PC-26 LIST 4 TO 6 EXEPTION TO TO THE RULE ALL PERSONS ARE CAPABLE OF COMMITING A CRIME EXEPT:
children under the age of 14
person who mentally incapacitated
ignorance or mistake of fact
unconcious (sleep walking)
accidental or misfortune
treats, duress, coertion.
DESCRIBE THE LEGAL ASPECTS OF CRIMES COMMITTED UNDER THREATS, COERCION, DURESS. IS IT DEFENCE TO ALL CRIMES?
NO. NO AMOUNT OF THREATS, COERCION, OR DURESS WILL RELIEVE A PERSON WHO commit a crime punishable by death.
"CANT TRADE A LIFE FOR A LIFE". NEEDS TO BE AN IMEDIATE THREAT.
WHO HAS THE BURDEN OF PROOF IN AN INSANITY DEFENSE AND HOW MUCH EVIDENCE MUST BE PRESENTED TO ESTABLISH SAME?
California requires the defendant to prove by preponderence of evidence that the defendant was incapable of:
1. understanding nature/quality of act
2. distinguish right/wrong at the time of act
(M'Naghten Rule is the test for insanity in california. )
*temporaty insanity allowed in ca*
At what age can a juvenile be tried as an adult?
California - Anyone 14 years and older can be tried as an adult for serious crimes. Examples of serious crimes include murder, robbery with a weapon, and rape.
List 3 types of INTENT.
Tranferred/ contructive intent
What is GENERAL INTENT?
What is SPECIFIC intent
What is TRANSFERED/CONSTRUCTIVE intent?
WHAT ARE THE ELEMENTS OF RESISTING ARREST?
anyone who willfully resists, delays, or obstructs any public, peace, officer or emergency medical technician in the performance of his dudy.
Ex. giving false I.D
posting official address on internet
touches gun unfasten or picks up gun.
Elements of impersonating a police officer are
146. Every public officer, or person pretending to be a public officer, who, under the pretense uniform, badge or I.D of officer is guilty of a misdemeanor:
(a) Arrests any person or detains that person against his or her will.
(b) Seizes or levies upon any property.
(c) Dispossesses any one of any lands or tenements
What is EXCLUSIONARY rule?
The exclusionary rule is designed to exclude evidence obtained in violation of a criminal defendant's Fourth Amendment rights. The Fourth Amendment protects against unreasonable searches and seizures by law enforcement personnel. If the search of a criminal suspect is unreasonable, the evidence obtained in the search will be excluded from trial.