Three Origins of Law

Constitutional Law

Statutory Law

Case Law

Constitutional Law

The rules and provisions found in the federal and state constitutions 

Statutory Law

The laws which are enacted by a legislative body and recorded in the various state, county, or municipal codes. 

Statutory Law Codes

Penal Code

Vehicle Code

Welfare and Institions Code Health and Safety Code

Business and Professions Code

Education Code

Government Code

Fish and Game Code 

California Code of Regulations

Case Law

Laws which are based on previous appellate court decisions that have become binding on lower court decisions. 

Letter of the Law

The law is strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation. 

Spirit of the law 

Means the law is applied in accordance with the intent of the legislature, the promotion of fairness and justice, and not soley in literal compliance with the words of the statute. 

Definition of Crime

A crime is a violation of a criminal statute. 

PC Section 15:  A crime of public offense as "an act committed or ommited in violation of a law forbidding or commanding it. 

Persons liable for punsihment under the laws of CA 

all persons who commit, in whole or in part, any crime within CA

all persons who commit any offense outside CA which, if committed inside CA, would be larceny, carjacking, rovvery, or embeezzlement and bring or are found with any portion of the stolen or embezzled property in CA

all persons outside CA who cause, aid, advise, or encourage another person to commit a crime within CA, and who are afterwards found in CA 

all persons who commit perjury outside the state to the extent identified fin PC Section 118

Elements of the crime

General Intent Crimes 

Crimes intent is presumed and does not have to be proven.  i.e:  battery, arson, transportation of drugs or ex felon in possession of a firearm. 

Transferred Intent

When an unlawful act affects a person other than, or in addition to, the person it was intended to affect, the intent becomes transferred intent. 

Criminal Negligence

meets the requirement of criminal intent. Negligence is the failure to exercise ordinary care. Criminal negligence is a negligent act that is aggravated or reckless and constitutes indifference to the consequences

Classification of Crimes

Three Categories

Felonies

Misdemeanors

Infractions

Felony

Is a crime, punishable by a fine and/or imiprisonment in state prison, death, or removal from office. 

Misdemeanor

A crime of lesser gravity than a felony. Misdemeanors are punishable by a fine and/or imprisonment in a country jail 

Wobbler

A crime that can be either a felony or a misdemeanor 

Infraction

A public offense punishable by a fine only.

Principals, Accessories, and Accomplices 

All individuals who commit crimes in CA are subject to prosecution and punishment by the state 

Principals

include all persons involved in the commission of a felony or misdemeanor.  All principals to a crime can be arrested and prosecuted. 

Persons are principal parties to a crime only if there is proof that they had the required criminal intent. 

Descriptions of Principals

Directly committed the offense

aided and abetted in the commission of the offense

advised and encouraged the commission of the offense

counseled, advised, or encouraged children under age of 14 years, or mentally incapacitated persons, to commit the offense

by fraud, contrivance, or force, occasioned the drunkenness of another for the purpose of causing the person to commit the offense

by threats, menaces, command, or coercion compelled another to commit the offense. 

Aids and Abets

Abet implies having a guilty knowledge and fleonious intent   

Aid is actively assisting or supporting without knowledge of guilt.  

Accessory 

Anyone who, after a felony has been committed, meets all the following requirements

Accomplice

A principal to a crime becomes an accomplice when he or she testifies for the prosecution against another principal. 

People legally incapable of committing a crime

children under 14

persons who are mentally incapacitated

persons who committed the act of omission: 

• under ignorance or mistake of fact
• without being conscious of the act, 
• through misfortune or accident, or under threat or menace

Unconscious Act 

Individuals who unconsciously commit an unlawful act or omission are deemed to lack the intent necessary for the act to be considered a crime. 

Misfortune or accident

Individuals who commit an unlawful act or omit an act through misfortune or by accident, with no apparent eveil design, intention, or culpable negligence, are not considered responsible for committing a crime. 

Threat or menace

Individuals are not held accountable for a crime if they commit the unlawful act or omission (other than a capital crime)