CrimLaw2


	LANGUAGE OF CRIMINAL STATUTES � WHEN THERE ARE TWO POSSIBLE MEANINGS TO A STATUTE� � THE DEFENDANT GETS THE BENEFIT OF THE DOUBT VOID FOR VAGUENESS � IF A CRIMINAL STATUTE IS SO VAGUE OR INDEFINITE... � THAT DEFINITION OF A CRIME OR A STANDARD OF CONDUCT CANNOT BE ASCERTAINED... � THE STATUTE IS UNCONSTITUTIONAL LETTER OF THE LAW v. SPIRIT OF THE LAW � COMMON LAW FOLLOWED �LETTER OF THE LAW� � CALIFORNIA LAW IS NOT TO BE STRICTLY CONSTRUED � CALIFORNIA LAW TO BE ENFORCED ACCORDING TO THE �SPIRIT OF THE LAW� CONFLICTING LAWS � IF TWO LAWS ARE IN CONFLICT... � THE ONE PASSED LAST WILL PREVAIL � THIS IS NOT THE SAME AS THE CONCEPT OF PREEMPTION FELONY � ANY CRIME PUNISHABLE BY IMPRISONMENT IN STATE PRISON OR DEATH � ONLY CRIMES WITH SENTENCES OF MORE THAN A YEAR ARE PUNISHABLE BY IMPRISONMENT IN STATE PRISON MISDEMEANOR � ANY CRIME NOT A FELONY OR AN INFRACTION � INCLUDES CRIMES PUNISHABLE BY IMPRISONMENT FOR A YEAR OR LESS � EXCLUDES CRIMES PUNISHABLE BY FINE ONLY INFRACTION � CRIMES PUNISHABLE BY FINES ONLY � NO TRIAL BY JURY � NO PUBLIC DEFENDER �WOBBLERS� � A CRIME PUNISHABLE AS A FELONY OR MISDEMEANOR � IT�S A FELONY UNTIL REDUCED � FELONY ARREST LAWS APPLY REDUCING CRIMES � PROSECUTORS CAN REDUCE CRIMES FROM FELONIES TO MISDEMEANORS AND FROM MISDEMEANORS TO INFRACTIONS AT CHARGING � JUDGES CAN ALSO DO SO AT SENTENCING JURIES MAY DO SO FOR LESSER, INCLUDED CRIMES TOO PUNISHMENT FOR OFFENSES NOT OTHERWISE PRESCRIBED � MOST CRIMES HAVE PUNISHMENTS WRITTEN (PRESCRIBED) IN THE CRIME � SOME DO NOT � THEN THERE ARE STANDARDIZED PUNISHMENTS SPENDING MORE THAN A YEAR IN JAIL � POSSIBLE IF SENTENCED CONSECUTIVELY FOR AT LEAST TWO MISDEMEANORS � ALSO POSSIBLE BEFORE SENTENCING FOR A LONG TRIAL OR MORE THAN ONE TRIAL PROPOSITION 8 � �RELEVANT EVIDENCE SHALL NOT BE EXCLUDED� � CANNOT SUPERCEDE THE U.S. SUPREME COURT � BROUGHT CALIFORNIA COURTS IN LINE WITH FEDERAL SEARCH & SEIZURE RULES � PROTECTION OF THE PUBLIC, #1 PRIORITY IN SETTING BAIL � NO �OWN RECOGNIZANCE� RELEASE FOR ANYONE CHARGED WITH A SERIOUS FELONY � DIMINISHED CAPACITY DEFENSE ABOLISHED SERIOUS FELONIES � THIS IS THE LIST USED FOR �THREE STRIKES� � NOTE THAT SOME CRIMES ARE SERIOUS BUT NOT VIOLENT PETTY THEFT WITH A PRIOR � EVERY PERSON GUILTY OF ANY PREVIOUS THEFT... � AND SERVED TIME FOR IT � WHO COMMITS ANY NEW THEFT (EVEN PETTY THEFT) � IS GUILTY OF A FELONY �THREE STRIKES, YOU�RE OUT� � FIRST STRIKE MUST BE A SERIOUS OR VIOLENT FELONY � NORMAL SENTENCE � SECOND STRIKE MUST BE A SERIOUS OR VIOLENT FELONY � DOUBLE SENTENCE � THIRD STRIKE IS FOR ANY FELONY - 25 YEARS TO LIFE � MUST SERVE AT LEAST 80% OF 25 YEARS � COURTS GAVE THEMSELVES THE AUTHORITY TO EXCLUDE PREVIOUS STRIKES � STRIKES FROM OTHER STATES INCLUDED � FEDERAL CRIMES MAY BE CALIFORNIA STRIKES � JUVENILE "CONVICTIONS" MAY BE STRIKES LESSER INCLUDED OFFENSES � IF ONE CRIME IS LESSER AND INCLUDED IN ANOTHER CRIME � PUNISHMENT FOR BOTH WOULD BE DOUBLE JEOPARDY � EXAMPLE: YOU MUST COMMIT A THEFT TO COMMIT A ROBBERY � JURIES MAY FIND DEFENDANTS GUILTY OF LESSER INCLUDED CRIMES � EXAMPLE: A DEFENDANT CHARGED WITH FIRST DEGREE MURDER MAY BE CONVICTED OF SECOND DEGREE MURDER, A LESSER INCLUDED CHARGE

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