AJ2 Chpt 1 Source of Criminal Law
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| One of the samples of early written law written in 1790 BC | The Code of Hamurabi
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| 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
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| 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.
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| Much of our criminal law comes from statutes which appear in various ______. Give an example 2. | Codes, Vehicle Code and Welfare and Institutions Code
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| 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
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| 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.
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| Stare Decisis | Adhering to precedent
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| 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
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| Name the two categories of Criminal Law | Substantive (laws defining crimes) or Adjective (aka procedural rules for administering justice)
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| T/F as long as the prosecution has commenced prior to the statute running out, the case CAN continue | TRUE -
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| 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.
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| 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
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| Prosecution for Misdemeanors must commence within how many years of the commission of the crime? | 1 year
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| 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
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| 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.
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| Prosecutions for felonies must commence within how many years after commission of the offense? | Three years
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| 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.
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| What is the statute of limitations for production of child pornography | 10 years after the date of offense
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| This person is considered the lawyer of the state | The California State Attorney General
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| 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
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| What is preemption | Concept that State law supercedes local ordinances as does Federal law supercedes States laws
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| Ex post facto | After the fact
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| 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.
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| Mala in Se | Crimes that have always been illegal due to the very nature. Ex. Rape or murder.
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| Mala Prohibita | Crimes prohibited by statute
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| Moral Terpitude | That which may be deemed shamefully immoral lacking honesty, integrity, modesty, and good morals.
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| Crimen Falsi | Criminal falsification such as perjury, forgery, counterfeiting, or other such frauds.
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| Infamous Crimes | Crimes inconsistent with the common principles of honesty and humanity. Ex: Treason, Felony, crimes considered Crimen Falsi
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| 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.
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| Canon Law | Church law
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| Capricious | Without good legal reason
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| Corpus Delecti | Body of a crime (The corpse)
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| Doctrines | Rules
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| Abridge | To avoid, circumvent
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| Contemporary | Current, Modern
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| 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
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