Your first assignment is to get to know the team of learners you will be working with. Please introduce yourself in this discussion forum. Focus your introduction on areas you feel are relevant to you

Laws of Arrest REQUIRED

The following is an initial outline of the proposed assignment.  To insure compliance, I recommend you view lecture through media site -

MEDIA SITE: Media site is where you can log in and view the video lectures. This is strictly for additional CLASS use ONLY - use this tool to go back and view a lecture for further understanding or if a lecture was missed. You may also log in and view the lecture live at its designated time. 

• Media Site Log In:Go to the following Website to log-in: http://mediasite.rcc.edu/rcc/catalog/ (Links to an external site.)Links to an external site.

• You can use Internet Explorer or Firefox but you need to have Silverlight installed on your computer. For Mac users you can use Safari with the Microsoft Silverlight player installed.  The recommended browser is Firefox for PC users.

• When you type in that web address you will be asked for a password. The username and password is specific for each class.

ADJ 3 username: adj3 password: adj3

In your own words, construct a scenario of facts that will explain how you will begin this process of arrest.  Use one of the following three options to begin

1 - you are on patrol and you observe - consensual encounter, or

2 - you are on patrol and a person waves to you and advises of something suspicious - detention, or

3 - you are dispatched to a location regarding a crime in progress - arrest.

In your own words, define the following terms and concepts as applicable as part of your discussion:

• Consensual encounter

• Detention

• Arrest

• Articulable suspicion

• Reasonable suspicion

• Probable cause

• PC§ 834c—Rights of Detained Foreign National; Notice to Foreign Government

 (a)(1) In accordance with federal law and provisions of this section, every peace officer, upon arrest and booking or detention for more than two hours of a known or suspected foreign national, shall advise the foreign national that he or she has the right to communicate with an official from the consulate of his or her country, except as provided in subdivision (d). If the foreign national chooses to exercise that right, the peace officer shall notify the pertinent official in his or her agency or department of the arrest or detention and that the foreign national wants his or her consulate notified.

• PC§148—Resist, Obstruct, Delay of Peace Officer or EMT

 (a)(1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in a county jail not to exceed one year or by both that fine and imprisonment.

• PC§ 148.9—Giving False Information to a Police Officer

 (a)(1) Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer upon a lawful detention or arrest of the person, either to evade the process of the court or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor.

(b) Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any other peace officer upon lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the arresting officer is guilty of a misdemeanor if 1) the false information is given while the peace officer is engaged in the performance of his or her duties as a peace officer and 2) if the person providing the false information knows or should have known that the person receiving the information is a peace officer.

Afterwards, read over and analyze from a legal stand point the following cases including details such as the case facts, what the SCOTUS ruling was, and how applicable to your scenario.

• Terry v. Ohio (Stop, Pat, Frisk) (Links to an external site.)Links to an external site.

• Hibel v. Nevada (identification required (Links to an external site.)Links to an external site.

Finally, review officer presence (see/smell/hear/touch/taste), what it means, and why it is important and applicable to your scenario.

IT IS IN YOUR BEST INTEREST, GRADE WISE, TO NOT SIMPLY WRITE THE TERMS AND DEFINITIONS IN YOUR OWN WORDS, BUT TO ALSO GET CREATIVE AND INCLUDE A SCENARIO TO TIE EVERYTHING TOGETHER OR TO GIVE EXAMPLES THAT DEMONSTRATE YOUR UNDERSTANDING OF THE TERM(S) OR CONCEPT(S).

IMPORTANT: INSURE TO INCLUDE THE CORRECT PAPER HEADING (FOUND IN THE SYLLABUS) AND TO CITE YOUR SOURCES

Reminder

Citing your sources is crucial. Do not forget to correctly cite and format your paper in either MLA or APA format. The following are citing engines that can help.  I recommend APA if you are planning on transfering to a four year educational institution.

• Noodletools (Links to an external site.)Links to an external site.

• Easybib (Links to an external site.)Links to an external site.

• Citation Machine (Links to an external site.)Links to an external site.

• On Line Writing Lab (Links to an external site.)Links to an external site.

Rubric

Factors

CHAPTER 4 Laws of Arrest, a discussion on process-2

WELCOME - Concepts of Criminal Law

COURSE OVERVIEW

COURSE OBJECTIVES

COURSE SYLLABUS

COURSE POLICIES

COURSE EXPECTATIONS; becoming AWARE OF THE ISSUES AND TRENDS, READ WITH COMPREHENSION, WRITE WITH CLARITY, CRITICALLY THINK WITH PURPOSE,  DEVELOP QUESTIONS FOR RESPONSE WITHIN THE COURSE CONTEXT, ASSIGNMENT REVIEW,  COMPLETION, GRADING, ASSESSMENT COMPLETION.

KEY TERMS

Understanding the American Criminal Justice System - Concepts of Criminal Law

Learning Objectives

CURRENT TRENDS

JACKSONVILLE FLORIDA  REGIONAL VIDEO GAME SHOOTING  https://en.wikipedia.org/wiki/Jacksonville_Landing_shooting (Links to an external site.)Links to an external site.

CALIFORNIA BAIL REFORM www.sacbee.com/news/politics-government/capitol-alert/article217461380.html (Links to an external site.)Links to an external site. 

FBI HOME PAGE www.fbi.gov (Links to an external site.)Links to an external site.

MEGANS LAW https://www.meganslaw.ca.gov/ (Links to an external site.)Links to an external site.

CLERY ACT  https://en.wikipedia.org/wiki/Clery_Act (Links to an external site.)Links to an external site.

UNIVERSITY CALIFORNIA IRVINE CLERY ACT  http://www.police.uci.edu/Jeanne_Clery_Act_Annual_Security_Report.pdf (Links to an external site.)Links to an external site.

DISTRICT ATTORNEY RIVRESIDE COUNTY http://rivcoda.org/opencms/index.html (Links to an external site.)Links to an external site.

ASSEMBLY BILL 931 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB931 (Links to an external site.)Links to an external site.

KENNEDY v LOUISIANA https://en.wikipedia.org/wiki/Kennedy_v._Louisiana (Links to an external site.)Links to an external site.

https://www.law.cornell.edu/supct/html/07-343.ZO.html (Links to an external site.)Links to an external site.

U.S. CONSTITUTION  https://www.law.cornell.edu/constitution (Links to an external site.)Links to an external site.

Summary

A majority of persons, no matter educated or just for enjoyment, have witnessed at some time, the crime shows – CSI, Law and Order, 48 hours – where a person is arrested after a criminal investigation for a criminal charge.  Often times, some procedures are implemented which are contrary to actual law enforcement practices.  In this chapter, a discussion will occur about the process of arrest, what it entails, what should / should not occur and where the criminal defendant proceeds from this step.

In pursuing an arrest there are steps that must be satisfied prior to handcuffing a suspect.  An officer must first have probable cause for the arrest.  In this chapter we will examine the progression to arrest from developing reasonable suspicion which is articulable through developing probable cause to arrest.

Law and Concepts of Significance

Consensual encounter: An agreement between a peace officer and a person to allow for a contact without demand or imposed will, anything said by the person during this contact can be used in a court of law.

Detention: A temporary holding of person while the peace officer investigates the possibility of criminal action, generally occurring during pedestrian checks and traffic stops of a temporary nature. If during the detention the officer determines that further time might be used to determine criminal activity, if reasonable, that can occur. If the officer during the detention determines that the person is a danger, armed, and dangerous to the officer and the community, the officer may pat, frisk for weapons only Terry v Ohio. This search is before probable cause and has been determined, and SCOTUS has determined its legality.

Arrest: Taking a person into custody in a manner allowed by law. Reasonable force can be used to effect the arrest, prevent the escape, or overcome resistance—835a PC.

Reasonable/Articulable Suspicion

The level of suspicion which causes a peace officer to believe that a crime has occurred, is occurring, or will occur. The reason for the suspicion must be able to be stated in an investigation report, or as a witness in a court of law.

Terry v Ohio

• https://en.wikipedia.org/wiki/Terry_v._Ohio (Links to an external site.)Links to an external site.

• https://www.law.cornell.edu/supremecourt/text/392/1 (Links to an external site.)Links to an external site.

• https://www.oyez.org/cases/1967/67 (Links to an external site.)Links to an external site.

Articulable Suspicion

Stating in a report why the officer believed the person to be suspicious, and the reason for the contact.

 Actions they observe

 Time of day

 Location

 Officer knowledge

 Information in possession

 Actions based on experiences that have proven true in the past

Probable Cause

A set of facts relayed to the ordinary person that would cause that person to believe what the officer did was reasonable under the circumstances. Probable cause factors can include but are not limited to officer knowledge, experience, appearance of the contacted person, and other factors taken together that add up to the totality of the circumstances which must be proven reasonable in a court of law for a conviction.

Suspect’s known and verified activity

Flight/running: circumstantial evidence of guilt

Appearance: wearing apparel

Criminal record

Informant information

Intelligence from department specialized units

Usage of officer physical senses: sight, smell, hearing, touch, taste

Probable cause is a requirement for an arrest, the issuance of an arrest warrant, or a search warrant.

Officer presence: the usage of one physical senses to determine that criminal activity is occurring—sight, smell, hearing, touch, and taste.

• 148 PC

• 148.9 PC

• 835a PC

• Arrest

• Articulable suspicion

• Consensual encounter

• Detention

• Foreign national

• Hiibel v Nevada

• Officer presence

• Plain view doctrine

• Probable cause

• Reasonable suspicion

• Terry v Ohio

Whren v U.S.

• https://www.oyez.org/cases/1995/95-5841 (Links to an external site.)Links to an external site.

Atwater v Lago Vista

• https://en.wikipedia.org/wiki/Atwater_v._City_of_Lago_Vista (Links to an external site.)Links to an external site.

• https://www.oyez.org/cases/2000/99-1408 (Links to an external site.)Links to an external site.

• https://www.law.cornell.edu/supct/html/99-1408.ZS.html (Links to an external site.)Links to an external site.

Proposition 2

• https://ballotpedia.org/California_Proposition_22,_Limit_on_Marriages_(2000) (Links to an external site.)Links to an external site.

Proposition 8

• https://ballotpedia.org/California_Proposition_8,_the_%22Eliminates_Right_of_Same-Sex_Couples_to_Marry%22_Initiative_(2008) (Links to an external site.)Links to an external site.

• https://www.law.cornell.edu/constitution/amendmentxiv (Links to an external site.)Links to an external site.

Lawrence, Garner v Texas

• https://en.wikipedia.org/wiki/Lawrence_v._Texas (Links to an external site.)Links to an external site.

• https://www.oyez.org/cases/2002/02-102 (Links to an external site.)Links to an external site.

• https://www.law.cornell.edu/supct/html/02-102.ZS.html (Links to an external site.)Links to an external site.

Massachusetts Law - Same Sex Marriage

• https://en.wikipedia.org/wiki/Same-sex_marriage_in_Massachusetts (Links to an external site.)Links to an external site.

• https://en.wikipedia.org/wiki/Goodridge_v._Department_of_Public_Health (Links to an external site.)Links to an external site.

• http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/gaymarriage.html (Links to an external site.)Links to an external site.

• http://www.msnbc.com/msnbc/ten-years-ago-massachusetts-introduced-us-gay-marriage (Links to an external site.)Links to an external site.

Elizabeth Smart

• https://en.wikipedia.org/wiki/Elizabeth_Smart (Links to an external site.)Links to an external site.

• https://en.wikipedia.org/wiki/Elizabeth_Smart_kidnapping (Links to an external site.)Links to an external site.

• http://www.nbcnews.com/news/other/i-was-broken-beyond-repair-elizabeth-smart-recalls-kidnapping-ordeal-f8C11336267 (Links to an external site.)Links to an external site.

• http://www.nbcnews.com/news/us-news/elizabeth-smart-her-captivity-pornography-made-my-living-hell-worse-n635066 (Links to an external site.)Links to an external site.

Samantha Runnion

• https://en.wikipedia.org/wiki/Murder_of_Samantha_Runnion (Links to an external site.)Links to an external site.

• https://patch.com/california/lakeelsinore-wildomar/10-years-later-the-brutal-killing-of-samantha-runnion (Links to an external site.)Links to an external site.

• http://www.latimes.com/local/lanow/la-me-ln-death-penalty-upheld-for-samantha-runnions-killer-20140630-story.html (Links to an external site.)Links to an external site.

The United States Constitution and its Application to the Study of Criminal Law

The United States Constitution is the supreme law of America.

It consists of a preamble, articles, and amendments.

I call the preamble guiding principles for the national government as it provides an overview of what America stands for as it looks into the future from 1787 to 1791.

The seven articles:

• Articles 1–3 outline the separation of powers among the legislative, executive, and judicial branches.

• Articles 4–7 define how the states, the amendment process, the legal status of the Constitution, and ratification will work in concert for the betterment of the nation.

As we proceed through this study of criminal law, I want you to understand the importance and significance of the Constitution as a backdrop for everything that occurs in the American criminal justice system.

But first, what is criminal law? Criminal law, as distinguished from civil law, is a system of laws concerned with punishment of individuals who commit crimes.

What are laws; legal statutes passed with at the federal level; Congress—House of Representatives, U.S. Senate, or at the local, state government level in the legislatures, or even in city and county (parish) government—city councils, boards of supervisors

The laws we will study are violations of public offenses, pertain to those individuals who voluntarily, and willfully violate these written statutes, called crimes, knowingly, and purposely, with intent, and the end results in consequences for such acts, called punishment.

I will discuss the U.S. Constitution from a progressive perspective not as to original intent, because we are a nation of tremendous progress from the thoughts of the original framers, and for me to remain in 1787–1791 is not productive as we attempt to make sense of the Constitution’s meaning for the present model of America. I realize that this is a bias but it is my bias and I will stick with it. Now that is not to dismiss those who frame their thoughts, primarily in the federal judiciary, as inconsequential but does not allow for a study on both sides of the fence.

The primary link I use in teaching is LII: The Constitution of the United States of America (Links to an external site.)Links to an external site.

So let’s begin.

People of the State of California v. Officer Ramos, Cincinelli and Wolfe, Fullerton CA police department.

The case study I will use in this exercise will be the case of the People of the State of California v. Officer Ramos, Cincinelli and Wolfe, Fullerton CA police department.

• Kelly Thomas Beating - Full Video (Links to an external site.)Links to an external site.

• Wikipedia - Death of Kelly Thomas (Links to an external site.)Links to an external site.

• Ramos And Cicinelli Go To Trial: Wolfie Not Far Behind (Links to an external site.)Links to an external site.

• Kelly Thomas trial update: Prosecution walks jury through beating video (Links to an external site.)Links to an external site.

• Uniformed killers walk free after beating and tasing unarmed homeless man to death (Links to an external site.)Links to an external site.

• Kelly Thomas trial update: Wrongful death civil trial begins (Links to an external site.)Links to an external site.

• Cops acquitted of killing homeless man could face federal charges (Links to an external site.)Links to an external site. officers acquitted

• Kelly Thomas case: why police were acquitted in killing of homeless man (+video) (Links to an external site.)Links to an external site.

• $4.9 million settlement reached in Kelly Thomas wrongful-death case (Links to an external site.)Links to an external site.

So, what happened—how did this occur?

Let’s go from the beginning—officer call and respond. Contact made with Kelly Thomas, crime scene investigation occurs. Physical force applied. Kelly Thomas is taken to the hospital and dies 5 days later.

The Orange County district attorney Tony Raukaukas examines the evidence in light of the death and the applicable CA law.

PC§ 835a. Peace Officer Use of Force to Arrest

Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape, or to overcome resistance.

A peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.

PC§ 196. Justifiable Homicide by Public Officer

Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either

1. in obedience to any judgment of a competent Court; or

2. when necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or

3. when necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest.

And decides that this matter should be decided by a jury and not by the District Attorney under PC 196.

Charges are filed in Orange County Superior Court, charging officer Ramos with second degree murder and involuntary manslaughter, and officers Cincinelli and Wolfe with involuntary manslaughter and excessive force.

A trial was held, the officers were acquitted. The officers were fired from their positions.

A civil trial occurred and the results were a settlement of $4.9 million for the father, as the mother had already settled for $1 million

So what does all of this mean as you examine the Constitution as it applies to criminal law?

Let’s move through the steps of this incident occurrence.

PC§ 197. Justifiable Homicide by Any Person
Homicide is also justifiable when committed by any person in any of the following cases:
(1) When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person.
(2) When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous, or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein.
(3) When committed in the lawful defense of such person, or of a spouse, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he or she was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed.
(4) When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.
(Amended by Stats. 2016, SB 1005, Ch. 50, Sec. 67. Effective January 1, 2017.)

PC§ 198.5. Use of Deadly Force to Protect Home; Presumption
Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant or substantial physical injury.

KEY TERMS

• 10th amendment

• 14th amendment

• 1st amendment

• 2nd amendment

• 4th amendment

• 5th amendment

• 6th amendment

• 8th amendment

• Civil Liability

• Criminal law

• Criminal Liability

• Executive branch

• Judicial branch

• Judicial Review

• Legislative branch

• PC§ 196.

• PC§ 835a.

• Preamble

Videos

Tulsa Police Officer Betty Shelby

• https://www.youtube.com/watch?v=coXkSfqAR0Q&t=20s (Links to an external site.)Links to an external site.

• https://www.youtube.com/watch?v=yL2mLTqc5Dg&t=351s (Links to an external site.)Links to an external site.

• https://www.youtube.com/watch?v=CUYd2HvuDO4 (Links to an external site.)Links to an external site.

• https://www.youtube.com/watch?v=t_FRII4bX8c (Links to an external site.)Links to an external site.

• https://www.youtube.com/watch?v=rm3uDDc_m4M&t=42s (Links to an external site.)Links to an external site.

St. Anthony Jeronimo Yanez

• https://www.youtube.com/watch?v=5WLhEnsAF0Q (Links to an external site.)Links to an external site.

• https://www.youtube.com/watch?v=QgXG5t0STx8 (Links to an external site.)Links to an external site.

• https://www.youtube.com/watch?v=7L_YLvN3QGI (Links to an external site.)Links to an external site.

• https://www.youtube.com/watch?v=ItRlXfxdkkI (Links to an external site.)Links to an external site.

• https://www.youtube.com/watch?v=TB-ucxtH4cI (Links to an external site.)Links to an external site.

The Young Turks on Philando Castle Shooting

• https://www.youtube.com/watch?v=cxyQtvv_1i8 (Links to an external site.)Links to an external site.

• https://www.youtube.com/watch?v=hZ3dzffVZAI (Links to an external site.)Links to an external site.

• https://www.youtube.com/watch?v=X7Q5D_nHP6s (Links to an external site.)Links to an external site.

Joe Horn Shooting

• https://www.youtube.com/watch?v=LLtKCC7z0yc (Links to an external site.)Links to an external site.

Articles

LASD Sheriff Lee Baca

• http://www.npr.org/2017/03/16/520358290/former-la-county-sheriff-lee-baca-convicted-in-jail-corruption-case (Links to an external site.)Links to an external site.

• http://www.latimes.com/local/lanow/la-me-baca-sentenced-jail-sheriff-corruption-20170512-story.html (Links to an external site.)Links to an external site.

• http://www.latimes.com/local/lanow/la-me-baca-sentenced-jail-sheriff-corruption-20170512-story.html (Links to an external site.)Links to an external site.

• http://www.latimes.com/local/lanow/la-me-ln-baca-verdict-20170314-story.html (Links to an external site.)Links to an external site.

Under Sheriff Tanaka and others

• https://statelymcdanielmanor.wordpress.com/2017/05/10/comey-out-rule-of-law-in/ (Links to an external site.)Links to an external site.

• https://www.lawfareblog.com/rule-law-implications-comey-testimony-and-kasowitz-defense (Links to an external site.)Links to an external site.

• https://sandiegofreepress.org/2017/05/comey-firing-is-an-assault-on-the-rule-of-law/ (Links to an external site.)Links to an external site.

• https://www.bloomberg.com/view/articles/2017-05-10/comey-s-firing-is-a-crisis-of-american-rule-of-law (Links to an external site.)Links to an external site.

• http://fortune.com/2017/05/11/james-comey-fired-donald-trump-rule-of-law/ (Links to an external site.)Links to an external site.

Weeks v U.S., Wolf v Colorado, Mapp v Ohio

• https://en.wikipedia.org/wiki/Mapp_v._Ohio (Links to an external site.)Links to an external site.

• https://www.oyez.org/cases/1960/236 (Links to an external site.)Links to an external site.

• https://www.law.cornell.edu/supremecourt/text/367/643 (Links to an external site.)Links to an external site.

• https://en.wikipedia.org/wiki/Gideon_v._Wainwright (Links to an external site.)Links to an external site.

• https://www.oyez.org/cases/1962/155 (Links to an external site.)Links to an external site.

• https://www.oyez.org/cases/1995/95-5841 (Links to an external site.)Links to an external site.

• http://academic.udayton.edu/race/03justice/s98oday.htm (Links to an external site.)Links to an external site.

The Young Turks on Philando Castle Shooting

• https://www.nytimes.com/2017/06/20/us/police-shooting-castile-trial-video.html (Links to an external site.)Links to an external site.

Amy Prien

• http://articles.latimes.com/2003/jan/20/local/me-methmom20 (Links to an external site.)Links to an external site.

• http://articles.latimes.com/2006/sep/19/local/me-meth19 (Links to an external site.)Links to an external site.

Dr. Conrad Murray

• https://en.wikipedia.org/wiki/California_v._Murray (Links to an external site.)Links to an external site.

Officer Johanes Meserle

• https://en.wikipedia.org/wiki/Shooting_of_Oscar_Grant (Links to an external site.)Links to an external site.

• http://www.nbcnews.com/id/43376251/ns/us_news-crime_and_courts/t/ex-bart-officer-johannes-mehserle-released-after-months-prison/#.WVqyJYirphF (Links to an external site.)Links to an external site.

Andrew Gallo

• http://www.ocregister.com/2010/12/23/driver-gets-51-years-to-life-for-adenhart-death/ (Links to an external site.)Links to an external site.

Olivia Culbreath

• http://www.latimes.com/topic/crime-law-justice/crime/olivia-culbreath-PEOCVC00343-topic.html (Links to an external site.)Links to an external site.

• http://www.pe.com/2017/01/06/fontana-woman-accused-of-killing-six-in-wrong-way-crash-on-60-wants-blood-evidence-thrown-out/ (Links to an external site.)Links to an external site.

• http://www.dailybulletin.com/general-news/20170303/judge-blood-evidence-is-in-for-trial-against-alleged-wrong-way-driver-accused-of-killing-6 (Links to an external site.)Links to an external site.

Aggravated Mayhem

• http://www.latimes.com/local/lanow/la-me-ln-woman-who-cut-off-husbands-penis-gets-life-in-prison-20130628-story.html (Links to an external site.)Links to an external site.

• http://www.nydailynews.com/news/national/calif-man-describes-night-wife-cut-penis-put-garbage-d

CHAPTER 2 - Criminal law; principles and elements-2

Summary

Laws are set so that society has a guiding principle to live by which shows based on what society as a whole has outlined to be the acceptable conduct. This chapter outlines the specific laws governing certain crimes as well as punishment that may come from the act of committing such crimes.

Evolution of Law

Miscegenation

Illegal for Interracial Marriages

Loving v Virginia

• https://en.wikipedia.org/wiki/Loving_v._Virginia (Links to an external site.)Links to an external site.

• https://www.law.cornell.edu/supremecourt/text/388/1 (Links to an external site.)Links to an external site.

• https://www.oyez.org/cases/1966/395 (Links to an external site.)Links to an external site.

Define, describe, and demonstrate

Criminal law: Statutes, which are created by legislative, elected bodies, which define illegal acts against society and prescribe penalties for the harm that results from the performed act.

Homicide, an act of violence: The killing of a human by a human. It can be defined on one side as justifiable, in self-defense.

For example: Joe Horn case—Pasadena Texas, Bernard Goetz—NY subway shooter, and most recently George Zimmerman.

Or criminal—murder: The unlawful killing of a human being or fetus with malice aforethought—willful, deliberate, and premeditated.

Common law: Derived from the customs of society, female genitalia incision, or judicial precedent, judge made law.

Burglary: Breaking and entry into a structure with intent on theft, commonly occurring at night time.

Statutory law: Statutes created by an elected body of people—the California state legislature consisting of an assembly and a senate.

Burglary: The entry of a person into a structure with intent to steal or commit a felony. Under statutory law, if the structure is classified as an inhabited dwelling, the suspect/defendant has committed a first degree burglary and will be sentenced to state prison for 2, 4, or 6 years. Cannot be placed on probation or lesser sentence without an entry into the court transcript as to why.

Burglary in California is designated as a specific intent crime.

Federal law: Legal statutes created by Congress; the House of Representatives and Senate, which designates federal criminal offenses. Example: The Alfred P. Murrah federal building bombing, Oklahoma City, Oklahoma on April 19, 1955 which resulted in 168 deaths, perpetrated by Timothy McVeigh and Terry Nichols. McVeigh was tried for Capital murder in a change of venue move to Denver, Colorado for which he received the death penalty and the trial had a cost of $13 million. His coconspirators Terry Nichols was tried in Oklahoma and received a life sentence for his part in the criminal law violation.

State law: Legal statutes created by a state constituted elected body—California

Criminal threats, formerly known as Terrorist threats.

C§ 422. Criminal Threats; Punishment

1. Any person, who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed 1 year, or by imprisonment in the state prison.

2. For purposes of this section, “immediate family” means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior 6 months, regularly resided in the household.

3. “Electronic communication device” includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.

Local ordinances: Statutes created by a local body of elected officials; city council/board of supervisors.

Jaywalking: Crossing a designated street outside of the designated pedestrian walkway against the traffic signal which can cause death or great bodily injury to the offender or the vehicle driver who is attempting to avoid a collision.

Felonies: Punishment for crimes whose intended punishment is incarceration of state prison. However, California, in July 2011, as a result of a SCOTUS order to reduce state prison population by 30,000–40,000 persons, created AB 109 State of California prison realignment act and designated categories of Serious and Violent felonies, and nonserious and violent felonies called the three NONS. The more serious/violent offenders were incarcerated in state prison, and the nonserious/violent offenders were remained in local custody after a guilty verdict and sentencing. An inmate inducement would be 50% good-time credits for exhibiting positive behavior change.

Misdemeanors: Less serious criminal violations normally resulting in local probation, community service, mandated enrollment, and attendance on certain offenders for behavior modification such as alcohol, drugs, anger management, or shortened, reduced sentences to open beds for more serious offenders.

Infractions: Criminal violations of a minor nature generally resulting in a monetary fine and no incarceration.

Parking tickets:

The concept of preemption is that the federal law preempts state law and state law preempts local ordinances.

Roy Utah, several years ago, passed a local ordinance that local residents must purchase and possess a weapon for self-defense; however, the state of Utah already had such a law.

• http://www.ksl.com/?sid=23777279 (Links to an external site.)Links to an external site.

Actus Reus: Voluntary act of criminal offense commission.

Mens Rea: State of mind, thought which the suspect/defendant demonstrated when committing the criminal offense.

Mala in se: Crimes that are inherently wrong, evil—murder, rape, etc.

Mala prohibitum: Crimes which are prohibited by law.

Intent: General, specific, and transferred (constructive).

Crimes of commission: Intentionally, voluntarily committed crimes—murder, burglary, etc.

Crimes of Omission: Acts, duties, responsibilities—willful and deliberately not carried out by a person to whom those acts, duties, responsibilities are entrusted.

PC§ 270. Failure to Provide for Minor Child

If a parent of a minor child willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter, medical attendance, or other remedial care for his or her child, he or she is guilty of a misdemeanor punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding 1 year, or by both such fine and imprisonment. If a court of competent jurisdiction has made a final adjudication in either a civil or a criminal action that a person is the parent of a minor child and the person has notice of such adjudication, he or she then willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter, medical attendance, or other remedial care for his or her child, this conduct is punishable by imprisonment in the county jail not exceeding 1 year or in a state prison for a determinate term of 1 year and 1 day, or by a fine not exceeding two thousand dollars ($2,000), or by both such fine and imprisonment. This statute shall not be construed so as to relieve such parent from the criminal liability defined herein for such omission merely because the other parent of such child is legally entitled to the custody of such child nor because the other parent of such child or any other person or organization voluntarily or involuntarily furnishes such necessary food, clothing, shelter, medical attendance, or other remedial care for such child or undertakes to do so.

Parties to Crime: principals and accessories.

• Actus Reus

• Burglary

• Common Law

• Criminal Law

• Federal Law

• Homicide

• Intent

• Loving v. Virginia

• Mala in se

• Mala Prohibitum

• Mens Rea

• Murder

• Pre-emption

• State Law

• Statutory Law

Articles

Whren v U.S.

• https://www.oyez.org/cases/1995/95-5841 (Links to an external site.)Links to an external site.

Atwater v Lago Vista

• https://en.wikipedia.org/wiki/Atwater_v._City_of_Lago_Vista (Links to an external site.)Links to an external site.

• https://www.oyez.org/cases/2000/99-1408 (Links to an external site.)Links to an external site.

• https://www.law.cornell.edu/supct/html/99-1408.ZS.html (Links to an external site.)Links to an external site.

Proposition 2

• https://ballotpedia.org/California_Proposition_22,_Limit_on_Marriages_(2000) (Links to an external site.)Links to an external site.

Proposition 8

• https://ballotpedia.org/California_Proposition_8,_the_%22Eliminates_Right_of_Same-Sex_Couples_to_Marry%22_Initiative_(2008) (Links to an external site.)Links to an external site.

• https://www.law.cornell.edu/constitution/amendmentxiv (Links to an external site.)Links to an external site.

BOWERS v HARDWICK

https://en.wikipedia.org/wiki/Bowers_v._Hardwick (Links to an external site.)Links to an external site.

https://www.law.cornell.edu/supremecourt/text/478/186 (Links to an external site.)Links to an external site.

https://www.oyez.org/cases/1985/85-140 (Links to an external site.)Links to an external site. 

Lawrence, Garner v Texas

• https://en.wikipedia.org/wiki/Lawrence_v._Texas (Links to an external site.)Links to an external site.

• https://www.oyez.org/cases/2002/02-102 (Links to an external site.)Links to an external site.

• https://www.law.cornell.edu/supct/html/02-102.ZS.html (Links to an external site.)Links to an external site.

Massachusetts Law - Same Sex Marriage

• https://en.wikipedia.org/wiki/Same-sex_marriage_in_Massachusetts (Links to an external site.)Links to an external site.

• https://en.wikipedia.org/wiki/Goodridge_v._Department_of_Public_Health (Links to an external site.)Links to an external site.

• http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/gaymarriage.html (Links to an external site.)Links to an external site.

• http://www.msnbc.com/msnbc/ten-years-ago-massachusetts-introduced-us-gay-marriage (Links to an external site.)Links to an external site.

Elizabeth Smart

• https://en.wikipedia.org/wiki/Elizabeth_Smart (Links to an external site.)Links to an external site.

• https://en.wikipedia.org/wiki/Elizabeth_Smart_kidnapping (Links to an external site.)Links to an external site.

• http://www.nbcnews.com/news/other/i-was-broken-beyond-repair-elizabeth-smart-recalls-kidnapping-ordeal-f8C11336267 (Links to an external site.)Links to an external site.

• http://www.nbcnews.com/news/us-news/elizabeth-smart-her-captivity-pornography-made-my-living-hell-worse-n635066 (Links to an external site.)Links to an external site.

Samantha Runnion

• https://en.wikipedia.org/wiki/Murder_of_Samantha_Runnion (Links to an external site.)Links to an external site.

• https://patch.com/california/lakeelsinore-wildomar/10-years-later-the-brutal-killing-of-samantha-runnion (Links to an external site.)Links to an external site.

• http://www.latimes.com/local/lanow/la-me-ln-death-penalty-upheld-for-samantha-runnions-killer-20140630-story.html (Links to an external site.)Links to an external site.

CHAPTER 3 - Due Process; 5th and 14th amendments, person / state-2

Summary

In all criminal proceedings, the person being suspected of a crime has the right to due process, meaning that each person has a right to go through every legal step that needs to be taken in order to prove any type of guilt or innocence. This chapter outlines the specific amendments that deal with due process as well as which consequences may occur when the correct steps in due process are overlooked or completely dismissed.

Due Process is the applying of fair, legal and constitutional procedures to a person who is a defendant within the American criminal justice system where either criminal or civil liability is a consequence of their actions; the implementation of acts which lead to criminal harm

Two primary constitutional amendments apply;

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation in general.

Specifically - nor be deprived of life, liberty, or property, without due process of law.

• https://www.law.cornell.edu/wex/fifth_amendment (Links to an external site.)Links to an external site.

14th Amendment

Section 1

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws in general.

Specifically - nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws in general.

• https://www.law.cornell.edu/constitution/amendmentxiv (Links to an external site.)Links to an external site.

Generally this applies to the criminal law process from the initiation of  a criminal charging from police officer investigation and charging, which is then given to the county district attorney for review and complaint filing in the county Superior Court for arraignment, preliminary hearing, pre trial motions, trial (jury or court), deliberations, verdict, sentencing and post release matters.

Emphasis on

No person

Capital crimes

Grand jury.

Double jeopardy/when does jeopardy attach?

Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;

Jury trial

Court trial

Self-incrimination

Nor shall be compelled in any criminal case to be a witness against himself,

Due process

Nor be deprived of life, liberty, or property, without due process of law; Eminent domain.

Nor shall private property be taken for public use, without just compensation

THE EXCLUSIONARY RULE—meaning and application

• 5th amendment

• Court Trial

• Double Jeopardy

• Due Process

• Exclusionary Rule

• Jeopardy attaches

• Jury Trial

• Self Incrimination

Articles

Whren v U.S.

• https://www.oyez.org/cases/1995/95-5841 (Links to an external site.)Links to an external site.

Atwater v Lago Vista

• https://en.wikipedia.org/wiki/Atwater_v._City_of_Lago_Vista (Links to an external site.)Links to an external site.

• https://www.oyez.org/cases/2000/99-1408 (Links to an external site.)Links to an external site.

• https://www.law.cornell.edu/supct/html/99-1408.ZS.html (Links to an external site.)Links to an external site.

Proposition 2

• https://ballotpedia.org/California_Proposition_22,_Limit_on_Marriages_(2000) (Links to an external site.)Links to an external site.

Proposition 8

• https://ballotpedia.org/California_Proposition_8,_the_%22Eliminates_Right_of_Same-Sex_Couples_to_Marry%22_Initiative_(2008) (Links to an external site.)Links to an external site.

• https://www.law.cornell.edu/constitution/amendmentxiv (Links to an external site.)Links to an external site.

Lawrence, Garner v Texas

• https://en.wikipedia.org/wiki/Lawrence_v._Texas (Links to an external site.)Links to an external site.

• https://www.oyez.org/cases/2002/02-102 (Links to an external site.)Links to an external site.

• https://www.law.cornell.edu/supct/html/02-102.ZS.html (Links to an external site.)Links to an external site.

Massachusetts Law - Same Sex Marriage

• https://en.wikipedia.org/wiki/Same-sex_marriage_in_Massachusetts (Links to an external site.)Links to an external site.

• https://en.wikipedia.org/wiki/Goodridge_v._Department_of_Public_Health (Links to an external site.)Links to an external site.

• http://www.mass.gov/courts/case-legal-res/law-lib/laws-by-subj/about/gaymarriage.html (Links to an external site.)Links to an external site.

• http://www.msnbc.com/msnbc/ten-years-ago-massachusetts-introduced-us-gay-marriage (Links to an external site.)Links to an external site.

Elizabeth Smart

• https://en.wikipedia.org/wiki/Elizabeth_Smart (Links to an external site.)Links to an external site.

• https://en.wikipedia.org/wiki/Elizabeth_Smart_kidnapping (Links to an external site.)Links to an external site.

• http://www.nbcnews.com/news/other/i-was-broken-beyond-repair-elizabeth-smart-recalls-kidnapping-ordeal-f8C11336267 (Links to an external site.)Links to an external site.

• http://www.nbcnews.com/news/us-news/elizabeth-smart-her-captivity-pornography-made-my-living-hell-worse-n635066 (Links to an external site.)Links to an external site.

Samantha Runnion

• https://en.wikipedia.org/wiki/Murder_of_Samantha_Runnion (Links to an external site.)Links to an external site.

• https://patch.com/california/lakeelsinore-wildomar/10-years-later-the-brutal-killing-of-samantha-runnion (Links to an external site.)Links to an external site.

• http://www.latimes.com/local/lanow/la-me-ln-death-penalty-upheld-for-samantha-runnions-killer-20140630-story.html (Links to an external site.)Links to an external site.