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Law 4
The Law
| Question | Answer |
|---|---|
| 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. |
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