criminal law
Criminal Law Notes
Chapter 3-4:
Corpus Delicti: 1) Act/Omission & 2) Criminal Agency
Temporary Insanity does not apply in California. You must prove that you cannot understand right/wrong at the time of the act, and that you did not understand the nature/quality of the act. Must also prove insanity, otherwise you are considered sane.
People who cannot commit a crime (PC 26):
1) Children under 14
2) Idiots – Mental Incapacity
3) Ignorance or mistake of fact
4) Unconsciousness of Behavior
5) Accident or Misfortune
6) Threats, Duress, Coercion
7) Self Defense
8) Insanity
9) Entrapment
10) Necessity
Confession does not affect corpus delicti. However, a voluntary confession can be used to gather other information on the crime. Confession cannot be used alone to establish guilt.
Idiot evaluated by low IQ score of 10-24.
The 5 factors of criminal negligence are:
1) Defendant must have a legal duty, or contractual relationship, toward a person, group or society in general.
2) Defendant must know, or reasonably should know that he has a legal duty and that there is a present existing danger.
3) There must be an apparent ability upon the part of the defendant to perform the legally imposed duty.
4) It must be shown that the defendant failed to perform the duty that is legally imposed
5) It must appear that the defendants negligent act or omission was the cause of the injury sustained.
Entrapment: Police induce a person to commit a crime. The can, however, provide the opportunity to commit the crime.
Provocative act theory: If a defendant (accomplice) causes a provocative act that causes the death of one of his accomplices by the intended victim or police, he can be charged with murder.
Vicarious Liability theory: If two or more suspects agrees to kill someone, all of them can be charged with murder no matter who actually committed the act.
Felony murder rule: This rule states that if any defendant kills under PC 189 , all persons aiding
Chapter 3-4:
Corpus Delicti: 1) Act/Omission & 2) Criminal Agency
Temporary Insanity does not apply in California. You must prove that you cannot understand right/wrong at the time of the act, and that you did not understand the nature/quality of the act. Must also prove insanity, otherwise you are considered sane.
People who cannot commit a crime (PC 26):
1) Children under 14
2) Idiots – Mental Incapacity
3) Ignorance or mistake of fact
4) Unconsciousness of Behavior
5) Accident or Misfortune
6) Threats, Duress, Coercion
7) Self Defense
8) Insanity
9) Entrapment
10) Necessity
Confession does not affect corpus delicti. However, a voluntary confession can be used to gather other information on the crime. Confession cannot be used alone to establish guilt.
Idiot evaluated by low IQ score of 10-24.
The 5 factors of criminal negligence are:
1) Defendant must have a legal duty, or contractual relationship, toward a person, group or society in general.
2) Defendant must know, or reasonably should know that he has a legal duty and that there is a present existing danger.
3) There must be an apparent ability upon the part of the defendant to perform the legally imposed duty.
4) It must be shown that the defendant failed to perform the duty that is legally imposed
5) It must appear that the defendants negligent act or omission was the cause of the injury sustained.
Entrapment: Police induce a person to commit a crime. The can, however, provide the opportunity to commit the crime.
Provocative act theory: If a defendant (accomplice) causes a provocative act that causes the death of one of his accomplices by the intended victim or police, he can be charged with murder.
Vicarious Liability theory: If two or more suspects agrees to kill someone, all of them can be charged with murder no matter who actually committed the act.
Felony murder rule: This rule states that if any defendant kills under PC 189 , all persons aiding