SIBC Study Guide Q&A
What are the 3 origins of Law? - =Constitutional, Statutory and Case Law
Constitutional Law - =Rules and provisions found in the federal and state constitutions
Statutory Law - =Written laws enacted by a legislative body
Case Law - =Previous appellate court decisions that are binding on lower court decisions (know
as precedent)
Primary purpose is to interpret constitution and clarify statutes
Letter of the Law - =The law is strictly applied in accordance with the literal meaning of the
statute, leaving no room for interpretation.
Spirit of the law - =The law is applied in accordance with the intent of the legislature, the
promotion of fairness and justice, and not solely in literal compliance with the words of the
statute.
Peace officers must act according to the spirit of the law. The California Penal Code requires that
laws are to be applied according to the spirit of the law, in accordance with the intent of the
legislative body rather than the literal meaning of the words of the statute.
Criminal Law - =Violations of the criminal statutes
Civil Law - =Non-criminal violations of the law or private wrongs committed by one person of
another (civil wrong called a tort)
Tort by omission - =Omission of an act or negligence may also be a tort if it violates a legal duty
owed to another person
,Penal Code 15 - =Defines a crime or public offense
Penalties:
Death
Imprisonment
Fine
Removal from office
Disqualification to hold and enjoy any office of honor, trust, or profit in CA
Infractions
Misdemeanors
Felonies
Elements of a crime - =The basic facts that must be proven based on probable cause to arrest an
offender for a crime.
Intent - =A mental state or frame of mind that the person knowingly did the particular crime
Transferred intent - =When an unlawful act affects a person other than, or in addition to, the
person it was intended to affect
Criminal Negligence - =A negligent act that is aggravated or reckless, and constitutes
indifference to the consequences
Attempt crimes not defined in penal codes - =Charged under the general provisions of 664 PC
(attempts) and the PC for the crime attempted
Example: 664 PC and 459 PC = attempted burglary
, Attempted crime elements - =An intent to commit that crime
A direct, but ineffectual act done toward its commission
Elements that are basic to every crime - =Commission of a prohibited act, or an omission of a
required act
Presence of a designated state of mind (intent)
3 crime categories - =Felonies, Misdemeanors, and Infractions
Felony - =A crime punishable by a fine, and/or imprisonment in a state prison, death or removal
from office
PC 17
Misdemeanor - =A crime of lesser gravity than a felony, punishable by a fine and/or
imprisonment in a county jail
PC 19
Wobbler - =A crime that can be punished either as a felony or misdemeanor
Infraction - =A public offense punishable by a fine only
PC 31 - =Principle include all persons involved in the commission of a crime (need not to be
present)
Aids and Abets - =If he or she actively assists, supports, promotes, encourages, strengthens, or
instigates by act or advice in the commission of the offense
Accesory - =Anyone who, after a felony, has committed:
What are the 3 origins of Law? - =Constitutional, Statutory and Case Law
Constitutional Law - =Rules and provisions found in the federal and state constitutions
Statutory Law - =Written laws enacted by a legislative body
Case Law - =Previous appellate court decisions that are binding on lower court decisions (know
as precedent)
Primary purpose is to interpret constitution and clarify statutes
Letter of the Law - =The law is strictly applied in accordance with the literal meaning of the
statute, leaving no room for interpretation.
Spirit of the law - =The law is applied in accordance with the intent of the legislature, the
promotion of fairness and justice, and not solely in literal compliance with the words of the
statute.
Peace officers must act according to the spirit of the law. The California Penal Code requires that
laws are to be applied according to the spirit of the law, in accordance with the intent of the
legislative body rather than the literal meaning of the words of the statute.
Criminal Law - =Violations of the criminal statutes
Civil Law - =Non-criminal violations of the law or private wrongs committed by one person of
another (civil wrong called a tort)
Tort by omission - =Omission of an act or negligence may also be a tort if it violates a legal duty
owed to another person
,Penal Code 15 - =Defines a crime or public offense
Penalties:
Death
Imprisonment
Fine
Removal from office
Disqualification to hold and enjoy any office of honor, trust, or profit in CA
Infractions
Misdemeanors
Felonies
Elements of a crime - =The basic facts that must be proven based on probable cause to arrest an
offender for a crime.
Intent - =A mental state or frame of mind that the person knowingly did the particular crime
Transferred intent - =When an unlawful act affects a person other than, or in addition to, the
person it was intended to affect
Criminal Negligence - =A negligent act that is aggravated or reckless, and constitutes
indifference to the consequences
Attempt crimes not defined in penal codes - =Charged under the general provisions of 664 PC
(attempts) and the PC for the crime attempted
Example: 664 PC and 459 PC = attempted burglary
, Attempted crime elements - =An intent to commit that crime
A direct, but ineffectual act done toward its commission
Elements that are basic to every crime - =Commission of a prohibited act, or an omission of a
required act
Presence of a designated state of mind (intent)
3 crime categories - =Felonies, Misdemeanors, and Infractions
Felony - =A crime punishable by a fine, and/or imprisonment in a state prison, death or removal
from office
PC 17
Misdemeanor - =A crime of lesser gravity than a felony, punishable by a fine and/or
imprisonment in a county jail
PC 19
Wobbler - =A crime that can be punished either as a felony or misdemeanor
Infraction - =A public offense punishable by a fine only
PC 31 - =Principle include all persons involved in the commission of a crime (need not to be
present)
Aids and Abets - =If he or she actively assists, supports, promotes, encourages, strengthens, or
instigates by act or advice in the commission of the offense
Accesory - =Anyone who, after a felony, has committed:
