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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.
- General intent
- Specific intent
- Tranferred/ contructive 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.
WHO CAN ENFORCE STATE LAWS?
- SHERIFF,DEPUTY SHERIFF,POLICE, MARSHALL,INPECTOR, INVESTIGATOR, PEACE OFFICER.
- ( NOT PAROLE OR PROBATION)
WHAT IS LAWFUL ARREST?
- taking a person into custody, in case and in the manner authorized by law. An arrest may be a peace officer or by a private person.
- (PC- 835: actual restraint, submission into custody, officer may use reasonable force to effect arrest.
LIST 4 PROBABLE CAUSES THAT OFFICERS USE TO AVOID GETTING SUED.
WHAT IS THE TIME LIMIT THAT AN ACCUSED MUST BE TAKEN BEFORE A MAGISTRATE?
If not realease must be take before a judge within 48 hours following arrest this excludes sundays and holidays.
WHAT ARE THE ELEMENTS OF DISTURBING THE PEACE?
- Unlawfully fighting in a public space
- or challenging another perosn to fight in a public place
- maliciously and willfully disturbs another w/loud unreasonable noise
- using offensice words in publics place with causes violent reaction.
WHAT IS STARE DECISIS?
"adhering to precedent" It means the previously decided cases are to have great impact and influence on the decision of current cases.
WHICH ARE THE 3 CATEGORIES OF CRIME?
- Crime is divided into:
WHAT IS CORPUS DELICTI?
Its the concentual elements of a crime.
WHICH ARE THE 5 PENALTIES OF CRIME?
- Removal from office
- Disqualification to hold and enjoy any office of honor, trust or profit in this state.
How can a person be an obstruction to justice?
- subortination of perjury
- falsification of evidence
WHAT IS CONSPIRACY? a felony
- Two or more persons agreeing to commit any crime where at least one of the does an overact in furtherance of the cospiracy.
- Helop to plan a crime
What are the elements of perjury?
- knowingly making false statements (oral or written)
- under oath or penalty of perjury
- w/ respect to a false material
- before competent legal tirbunal proceding or person
- testimony, declaration, certification
What is arrest?
To take a person into custody , in a case an in a manner authorized by law. it requires "probable cause"
What is subornation of perjury?
When a person willfully procures another person to commit perjury.
WHAT IS DETENTION?
A seizure under the 4th amendment that requires a minimum "reasonable suspicion" may do a pat down on outher clothes.
What are principles? all people in felony/ misdemeanor
all persons concerned in the commission of a crime who are involved in planing, preparation, carry out, aid and abets advises and encourages druges to do crime, threats another to do crime.
What element constitutes the crime of accessory?
- after the fact of a felony only and was not present at the crime.
- Any person that harbors, conceals, that has knowledge and helps the felon.
What is an ACCOMPLICE?
- is present at the time of the crime!! AKA SNITCH
- a person who promotes, encourages, or instigates by act or advices the commission w/knowledge of the unlawful act and has common intent as the principle. NEED THE TESTIMONY.
WHAT IS A FEIGN ACCOMPLICE?
a person that participates in a crime in a purpose to help gather information and evidence in the purpose of prosecution only. undercover officer
WHAT IS THE DIFFERENCE OF AN ACCOMPLICE AND AND A PRINCIPLE?
PRINCIPLE COMMITS THE CRIME AND ACCOMPLICE HELP CRIMINAL TO COMMIT THE CRIME.
WHAT ARE THE KEY ELEMENTS OF PROWLING?
- Any person who liters, prowls or wanders
- on private property at ANY TIME
- without visible or lawful business w/ owner or occupant
- owner does not have to be present
When is freedom of speech illegal?
when people use words that are offensive and can cause a fight or inflict injury such words as "fighting words"
What are the 4 defences to civil action the police take to avoid getting sued.
- probable cause
- self defence
- reasonable force in affectiong arrest
- coersice interogation
Under what amendment is consentual contact.
its under the 4th amendment.
What are the legal procedures to enter a home?
- exigent (urgent or emergency)
WHAT HAPPEN IN THE CASE OF TERRY VS. OHIO?
It establish that a pat down may happen while a person is in detention if officer has a suspicion that person may be dangerous or is armed. the pat down is on outer clothes only.
WHAT IS CONSIDERED A TRESSPASS?
when a person is asked to leave and refuses to leave it becomes a tresspass.