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49 Cards in this Set
- Front
- Back
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Social Contracts
defined |
-an agreement in which individuals give up some personal freedoms for the benefits of a lawful society
-members of the society share in the benefits |
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English Common Law
defined |
-the body of laws that were originated and developed in England
-based on a collection of unwritten practices and customs -that eventually became the basis for decisions made by early courts -of which our country's legal system is based today -certain customary rules, or "common laws" based on fairness, were used by courts when making decisions -such legal decisions became binding on the decisions of future courts, establishing the precedent for future decisions |
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Legislative Branch of Government
responsibilities |
-defines what acts or omissions to act are criminal
-establishes punishments for crimes -enacts laws, separated into codes by subject matter, and known as statutes |
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Executive Branch of Government
responsibilities |
-responsible for enforcing the law
-investigates alleged violation of law -gathers evidence, and -brings violators before the judicial branch |
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Judicial Branch of Government
responsibilities |
-responsible for the administration of justice, and
-resolves conflicts -accomplishes these through a system of courts |
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Constitution
defined |
-a body of law that provided for:
-the organization and powers of government -the principles that regulate the relationship of government with its citizens -limitations on the power of government, and -minimum protection for individuals -citizenship is not required for constitutional protection |
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Constitutional Law
defined |
-the rules and protections found in the state and U.S. Constitutions
-including any and all amendments to those constitutions, and -many of the rules governing criminal procedure, due process, search and seizure, self-incrimination and, -equal protection are found in constitutional law |
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First Amendment
U.S. Constitution |
-freedom of religion
-freedom of speech -freedom of the press -right to peaceably assemble -right to petition the government for grievances |
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Fourth Amendment
U.S. Constitution |
-protection against unreasonable governmental searches and seizure
-warrants may issue only based upon probable cause -warrant must particularly describe the place or person to be searched and/or seized |
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Fifth Amendment
U.S. Constitution |
-required grand jury indictment for capital or infamous crime
-person may not be twice put in jeopardy for same offense -cannot compel person to be witness against self -may not deprive person of life, liberty or property without due process -government may not take property without just compensation |
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Sixth Amendment
U.S. Constitution |
-accused entitled to a speedy and public trial
-by an impartial jury or judge of the state and in the judicial district where crime committed -to be informed of nature and cause (basis) of accusation -to confront and cross examine witnesses against him/her -have a compulsory process for obtaining witnesses -effective assistance of counsel |
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Eight Amendment
U.S. Constitution |
-prohibits excessive bails and fines
-prohibits cruel and unusual punishment |
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Tenth Amendment
U.S. Constitution |
-powers not delegated to the U.S.
-by the U.S. Constitution -nor prohibited by the U.S. Cons. to the states -are reserved to the states and the people of each state |
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Fourteenth Amendment
U.S. Constitution |
-all persons born or naturalized in the U.S. are citizens of state of residence
-state shall not make or enforce any law abridging privileges of U.S. citizens -all persons entitled to the equal protection and due process of law |
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Statutory Law
Defined |
-written law enacted by the legislative bodies of the U.S., states, counties and cities
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Municipal Codes
defined |
-body of ordinances and administrative rules and regulations enacted by a city
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Ordinances
defined |
-local laws enacted by a city or county
-may not conflict with state statutes or Constitution, or U.S. Constitution |
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Judicial Review
defined |
-the constitutional power of the judiciary
-to review the laws enacted by the legislature -and to review the exercise of Constitutionally granted powers by the Legislative and Executive branches of government -to determine whether or not the laws or exercise of power conforms to the requirements of the Constitution |
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Stare Decisis
defined |
-literally "let the prior decision stand"
-a doctrine of law by which courts abide by prior court decisions (precedent) |
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Case Law
defined |
-a body of law consisting of reported court decisions
-usually based on precedent -interprets and/or clarifies constitutional powers and rights and the enforcement or application of statutory law |
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Letter of the Law
defined |
-the law strictly applied in accordance with the literal meaning of a statue
-leaving no room for interpretation -prohibited by PC 4 |
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Spirit of the Law
defined |
-the law applied in accordance with the intent of the legislature or the people as expressed in a statute or Constitutional Amendment, and
-not in literal compliance with the words of the statute but, -according to the fair import of the terms of a statute or Amendment -with a view to effect its objects and promote justice (PC 4) |
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Tort or Civil Wrong
defined |
-a private or civil wrong or injury, other than breach of contract
-for which the plaintiff may receive damages or an injunctive remedy (restraining order or preliminary injunction) |
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Substantive Law
defined |
-written laws (codes, statutes, ordinances, regulations)
-regulating conduct and -defining relationships between individuals and between individuals and the state -defines what may or may not be done -prescribes punishment for violators |
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Procedural Law
defined |
-defines procedures for administering substantive law
-creates procedures for protecting rights of citizens -creates standardized definitions of terms -no defined sanctions for violating procedures |
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Crime
defined PC 15 |
-an act committed or omitted
-in violation of law forbidding or commanding it, and -for which punishment is imposed upon conviction |
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Persons Liable for Punishment
PC 27 |
-commits all or part of any crime within this state
-commits an offense outside the state, which, if committed in this state, would be larceny, carjacking, robbery, or embezzlement under laws of this state -and brings or is found with stolen or embezzled property in this state, or -outside this state -causes, aids, advises, or encourages -another person to commit a crime in this state and are afterwards found in this state, or -commits perjury outside of California in violation of PC 118 |
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Corpus Delecti
(Crime Elements) defined |
-the "body of the crime;" also referred to as the elements of the crime
-facts establishing a "prima facie" case which must be proved by the prosecution to sustain a conviction |
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Attempt
defined PC 21a |
-a specific intent to commit the crime, plus
-a direct but ineffectual act done towards its commission -punishment determined per PC 664 based upon what crime attempted |
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Intent
defined |
-a state of mind inferred direct or circumstantial evidence
-the presence of a designated state of mind distinguishes a crime from an accident or mistake of fact |
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Specific Intent
defined |
-denotes a design, resolve, or determination
-to commit an act the law prohibits or omit an act imposed by a legal duty, and -must be proven beyond a reasonable doubt with the other elements of the crime |
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Transferred Intent
defined |
-when the intended unlawful act causes harm to person or property
-other than the person or property the unlawful act was intended to injure |
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General Intent
defined |
-requires that the accused merely intended to do the act even if he or she had no intention or knowledge of violating the law
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Criminal Negligence
defined |
-failure to use the degree of care
-which a reasonable and prudent person -would exercise under the same circumstances, or -failure to perform a legal duty imposed by law |
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Felony
defined |
-crimes punishable by death or imprisonment in a state prison
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Misdemeanor
defined |
-an offense punishable by a fine or imprisonment up to six months in a county jail or
-up to one year as states by statue |
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Infraction
defined |
-a public offense which is punishable by a fine only
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Wobbler
defined |
-a crime that may be punished by imprisonment in either:
-county jail, or -state prison -but are considered a felony for arrest purposes |
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Principal
defined PC 31 |
-all persons concerned in the commission of a crime
-whether a felony or misdemeanor -whether they directly committed the act constituting the offense, or -not being present -aids, abets, counsels, encourages, or threatens, menaces, commands, or coerces another, including -children under age 14, persons who are mentally incapacitated, or -by fraud, contrivance, or force, causes drunkenness in another to commit a crime |
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Accessory
defined PC 32 |
-a person who, after a felony has been committed
-harbors, conceals or aids a principal in that felony -with the intent of helping the principal -to escape or avoid arrest, trial or conviction -having knowledge that the principal committed a felony or -has been charged with a felony or -has been convicted of a felony |
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Accomplice
defined PC 1111 |
-person liable for the identical offense charged against the defendant on trial
-who testifies against that defendant |
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Feigned Accomplice
defined |
-one who pretends to consult and act with others
-in the planning or commission of a crime, -but only for the purpose of discovering their plans and confederates -and securing evidence against them |
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Persons Legally Incapable of Committing a Crime
PC 26 |
-children under age 14, in absence of clear proof, that at time of act they knew its wrongfulness
-persons who are mentally incapacitated -persons who act under an ignorance or mistake of fact -persons who commit an illegal act without being conscious of their actions; -persons who commit an illegal act by accident without evil design or intention, or culpable negligence -persons (unless the crime is punishable with death) who commit illegal acts under threats or menaces that lead them to believe their lives would be endangered if they refused to commit the act |
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Insanity Defense
defined |
-person is legally presumed to be sane
-defendant must prove insanity by "preponderance of evidence" -insanity is the lack of capacity to understand -the nature and quality of the act, or -to distinguish right from wrong at time of act |
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Statute of Limitations
defined |
-establishes a specific period of time
-in which a suspect must be charged-time limit commences upon date of commission of an offense -certain theft-related crimes commence the time limit -from the date of discovery of the crime |
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Immunity Against Self-Incrimination
defined |
-a person may not be compelled to testify against himself
-person may be granted limited immunity from prosecution for past crimes -in exchange for truthful information or testimony |
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Diplomatic Immunity
defined |
-U.S. Department of State designated diplomatic staff members
-of a foreign mission in the U.S. -are given limited immunity from prosecution for all crimes -this immunity exists to protect -corresponding U.S. diplomatic staff in foreign countries -from arbitrary arrest or harassment |
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Justifiable Use Of Force
(deadly vs. non-deadly force in self-defense) defined |
-use of force in self-protection is a valid defense, if
-the force used is reasonable compared to the degree of harm threatened -deadly force may be used to protect self or other person -from real and immediate threat of use of deadly force by another, or -to prevent a commission of a dangerous felony -non-deadly force is used in all other cases and -only as strong as reasonably required to prevent the use of criminal force -force must be in proportion to threat -threat must be imminent -"bare fear" alone not sufficient for deadly force response |
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Entrapment
defined |
-a peace officer
-inducing a person to commit a crime -which he/she was not predisposed to commit and did not contemplate -for the purpose of prosecuting him/her -a defense in which the defendant claims that a peace officer induced him/her to commit the crime |
