Chapter Four

1. Chapter Four The Law

2. 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

3. 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

4. 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

5. 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

6. 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).

7. Peterson Change Of Venue Motion Denied Change of Venue Rejected for Iraq Case FOSTER KLUGAssociated Press Peterson Defense Wants Change of Venue Friday, April 23, 2004 Trial To Stay In San Mateo County May 11 (AP) Scott Peterson (AP) Judge orders change of venue for teen sniper defendant Trial in fall will be moved to southeast Virginia From Mike AhlersCNN

8. 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

9. 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.

10. Principles of Criminal Responsibility - Intent • Intentionally • Knowingly • Intentionally and knowingly require proof of a guilty mind (mensrea) and a guilty act (actusreus). • Recklessly – Aware of but disregards substantial risk • Negligently – Ought to be aware of substantial risk • Traffic laws do not require intent

11. 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)

12. 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.

13. 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

14. First Degree Felony • 5 years to life imprisonment • Murder • Aggravated Burglary • Aggravated Robbery • Aggravated Kidnapping • Rape

15. Second Degree Felony • 1 to 15 years imprisonment • Manslaughter • Kidnapping • Burglary of a Residence • Forcible Sexual Abuse • Robbery • Theft of item(s) in excess of $5000

16. Third Degree Felony • 0 to 5 years imprisonment • Theft of item(s) valued between $1000-$5000 • Arson with intent to defraud insurer • Aggravated Assault

17. Class A Misdemeanor • Up to one year in jail • Vehicle burglary • Theft of item(s) valued between $300-$1000 • Assault on a peace officer

18. Class B Misdemeanor • Up to six months in jail • Assault • Criminal Trespass in a dwelling • Theft of item(s) valued at less than $300 • Telephone harassment

19. Class C Misdemeanor • Up to three months in jail • Disorderly Conduct (after a warning to stop) • Criminal Trespass • Most Traffic Violations

20. Infraction • No jail sentence • Disorderly Conduct (where no warning has occurred)

21. Inchoate Offenses • An offense which has not been completed or finished. • Punishable one degree less than if the crime had been completed • Attempt • Conspiracy

22. 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.

23. 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

24. Crimes Against Persons • Criminal Homicide • Kidnapping • Rape • Assault

25. Criminal Homicide • Aggravated Murder • Murder • Manslaughter • Negligent Homicide • Automobile Homicide • A judge or jury will decide what type of criminal homicide has occurred

26. Kidnapping • Intentionally restrains another for any period of time • Without authority of law • Against the will of the victim

27. 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.

28. 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

29. Crimes Against Property • Arson • Criminal Mischief • Burglary • Vehicle Burglary • Criminal Trespass • Robbery • Theft

30. Arson • Damages property by means of fire or explosives

31. Criminal Mischief • Commonly known as vandalism • Damages defaces or destroys property • Tampers with property of another and thereby recklessly endangers human life

32. Burglary • Enters or remains unlawfully • Building or portion of a building • Intent to commit a felony, theft or assault

33. Vehicle Burglary • Unlawfully enters a vehicle • Intent to commit a felony or theft

34. Criminal Trespass • Enters or remains unlawfully on property • Is reckless as to whether his presence will cause fear for the safety of another

35. 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

36. Theft • Unauthorized control • Property of another • Intent to deprive • Classification determined by value of property

37. Crimes Against Government and Public Order • Interfering with Arrest • Obstruction of Justice • False Report of a Crime • False Personal Information

38. 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.

39. 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

40. False Report of a Crime • Knowingly gives false information with a purpose on inducing the officer to believe that another has committed an offense.

41. False Personal Information • Knowingly gives a false name, date of birth or address to a peace officer in the lawful discharge of his duties.

42. Crimes Against Public Order & Decency • Disorderly Conduct • Electronic Communication Harassment • Intoxication • Lewdness

43. 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

44. Annoy Alarm Intimidate Offend Abuse Threaten Harass Frighten Electronic Communication Harassment • Makes a telephone call, sends a text message or email, whether or not a conversation ensues, with intent to:

45. 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

46. Lewdness • Exposes his/her genitals or private parts in a public place

47. Offenses Against Public Health, Safety, Welfare and Morals • Weapons violations • Controlled substances • Alcohol related offenses

48. 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

49. Restrictions on Firearm Possession • Not a citizen of the U.S. • Convicted of any crime of violence • Addicted to the use of any narcotic drug • Declared mentally incompetent

50. 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.