CRIMINAL LAW Flashcards
all California criminal law is regarded as which of the following:
statutory law
a grand jury is a group of how many citizens?
20
470 pc is a
felony
malice aforethought in criminal law most nearly means
it denotes purpose and design as contrasted with accident
which of the following persons is legally incable of committing a crime?
a person legally declared an idiot
in an insanity defense who has the burden of proof?
the defendant
the fact that a person is in a state of voluntary intoxication at the time an offense is commited
maybe considered to determine intent
all except which of the following is required information on an arrest warrant? judges signature or name of defendant, or dob of suspect or date of issuance
dob of suspect is not required
of the following which are not considered precious metals
copper
a crime is an act or omission in violation of the law which is punishable by
is punishable by death, imprisonment or fine
when must you give a miranda warning
in a custodial situation
a defendant has the right to an attorney at an in field show up?
false
heroin is best described as a
narcotic
a crime cannot be committed unless there is a union of what
act & intent or criminal negligence
which of the following is not an exception to the hearsay rule?
clergyman’s statement
the term statutory law when applied to California law most nearly means
written law
those who aid in hiding felons are considered an
acessory
a self incriminating statement falling short of an acknowledge of guilt is
an admission
an accomplice in a crime is always which of the following?
a pricipal
a police officer desires to take blood from a susect who is in custody, in a constitutional manner, he should do which of the following?
it must be taken in a medically approved manner, the suspect must be under arrest, it may be taken with a reasonable amount of force if he refuses
a lawful arrest can be defined as
taking a person into custody in a manner authorized by law
the statute of limitations for a common felony is
three years
if a and B plan to kill c, and actually do kill c. what crime has been committed?
1st degree murder
the law requires that the language of criminal statutes be
English except for medical terms
evidence abandoned by a suspect fleeing a lawful detention may be seized
true
mapp vs ohio deals with
the exclusionary rule
a warrant abstract or telegraphic arrest warrant must contain all but which of the following
the county of which it was issued
which famous court case restricted the police officers right to search after making an arrest
chimel
a feigned accomplice is most nearly described as
one who participates in a crime to gather evidence
corpus delecti most nearly means
basic elements of a crime
penal code section 1534 describes what
the 10 day service and return of a search warrant
the four different types of intent when applied to criminal acts are
specific, transferred, general, and criminal negligence
a principal to a crime is which of the following?
those who advise and encourage but do not commit a crime, those who by threats compel another to commit a crime, and the person who actually commits the crime
misdemeanor arrests can occur during what hours?
between 6 am and 10 pm
persons who have standing to give consent to search are all except: live in babysitter, landlords, roommate, or spouse?
landlords
case law is the result of the interpretation of statuatory law by appellate courts and must be followed by lower courts. T / F
true
the mcnaugghten rule most nearly means
the establishment of criminal capacity to commit a crime
the basic maximum term in jail for a misdemeanor offense is
6 months
during a trial who has the responsibility of determining admissibility of evidence
judge
a felony is distinguishable from a misdemeanor by
the type of penalty prescribed for the offense
judicial notice most nearly means
the information which is accepted as true on its face
a grand jury serves for how long
1 year
Mr Jones commits a bank robbery, under California law, mr jones is classified as
a principal
the chief trial court in California as in many other states is which of the following
superior court
PC section 4 describes what?
the spirit of the law
can a peace officer make an arrest for a misdemeanor not commited in his presence?
NO
a person making the arrest of another never needs to inform the suspect of the intention to arrest him if the following has occurred
the suspect is engaged in a crime
penal code section 484f is a
felony
837 pc deals with
private persons arrest
the crime for which the minimum penalty is a year or less in the county jail is
a misdemeanor
the 14th amendment to the us constitution states
the right to due process
a defense attorney may control certain parts of a line-up
false
the term common law when applied to California law most nearly means which of the following
unwritten law
protection against cruel and unusual punishment is covered under which of the following amendments to the US constitution
8th
when must a juvenile be advised of miranda
immediately after arrest
if an officer accepts a reward for not prosecuting a suspect the crime is
compounding felony
if you are a police officer an in a place you have a legal right to be you may seize evidence without a search warrant based upon which of the following
plain sight doctrine
the rule which does not allow introduction of evidence into court because it was seized unreasonable according to the 4th amendment to the US constitution
exclusionary rule
to intercept police radio transmissions by use of a scanner to assist in a crime, avoid arrest, trial, conviction, etc is a
misdemeanor
if a person is charged with an infraction do they have a right to a jury trial
no
the elements of robbery include all but which of the following
asportation of the victim
a grand theft is how much in dollars
950
you may make a misdemeanor arrest not commite in your presence in all cases except
carrying a loaded firearm in a public place
malice is defined as
a wish to vex and annoy
a crime that is considered malum en se is one that
is bad because the act is considered morally wrong
if a 290 registrant fails to register as required he has commited a
misdemeanor
a conspiracy is not complete until
an overt act is committed
in order to make a lawful arrest you must inform the person to be arrested all but which of the following
the court in which he will be arraigned
during a criminal trial evidence in question is not allowed because the exclusionary rule is invoked. the probably means
it was obtained in violation of the defendant’s rights
a citizen who makes a private person arrest must deliver the arrestee to the magistrate or poliice
without delay
according to the rochen case, evidence will not be excluded if
if it does not shock the conscience of the community
at 1130 PM a suspect is arrested on a misdemeanor warrant inside a local bar, the warrant is not endorsed for night service, the arrest under these circumstances would be which of the following
illegal because one of the elements is missing
a search warrant is based upon
probable cause
which of the following is not a type of intent: general, specific, constructive, or accidental
accidental is not a type of intent
specific intent refgers to which of the following
the particular state of mind to commit a certain act
a principal who testifies against another principal at trial is defined as which of the following
accomplice
the emergency rescue doctrine deals with
bypassing miranda warnings
once a criminal conspiracy has been born is it possible to withdraw from it
yes
there is not statute limiting the commencement of criminal action in which of the following cases
falsification of public records
all of the following persons are incapable of committing a crime except for one
married women acting in concert with their husbands
all of which of the following can be parties to a crime: principal, or perpetrator, or accessory before the fact, or accomplices
accessory before the fact
the exclusionary rule as it is applied by the courts today has the following impact
controlling law enforcement officers in obtaining evidence
California evidence code section 140 defines evidence most nearly as which of the following
testimony, writing or material objects offered to prove fact
evidence seized by a private person without a warrant is
usually admissible
an alternative offense is one that is
punishable by state prison or county jail
the court procedure to determine if there is reasonable cause to believe that a felony has been committed is known as
preliminary hearing
the doctrine which makes the decisions of the appellate courts binging upon the lower courts is
stare decisis
use of prior convictions may be used in a criminal trial against a defendant when
impeachment
the statue of limitations is 3 years on
some felonies
Jon catches joe in bed with his wife, john becomes angry and stikes joe with a bat and kills him. what crime is john guilty of if any
voluntary manslaughter
all crimes and public offenses can be grouped under these 3 headings
felony, misdemeanor, or infraction
at 2 am you observe a wanted felon riding in a vehicle traveling on a road in a private shopping center, you arrest him for the felony crime. the arrest was
lawful
there is no statute of limitations for which of the following crimes.
falsification of public records,
acceptance of a bribe by a public official,
embezzlement of public funds,
or manslaughter
falsification of public records
a and b plot to rob a liquor store next Friday, on Thursday, unknown to be, a buys a gun from c to use n their 211. A and B have completed a
conspiracy
what right does the 4th amendment protect
right against unlawful search and seizure
cocaine is a schedule what narcotic
II
the ramsey decision contains a clause explaining “exigent circumstances”, is escape of a material witness considered exigent?
no escape of a material witness is not exigent
