� CREATED BY JUDGES IN ENGLAND
� FOLLOWING LOCAL CUSTOMS
� THE SOURCE OF OUR LEGAL THINKING
EFFECTS OF COMMON LAW TODAY
� ALL STATES EXCEPT LOUISIANA HAD A COMMON LAW HERITAGE
� TODAY, THERE ARE NO COMMON LAW CRIMES IN CALIFORNIA
SOURCES OF CRIMINAL LAW (MORE FOLLOWS ON EACH)
� CONSTITUTIONS
� STATUTES
� COURT DECISIONS (CASE LAW)
CONSTITUTIONS
� THE STATE CONSTITUTION MIRRORS THE U.S. CONSTITUTION
� THEY DEFINE AND LIMIT THE POWERS OF GOVERNMENT
� AND ESTABLISH AND MAINTAIN COURTS
STATUTES
� LAWS PASSED BY VOTERS (USING THE INITIATIVE PETITION OR PROPOSITION)
� AND LAWS PASSED BY LEGISLATURES (STATE AND FEDERAL)
� IN CALIF., CONTAINED IN 40 CODES
COURT DECISIONS
� INTERPRET THE STATUTORY LAWS
� WITHIN LIMITS ESTABLISHED BY CONSTITUTIONS
� WITHIN INTENT OF THE PEOPLE (IF PROPOSITION) OR LEGISLATURE (IF STATUTE)
STARE DECISIS
� PRECEDENT
� FOR CONSISTENCY, COURTS GENERALLY FOLLOW PAST DECISIONS
� COURTS MAY DEPART FROM PRECEDENT
� IF THE COURT IS AS HIGH AS THE COURT WHICH SET THE PRECEDENT
STATUTE OF LIMITATIONS
� A TIME LIMIT ON WHEN PROSECUTION CAN BE COMMENCED
� EITHER FROM THE TIME THE CRIME WAS COMMITTED OR DISCOVERED
WHEN PROSECUTION HAS COMMENCED
� THERE IS NO STATUTE OF LIMITATIONS IF THERE HAS BEEN:
� A GRAND JURY INDICTMENT
� A CRIMINAL CHARGE FILED
� AN ARREST WARRANT
EFFECT OF LEAVING THE STATE
� IF THE DEFENDANT LEAVES THE STATE
� THE STATUTE OF LIMITATIONS DOES NOT RUN FOR THREE YEARS
� THEN THE CLOCK STARTS
� WHETHER OR NOT THE DEFENDANT IS IN THE STATE
THE STATUTE OF LIMITATIONS
� 1 YEAR FOR MOST MISDEMEANORS
� 2 YRS. FOR MISD. CHILD MOLESTING
� 3 YRS. AFTER COMMISSION FOR MOST FELONIES
� 3 YRS. AFTER DISCOVERY FOR SOME
THE STATUTE OF LIMITATIONS
� 6 YEARS FOR SOME VERY SERIOUS FELONIES (PUNISHABLE BY >8 YRS.)
� 10 YRS. FOR KIDNAP AND FORCIBLE SEX CRIMES
� FOR SEX CRIMES AGAINST CHILDREN- 1 YR. FROM REPORT
CASE CITATIONS
� IN PEOPLE v. WEAVER, 44 Cal.App.4th 154
� �44� REFERS TO THE VOLUME OF THE REPORTER
� �Cal.App.� REFERS TO THE NAME OF THE REPORTER
� �4th� REFERS TO THE SERIES
� �154� REFERS TO THE PAGE
THE CONCEPT OF PREEMPTION
� IF THE STATE FULLY OCCUPIES AN AREA OF LAW,
� LOCAL AUTHORITIES MAY NOT MAKE LAWS CONCERNING THAT AREA OF LAW
EX POST FACTO LAWS
� NO �AFTER THE FACT� LAWS ALLOWED
� LAW IN EFFECT AT THE TIME OF THE CRIME (NOT THE TIME OF PROSECUTION) GOVERNS
CRIMES
PUNISHABLE BY FINES, IMPRISONMENT OR DEATH
ARREST STARTS PROCESS
PROSECUTED BY THE PEOPLE
PROOF BEYOND A REASONABLE DOUBT
ENTRAPMENT IS A DEFENSE
EXCLUSIONARY RULE APPLIES
MIRANDA GOVERNS CONFESSIONS
NO HEARSAY
TORTS
PUNISHED BY MONETARY DAMAGES ONLY
CANNOT BE ARRESTED
INDIVIDUALS BRING ACTION
PROOF BY A PREPONDERANCE OF EVIDENCE
NO ENTRAPMENT DEFENSE
NO EXCLUSIONARY RULE
HEARSAY ADMISSIBLE
VENUE AND JURISDICTION
� VENUE HAS TO DO WITH LOCATION (�CHANGE OF VENUE� IS A CHANGE OF TRIAL�S LOCATION)
� JURISDICTION HAS TO DO WITH A COURT�S AUTHORITY (JUVENILE COURT HAS NO JURISDICTION OVER ADULTS)