4-5-6 Flashcards
“Idiots”
Amended and removed from PC in 2008, now “mentally Incapacitated”
Clear Proof
Proof by clear an convincing evidence, a lower standard than proof beyond a reasonable doubt, but a higher standard than proof by a preponderance of evidence
Insanity
1026(a)PC-1027PC
No partial insanity in CA, if established, insanity is a complete defense to the crime charged
M’Naghten Test (“Right-Wrong”Test)
1.At the time that the act was committed
2.the defendant was suffering from a defect of reason, from a disease of the mind, which caused
3.the defendant to not know
(A)the nature and quality of the act taken or,
(B)the act was wrong
“Principal”
Commits crime, either felony or misdemeanor
261.5 PC
Unlawful Intercourse
Co-Principal
Everyone involved in the crime, (ie: get-away driver, lookout guy ect)
Key elements of principal
1) aids and abets in the commission of a crime
2) advises and encourages its commission(even if not present)
3) fraudulently gets another person drunk for the purpose of causing that person to commit a crime
4) compels another to commit a crime by threats, menaces, or coercion
Accessory:
1)knowledge of the crime AFTER crime has been committed, helps suspect (ex: mother hiding son from police after he killed someone)
664 PC
Attempted crime, any crime, for example; 187 PC/664 PC =attempted murder. Attempted crimes are usually 1/2 sentence with exception to murder
Accomplice:
Principal that has become a witness for the state (plea deal–>flips on others)
Feigned Accomplice:
Someone who is setting up a crime (drug deal for example)…would be informant or wearing a wire
Inchoate offense:
An offense not yet completed
Types of inchoate offenses:
- attempts
- conspiracy
- solicitation
Attempts:
1) Specific intent crime, can be one or more persons
2)OVERT ACT required beyond mere preparation
EX: buying something…someone going to kidnap and buys a rope
Conspiracy
(182 PC) 2 or more people plan to commit a crime
Solicitation to commit a crime-
(653f PC) to ask a person to “commit or join” consummates the crime of solicitation. No overt act is necessary. Proved by 2 witnesses or one witness and corroborating circumstances
Section 17
Can reduce felony to a misdemeanor
Obstructing Justice Statutes:
Perjury
Subornation of perjury
Bribery
Falsification of evidence
Perjury:
118 PC- knowingly making false statements, under oath, to a fact which is material
PENALTY: felony- but jail not prison, for 2,3 or 4 years
Conspiracy
182 PC
Obstruction of Justice
148 PC- resisting public officers (misdemeanor unless they take an officers weapon) then it becomes a felony wobbler
