Crimes Against Persons

LECTURE OUTLINE ON CRIMINAL LAW

FELONIES-Definition
Review FELONIES AND WHITE COLLAR CRIMES


Murder and degrees of Murder

First degree murder is generally defined as murder that is intentional or deliberate or that takes place during certain other crimes. It is generally punishable by a sentence of 25-years-to-life imprisonment with the possibility of release from prison on parole. However, current statute makes first degree murder punishable by death or life imprisonment without the possibility of parole when specified "special circumstances" of the crime have been charged and proven in a case. A jury trial generally determines which penalty is to be applied when special circumstances have been charged and proven.

 

Read the Pros and Cons about Proposition 19-has been passed
Murder, BART and CSU Peace Officers

 

Murder under California Statutes

 

Offense generally prosecuted under any of the following statutes:

Other categorizations

Three Forms of Homicide

Justifiable Homicide

Excusable Homicide

Criminal Homicide-varying degrees

Capital Murder

Most serious form of homicide

Degrees

Voluntary Manslaughter

2nd most serious form of homicide

Defined

Adequate Provocation

Involuntary Manslaughter

Death results from everyday activities

Robbery

Immediate presence Issue

Sex Offenses

Sexual Assault (Rape)

Related issues:

Rape Shield Laws

Rape Trauma Syndrome

Acute Stress Disorder

Post Traumatic Stress Disorder

Sodomy

Oral Copulation

Assault

Aggravated Assault-based on weapon, type
& extent of injury, and type of victim

Crimes Against Property

Burglary

Typical definition: Unlawfully Entering or remaining in
a building with the intent to commit any felony or a theft.

Larceny/Theft

Grand and Petty Theft

Fraud & Counterfeiting

Arson-
California statute

Motives:

MISDEMEANORS

Review Misdemeanors and DUI

CRIMES AGAINST PERSONS-Definition

Great California Legal Information-criminal and civil

Review
California Bar Exam Flash Cards - Criminal Law

for definitions of various criminal offenses under California Law

 

Also review:

Variation of typical offenses:

California's new "willful exposure" law

Updates on Court Activity Against Pregnant Women Using
Illegal Drugs by States: Provided by Center for Reproductive
Law and Policy, 1998

Three Strikes law can't take credit for state's drop
in crime, finds UC Berkeley law professor

Investigative methods by law enforcement

STATUTE OF LIMITATIONS

Usual time span for murder?

When does the countdown begin?

Felonies vs. misdemeanors

GOVERNOR’S PARDON AUTHORITY
CALIFORNIA CONSTITUTION
ARTICLE 5  EXECUTIVE
SEC. 8.  (a) Subject to application procedures provided by statute,
the Governor, on conditions the Governor deems proper, may grant a
reprieve, pardon, and commutation, after sentence, except in case of
impeachment.  The Governor shall report to the Legislature each
reprieve, pardon, and commutation granted, stating the pertinent
facts and the reasons for granting it.  The Governor may not grant a
pardon or commutation to a person twice convicted of a felony except
on recommendation of the Supreme Court, 4 judges concurring.
   (b) No decision of the parole authority of this State with respect
to the granting, denial, revocation, or suspension of parole of a
person sentenced to an indeterminate term upon conviction of murder
shall become effective for a period of 30 days, during which the
Governor may review the decision subject to procedures provided by
statute.  The Governor may only affirm, modify, or reverse the
decision of the parole authority on the basis of the same factors
which the parole authority is required to consider.  The Governor
shall report to the Legislature each parole decision affirmed,
modified, or reversed, stating the pertinent facts and reasons for
the action.