1. California Criminal Law and Evidence Chapter 1 Origins of the law

2. Common Law “In early years, before there were universal laws and legislatures, who do you think made the laws?” –Courts made the laws – we call those laws, judge-made laws, or common law Two or more persons came before the judge and the dispute was settled establishing rules of law for future cases –Common law is not enforced in California, because the legislature has codified the law in codes such as the Penal Code

3. Common Law Though common law isn’t used to enforce (make law) it is used by appellate courts to interpret terms and practices which have stemmed from common law’s historical principals and practices as long as those terms and practices aren’t inconsistent with the U.S. or State Constitutions and/or the federal or state laws.

4. Sources of the Law Constitution Statutory Law- For a law to be enforceable in California, it must be passed by the legislature, signed by the Governor and carry a form of punishment Case Law –A body of law based on judicial decisions (interpretation of the law) Stare Decisis- to stand by a decision. It’s also what we call precedence. When one court makes a decision it is precedent. It stands until another higher court makes a different ruling.

5. Bill of Rights First ten amendments to the constitution In law enforcement, we will predominantly be dealing with the following amendments: 1 st 4 th 5 th 6 th 8 th 14 th

6. Bill of Rights The Bill of Rights and its amendments were written to limit the powers of the federal government The 14th Amendment states: “No state shall make or enforce any law which shall abridge the privileges immunities of citizens of the U.S.; nor shall any state deprive any person of life, liberty, or property, without due process of law.

7. Statutory Law Written laws enacted by the legislative body of a nation, state, county or city Law Enforcement enforces statutory law which is codified in one of 29 California State Codes –Penal Code –Vehicle Code –Health and Safety –Welfare and Institutions

8. Case Law A body of law based on judicial (appellate court) decisions –Appellate Courts clarify and interpret the law according to the U.S. and California Constitution Their decisions set case precedent (Stare Decisis)

9. Letter of the Law Vs. Spirit of the Law Letter of the law- Enforce Penal statutes in accordance with the literal meaning of the statute Spirit of the law- Enforce Penal statutes in accordance with the legislative intent of the law with a view to effect its objectives and to promote justice –Stop sign example

10. Crime Elements In every crime there must be: –Human Culpability- crime caused by a human being as opposed to a natural phenomenon –Corpus Delicti (proven element of the crime) The commission of a prohibited act or the omission of a required act and The presence of a specified state of mind

11. Types of Criminal Intent General Negligence- Need only show that the criminal failed to use the degree of care a reasonable prudent person would use under the same circumstances General Intent- No specific state of mind is needed, just proving that the defendant committed the act is sufficient Specific Intent- State of mind must be proven beyond a reasonable doubt –intent requirement is written into the law For example “with the intent to ”

12. Attempt to Commit a Crime Must contain the following –A specific intent to commit the crime and –A direct but ineffectual act done toward its commission

13. Crime Vs. Tort Tort- Civil or private wrong that does not involve a contract –Injured party is an individual and recourse is to sue in civil court for damages (money) –Burden of proof needed: preponderance of evidence Crime (Public Offense)- an act committed or omitted in violation of a law forbidding or commanding it –The “injured party” is collectively the state –Criminal prosecution by the D.A. –Burden of proof needed: beyond a reasonable doubt (unanimous)

14. Parties to Crime Principal- Person who directly commits a crime, aids and abets in its commission, or encourages its commission Accomplice (co-principal) Accessory- After a felony has been committed, harbors or conceals a principal with intent that the principal may avoid capture

15. Categories of Statutory Law Substantive Law- regulates conduct and acts Procedural Law- Defines the processes and methods necessary for application and enforcement of the law (procedures for arrest, booking, bail, etc)

16. Classification of Crimes Felony- punishable by imprisonment in state prison or county jail for a term of a year or more Misdemeanor- punishable by imprisonment in the county jail for a term of less than a year Wobbler- may be punishable as either a felony or a misdemeanor Infraction- punishable by fine

17. Statue of limitations Time limit in which a suspect must be brought to trial –misdemeanor- one year –Felony- more than a year dependant on crime 6 years if punishable with 8 years or more in jail None if punishable with death or life in prison None for felony sex crimes if victim was a minor when it occurred and later recalls the incident

18. Self Defense Force must be in proportion to the threat Threat must be imminent “Bare fear” alone isn’t enough to justify self defense. The fear must be accompanied by an overt act Deadly force may not be used to defend only property

19. Entrapment Inducing a person to commit a crime they otherwise wouldn’t commit if it weren’t for the actions of the officer

20. Constitutional Amendments game Review your Amendments and be prepared to compete –Match the following statements with the amendment the issue is associated with

21. #1 A person enters a room and screams "Bomb!" just to see the reaction of the people in the room

22. #2 A police officer comes to your door and asks to search your home without probable cause. You don't want to allow the officer to enter

23. 3 The police impound a person’s car without giving notice or a reason

24. 4 Even after September 11th, people are still free to practice whatever religion they choose in the United States.

25. 5 A person is fined for $20,000 and jailed for two months for failure to appear on a speeding ticket

26. 6 A criminal defendant decides not to take the witness stand and testify

27. 7 A city police officer wears a Christian Cross on his uniform

28. 8 A Police Officer denies a news reporter access into a crime scene

29. 9 Lethal Injection as a form of capital punishment is being reviewed by the Supreme Court regarding its constitutionality.

30. 10 A 10 year veteran police officer is terminated (fired) without a hearing or review

31. 11 Evidence seized by the police in violation of this amendment is excluded from trial as a “fruit of the poisonous tree”

32. 12 A correctional officer beats an inmate with a baton because the inmate didn’t follow her order

33. 13 Peaceful picketers are forced by the police to leave the sidewalk in front of the grocery store they are picketing because the store is losing business

34. 14 A Police Officer enters and searches a persons motel room when the person goes out to eat on a hunch that there are drugs in the room

35. 15 A police officer is indicted by a Grand Jury for the crime of vehicular manslaughter in the course of duty