Welcome to AJ107-Criminal Law II

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Rio Hondo College
Department of Public Safety
3600 Workman Mill Road
Whittier, CA 90608

Course Description: This is an in-depth study of the legal processes from pre-arrest, arrest through trial, sentencing procedures; a review of the history of case and common law; conceptual interpretations of law as reflected in court decisions and the study of case law methodology and case research as the decisions impact upon the procedures of the justice system.

Course Assignments

Unit 1- email your instructor and acknowledge due dates for completed work and final exams.

Unit 2- define or discuss:

        A. crime

        B. criminal versus civil law

        C. infractions, misdemeanors, and felonies

        D. sources of law including:

           1- statutory

           2- constitutional

           3- case law

• Source of Law The primary sources of law are the United States and State Constitutions, statutes, and prevailing decisions.
  
• Civil and Criminal Law
  Civil matters deal with wrongs against individuals while criminal law deals with wrongs against society.
  
• Prosecution of Criminal Law
  This prosecutor must show "on its face" that a crime occurred. There are "elements" or Corpus Delicti to every crime.
  
• Crime Defined
  Penal Code Section 15 defines crime as an act committed or omitted in violation of a law forbidding or commanding it.
  

Unit 3- Define or discuss:

        A. Persons incapable of committing crimes

        B. Parties to crime including:

           1. Principals

           2. Accessories

           3. Accomplices

        C. Solicitation and attempts

        D. Perjury and bribery

• Persons Capable of Crimes
  All persons are capable of committing crime except those belonging to certain classes as defined in Penal Code Section 26.
• Parties to Crimes
  The parties to crimes are classified as principals and accessories and are discussed in Penal Code Section 30.
• Anticipatory Crimes
  These crimes are referred to as "anticipatory" crimes. Individuals who engage in these offenses have indicated an inclination to commit a crime even though the target crime is never accomplished.
  

Unit 4- define or discuss:

        A. arrest

        B. Miranda warning and requirements for use

        C. unlawful assembly, rout, riot

        D. consensual encounter, detention, and arrest

• Arrest Defined
  Penal Code Section 834 defines arrest as the taking of a person into custody, in a case and in the manner authorized by law.
• Witness Against Oneself
  The Fifth Amendment to the Constitution includes a provision that " no person shall be compelled in any criminal case to be a witness against himself."
• Unlawful Assembly
  Unlawful Assembly, Rout, and Riot are considered crimes against public order and morality. They are defined in Penal Code Sections 404, 406 and 407.
• Arrest v Detention
  There is a legal difference as to what actually constitutes an arrest and what amounts to a temporary detention for questioning.
  

Unit 5- define or discuss:

        A. Four weapons illegal to possess

        B. Persons prohibited from possessing a firearm

        C. Elements of:

           1. assault- 240 pc

           2. battery- 242 pc

           3. ADW- 245 pc

           4. domestic violence- 273 pc

• Illegal Weapons
  Penal Code Section 12020 defines those weapons which are illegal to possess.
• Lawful Weapons
  Firearms can lawfully be possessed in public and under certain conditions be transported in vehicles.
• Assault/Battery
  Frequently, the terms assault and battery are used together or interchangeable, but historically they were different crimes.
• Domestic Violence
  Penal Code Section 13700 defines Domestic Violence as abuse committed against an adult or emancipated minor.
  

Unit 6- define or discuss:

        A. homicide

        B. manslaughter (voluntary vs. involuntary)

        C. differences between kidnapping and false imprisonment

        D. rape vs. unlawful sexual intercourse

• Homicide
  Homicide is an inclusive term that refers to all cases in which human beings kill other human beings by their own acts, omissions, or procurements.
• Murder v Homicide
  Distinguishing between murder and manslaughter may present problems in homicide prosecutions. Usually murder requires premeditation and malice aforethought, which may be expressed or implied from other facts.
• Imprisonment and Kidnapping
  False imprisonment and kidnapping are similar crimes in that both require restricting victims’ freedom against their will. They differ in the elements required to establish the crimes, the seriousness of the offenses, and the punishments.
• Rape
  Under the common law, rape was defined as the unlawful carnal knowledge of a female without her consent. The term unlawful meant that the act was not authorized by law. For centuries, spouse rape was not against the law.
  

Unit 7- define or discuss:

        A. obscene material per 311 pc

        B. elements of unlawful:

           1. oral copulation

           2. sodomy

        C. lewd acts with a child vs. child annoying

        D. incest

• Obscene Matter
  "Obscene matter" means matter, taken as a whole, which to the average person, applying contemporary community statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct; and which taken as a whole lacks serious literary, artistic, political, or scientific value.
• Oral Copulation
  Oral Copulation is the act of copulation the mouth of one person with the sexual organ or anus of another. Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person. These acts are non-criminal between consenting adults in the privacy of their homes.
• Lewd Acts
  Lewd acts with children involve lewd or lascivious acts with a child under the age of 14 years with the intent of arousing, appealing, or gratifying the lust or passions of such person or of such child. Every person who annoys or molests any child under the age of 18 years is punishable by a fine or by imprisonment in the county jail or by both fine or imprisonment.
• Incest
  Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who commit fornication with each other are punishable by imprisonment in the state prison.
  

Unit 8- define or discuss:

        A. burglary

        B. robbery

        C. extortion

• Robbery
  Robbery as defined in 211 P.C. is the taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
• Extortion
  During an Extortion the property is taken with the victim’s consent. A review of 518 P.C. will outline other differences.
• Burglary
  Burglary as defined in 459 P.C. is the entry of a building, vessel, vehicle (locked doors), or aircraft with the specific intent to commit theft or any other felony.
  

Unit 9- define or discuss:

        A. grand and petty theft

        B. embezzlement

        C. forgery    

• Crime of Theft
  Theft is the taking and carrying away the property of another without consent of the owner with the specific intent to deprive permanently.
• Special Theft Crimes
  The dollar amount and certain items of property such as guns and vehicles separate Petty and Grand Theft.
• Crime of Embezzlement
  Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted.
• Crime of Forgery
  Generally, forgery is the false making or material alteration of writing with intent to defraud.
  

Final Examination: Your grade for the course will be weighted as follows: Written Assignments = 50%, Final Exam = 50%. In order to successfully complete the course you MUST complete the written assignments and, take the final examination. If you live within 50 miles of the campus, you MUST take the final examination on campus. You may contact the Learning Assistance Center at (562) 692-0921 x 4016 or 3169 to schedule taking the final exam. The Learning Assistance Center is located at the Police Academy which is on the main campus on Canyon Drive. If you live over 50 miles from the college the exam may be proctored at your location. Contact your instructor for details.

If you experience any difficulty or need any further clarification, contact the Online Coordinator, Carley Mitchell at mitchellcarley@hotmail.com or in an emergency call him at (801) 953-6173.

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