Introduction into Criminal Law

LD 5 Intro to Criminal Law

Identify the relationship among:

Constitutional Law - the rules and provisions found in the federal and state constitution form the basis of modern constitutional law.

Statutory Law - consists of the written laws enacted by a legislative body. All crimes are statutory in California. To be enforceable a law must be written.

Case Law - is based upon previous appellate court decisions that are binding on lower court decisions.

- interpret the constitution

- clarify statues

2. Differentiate the difference of Spirit of the Law and Letter of the Law.

Spirit of the Law - means that the law is applied in accordance with the intent of the legislature and not in literal compliance with the words of the statute.

Letter of the Law - means that the law is applied in accordance with the literal meaning of the statute, leaving no room for interpretation.

3. Differentiate between criminal and civil law.

Criminal Law - Violations of a criminal statute

Civil Law - Noncriminal violations of the law

4. Recall the statutory definition of a crime.

PC 15 - a crime or a public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed upon conviction either of the following punishments: Death, Imprisonment, Fine, Removal from Office and Disqualification to hold and enjoy any office of honor, trust or profit in this state.

5. Identify the basic elements common to all crimes

- There must have been an illegal human act to omission, not an act resulting from natural phenomena.

Criminal