Concepts Of Criminal Law Flashcards
What is Law ?
Rules of human conduct which are recognized by a governing power
Crime
An act that is officially condemned if found to be true, carries with it a punishment.
Criminal Law
A body of rules and statutes concerned with the prosecution and punishments of those who commit crimes. Criminal law, seeks punishment on behalf of the community.
Purpose of Criminal Law
To provide social order. Need criminal laws to prevent Anarchy. We need restraints on criminal law to prevent oppression.
Substantive Laws
Laws that define crimes and describe the punishment for crimes.
Procedural laws
Rules outlining how crimes are investigated and prosecuted.
Mala in Se
Crimes that are wrong by their very nature.
Mala Prohibita
Crimes that are very wrong, because of the law. Ex: traffic crime’s
Sources of Criminal Law
Constitutions, (US Constitution, Federal, State Constitution)
Statutes- US statutes Federal
Courts- US Courts
Misc: local government, city hall
US Constitution
Defines the Limited Authority of the United States government.
Can only pass laws that are “necessary”.
California Constitution
“Mirrors” much of the US Constitution and Bill of Rights.
Contains “Victims Bill of Rights”.
Statutes
US statutes : Passed by US Congress and enforced by Federal law enforcement. ( FBI, DEA, US Attorney general).
US Supreme Court
Has 9 justices < Robert’s, Sotomayor, Gorsuch, Kavanaugh, Alito, Thomas, Coney-Barrett, Kagan, Brown- Jackson.
US Courts Appeal
13 Circuits
CA Supreme Court
7 Justices : Patricia Guerrero Chief Justice
Associates Justices: Carol Corrigan, Goodwin Liu, Leondra Kruger, Joshua Groban, Martin Jenkins, Kelli Evans
Other sources of Criminal Law
Local ordinances
Agency Regulations
Rules of Court
CALCRIM- CA Criminal Jury Instructions
Attorney General
Preemption
Is a legal doctrine that allows a higher level of government to limit or even eliminate the power of a lower level government. Ex : Federal law preempts State Law
Civil Law
Laws for resolving private disputes; protects individual interests rather than the public interest. Civil law is largely based on common law. Civil law cases result in remedies.
3 categories of crimes
Felonies, Misdemeanors, Infractions
Felony
A crime punishable by death and present in the state prison or prison in the county jail. Includes death penalty, stay prison, county, jail, probation.
Misdemeanor
A crime punishable by prison in the county jail, maximum of six months, unless stated otherwise. Generally cannot exceed 1yr in jail.
Probation
Agreement between the courts and the defendant to avoid maximum jail terms.
Felony “Wobbler”
A criminal offense that can be charged as either felony or misdemeanor, depending on the specific circumstances of a case and the prosecutors discretion.
Can be reduced to a misdemeanor.
Felony “Wobbler”
A criminal offense that can be charged as either felony or misdemeanor, depending on the specific circumstances of a case and the prosecutors discretion.
Can be reduced to a misdemeanor.
Wobblette
A criminal offense that can be charged as either a misdemeanor or an infraction.
Common Law
Judge made laws derived from tradition or customs and passed down over time through decisions and opinions.
Statutory Law
Law enacted by Legislation and signed into law by an executive. In the US, statutory law is made by Congress at the Federal level and by state legislatures at the state level.
