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INTRODUCTION to CRIMINAL LAW

INTRODUCTION to CRIMINAL LAW. Learning Domain 5. SOURCES OF LAW. The three origins of law found in today’s legal system are: __________________ Statutory Law (codes/ordinances ) Ex post facto laws Case Law (precedent). LETTER OF THE LAW v SPIRIT OF THE LAW. Letter of the Law

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INTRODUCTION to CRIMINAL LAW

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  1. INTRODUCTION to CRIMINAL LAW Learning Domain 5

  2. SOURCES OF LAW The three origins of law found in today’s legal system are: • __________________ • Statutory Law (codes/ordinances) • Ex post facto laws • Case Law (precedent)

  3. LETTER OF THE LAW v SPIRIT OF THE LAW • Letter of the Law • Law strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation • ___________________ • Applied in accordance with the intent of the legislature and the promotion of fairness and justice and not solely with the words of the statute

  4. CRIMINAL v CIVIL LAW • Criminal Law deals with violations of criminal statutes • _______ deals with non-criminal violations of law or private wrongs committed by one person against another person (Tort-civil wrong)

  5. CIVIL LAW • Civil law also encompasses the failure to comply with the terms of a contract, a ______________ • Purpose of civil law is redress, or to right a wrong • L/E in most cases _________________ to enforce civil law. Their only duty is to preserve the peace and maintain order.

  6. POLICING IN OUR COMMUNITIES • Fear of crime has a substantial impact on our communities • Serious crimes as well as minor crimes need to be addressed by L/E in order to reduce the fear of crime and increase the quality of life for all citizens.

  7. CRIME • Definition-a violation of a criminal statute, “an act committed or omitted in violation of a law forbidding or commanding it” and to which is annexed, upon _____________ _______________

  8. POSSIBLE PENALTIES • ____________ • Imprisonment • Fine • Removal from office or • Disqualification to hold and enjoy any office of honor, trust, or profit

  9. PERSONS LIABLE FOR PUNISHMENT-P.C.27 • All persons who commit, in whole or in part, any crime within California • All persons who commit any offense _______ of Calif. which, if committed inside Calif., would be larceny, carjacking, robbery, or embezzlement and bring or are found with any portion of stolen or embezzled property in Calif.

  10. PERSONS LIABLE FOR PUNISHMENT-P.C.27 cont • All persons outside of Calif. who cause, aid, advise, or encourage another person to commit a crime within Calif., and who are afterwards found in Calif. • All persons who commit ________ outside the state to the extent identified in Penal Code sec 118

  11. ELEMENTS OF THE CRIME • Penal Code sec 20 • In every crime or public offense, there must exist a union, or joint operation of act and intent or criminal negligence.

  12. CRIMINAL INTENT • __________________ MUST EXIST TO DISTINGUISH THE CRIME FROM AN ACCIDENT OR MISTAKE OF FACT. • ______ _______ REQUIRE CRIMINAL INTENT WHICH MEANS A MENTAL STATE OR FRAME OF MIND THAT THE PERSON KNOWINGLY DID THE PARTICULAR CRIMINAL ACT.

  13. CRIMINAL INTENT • ______________(the intent does not have to be proven). • The intent to perform the act that the law deems illegal • When a person performs an illegal act, general intent is presumed • ______________ • An element of a crime and cannot be presumed (intended commission)

  14. California PC 211 • Robbery defined: the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means, of force or fear. (1872) • _____________________

  15. CRIMINAL INTENT • _________________ • When an unlawful act affects a person other than, or in addition to, the person it was intended to affect, the intent becomes transferred intent

  16. CRIMINAL NEGLIGENCE • Criminal Negligence • Meets the requirements of criminal intent • The failure to exercise ordinary care • A negligent act that is aggravated or reckless and constitutes indifference to consequences

  17. CRIMINAL INTENT v CRIMINAL NEGLIGENCE • Criminal intent deals with the state of mind • Criminal Negligence deals with a person’s lack of due regard for _________ ____________

  18. CRIME CLASSIFICATIONS • Felony • ___________ • Misdemeanor • “Wobblet” • Infraction

  19. PARTIES TO A CRIME • Principal-P.C.31 • All persons involved in the commission of any crime, whether or not they directly commit the criminal act • Accessory-P.C. 32 • Person(s), who after a __________is committed, harbor, conceal, or aid principals with the intent to help them escape or avoid: • Arrest, trial, conviction or punishment

  20. PARTIES TO A CRIME • Accomplice – P.C. 1111 • A principal becomes an accomplice when a principal __________for the prosecution against another principal

  21. Persons Legally Incapable of Committing a Crime-P.C.26 • People who lack the mental capacity to form intent • Children under the age of _________, not knowing the wrongfulness of their act • Idiots (IQ 0-24), and ............................

  22. Persons Legally Incapable of Committing a Crime-cont. • Persons who committed the act or omission: • Under ignorance or mistake of fact • Without being conscious of the act • Through misfortune or accident, or • Under the threat of menace (___________ cases)

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