Card Set Information
controlled by modern statutes.
sentenced to death or imprisionment in state prision.
MODEL PENAL CODE
CALIFORNIA PENAL CODE
common law felonies
punishable forfeiture of land, goods, or both
malum in Se
inharently bad in themselves, immoral. all common law felonies
necessary to regulate the common good and welfare of the people
burden of proof
beyond reasonable doubt
can not be a matter of law, only matter of fact- jury
effect- treating an element as a matter of law, will remove it from jury consideraton and thus violate the victims 6th ammendment right.
with a defense. burden of evidence a matter for defendant, except for traditional defenses.self defense can be placed on fefendant, on insanity can be placed on defendant as well.