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Law 4

The Law

Common law/ known as the rules of the common man what had been done previously becomes the basis for how the same decision is to be made today.
Case law or precedent the decision of a judge in the original case becomes the standard by which all later identical cases will be decided.
Statute law how our laws are made through Congress
Act of omission the individual failed to do something that he was required by law to do
Act of commission individual has carried out a physical act which is a violation of the law.
Utah Code Annotated (UCA) law for the state of Utah.
What does a violation of 76-6-301 mean? You will find the statute in Title 76, Chapter 6, Section 301
Jurisdiction right of a government entity(city, county, or state) within the state to hear a case or conduct court proceedings
Statute of limitation placed on how long the prosecution has to begin judicial proceedings after a crime has been committed.
Limitations for a) capital offense, taking money from the government, falsifying public records prosecution can start any time
limitations for a) felony b) misdemeanor c) infraction a) start within 4 years b) within 2 years c) within 1 year
Prosecution begins when an information is filed, not when a trial or appeal begins.
What is an information? a legal document which is filed with the court specifying what law a defendant has violated and what proof exists.
Culpability criminal responsibility
The 4 levels of culpability are intentional, knowing, reckless, and neglient
mens rea and actus reus guilty mind and guilty act
Three classifications are felony, misdemeanor, infraction
Capital felony death sentence or life imprisonment. Aggravated murder
First degree felony 5 years to life imprisonment and/or $10,000 fine. Murder, aggravated burglary, aggravated robbery, aggravated kidnapping, and rape
Second degree felony 1 - 15 years imprisonment and/or $10,000 fine. Manslaughter, kidnapping, burglary of a residence, sexual abuse, robbery, stealing items over $5,000
Third degree felony 0 - 5 years imprisonment and/or $5000 fine. Stealing items over $1,000 - $5,000, arson to defraud an insurer, aggravated assault.
Misdemeanor an offense that can get up to 1 year jail sentence
Class A misdemeanor up to 1 year in jail and/or $2,500 fine. Vehicle burglary, stealing items between $300 - $1,000, assault on a peace officer
Class B misdemeanor up to 6 months in jail and/or $1000 fine. Assault, trespassing a dwelling, stealing items less than $300
Class C misdemeanor up to 3 months in jail and/or up to $750 fine. Disorderly conduct, criminal trespass, most traffic violation.
Infraction no jail sentence, fine up to $750.
What is an inchoate offense offense which was not completed or finished.
The 2 types of inchoate offenses in Utah 1) attempt 2) conspiracy
Attempted crime offender began the crime but did not complete it.
Conspiracy an agreement with one or more other persons to commit a crime.
Crimes against persons assault, homicide, kidnapping, sexual offense
Crime against property criminal mischief, burglary, criminal trespass, robbery, theft, fraud
Police must prove the time period involved of the kidnapped, otherwise the charge could be Unlawful Detention.
Offenses against the family martial violation, non-support and sale of children, and abortion
Crimes against government and public order corrupt practices, abuse of office, obstructing governmental operation, offenses against public property, falsification in official matters, syndicalism, sabotage, habitual criminals
Official custody means arrest with or without a warrant, confinement in a state prison, jail, etc.
Crime against public order and decency breaches of the peace, telephone abuse, cruelty to animals, offenses against privacy, libel and slander, offenses against the flag
Offenses against public health safety, welfare, and morals deals with cigarettes, tobacco, psychotoxic, chemical solvents, waters, explosives, fences, weapons, muisances, gambling, pornographic.
Crime of violence attempt to commit murder, manslaughter, rape, mayhem, kidnapping, robbery, burglary, housebreaking, blackmail
Utah Code Annotated 1953 dictates state law, there are laws encated at all level of government
Expungement sealing or destruction of a crminal record, including records of the invesigation, arrest, detention, or conviction of the petitioner
For a person to petition the court for expungement he must be 18 or older. give court receipt of eligbility and payment of $25 for each record destroy. any victims of the petitioner must be notified.
A court may not expunge a conviction for capital felony, 1st degree felony, 2nd degree felony, sexual act against a minor
Expungement may not be considered until the following period of time has elapsed felony - 7 years; alcohol traffice offense - 6; class A misdemeanor - 5; any other misdemeanor or infraction - 3 years multiple class B or class C misdemeanor - 15
The time period does not begin until all confinement and probation has been completed.
Created by: Tiffastic