4-5-6

Question 0

“Idiots”

Answer 0

Amended and removed from PC in 2008, now “mentally Incapacitated”

Question 1

Clear Proof

Answer 1

Proof by clear an convincing evidence, a lower standard than proof beyond a reasonable doubt, but a higher standard than proof by a preponderance of evidence

Question 2

Insanity

Answer 2

1026(a)PC-1027PC

No partial insanity in CA, if established, insanity is a complete defense to the crime charged

Question 3

M’Naghten Test (“Right-Wrong”Test)

Answer 3

1.At the time that the act was committed
2.the defendant was suffering from a defect of reason, from a disease of the mind, which caused
3.the defendant to not know
(A)the nature and quality of the act taken or,
(B)the act was wrong

Question 4

“Principal”

Answer 4

Commits crime, either felony or misdemeanor

Question 5

261.5 PC

Answer 5

Unlawful Intercourse

Question 6

Co-Principal

Answer 6

Everyone involved in the crime, (ie: get-away driver, lookout guy ect)

Question 7

Key elements of principal

Answer 7

1) aids and abets in the commission of a crime
2) advises and encourages its commission(even if not present)
3) fraudulently gets another person drunk for the purpose of causing that person to commit a crime
4) compels another to commit a crime by threats, menaces, or coercion

Question 8

Accessory:

Answer 8

1)knowledge of the crime AFTER crime has been committed, helps suspect (ex: mother hiding son from police after he killed someone)

Question 9

664 PC

Answer 9

Attempted crime, any crime, for example; 187 PC/664 PC =attempted murder. Attempted crimes are usually 1/2 sentence with exception to murder

Question 10

Accomplice:

Answer 10

Principal that has become a witness for the state (plea deal–>flips on others)

Question 11

Feigned Accomplice:

Answer 11

Someone who is setting up a crime (drug deal for example)…would be informant or wearing a wire

Question 12

Inchoate offense:

Answer 12

An offense not yet completed

Question 13

Types of inchoate offenses:

Answer 13

1. attempts
2. conspiracy
3. solicitation

Question 14

Attempts:

Answer 14

1) Specific intent crime, can be one or more persons
2)OVERT ACT required beyond mere preparation
EX: buying something…someone going to kidnap and buys a rope

Question 15

Conspiracy

Answer 15

(182 PC) 2 or more people plan to commit a crime

Question 16

Solicitation to commit a crime-

Answer 16

(653f PC) to ask a person to “commit or join” consummates the crime of solicitation. No overt act is necessary. Proved by 2 witnesses or one witness and corroborating circumstances

Question 17

Section 17

Answer 17

Can reduce felony to a misdemeanor

Question 18

Obstructing Justice Statutes:

Answer 18

Perjury
Subornation of perjury
Bribery
Falsification of evidence

Question 19

Perjury:

Answer 19

118 PC- knowingly making false statements, under oath, to a fact which is material
PENALTY: felony- but jail not prison, for 2,3 or 4 years

Question 20

Conspiracy

Answer 20

182 PC

Question 21

Obstruction of Justice

Answer 21

148 PC- resisting public officers (misdemeanor unless they take an officers weapon) then it becomes a felony wobbler