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statute felonies
- controlled by modern statutes.
- sentenced to death or imprisionment in state prision.
- MODEL PENAL CODE
- CALIFORNIA PENAL CODE
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common law felonies
- punishable forfeiture of land, goods, or both
- murder
- manslaughter
- rape
- sodomy
- mayhem
- robbery
- arson
- burglary
- larceny
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malum in Se
inharently bad in themselves, immoral. all common law felonies
-
malum prohibitum
- necessary to regulate the common good and welfare of the people
- driving regulations.
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burden of proof
- prosecution
- beyond reasonable doubt
- can not be a matter of law, only matter of fact- jury
- effect- treating an element as a matter of law, will remove it from jury consideraton and thus violate the victims 6th ammendment right.
- with a defense. burden of evidence a matter for defendant, except for traditional defenses.self defense can be placed on fefendant, on insanity can be placed on defendant as well.
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