Introduction to Law PDF

Introduction to Law 1. What is a law? Answer: A specified rule of behavior, enacted and enforced by power. 2. What is substantive law? Answer: Laws made by legislative defining crimes and their punishment. 3. What is a crime? Answer: An act or omission prohibited by law. 4. Why does a state pros...

Introduction to Law 1. What is a law? Answer: A specified rule of behavior, enacted and enforced by power. 2. What is substantive law? Answer: Laws made by legislative defining crimes and their punishment. 3. What is a crime? Answer: An act or omission prohibited by law. 4. Why does a state prosecute for a crime? Answer: A crime is a wrong against the state. 5. What is the purpose of Substantive law? Answer: To protect society from people who may cause harm. 6. What is Procedural law? Answer: Constitutional law or criminal procedure. 7. What is the purpose of Procedural law? Answer: To protect people from the government. 8. What is the goal of Procedural law? Answer: Enforce Substantive law. 9. What is Civil law? Answer: Laws to settle disputes between private parties. 10. Who is responsible for initiating a Civil Law action? Answer: The court settles the disputes on the basis of the law. 11. What is Administrative Law? Answer: Regulations by government agency having full force of the law. 12. What are four sources of law? Answer: Constitutions, statutes and ordinances, Case law, Common law. 13. What is a statute? Answer: Laws made by legislative body. 14. What is Case Law? Answer: Laws made by Court decision, interpret what laws mean, Determine if laws, procedures, or actions are legal. Idaho criminal code Accessories IC 18-205 Persons who knowing a felony has been committed willfully: - Withholds or conceals - Harbors and protects it from police, judge, etc. or - a person charged or convicted of the felony Accessories are punishable by 5 years or $50,000.00 Aiding in a Misdemeanor: IC 18-304 Persons who Counsel, aid, solicit, or incite in commission of misdemeanor Attempted Crimes IC 18-306 When a person attempts to commit a crime but fails or is prevented Must prove that the suspect had the intent to commit the crime, and took a substantial step toward its commission. - An act that would have resulted in the crime if not interrupted. - Preparation to commit the crime by itself is not enough to convict. - Generally half the penalty for completed crime. Conspiracy IC 18-1701 When two or more persons agree together to commit a crime, and one or more of those persons does an act to affect the object of the crime. Both are guilty of conspiracy. Preparation may be enough to convict of conspiracy. Criminal Solicitation IC 18-2001 When with the purpose of promoting or facilitating the commission of a crime, a person solicits, commands, or requests another person to commit a crime. Defense: Defendant voluntarily persuaded the person not to commit the crime, or otherwise prevented its commission. Same punishment as for attempting the crime. If crime occurs they can be charged with conspiracy and as a principle to the other crime. Definition of a Crime IC 18-109 An act committed or omitted in violation of law. Primary punishments for a crime: Death, imprisonment, fine. Grading of Crimes IC 18-111 Felony - A crime punishable by: more than one year Misdemeanor- A crime punishable by: a year or less Infraction - Civil public offense is punishable only by fine. No potential for incarceration. No potential for arrest. Elements of a Crime Everything that must be proven to convict of a specific crime. Five general elements required for every crime 1) Date of offense. 2) Location of offense. 3) Identity of the person charged. 4) Intent required. 5) The Act required. Criminal Intent IC 18-114 For a crime to occur there must be a union of act and intent or culpable negligence. Chapter Two: Persons Liable Persons who can be charged for the commission of a crime. Defenses to a Crime Anything that would disprove or raise a reasonable doubt regarding one or more of the elements of the crime. Principals IC 18-204 All persons involved in the commission of a crime: whether felony or misdemeanor. Persons who directly commit the offense Persons who aid or abet in its commission Persons who, although not present, advise or encourage its commission. Persons who by fraud, contrivance or force cause a person to be intoxicated which causes the person to commit a crime. Persons who by threats, commands or coercion compels another person to commit a crime. Principles are subject to full punishment for the crime committed