Learning Domain 5

Rules and provisions found in Federal and State Constitutions

Written laws enacted by a legislative body.

Laws created after the fact to punish an action that has already been taken place that was not previously illegal.

Interpretations of the constitution, or clarification of statues made by appellate court decisions that are binding to lower courts.

A limited power which allows both state and federal legislative branches declare certain behavior to be criminal and punishable by law.

The enforcement of the law to be applied by the literal meaning of the statute, leaving no room for interpretation.

The Law is applied in accordance with the intent of the legislature, the promotion of fairness and justice. Not solely a literal compliance with the words of the statute.

Violation of the criminal statutes; public wrongs against all the people in the State of California.

Noncriminal violations of the law; private wrongs committed by one person against another.

To right a wrong

Death, imprisonment, fine, removal from office.

Basic facts that must be proven by prosecution to sustain a conviction.

A presence of a designated state of mind that must be present to distinguish a crime from an accident or mistake of fact.

Crimes which intent is presumed and does not have to be proven, i.

e. battery, arson, transportation of drugs or ex-felon in possession of firearm.

Crimes which intent is an element of the crime that must be proven, i.e. burglary, or kidnapping.

Unlawful acts that affect a person other than, or in addition to, the intended person to affect.

Can meet the requirement for criminal intent; a negligent act that is aggravated or reckless and constitutes indifference to the consequences.

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

Lesser gravity than a felony; punishable by a fine and/or imprisonment in county jail.

A crime that can be either a felony or misdemeanor; Punishable by a fine and/or imprisonment in a county jail or state prison. NOTE: for test purposes, answer all Wobblers as Felonies.

A public offense punishable by a fine.

All person involved, aided and abetted, or advised and encouraged, in a commission of a felony or misdemeanor.

Any person whom after a felony has been committed has: -Knowledge that the principal has committed a felony -Harbors/conceals/aids a principal in a felony -Has the intention of assisting the principal to avoid arrest, trial, conviction, or punishment.

When a person assists, supports, promotes, encourages, strengthens, or instigates by act or advice in commission of an offense.

When a person testifies for the prosecution against another principal.

-Children under 14 -Persons mentally incapacitated -Persons who committed the act under ignorance or mistake of fact, misfortune or accident, under threat of menace.