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AJ2 CH1

AJ2 Chpt 1 Source of Criminal Law

TermDefinition
One of the samples of early written law written in 1790 BC The Code of Hamurabi
For an act or omission to constitute a violation in California, what 2 elements must be met 1) It must be a written statute, and 2) it must provide a penalty for its violation
T/F Common Law statutes are defined in early law manuals. FALSE - Common Law consists of ordinances that are not set down in any written ordinance or statute.
Much of our criminal law comes from statutes which appear in various ______. Give an example 2. Codes, Vehicle Code and Welfare and Institutions Code
What is the purpose of Criminal Law To define socially intolerable conduct and to hold conduct to reasonably acceptable limits from a social point of view
Recite PC 15 An act committed or omitted in violation of a law forbidding or commanding it. And to which is annexed, upon conviction, either of the following punishments: Death, Imprisonment, Fine, Removal from Office, Disq.to hold or enjoy, etc.
Stare Decisis Adhering to precedent
T/F Courts will always follow the precedent when deciding a case False - Sometimes courts disagree with one another and sometimes a court will change its collective mind
Name the two categories of Criminal Law Substantive (laws defining crimes) or Adjective (aka procedural rules for administering justice)
T/F as long as the prosecution has commenced prior to the statute running out, the case CAN continue TRUE -
Name three of the five instances in which a prosecution is considered to be started prior to the statute of limitations expiring 1) Grand Jury indictment, 2) Complaint charging offense filed in court, 3)An Information (criminal charge) is filed in court, 4) A case is certified for trial following a preliminary hearing, 5) An arrest or bench warrant is issued for the defendant.
This type of law is concerned with carrying out court orders and rules for submitting evidence, and classification of the crime and punishment. Adjective Law
Prosecution for Misdemeanors must commence within how many years of the commission of the crime? 1 year
What is the Statute of Limitations for an offense punishable by death or life imprisonment or for embezzlement of public money There is no statute of limitations in these cases
If the type of law defines activity that is prohibited or required, would it be considered Substantive or Adjective? Substantive - Defines what behavior is criminal.
Prosecutions for felonies must commence within how many years after commission of the offense? Three years
What is the Statute of limitations for a felony hit and run with death or permanent injury? Three years after the offense OR one year after discovery of the drivers identity (whichever is later). Cannot exceed six years after the offense.
What is the statute of limitations for production of child pornography 10 years after the date of offense
This person is considered the lawyer of the state The California State Attorney General
What is Police Power The power of the state to prohibit or punish any act provided they do not violate restrictions of the Federal and State Constitutions
What is preemption Concept that State law supercedes local ordinances as does Federal law supercedes States laws
Ex post facto After the fact
What is the difference between a crime and a Tort A crime is an offense against the public and a Tort is a civil matter between individuals. Criminal law seeks to punish. Civil law seeks redress.
Mala in Se Crimes that have always been illegal due to the very nature. Ex. Rape or murder.
Mala Prohibita Crimes prohibited by statute
Moral Terpitude That which may be deemed shamefully immoral lacking honesty, integrity, modesty, and good morals.
Crimen Falsi Criminal falsification such as perjury, forgery, counterfeiting, or other such frauds.
Infamous Crimes Crimes inconsistent with the common principles of honesty and humanity. Ex: Treason, Felony, crimes considered Crimen Falsi
What is the difference between Venue and Jusrisdiction Venue refers to where the case is to be tried, Jurisdiction refers to authority to try the case and where the crime was committed.
Canon Law Church law
Capricious Without good legal reason
Corpus Delecti Body of a crime (The corpse)
Doctrines Rules
Abridge To avoid, circumvent
Contemporary Current, Modern
After a challenged case leaves the Superior Court, it goes to ______. From there it goes to_______. The California Court of Appeals; The State Supreme Court
Created by: JeromeG