California Penal Code Essay
The importance of the topic on Penal Code cannot be overemphasized. The California State Law contains the Penal Code upon which persons engaging into criminal activities are prosecuted. The California State Penal Code discloses the felonious crimes against which people can be prosecuted. The introduction into the California State Penal Code will seek to outline the divers crimes against which people are prosecuted by the court of law. Additionally, the introductory part will show the various parts of the penal codes and the components making up the Code. The California Penal Code contains multiple sections devoted for several purposes. It is a crucial requirement for an understanding of the Penal Code applicable to California State Law as it gives the guidelines for all manner of prosecution within the State. Therefore, research on California Penal Code will be devoted to the numerous issues that fall under the provisions of the Penal Code and which require attention from all stakeholders.
The penal codes prevailing in the State of California at the moment were lifted from the draft of Penal Code of 1872. The 1872 penal code was drafted by Code commissioners of California namely: John Burch, John McKune and Creed Haymond. The early California penal code was made up of a classification of offenses and public wrongs committed against the state. It also comprised of laws set to prevent public wrongs and the accompanying punishments for the offenders. The code was actually developed from the early laws of California. For instance, the Common law and the 1851 Criminal Practice Act was inspired by the statutes of Criminal code that had been enacted earlier in different other states such as New Jersey, Louisiana and Kansas.
There are numerous codes within the California Penal Codes. Indeed, it is not possible to research on all the Penal Codes as they are way too many for a short paper of this nature (Fairall, 1915). Nevertheless, the various examples of California Penal Codes are discussed with an aim of gaining an insight into their existence and usage. In particular, this research paper focuses on major Penal Codes applicable within the State of California. To start with there is the California Penal Code Section 1. The section has four parts and is known as The Penal Code of California. The other section is the California Penal Code Section 2. This section was officially operation as from twelve o’clock noon in the first day of January, 1873. The other section is the California Penal Code Section 3. According to the California State Law, there is no part of this section that is retroactive unless there is an express declaration.
The fourth section of the California Penal Code talks about the common law rule and contains the guidelines on the operation of penal statutes with common law rule. As a requirement, the two are to be construed strictly and penal statutes do not have any application within the common law codes. There are several other sections of the California Penal Code all with a specific issue of concern. Various sections of the California Penal Code have set out clear guidelines on how they are related with other laws. For instance, the section 11 spells out that the code is not affected by any particular power conferred by court-martial towards the imposition of punishment. Additionally, section 12 makes a declaration of the types of crimes that are section 13 outlines the procedure through which an unpunished crime is to be addressed.
Each of the sections in the California Penal Code has a specified enactment history leading up to the formation of such codes. Nevertheless, numerous enactments have been made on many sections of the California Penal Code. There are six parts of the California Penal Code each with Titles. The various titles also have diverse chapters and sections respectively. The Sections are the smallest unit contents. This is unlike the sections in Penal Code of the United States. The reference of the sections is often made using only the number. This is particularly so for police officers when referring to certain criminal act via the radio. Substantive criminal law is one of the important components of the California Penal Code. The various introductory sections of the Penal Code seek to offer definitions of legal terms and preliminary discussions. There are other titles that discuss laws relating to crimes against the state including treason. Crimes against court system of the state are also discussed in subsequent sections.
The rationale for the formation of the California Penal Code from the California State law is an indication of the desire to align the penal code with the laws of the land (Haymond & Burch, 1872). The many Californian Penal Codes have been formulated in consideration of the due process of the law. This has been particularly so owing to the level of democratic process in the state of California. Furthermore, there is no presence of an arbitrary, unreasonable or capricious action. Indeed, the articulation of legal aspects within the premise of the legal framework is an indication of the critical aspects of the legal background of the Californian Penal Code. The formulation of the California Penal Code is indicative of the process of formulation. In particular, the goals of each penal code are provided.
Subsequent Case Analysis
There are numerous cases associated with the California Penal Code. The relevance of the cases is to be seen in the procedural interpretation of the California Penal Codes. In particular, the essential factor in the analysis of the various cases is seen in the manner in which various court rulings have sought to utilize the elements of the Penal Codes in providing an interpretation of the associated laws. Subsequent to the formation of the California Penal Codes, many cases have been brought before the courts of law to try persons suspected of contravening the requirements of the given penal codes. Consequently, varying judgments have been given based on the circumstances under the focus. This has led to the various conclusions about certain Penal Codes.
The different sections of the California Penal code have a specific application procedure in a court of law. For instance, section 1000 to 1000.8 contains guidelines through which cases before the court of law can be handled. The section relates to the accusatory pleading and specified violations of the provisions of the law. Different sections of this chapter relate to the various violations such as laws on health and safety and particularly the use of drugs. In such circumstances where a defendant is brought before a court of law over violation of the sections on penal code, certain provisions apply. For instance, the defendant may argue on grounds of non-awareness of the commission associated with the committed offense. There are numerous other guidelines regarding the prosecution of people suspected of contravening the regulations contained in the sections. It is important that various issues are reviewed by the defense in the court of law while making sub missions regarding to the actions of the defendant in regard to the provisions of the sections.
The California Penal Codes have been effective in the sense that they have managed to fulfill the desired goal. The various California Penal Codes lack major controversies as they have been in existence for several centuries. As a result, there has been a natural acceptance of the provisions of the Penal Code by people over many years. The California Penal Codes have therefore become important in fostering order and procedure of punishing offenders. The basis of the Penal Codes has been such that people have fully accepted the legislations as enhancing societal growth. Furthermore, the Penal Codes have become integral in the sustained rule of law throughout the California State. The various provisions in the California Penal Code bring about diverse perspectives on the existence of crucial requirements of the California state law. Furthermore, the penal code forms the basis for all prosecution and judgment of offenders and violators of the provisions of the penal code.
Fairall, H.C. (1915). The Penal Code of the state of California: Adopted February 14, 1872. With Amendments up to and including those of the forty-first session of the Legislature, 1915. Bancroft-Whitney.
Haymond, C. & Burch, C.J. (1872). The Penal Code of California. H.S. Crocker & Company, book and Job Printers.
California Penal Code Essay