Criminal Law And Code 02.02

Front 1

Define the differences between felonies, mjsdeameanors, and infractions.

Back 1

Felony is a crime punishable by death or imprisonment in a state institution. Over one yr of imprisonment.

Misdemeanors are crimes that are not felonies or traffic infractions. Less than one yr in county jail.

Traffic infractions are not misdemeanors.

Front 2

Identify the sources of the criminal law including the common law, statutory law, constitutional law, and appellate court decisions.

Back 2

1. Common law developed by judges in each case.

2. Constitutional law sets fundamental rights

3. Statutory law is legislative enactment.

4. Appellate court law is binding published decisions and interprets legislative laws.

Front 3

Define the relationship among constitutions, statutes, case law, and court rules.

Back 3

Any statute, court decision or court rule which violates constitutional law may be overturned through the court system, and thus prosecution based upon such law may be overturned. The United States constitution provides fundamental rights that cannot be denied. All laws must comply with the constitution.

Front 4

Define what a statute is, where it comes from, and how it may be relevant to LE.

Back 4

1. Statute is a written law passed by a legislative body.

2. Kansas law mainly based on statutory law.

3. Most crimes are found in chapter 21.

4. Statutes/laws must conform to the US constitution.

Front 5

Define what case law is, where it comes from, and how it may be relevant to LE.

Back 5

1. Case law is a collection of reported cases that form the body of jurisprudence or precedence for a given jurisdiction. These are "judge-made."

2. LEOs may gauge their conduct by the measurements set forth in a case law.

Front 6

Define what a court rule is.

Back 6

1. District and municipal courts adopt their own rules which vary with each court, check with DA/CA.

2. LEOs must be familiar with court rules, especially those in their own jurisdictions. Many cases that are lost or dismissed prior to trial fail because of some violation of the rules of procedure.

Front 7

Define what an ordinance is.

Back 7

City council's or equivalent bodies in the city or county can also adopt acts defining illegal acts, these are called ordinances.

Front 8

Define the difference between federal law and state law.

Back 8

Federal law: 1. Cases involving issues of federal law or,

2. The U.S. constitution

3. Cases between residents of different states when more than $75,000 is at issue

4. Cases between U.S. citizens and foreign officials/citizens.

State law: all matters involving state law.

Front 9

Define the scope and purpose of the US criminal code.

Back 9

1. The kansas ciminal code is intended to provide for the just determination of every criminal proceeding. Its provisions shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.

2. Deterrence- preventing harm to society- is the chief role of criminal code.

Scope in general these rules govern the proceedings in all criminal proceedings in the US district courts.

Front 10

Define the organization and components of the Kansas criminal code.

Back 10

Most crimes in kansas are codified and set forth in chapter 21 of the Kansas statutes annotated. Chapter 22 of the Kansas statutes annotated set forth procedural aspects. The purpose of these chapters is to set forth the crimes that can be charged under Kansas law and enumerate their various elements as well as setting the proper procedure to be followed by officers enforcing laws.

1. Plain meaning rule means what it says, language is clear on surface.

2. Strict constuction- if ambiguous it is interpreted in defendant's favor

3. Case law- "judge made" interpretations

4. Court rules- adopt own rules.

Front 11

Distinguish a voluntary act from an involuntary act.

Back 11

1. Direct act- direct, voluntary, affirmative act. Drinking and driving is not involuntary.

2. Involuntary- by reflex, while unconscious/asleep

3. Omission- failure to act when required. Not a crime unless described in a statute.

Front 12

Define and give an example of each of the culpable mental states defined in the Kansas criminal code.

Back 12

States (in part) that generally... A culpable mental state is an essential element of every crime... Culpable mental states include intentional, knowingly, and recklessly.

1. Intentional- person's objective is to engage in the conduct or cause the result.

2. Knowingly- person is aware that their conduct is reasonably certain to cause the result.

3. Recklessly- person disregards a substantial and unjustifiable risk that a certain with follow.

Front 13

Identify the significance of statute of limitations.

Back 13

Established the "defense" of the "statute of limitation." statute gives limited to commence its prosecution. If the state fails (with some exceptions) to commence its case of time, prosecution of the defendant is "barred" forever.

Front 14

Define accomplice/party and explain accompliance/party liability.

Back 14

Criminally responsible if:

1. Advises/hires another to commit a crime

2. Counsels/procure another to commit crime

3. Liar for same offense as actual perpetrator

Front 15

Define criminal attempt.

Back 15

1. Must intend to commit the underlying crime

2. Overt act- must take a substantial step toward commision of a crime, step beyond mere preperation

3. Failed/prevented from completing underlying crime- impossibility is not a defense.

Front 16

Define conspiracy

Back 16

1. Intentional state of mind

2. Two or more must agree to commit crime

3. Agreement can be verbal or by actions

4. Am overt act towards completion of the crime is required.

5. Can charge conspiracy and underlying crime as they are separate crimes.

Front 17

Identify the elements of jurisdiction defenses.

Back 17

Jurisdiction- who has the power to hear the case.

- If criminal offenses are brought in the wrong jurisdiction, it creates a defense, and, thereby a potential for dismissal of the charges.

Front 18

Define the meaning and significance of venue, and be able to identify where venue lies in a case.

Back 18

Venue- the geographical place where the court may hear the case.

- The particular county or geographical area where a court may hear and determine a case is called venue. Venue differs from jurisdiction in that it only related to the geographic place rather than who has power to hear a case.