ADJUST 103 MIDTERM REVIEW

• children under the age of 14
• person who mentally incapacitated
• ignorance or mistake of fact
• unconcious (sleep walking)
• accidental or misfortune
• treats, duress, coertion.

• NO. NO AMOUNT OF THREATS, COERCION, OR DURESS WILL RELIEVE A PERSON WHO commit a crime punishable by death.
• "CANT TRADE A LIFE FOR A LIFE". NEEDS TO BE AN IMEDIATE THREAT.

• California requires the defendant to prove by preponderence of evidence that the defendant was incapable of:
• 1. understanding nature/quality of act
• 2. distinguish right/wrong at the time of act
• (M'Naghten Rule is the test for insanity in california. )
• *temporaty insanity allowed in ca*

California - Anyone 14 years and older can be tried as an adult for serious crimes. Examples of serious crimes include murder, robbery with a weapon, and rape.

• General intent
• Specific intent
• Tranferred/ contructive intent

• anyone who willfully resists, delays, or obstructs any public, peace, officer or emergency medical technician in the performance of his dudy.
• Ex. giving false I.D
• posting official address on internet
• touches gun unfasten or picks up gun.

• 146. Every public officer, or person pretending to be a public officer, who, under the pretense uniform, badge or I.D of officer is guilty of a misdemeanor:
• (a) Arrests any person or detains that person against his or her will.
• (b) Seizes or levies upon any property.
• (c) Dispossesses any one of any lands or tenements

The exclusionary rule is designed to exclude evidence obtained in violation of a criminal defendant's Fourth Amendment rights. The Fourth Amendment protects against unreasonable searches and seizures by law enforcement personnel. If the search of a criminal suspect is unreasonable, the evidence obtained in the search will be excluded from trial.

• SHERIFF,DEPUTY SHERIFF,POLICE, MARSHALL,INPECTOR, INVESTIGATOR, PEACE OFFICER.
• ( NOT PAROLE OR PROBATION)

• taking a person into custody, in case and in the manner authorized by law. An arrest may be a peace officer or by a private person.
• (PC- 835: actual restraint, submission into custody, officer may use reasonable force to effect arrest.

If not realease must be take before a judge within 48 hours following arrest this excludes sundays and holidays.

• Unlawfully fighting in a public space
• or challenging another perosn to fight in a public place
• maliciously and willfully disturbs another w/loud unreasonable noise
• using offensice words in publics place with causes violent reaction.

"adhering to precedent" It means the previously decided cases are to have great impact and influence on the decision of current cases.

• Crime is divided into:
• FELONY
• MISDEADMEANOR
• INFRACTION

Its the concentual elements of a crime.

• Death
• Imprisonment
• Fine
• Removal from office
• Disqualification to hold and enjoy any office of honor, trust or profit in this state.

• Perjury
• subortination of perjury
• bribery
• falsification of evidence

• Two or more persons agreeing to commit any crime where at least one of the does an overact in furtherance of the cospiracy.
• Helop to plan a crime

• knowingly making false statements (oral or written)
• under oath or penalty of perjury
• w/ respect to a false material
• before competent legal tirbunal proceding or person
• testimony, declaration, certification

To take a person into custody , in a case an in a manner authorized by law. it requires "probable cause"

When a person willfully procures another person to commit perjury.

A seizure under the 4th amendment that requires a minimum "reasonable suspicion" may do a pat down on outher clothes.

all persons concerned in the commission of a crime who are involved in planing, preparation, carry out, aid and abets advises and encourages druges to do crime, threats another to do crime.

• after the fact of a felony only and was not present at the crime.
• Any person that harbors, conceals, that has knowledge and helps the felon.

• is present at the time of the crime!! AKA SNITCH
• a person who promotes, encourages, or instigates by act or advices the commission w/knowledge of the unlawful act and has common intent as the principle. NEED THE TESTIMONY.

a person that participates in a crime in a purpose to help gather information and evidence in the purpose of prosecution only. undercover officer

PRINCIPLE COMMITS THE CRIME AND ACCOMPLICE HELP CRIMINAL TO COMMIT THE CRIME.

• Any person who liters, prowls or wanders
• on private property at ANY TIME
• without visible or lawful business w/ owner or occupant
• owner does not have to be present

when people use words that are offensive and can cause a fight or inflict injury such words as "fighting words"

• probable cause
• self defence
• reasonable force in affectiong arrest
• coersice interogation

its under the 4th amendment.

• warrant
• consent
• parole
• probation
• exigent (urgent or emergency)

It establish that a pat down may happen while a person is in detention if officer has a suspicion that person may be dangerous or is armed. the pat down is on outer clothes only.

when a person is asked to leave and refuses to leave it becomes a tresspass.