful disobedience of a gang injunction
Assault on judge
Assault to rape
Permitting chronic truancy
Cruelty to a child
Crimes against children
Sex crime registration
Shooting from highway
Arson of dwelling
Theft lost property
Receiving stolen property
False pretense fraud
Unlawful sign posting
Cruelty to animals
Unlawful forcible entry
Intercepted hostage and barricade communications
Molesting child (under 18)
Social conduct considered harmful to individuals and to our institutions. Public offense against the State.
Doctrines that are not set down in any written statute or ordinance, but rather depend upon long-time usage for their authority.
Crime in California
Must be in violation of a written statute which must provide a penalty for its violation. Include felonies, misdemeanors and infractions.
Sources of criminal law
United States and State Constitutions.
Statutes passed by Congress, state legislatures and local governments.
Prevailing decisions (case law) of the appellate courts in criminal cases.
Punishment for a Crime in California
Removal from office
Disqualification from holding any office of honor, trust or profit in this state
Activity or behavior that is prohibited or required; that part of the law which the courts are established to enforce.
Adjective or Procedural Law
The rules by which substantive law is administered; concerned with carrying out court orders, redress for injuries, and classification of crimes, and punishment.
Defining those specific acts and omissions which constitute a crime in our society. Most common crimes are described in the California Penal Code, but also VC, EC, W&I, H&S, F&G, H&N, B&P codes.
Describing or establishing rules for various legal relationships, contracts and other agreements. Most civil law is found in published court cases. Torts are violations of civil law.
Statute of Limitations
Place a limit on the amount of time which may legally pass between the time the crime was either committed or discovered and prosecution is started/
Commencement of Prosecution
A grand jury indictment is returned
An information is filed in superior court
A complaint charging a public offense is filed in court
A case is certified for trial to the superior court following a preliminary hearing
An arrest warrant or bench warrant is issued naming or adequately describing the defendant.
Misdemeanors-statute of limitations
One-year limitation:: after its commission or discovery of secret recordings
Two-year limitation: violation of B&P sexual exploitation of a patient.
Three-year limitation: misdemeanor child molestation upon a minor under the age of 14.
Computation of Time if defendant is out of State
No time to a maximum of three years is counted as part of the statute of limitation.
No statute of limitations
On an offense punishable by imprisonment in the state prison or in county jail for eight years or more, death or the embezzlement of public money.
Felonies- statute of limitations
In general within three years of commission of the offense except: felony thefts and frauds by public officials-four year limit and failure to register as a sex offender: 10 year limit.
Three-year limit following discovery: conflicts of interest, deceptive government agency ID; False documentary evidence, Felony Medi-Cal fraud; Grand theft; Insurance fraud; stock sale fraud. Hit and run: three years after offense or one year after discovery of the driver's identity.
Six years limit following commission: for any offense punishable by imprisonment in the state prison or in county jail for eight years or more.
Felonies including kidnap and may forcible sex crimes have a ten year statute of limitations from date of commission or one year for the date the suspect's identity is conclusively established by DNA testing.
Ten year limit following commission for production of child pornography.
Sex crimes against children: three to six years if reported before that period has expired or within one year of the victim who was under 18 years old reports the crime or under 21 if victim reports having been victimized before 18.
Substantial sexual conduct with a minor may be prosecuted within one year of any age .with independent corroborative evidence.
For specified felony sex offenses against victim under age 18, prosecution my be commenced any time prior to victim's 40th birthday. Crimes committed on or after 1/1/2015.
Case Citations and Appeals
Asking the appellate court to consider a question of fact or law with respect to the adjudication of case in the trial court.
First heard by Ca District Court of Appeals. Novel opinions are published in the Ca Appellate Reports
Further appeal is heard by the seven justices of the Ca Supreme Court. Reported in California Reports.
Attorney General Opinions
Ca State attorney General is the lawyer or chief law officer of the State. By law must give written report to State Senate of Assembly, Governor, Secretary of state, Controller, Treasurer, any district attorney in the state.
Is rendered when it is determined that the question is of general statewide interest.
Issues primarily of local interest.
Areas of Police Power
State law is superior to local ordinances and takes precedence over them when both are concerned with the same subject matter.
Ex Post Facto Law
A law that is passed after the commission of an act and which changes the legal consequences of an act to the wrongdoer's prejudice.
Repeal of Statutes
After the commission of a crime (but before trial and conviction), does not bar a prosecution for such an offense unless declared in the repealing act.
Difference between crimes and torts
Crime is a public wrong; may include a tort. Criminal law seeks to punish. To render one criminally liable for an act, a person must have a criminal intent.
Tort is a private wrong. The penalty for committing a tort is civil damages; designed to obtain redress for injury. A wrongful act not necessarily would require intent. (child)
No contest in a criminal court cannot be used against a defendant as an admission of wrong doing.
Crimes Mala in Se
Serious crimes which are wrong from their very nature.
Crimes mala prohibita
Crimes are wrong merely because they are prohibited by statute. (Traffic laws, alcoholic beverage control laws)
Shamefully immoral and suggest a lack of honesty, modesty, integrity, and good morals on the part of a criminal perpetrator.
Any class of crime that involves falsification.
Crimes inconsistent with the common principles of honesty and humanity. (sodomy, buggery of bestiality)
Physical or geographical location of the court in which a case is to be filed or tried.
Court's legal authority (over crime and person) to act in a specific case.
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