Intro3


	LAW � A RULE OF CONDUCT � ARRIVED AT POLITICALLY � AS A MEANS OF SOCIAL CONTROL TYPES OF LAW (MOST IMPORTANT) � CASE LAW (MORE FOLLOWS) � CIVIL LAW � CRIMINAL LAW CASE LAW � JUDICIAL INTERPRETATIONS OF LAW � ALSO KNOWN AS "PRECEDENT" � STARE DECISIS MEANS "STAND BY DECIDED MATTERS" � CASE LAW MAY BE CRIMINAL OR CIVIL OR PROCEDURAL CIVIL LAW � GOVERNS RELATIONSHIPS BETWEEN PARTIES � VIOLATION IS A "TORT" � CANNOT BE ARRESTED (ONLY SUED) � CANNOT BE JAILED (ONLY PUNISHMENT IS MONEY OR PROPERTY) � TO WIN, "A PREPONDERANCE OF THE EVIDENCE" � PUBLIC PROSECUTORS NOT INVOLVED CRIMINAL LAW � OFFENSES AGAINST SOCIETY � TRUE VICTIM IS SOCIETY � PUBLIC PROSECUTORS MAY PURSUE CASE EVEN IF INJURED PARTY DECLINES PROSECUTION � PUNISHMENTS INCLUDE FINES, IMPRISONMENT, DEATH CATEGORIES OF CRIME � FELONIES (MORE FOLLOWS) � MISDEMEANORS � OFFENSES ("INFRACTIONS" IN CALIF.) FELONIES � CRIMES FOR WHICH YOU CAN BE SENT TO PRISON (MORE THAN A YEAR) OR EXECUTED MISDEMEANORS � CRIMES FOR WHICH YOU CAN BE SENT TO JAIL (A YEAR OR LESS) OR FINED OR BOTH OFFENSES (INFRACTIONS) � CRIMES FOR WHICH YOU MAY BE FINED ONLY � USUALLY NOT "ARRESTABLE" FEATURES OF CRIMES � CRIMINAL ACT (MORE FOLLOWS) � GUILTY MIND � CONCURRENCE � CAUSATION � HARM � LEGALITY � PUNISHMENT CRIMINAL ACT � ACTUS REUS � USUALLY A VOLUNTARY ACT � NOT MERELY BEING SOMETHING � INCLUDES AN OMISSION TO ACT � INCLUDES ATTEMPTED ILLEGAL ACTIVITY GUILTY MIND � MENS REA � THE MENTAL STATE OR "INTENT" � ACCIDENT VERSUS CRIME � INCLUDES NEGLIGENCE � INCLUDES SHOULD HAVE KNOWN BETTER � STRICT LIABILITY CRIMES CONCURRENCE � THE ACT AND INTENT MUST OCCUR TOGETHER � BURGLARY VERSUS SHOPLIFTING � THE PLUMBER'S WIFE CAUSATION � ACTION OF THE ACCUSED MUST HAVE CAUSED HARM TO THE VICTIM HARM � GENERALLY, NO HARM = NO CRIME � "VICTIMLESS" CRIMES ARE EXCEPTIONS LEGALITY � ACTS MUST BE AGAINST SPECIFIC LAWS � NO EX POST FACTO CRIMES PUNISHMENT � NO CRIME IF NO PUNISHMENT PRESCRIBED DEFENSES TO CRIMES � ALIBIS (MORE ON EACH) � JUSTIFICATIONS � EXCUSES � PROCEDURAL DEFENSES ALIBIS � ANYTHING PROVING THE DEFENDANT COULD NOT HAVE DONE THE CRIME JUSTIFICATION DEFENSES � THE ACCUSED DID THE ACT, BUT THERE WAS A GOOD REASON JUSTIFICATIONS INCLUDE: � SELF-DEFENSE (MORE FOLLOWS ON EACH) � DEFENSE OF OTHERS � DEFENSE OF HOME AND PROPERTY � NECESSITY � CONSENT � RESISTING UNLAWFUL ARREST SELF-DEFENSE � GENERALLY DOESN'T EXIST WHERE THERE IS A "PATH OF RETREAT" (EXCEPT AT HOME) � FORCE MUST BE PROPORTIONAL � DEADLY FORCE OK ONLY IF POTENTIALLY DEADLY FORCE USED AGAINST YOU � THREAT MUST BE REAL, PHYSICAL AND IMMEDIATE DEFENSE OF OTHERS � SAME RULES AS SELF-DEFENSE DEFENSE OF HOME AND PROPERTY � NOT PROTECTION OF SELF IN HOME (SEE SELF-DEFENSE), BUT PROTECTION OF YOUR PROPERTY � DEADLY FORCE NEVER ACCEPTABLE � BOOBY TRAPS ALWAYS ILLEGAL NECESSITY � MINOR ILLEGAL ACTION NECESSARY TO PREVENT GREATER HARM � DOESN'T EXIST IF OTHER LEGAL ACTIONS AVAILABLE CONSENT � WHY SURGERY, PIERCING, ROUGH SEX, KARATE LESSONS AND FOOTBALL ARE LEGAL � ONLY TRULY VOLUNTARY CONSENT COUNTS � LACK OF PROTEST IS NOT CONSENT � THE DIFFICULTY IN DATE RAPE RESISTING UNLAWFUL ARREST � ARREST MUST BE UNLAWFUL (NOT JUST THAT YOU DIDN'T DO THE CRIME) � MUST INVOLVE UNLAWFUL FORCE EXCUSE DEFENSES � THE ACCUSED NOT LEGALLY RESPONSIBLE EXCUSES INCLUDE: � DURESS (MORE FOLLOWS ON EACH) � AGE � MISTAKE � INVOLUNTARY INTOXICATION � UNCONSCIOUSNESS � PROVOCATION � INSANITY DURESS � ACTS DONE UNDER THREATS AGE � CHILDREN UNDER 7 GENERALLY CANNOT BE CHARGED WITH CRIMES � UNDER 14, THERE IS A REBUTTABLE PRESUMPTION OF INNOCENCE � IN CALIFORNIA, CHILDREN UNDER 14 CANNOT BE TRIED AS ADULTS MISTAKE � IGNORANCE OF THE LAW IS USUALLY NOT A DEFENSE � MISTAKE OF FACT IS A DEFENSE INVOLUNTARY INTOXICATION � INCLUDES CRIMINAL ACTS WHILE INVOLUNTARILY INTOXICATED ONLY � IF YOU SHOULD HAVE KNOWN BETTER, THIS WON'T WORK � THE STRANGE CASE OF CANDIDA ALBICANS YEAST UNCONSCIOUSNESS � UNCONSCIOUS OF ACTIONS � SLEEPWALKING, SEIZURE, SEVERE BRAIN MALFUNCTION PROVOCATION � AN INCOMPLETE DEFENSE � MAY REDUCE MURDER TO MANSLAUGHTER INSANITY � NO CLEAR-CUT UNDERSTANDING FIVE DIFFERENT TESTS OF INSANITY IN DIFFERENT JURISDICTIONS, INCLUDING: � M'NAGHTEN (MORE ON EACH FOLLOWS � IRRESISTIBLE IMPULSE TEST � DURHAM RULE � SUBSTANTIAL CAPACITY TEST � BRAWNER RULE M'NAGHTEN (SOMETIMES SPELLED "McNAUGHTON") RULE � CALIFORNIA'S TEST � YOU'RE INSANE OF YOU DIDN'T KNOW RIGHT FROM WRONG ... � AT TIME OF THE CRIME... � BECAUSE OF A MENTAL DISEASE OR DEFECT IRRESISTIBLE IMPULSE TEST � KNEW IT WAS WRONG, BUT COULDN'T HELP YOURSELF DURHAM RULE � NOT CRIMINALLY RESPONSIBLE IF BEHAVIOR IS THE RESULT OF A MENTAL DISEASE OR DEFECT SUBSTANTIAL CAPACITY TEST � THE LACK OF SUBSTANTIAL CAPACITY TO CONTROL YOUR BEHAVIOR BRAWNER RULE � ASKS JURY IF DEFENDANT CAN BE JUSTLY RESPONSIBLE TEMPORARY INSANITY � IF JURY AGREES, MAY ONLY BE HELD FOR 90 DAYS OBSERVATION IN CALIF. DIMINISHED CAPACITY � CLAIMS OF A MENTAL CONDITION LESS THAN INSANITY � NOT A DEFENSE IN CALIFORNIA � BUT MAY BE CONSIDERED AT SENTENCING PROCEDURAL DEFENSES � ENTRAPMENT (MORE FOLLOWS ON EACH) � DOUBLE JEOPARDY � COLLATERAL ESTOPPEL � SELECTIVE PROSECUTION � DENIAL OF SPEEDY TRIAL � PROSECUTORIAL MISCONDUCT � POLICE FRAUD ENTRAPMENT � NOT MERE POLICE TRICKERY OR DECEIT � LAW ENFORCEMENT MUST CREATE A CRIMINAL FROM A LAW-ABIDING CITIZEN DOUBLE JEOPARDY � NOT BEING TRIED TWICE FOR THE SAME CRIME � CAN BE TRIED TWICE IF NO DECISION THE FIRST TIME � CAN BE TRIED TWICE IF SEPARATE CRIMINAL JURISDICTIONS INVOLVED � CAN BE TRIED TWICE IF FIRST CONVICTION OVERTURNED ON APPEAL � CAN BE TRIED TWICE OF ONE TRIAL IS CIVIL COLLATERAL ESTOPPEL � EXPLAINS THE LIMITS OF DOUBLE JEOPARDY � CANNOT BE TRIED AGAIN AFTER ACQUITTAL... � ON SAME CIRCUMSTANCES WITH NEW CHARGE SELECTIVE PROSECUTION � CLAIMS ONLY BEING PROSECUTED BECAUSE OF RACE, GENDER, AGE, ETC. DENIAL OF SPEEDY TRIAL � LIMITS ON LENGTH OF TIME BETWEEN ARREST AND TRIAL ARE STATUTORY � DEFENSE CAN WAIVE RIGHT TO SPEEDY TRIAL PROSECUTORIAL MISCONDUCT � PROSECUTORS TAKE UNFAIR ADVANTAGE... � SUCH AS WITHHOLDING EVIDENCE, COACHING WITNESSES, ETC. POLICE FRAUD � NOT SUCCESSFUL UNTIL THE O.J. SIMPSON TRIAL � SUGGESTS POLICE PLANTED EVIDENCE OR LIED � WORKS BEST WHERE POLICE ARE LARGELY MISTRUSTED INNOVATIVE DEFENSES � NEW, CREATIVE STRATEGIES NOT GENERALLY ACCEPTED (YET) INNOVATIVE DEFENSES INCLUDE: � ABUSE DEFENSE (MORE FOLLOWS ON EACH) � PREMENSTRUAL SYNDROME � OTHER BIOLOGICAL DEFENSES � BLACK RAGE � URBAN SURVIVAL SYNDROME ABUSE DEFENSE � USUALLY "THE BATTERED WOMAN'S SYNDROME" � BATTERED IN THE PAST, BATTERING IN THE FUTURE EXPECTED � HARMING THE BATTERER WHILE NOT CURRENTLY BEING BATTERED (THEREFORE NOT SELF-DEFENSE) PREMENSTRUAL SYNDROME � AS WITH MOST HORMONAL DEFENSES (INCLUDING EXCESSIVE TESTOSTERONE) NOT GENERALLY ACCEPTED � POST-PARTUM DEPRESSION SOMETIMES SUCCESSFUL OTHER BIOLOGICAL DEFENSES � INCLUDES CHEMICAL IMBALANCES, LEGAL STIMULANTS � MORE EXPECTED IN FUTURE BLACK RAGE � CLAIMS MISTREATMENT BY SOCIETY EXCUSES CRIMINAL ACTS � TRIED ONCE UNSUCCESSFULLY � NOT MEDICALLY RECOGNIZED URBAN SURVIVAL SYNDROME � A PREEMPTIVE STRIKE AGAINST YOUR ENEMIES... � NOT MEDICALLY RECOGNIZED

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