What is the difference between a statutory and common law crime?
In California, there are two different types of crimes known as statutory and common law crimes. Statutory crimes are defined by laws that are created and enforced by the state legislature. These laws are found in the California Penal Code (CPC) and are criminal offenses created by the legislature in order to protect citizens from harm or criminal activities. Examples of statutory crimes are murder, rape, robbery, and fraud. Common law crimes, on the other hand, are offenses that have been developed through the decisions of judges and court cases. These offenses are not specifically written into the California Penal Code and are based on the interpretation of common law, which is the judicial system’s interpretation of laws derived from tradition and precedent. Common law crimes include things like disorderly conduct, public intoxication, and disturbing the peace. Overall, the main difference between statutory and common law crimes is that statutory crimes are specifically enumerated in the California Penal Code while common law crimes are derived from the interpretation of court cases. This means that statutory crimes are more clearly defined and have more severe punishments, while common law crimes may have less severe punishments or no clear definition.
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