Crimes of Passion
There is something about the term “crime of passion” that causes many of us to think about romance and true love. The reality is that crimes of passion are not about showering a loved one with flowers and chocolate. Victims of crimes of passion will tell you that they are actually terrifying, life-altering acts that have more to do with fear than love.
What are Crimes of Passion
The legal definition of a crime of passion is, “a defendant’s excuse for committing a crime due to sudden anger or heartbreak, to eliminate the element of premeditation.”
A suspect is never charged with a crime of passion. That phrase is primarily used by the media and defense attorneys. In most cases, people who have committed “crimes of passion” are actually charged with murder, assault, or sexual assault.
Why so Many Use the Crime of Passion Defense
There are two reasons so many people use the crime of passion excuse. The first is to eliminate the idea that the crime was premeditated. If the prosecutor is convinced that the crime was premeditated and they feel they can prove it in court, the charges, and resulting penalties, will be far more severe than if you are found guilty of acting in the heat of the moment.
For example, for the prosecution to pursue a case of premeditated murder, the lawyer has to prove the suspect didn’t just think about murdering the victim, but actively planned out the details. Failing to prove this could cost the prosecutor the case.
Another reason defense attorneys like to use the phrase “crime of passion” while defending a suspect is because it’s a great way to convince the jury to put themselves in the accused shoes. The lawyer is basically asking each jury member to put themselves in the suspect’s shoes and imagine how they would feel if they were in the same situation. In some situations this can sway the jury, causing them to find the defendant not guilty.
It’s worth noting that California has an interesting take on crimes of passion that result in murder. In California, the defense not only has to prove that the murder was a crime of passion, but they also have to prove that the defendant was experiencing emotional turmoil at the time. The way the law is written makes it difficult for an attorney to use the crime of passion defense in cases that involve revenge.
The Legal Ins and Outs of Internet Trolling
The internet, particularly social media sites, provide people with an opportunity to share their opinions on a variety of topics. In many cases, this leads to a lively and thought-provoking debate. At other times, it brings out internet trolls.
What is Internet Trolling
An internet troll is someone who jumps into an online conversation and promptly starts making inflammatory, derogative, and infuriating comments. In most cases, the individual doesn’t want to contribute to the conversation, but simply wants to trigger an emotional response. Sometimes the troll focuses their attention on a particular subject matter. Other times, the troll focuses on a single individual or group. Today, internet trolling is considered malicious and a form of bullying.
Signs that a commenter is an internet troll include:
- They make remarks that have nothing to do with the original topic
- They’re unable to handle actual facts (they’ll either ignore them or cry fake news)
- They have a belligerent tone and make condescending, dismissive remarks
- They make the same comment, over and over again, on multiple posts
Internet trolling isn’t limited to a handful of people. A recent survey revealed that 28% of Americans have perpetrated an internet trolling incident.
How California Views Internet Trolling
From a legal standpoint, internet trolling is complicated. As a rule, behaving like a jerk and irritating people with online comments isn’t a crime. The problem lawmakers face is that on several occasions, internet trolls have crossed a line and become internet bullies. As soon as the line is crossed, the issue becomes a legal matter.
An internet troll will find themselves in hot legal water when they:
- Start posting harmful material along with their comments.
- They actively encourage others to join in the harassment of the original poster/group
- They violate California’s cyberstalking laws
- Instead of just making comments, they move on to sending harassing comments to the original poster via text messages, emails, or phone calls.
- They start making criminal threats
Many internet trolls believe that the First Amendment allows them to say whatever they want. While it’s true that the First Amendment does grant everyone the right to free speech, it’s important to understand that there are limitations to free speech.
Several First Amendment cases have reached the U.S. Supreme Court where the legal groundwork was laid to allow individuals who make obscene and deliberately false statements to be prosecuted by the law. The same is true for comments that are designed to trigger a severely violent or emotional response. While cases that are directly connected to cyberbullying and internet trolling haven’t yet reached the U.S. Supreme Court, many feel it is only a matter of time before the justices hear a case that helps set a legal standard for cyberbullying and trolling.
California Vehicle Exhaust Noise Laws
When it comes to noisy cars people always have one of two opinions: they either think the deep rumble sounds awesome or they think it is the most obnoxious and irritating thing they’ve heard all day. Many feel that a car with either a broken or modified exhaust is a major nuisance and disruption. To simplify the matter, California’s lawmakers created exhaust noise laws. These set a very strict limit on the amount of noise your vehicle can legally make as you drive it down the road.
California’s vehicle exhaust noise laws are addressed in the California Vehicle Code. They’re numbers 27150 – 27153.
California Vehicle Code # 27150 requires that your vehicle have an adequate muffler. This doesn’t just mean that not only does your car has to have muffler, but that it also has to be in good working order. This must be in place when you bring your car in for its registration inspection. The same law states that your vehicle won’t pass its inspection if the muffler or exhaust system has been set up with any type of cutout or bypass.
California Vehicle Code # 27151 prohibits you from making modifications to your exhaust that either directly violate VC 27151 or that raise the decibel level of your vehicle above 88 dbA. If your vehicle weighs less than 6,000 pounds or is a motorcycle, it can’t make noise that exceeds 95 dbA. It’s worth noting that most contemporary vehicles, even the ones that have a nice throaty roar, are designed in such a way that the noise they make doesn’t exceed 75 dbA.
One of the challenges driver’s face is that the way the vehicle codes that deal with excessive noise are written, police officers don’t necessarily know how much noise your exhaust system makes. They can pull you over simply because your vehicle is nosier than the rest of the cars on the road. The current writing of the law allows them to “exercise their own judgment.” There’s a chance that they’ll issue an excessive noise ticket even if your car is within the legal noise limits.
If you’re issued an excessive noise ticket, you’ll have to take your vehicle to a mechanic and have the problem repaired (or removed if there’s an illegal modification.) The next step is going to the California Referee Center. After looking at both your ticket and your vehicle’s registration the Referee Center will test your exhaust system and determine if it meets the legal requirements. If everything is in order, they’ll issue a Certificate of Compliance which you’ll have to show the traffic court.
The tickets for illegal exhausts and excessive noise vary. For a first offense, the ticket is usually $25 with fees climbing to $193. There have been some instances where the overall cost of the illegal exhaust fines reaching $1,105.
If the police pull you over, it’s possible that they will notice other issues, such as unpaid parking tickets, bench warrants, parole violations, etc. All things considered, it’s in your best interest to keep your car quiet and not attract police attention.
Driving on a Suspended License in California
Several California drivers have found that they didn’t fully appreciate how much independence they enjoyed as a result of their driver’s license until the state suspended that license, making it impossible for the person to drive themselves.
Why California Driver’s Licenses Are Suspended
There are a variety of reasons your California driver’s license could be suspended. The most common cause for suspensions is a DUI conviction. Unpaid tickets, severe driving infractions, and simply accumulating too many bad driving points can also result in a suspension. There are even cases where California driver’s licenses have been suspended for non-driving offenses, the most common of which is unpaid child support.
What a Suspended California Driver’s License Means
If your license has been suspended it means you can’t drive, for any reason, until you’re able to get the license reinstated. In some cases, such as drunk driving and reckless driving, the suspension has a time limit, such as 6 months. In other cases, it remains suspended until you correct whatever issue triggered the suspension. For example, if it was suspended because you didn’t pay child support, it will remain suspended until you’ve gotten caught up on what you owe.
Driving on a Suspended California Driver’s License
California’s Vehicle Code #14601.1 deals with the issue of anyone who is caught driving on a suspended license in California. It states, “(a) No person shall drive a motor vehicle when his or her driving privilege is suspended or revoked for any reason other than those listed in Section 14601, 14601.2, or 14601.5, if the person so driving has knowledge of the suspension or revocation. Knowledge shall be conclusively presumed if mailed notice has been given by the department to the person pursuant to Section 13106. The presumption established by this subdivision is a presumption affecting the burden of proof.”
The penalties that can be connected to driving on a suspended driver’s license in California include:
- Having to spend time in jail
- Substantial fines
- Probation
- Additional costs for any additional traffic violations that were committed while you drove with a suspended license
If your California driver’s license is suspended and you can’t fathom how you’ll get by without it, there’s a chance you can appeal to the court and get what California calls a hardship license. This type of license is a heavily regulated one that limits where you can drive and even what times you can drive. If you’re caught driving at a time or for a purpose that doesn’t align with the limits, you’ll be charged with driving on a suspended license.