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COURSE OUTCOMES:
This course supplements the degree program with an historical overview
of the development of law. There is a review of constitutional
provisions of law as they integrate with fundamentals of State law.
The course covers the conceptual aspects of substantive law so that
students will develop an appreciation of legal concepts as they relate
to the justice process.
COURSE OBJECTIVES:
1. The student will respond to the stated evaluation criteria with
acceptable accuracy to questions regarding the historical
perspective, cultural evolution, and the origin of criminal law.
2. When introduced to the basic legal definitions and concepts of
law for nonlawyers, the student will demonstrate the ability
to cope with operational experiences by applying these definition
and concepts to the relevant legal codes in the administration
of justice.
3. When confronted with specific legal problems, the student will
be able to locate the appropriate related statutes or cases and
exercise sound judgment based upon a deductive analysis. Judgment
and ability to communicate this position will be demonstrated
through development of assigned written case studies.
4. When confronted with constitutional legal issues, the student
will demonstrate awareness through presentation of assigned
written case studies.
5. The student will learn concepts of Introduction to Criminal Law,
LD5 (min. 6 hrs.) of the Basic Law Enforcement Course curriculum
adopted by the California Commission on Peace Officer Standards
and Training (P.O.S.T.). Performance Objective numbers are
identified herein: 3.1.1, 3.1.5, 3.1.6, 3.3.1, 3.4.3, and 3.5.1.
(Refer to complete outline for specific content).
3.8.3, 3.37.1, 3.38.1, 3.38.2, 3.38.4, 3.38.7, 3.38.9, 3.38.12-
3.38.13 (Refer to complete outline for specific content).
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WEEK
1. COURSE ORIENTATION
A. Attendance and class participation
B. Testing and grading policies
C. Outside class assignments
D. AJ/Basic Course "Transition Program - Pilot Project"
2. LEGAL RESEARCH AND METHODOLOGY
A. Case citations and case reporters
B. Legal encyclopedias
C. Annotated Codes
D. How to write a case brief
E. Use of the law library
F. Attorney General opinions
3. LEGAL, PHILOSOPHICAL AND HISTORICAL DEVELOPMENT OF THE LAW
A. Statute Law (3.1.6)
1. Legislative
2. Initiative
B. Constitutional (3.1.6)
C. Case law and Stare Decisis (3.1.6)
1. Doctrine of Judicial Review
D. Common law (3.1.6)
E. Historical periods in England
F. Historical periods in U.S.
G. Diversity among societies in the world
4 & 5 SOURCES OF STATUTE LAW
A. United States Code (principal references)
B. California statutory law (principal references)
1. Business and Professions Code
2. Education Code
3. Fish and Game Code
4. Health and Safety Code
5. Penal Code
6. Evidence Code
7. Welfare and Institutions Code
8. Vehicle Code
C. Municipal Codes and County ordinances (3.1.6)
D. Repeal/Amendment
E. Mala in se vs. mala prohibita crimes
F. Crimes without victims
G. Pre-emption and Police power of the state
6 & 7. CONSTITUTIONAL LAW
A. U.S. Constitution provisions
1. Identify key constitutional rights protected by the 1st, 4th,
5th, 6th, 8th and 14th (Due Process and Equal Protection)
Amendments.
B. California constitution provisions
1. Independent state grounds
8. NATURE OF CRIMINAL LAW
A. Definition of a crime (3.1.6)
B. Purpose of criminal law
C. The language and construction of penal statutes
D. Conflicts between statutes
E. Difference between a crime and tort (3.1.5 & 3.1.6)
9. CLASSIFICATION OF CRIMES
A. Felonies, misdemeanors, "wobblers", and infractions (3.1.6)
B. Punishments
1. Determinate sentencing
2. Indeterminate sentencing
3. Enhancements
4. "Three Strikes"
5. Special Circumstances
C. Lesser and included offenses
D. Double jeopardy & dual sovereignty doctrine
E. Statute of limitations
F. Jurisdiction and venue
G. District Attorney charging considerations
10. CORPUS DELICTI - ELEMENTS OF A CRIME
A. Role of corpus delicti (3.1.6)
B. Criminal transaction (20 P.C.) (3.1.6)
C. General, specific (transferred intent (3.1.6)
D. Criminal negligence (3.1.6)
11. CAPACITY TO COMMIT AN OFFENSE
A. Exemptions to criminal liability (26 P.C.)(3.1.6)
1. Children under 14 years
2. Idiots
3. Ignorance or mistake of fact
4. Unconscious of the act
5. Accident or misfortune
6. Acting under threats or menaces
B. Intoxication
1. Voluntary (22 P.C.)
2. Involuntary (26 P.C.)
C. Mitigating factors and other defenses
12. PARTIES TO A CRIME (3.1.6 & 3.4.3)
A. Principal
B. Accomplice and feigned accomplice
C. Accessory
13 & 14. LAWS OF ARREST
A. Arrest defined (834 P.C.)
B. Custody defined (835 P.C.)
C. Use of force in making an arrest (834a P.C.)
D. Peace officer authority to arrest (836 P.C.)
E. Service of arrest warrants (840 P.C.)
F. Residential entry (Ramey and Steagald rules)
G. Knock and notice (844 P.C.)
H. Private person arrests (837, 847, 142 P.C.)
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PEACE OFFICERS GUIDE TO CRIMINAL LAW (Current Edition), George T. Payton,
Criminal Justice Services, San Jose, 1995.
CALIFORNIA CRIMINAL LAW CONCEPTS (Current Edition), Donald D. Hunt,
Burgess International Group, Edina, Minnesota.
CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING, Basic
Law Enforcement Course Unit Guides, L.D.#2, 5 and 15,1995.