Transcript Slide 1

Chapter Four
The Law
Law Concepts
Common Law
Centers around tradition or customs. What
has been done previously becomes the basis
for same decision today.
Case Law
The decision or interpretation of a judge
in the original case becomes the standard
for identical cases in the future.
Statute Law
Laws passed by a law making body such
as the State Legislature
Act of Omission
• An act of omission signifies that an individual
failed to do something that was required by
law
• Failure to report child abuse
• Requiring your children to attend school
• Failure to signal
Act of Commission
• An act of commission means that an individual
has carried out a physical act which is a
violation of the law.
• Murder
• Assault
• Theft
Utah Code Annotated (UCA)
• Utah law book produced by the Utah
Legislature in 1953.
• Revised annually as the Legislature meets
and enacts new laws.
• Statutory law for the State of Utah
• Numbering system – Title, Chapter,
Section
General Provisions
• Jurisdiction – the right or authority of a government
entity (city, county, state) within the state to hear a
case or conduct other court proceedings (executive
branch).
• Venue – the right of a county or district to prosecute
a criminal action, i.e. to determine the proper
location for a trial (judicial branch).
Judge orders change of venue
for teen sniper defendant
Peterson Change Of
Venue Motion Denied
Trial in fall will be moved to southeast Virginia
From Mike Ahlers
CNN
Trial To Stay In San Mateo County
May 11 (AP)
Peterson Defense Wants Change of Venue
Friday, April 23, 2004
Scott Peterson
(AP)
Change of Venue Rejected for Iraq Case
FOSTER KLUG
Associated Press
Statute of Limitations
• Time limitations as to how long the prosecution has
to begin judicial proceedings after a crime has been
committed.
• Capital Offense - None, prosecution can begin at any
time
• Felony – 4 years
• Misdemeanor – 2 years
• Infraction – 1 year
An Information
• Prosecution begins when an information is
filed. An information is a legal document
which is filed with the appropriate court
specifying what law a defendant has allegedly
violated and what proof exists.
Principles of Criminal Responsibility - Intent
• Intentionally
• Knowingly
• Intentionally and knowingly require proof of a guilty mind (mens
rea) and a guilty act (actus reus).
• Recklessly – Aware of but disregards substantial risk
• Negligently – Ought to be aware of substantial risk
• Traffic laws do not require intent
Elements of a Crime
• Each crime is composed of elements, each of
which must be proven in order for the
defendant to be found guilty.
• Elements of Theft
– Unauthorized control (actus reus)
– Property of another
– Intent to deprive
(mens rea)
Classification of Criminal Offenses
• Felony
• An offense punishable by a prison sentence.
• Misdemeanor
• An offense punishable by a jail sentence of up to one
year.
Capital Felony
• Death or life imprisonment. Two separate
hearings take place, one is to determine guilt
or innocence. The other to determine what
penalty should be imposed.
• Aggravated Murder
First Degree Felony
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5 years to life imprisonment
Murder
Aggravated Burglary
Aggravated Robbery
Aggravated Kidnapping
Rape
Second Degree Felony
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1 to 15 years imprisonment
Manslaughter
Kidnapping
Burglary of a Residence
Forcible Sexual Abuse
Robbery
Theft of item(s) in excess of $5000
Third Degree Felony
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0 to 5 years imprisonment
Theft of item(s) valued between $1000-$5000
Arson with intent to defraud insurer
Aggravated Assault
Class A Misdemeanor
• Up to one year in jail
• Vehicle burglary
• Theft of item(s) valued between $300-$1000
• Assault on a peace officer
Class B Misdemeanor
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Up to six months in jail
Assault
Criminal Trespass in a dwelling
Theft of item(s) valued at less than $300
Telephone harassment
Class C Misdemeanor
• Up to three months in jail
• Disorderly Conduct
(after a warning to stop)
• Criminal Trespass
• Most Traffic
Violations
Infraction
• No jail sentence
• Disorderly Conduct (where no warning has
occurred)
Inchoate Offenses
• An offense which has not been completed or
finished.
• Punishable one degree less than if the crime
had been completed
• Attempt
• Conspiracy
Attempt
• The offender began to commit the crime but was
unable to complete it.
• Need evidence that the defendant had engaged in
conduct which constituted a substantial step toward
the commission of the crime.
• Actions taken by defendant must clearly indicate the
intent to commit illegal act.
Conspiracy
• An agreement with one or more others
persons to commit a crime.
• One of those involved in the agreement must
then commit a covert act that would further
the conspiracy
Crimes Against Persons
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Criminal Homicide
Kidnapping
Rape
Assault
Criminal Homicide
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Aggravated Murder
Murder
Manslaughter
Negligent Homicide
Automobile Homicide
A judge or jury will decide what type of criminal
homicide has occurred
Kidnapping
• Intentionally restrains another for any period
of time
• Without authority of law
• Against the will of the victim
Rape
• A person commits rape when the actor has sexual
intercourse with another person without the victim’s
consent.
• In Utah, persons under the age of 14 cannot consent
as a matter of law.
• A person who is legally separated from a spouse is
considered to be unmarried.
Assault
• An attempt, with unlawful force or violence
• A threat, accompanied by a show of
immediate show of force or violence
• An act committed with unlawful force or
violence that causes a substantial risk of
bodily injury
Crimes Against Property
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Arson
Criminal Mischief
Burglary
Vehicle Burglary
Criminal Trespass
Robbery
Theft
Arson
• Damages property by means of fire or
explosives
Criminal Mischief
• Commonly known as vandalism
• Damages defaces or destroys property
• Tampers with property of another and thereby
recklessly endangers human life
Burglary
• Enters or remains unlawfully
• Building or portion of a building
• Intent to commit a felony, theft or
assault
Vehicle Burglary
• Unlawfully enters a vehicle
• Intent to commit a felony or theft
Criminal Trespass
• Enters or remains unlawfully on property
• Is reckless as to whether his presence will cause fear for
the safety of another
Robbery
• Unlawful and intentional taking
of property in possession of
another
• From person or immediate
presence
• Against his will
• Accomplished by means of
force or fear
• No weapon needed
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Theft
Unauthorized control
Property of another
Intent to deprive
Classification determined
by value of property
Crimes Against Government and Public Order
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Interfering with Arrest
Obstruction of Justice
False Report of a Crime
False Personal Information
Interfering With Arrest
• Having knowledge that a peace officer is
seeking to effect a lawful arrest and interferes
with such arrest by use of force or use of a
weapon.
Obstructing Justice
• With intent to hinder, prevent,
delay the discovery, apprehension, prosecution,
conviction or punishment:
• Warns offender of impending
discovery
• Conceals, destroys or alters
any physical evidence
False Report of a Crime
• Knowingly gives false information with a
purpose on inducing the officer to believe that
another has committed an offense.
False Personal Information
• Knowingly gives a false name, date of birth or
address to a peace officer in the lawful
discharge of his duties.
Crimes Against Public Order & Decency
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Disorderly Conduct
Electronic Communication Harassment
Intoxication
Lewdness
Disorderly Conduct
• Refuses to comply with the lawful order of the
police to move from a public place
• Engages in fighting or in violent, tumultuous, or
threatening behavior
• Foul and abusive language or obscene gestures
that are offensive to others
Electronic Communication Harassment
• Makes a telephone call, sends a text
message or email, whether or not a
conversation ensues, with intent to:
• Annoy
• Alarm
• Intimidate
• Offend
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Abuse
Threaten
Harass
Frighten
Intoxication
• Under the influence of alcohol, controlled substance,
or any substance releasing toxic vapors
• To a degree that may endanger himself or another
• In a public or private place where it unreasonably
disturbs other people
• Officer choice of detoxification center or jail
Lewdness
• Exposes his/her genitals or private parts in a
public place
Offenses Against Public Health, Safety, Welfare
and Morals
• Weapons violations
• Controlled substances
• Alcohol related offenses
Definition of a Firearm
• Any device that could be use as a dangerous
weapon from which is expelled a projectile by
action of an explosive
Restrictions on Firearm Possession
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Not a citizen of the U.S.
Convicted of any crime of violence
Addicted to the use of any narcotic drug
Declared mentally incompetent
Possession of Dangerous Weapon by a Minor
• A minor under eighteen years of age may not
possess a dangerous weapon without
permission of a parent or guardian.
Carrying Loaded Firearm in Vehicle
• Unless authorized by law, a person may not
carry a loaded firearm in a vehicle
• Concealed weapon in vehicle also illegal, even
if unloaded
Brandishing a Weapon
• Any person, not in self defense, draws or
displays any dangerous weapon in an angry or
threatening manner
Controlled Substance
• Unlawful for any person knowingly and
intentionally to possess/use a controlled
substance
• Drug Free School Zone
Possession of Alcohol by Minor
• Unlawful for any person under 21 to possess,
consume, purchase any alcoholic beverage or
product
• Dram Shop Act
Unlawful Acts About a School
• Unlawful for any person to loiter, wander,
stroll, trespass on any school campus without
having some form of lawful business.
• Must check in at school immediately upon
arrival
Expungement
• The intentional sealing or destruction of a criminal record
• Court may not expunge conviction for:
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Capital felony
First degree felony
Second degree forcible felony
Any sexual act against a minor
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7 years – felony
6 years – alcohol related traffic offense
5 years – class A misdemeanor
3 years – other misdemeanor or infraction
• Expungement considered after following time frame: