AJ 002 - Criminal Law Concepts
Course Overview
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Information: Course OverviewRead material below prior to beginning the course.
COURSE INFORMATION: This course is presented completely online. All written assignments, emails, quizzes, and tests are submitted electronically using Canvas tools. It is important, therefore, that you learn to use these tools quickly so you don't fall behind. Now check out the Course Syllabus (left side of your screen) . Open the Syllabus and read it carefully. You will be quizzed on its content later. Each time you log into class it will open to a Home page I have selected for that week. The module page is where you will find a new weekly assignments. The Modules tool is where you will find assigned readings, writing assignments, quizzes, and discussion assignments. Modules are divided into weekly assignments and information. Most quizzes and tests will be graded automatically. The exception is essay type responses. You will find your scores in the Grade Book Tool. OK, enough for now. Spend a few minutes just looking around and getting familiar with the course tools. When you are done and want to get started, go to Modules and and begin work in Week 1. Remember, don't get discouraged. Within a few weeks you will settle in and everything will fall into place. Glad to have you in class.
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Chapter 1 |
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Key Concepts
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Lecture: Chapter 1 Key PointsThe chapter quiz will cover the following points.
CHAPTER 1 KEY POINTS 1. Five possible penalties for crime in California are: (a) death, (b) imprisonment, (c) fine, (d) removal from office, (e) disqualification to hold office. 2. Crime is a “public” wrong punishable by the state. Tort is a “private” or civil wrong punishable by awarding damages to the injured party. 3. Crimes mala in se are considered wrong by their very nature, e.g., murder. Crimes mala prohibita are wrong because of a statute against it, e.g., nude sun bathing in public. 4. Crimen falsi relates to crimes involving falsification such as perjury, forgery, etc. 5. Sources of our criminal law are: (a) English common law, (b) Federal and state Constitution, (c) Federal and state Legislature, and (d) appellate courts. 6. (a) Common law is based on folk law or custom and court decisions. (b) Common law was eventually written, codified, and adopted by legislatures as statutory law. 7. “Police power” of the state relates to its authority to regulate in the areas of health, safety, sanitation, traffic and general welfare. 8. Ex post facto, which means literally “after the fact,” is a constitutional concept which prohibits passing laws making an act a crime, or increasing penalties, etc., after the act has been committed. 9. Substantive law relates to the definition of crime and punishment. Adjective or procedural law refers to the rules for administering the substantive law. 10. Statute of limitation for (a) misdemeanors: one year after commission,; (b) burglary: three years after commission; (c) murder: no limitation. 11. The Attorney General represents government agencies (or individuals as their head). His opinions are quasi-judicial in nature, having less weight than a court decision. They are customarily followed in the absence of a court decision interpreting the law. 12. During the Westminster period (1285-1500), court procedures became more formal, custom became recognized as “law” and precedence became a factor in court decisions. 13. English common law concepts were adopted in America by early settlers who drew up agreements called “compacts,” in which they agreed to govern themselves by English common law. 14. The U.S. Congress and the state Legislature are the two most prolific sources of criminal law today. Appellate courts are third. 15. Venue has to do with the physical location where a case is to be filed or heard. Jurisdiction has to do with the court’s legal authority over the matter and the accused. Scope and Source of
Criminal Law Chapter 1 Power Point Presentation 1 California Criminal Law Concepts INTRODUCTION The basic purpose of criminal law is to establish limits on certain human behavior or activity considered harmful to society DEFINITION OF CRIME Crime is social conduct considered harmful to individuals and to our institutions and therefore made punishable by law 2 1.1 ORIGIN AND DEVELOPMENT OF CRIMINAL LAW • Early criminal law was based on custom which was beneficial to the group • Even early cavemen developed basic rules to live by • Survival was based on following rules • Taboos taught to children = punishment (i.e. social restriction) • As society developed, rules developed into written law 3 1.2 CODE OF HAMMURABI • First major code of written law • Developed almost 3,800 years ago • We can trace many of our legal concepts & procedures back to this code, such as: Judges Juries Written contracts “Swearing in” of witnesses Perjury as a crime 4 1.2 OTHER INFLUENCES AND DEVELOPMENTS • The Norman (French Period) In 1066, William I of England conquered the British Isles at the Battle of Hastings English courts became more centralized (Royal Court) • The Westminster Period (1285-1500) Custom leads to “stare decisis” or precedent • The Common Law Law developed by judges through decisions of courts rather than through legislative statutes Unwritten law based on custom, gains strength over time 5 1.2 THE ADOPTION OF COMMON LAW IN AMERICA • First settlers from England formed agreements among themselves called “compacts” which contained much of the common law of England and was adopted for their governance • Following the Declaration of Independence, many states incorporated into written law most of the basic principles of the old common law 6 1.2 CRIME IN CALIFORNIA For an act or omission to constitute a crime in California, it must : Be in violation of a written statute The statute must provide a penalty for its violation 7 1.2 SOURCES OF CRIMINAL LAW • United States and State Constitutions • Statutes (laws) passed by Congress, state legislatures and local governments • Prevailing decisions (case law) of the appellate courts in criminal cases 8 1.3 FEDERAL / STATE CONSTITUTIONS • U.S. Constitution is the supreme law of the land (Article VI) • We recognize both federal and state constitutions as the “law of the land” • These constitutions: Define and limit the powers of the government Provide for the establishment and maintenance of our court system 9 1.3 BILL OF RIGHTS • Consists of 10 amendments to the United States Constitution • Adopted in 1789, ratified in 1791 • Greatest impact to criminal law: Fourth Amendment (searches, seizures, warrants) Fifth Amendment (self-incrimination) 10 1.3 THE CALIFORNIA CONSTITUTION • Establishes the duties, powers, structure and function of the government of the state of California • The California Constitution is one of the longest in the world • Begins with a Declaration of Rights, similar to the U.S. Constitution’s “Bill of Rights”: Right against unreasonable search and seizure (Article 1, Section 13) Right against self-incrimination (Article 1, Section 15) 11 1.3 PURPOSE AND NATURE OF CRIMINAL LAW The purpose of criminal law is to define socially intolerable conduct and to hold conduct within limits which are reasonably acceptable from the social point of view. Sire v. United States, 241 Fed. Rptr. 2d 640 12 1.4 DEFINITION OF CRIME ( CALIFORNIA / PC 15) • Public offense • Committed or omitted • In violation of law commanding / forbidding it • When annexed upon conviction • Results in punishment of: Death, imprisonment, fine, removal from office, or disqualification from office 13 1.4 STARE DECISIS • Pronounced: “star-ray dee-sigh-sis” • Meaning: Adhering to precedent “let the decision stand” • Principal that binds courts to stand by prior decisions and to not disturb settled points of law • This provides for consistency in law 14 1.5 CLASSIFICATION OF LAW • Substantive Law Law defining crimes; it is the activity that is prohibited or required (theft, assault, etc.) Laws that courts must enforce • Adjective (or Procedural) Law Rules for administering the law Example: Rules for police when submitting evidence to a court 15 1.6 CRIMINAL LAW v. CIVIL LAW • Criminal Law An offense against society or the public • People v. Smith (State represents the “people”) Penalty can include death, prison, fine, etc. Victim is the state (people) represented by the D.A. • Civil Law Legal rules regarding contracts, agreements Violations of civil law are called “torts” Remedy is handled by fine (i.e., compensatory, punitive) Victim is the injured party • Differences include: degree of proof required, jury votes required for verdict, rules of evidence, etc. 16 1.6 STATUTE OF LIMITATION Places a limit on the amount of time which may legally pass between the time the crime was committed (or discovered) and prosecution is started. 17 1.7 • Commencement of prosecution: Grand Jury indictment, information filed, warrant issued • General felony rule Usually three-years from commission of crime (PC 801) • General misdemeanor rule Usually one-year from commission of crime (PC 802[b]) • When there is NO statute of limitation Usually offenses punishable by death or life in prison (PC 799) • Difference between “commission” and “discovery” Certain crimes are commenced after discovery which could be years later (See PC 803 et seq.) 18 1.7 CASE CITATIONS AND APPEALS A case citation published in the California Appellate Reports would be written as: People v. Weaver , 44 Cal. App. 4 th 154 This refers to: the People of California v. an individual by the name of Weaver found in the 44 th volume of the California Appellate Reports, fourth series, page 154 19 1.8 A case citation of the California Supreme Court published in the California Reports (abbreviated “Cal.” or simply the letter “C,” would be written as: People v. Lucas , 12 Cal. 4 th 415 This refers to: T he People of California v. an individual by the name of Lucas found in the 12 th volume of the California Reports, fourth series, page 415 Appeal Process: When a case is “taken up on appeal”, the appeal is usually heard first by the California District Court of Appeal (six) (Los Angeles is in the 2 nd district). 20 1.8 ATTORNEY GENERAL OPINIONS • Attorney General is designated as chief law officer of the state (California Constitution, Section 13) • Formal opinion is rendered when question presented is of general statewide interest • Informal opinion is given on issues primarily of local interest • Opinions do not have same authority as a judicial opinion • Regarded as “quasi-judicial” in nature and entitled to great respect 21 1.9 POLICE POWER OF THE STATE • “Police Power” is not stated in the U.S. Constitution • States’ rights are reserved in the Bill of Rights under the Tenth Amendment • CA legislature has the right to prohibit and punish any act provided they do not violate the restrictions of the Federal and State Constitutions. • The Courts interpret laws passed by legislative bodies 22 1.10 AREAS OF AREAS OF POLICE POWER POLICE POWER Under this power, the state can legislate in the following five fields: Public health Public safety Morals General welfare Economic prosperity 23 1.10 THE CONCEPT OF PREEMPTION Preemption is controlled by Article XI, Section 7, of the California Constitution A municipality may not legislate in regard to matters occupied by the state law if any one of the following applies: The subject matter is one of state concern and the general law occupies the entire field The local legislation is in conflict with a state law The subject matter is of such statewide concern that it can no longer be deemed to be merely a municipal affair 24 1.11 EX POST FACTO LAWS • An ex post facto law is one passed after the commission of an act and which changes the legal consequences of the act to the wrongdoer’s prejudice • Prohibited by U.S. Constitution, Article 1, Sections 9 and 10 and The California Constitution, Article 1, Section 16 25 1.12 An ex post facto law is one which: makes a crime more serious inflicts a greater punishment changes the rules of evidence 26 1.12 CRIMES vs. TORTS • A crime is an offense against the state (all the people) and carries a punishment with it • A tort is a “private wrong,” such as failure to comply with the terms of a legal contract, slip and fall, etc. The civil action for a tort is designed to obtain redress (payment or reimbursement) to the injured party. 27 1.13 Intent is another distinction between a crime and a tort To render one criminally liable for an act, a person must have a criminal intent as provided by PC 20 In a civil action the plaintiff is the person who brings the law suit In a criminal case the district attorney (who represents the people of CA) is the plaintiff 28 1.13 DEFINITION OF TERMS • Mala in Se Crimes that are wrong or evil in themselves by their very nature • Mala Prohibita Wrong because the crime is prohibited by statute • Moral Turpitude Relates to that deemed “shamefully immoral” and suggests a lack of honesty, modesty, integrity, and good morals • Crimen Falsi Any class of crime that involves falsification • Infamous Crimes Term is associated with an act of vileness or moral depravity, such as sodomy, buggery, or bestiality 29 1.14 VENUE AND JURISDICTION • Venue has to do with the physical or geographical location of the court in which a case is to be filed or tried • Jurisdiction has to do with the court’s legal authority over the defendant (jurisdiction of the person) and the crime (jurisdiction of the subject matter) s/he is accused of committing |