CRIMINAL LAW Flashcards by Tommy C

all California criminal law is regarded as which of the following:

statutory law

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a grand jury is a group of how many citizens?

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470 pc is a

felony

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malice aforethought in criminal law most nearly means

it denotes purpose and design as contrasted with accident

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which of the following persons is legally incable of committing a crime?

a person legally declared an idiot

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in an insanity defense who has the burden of proof?

the defendant

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the fact that a person is in a state of voluntary intoxication at the time an offense is commited

maybe considered to determine intent

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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

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of the following which are not considered precious metals

copper

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a crime is an act or omission in violation of the law which is punishable by

is punishable by death, imprisonment or fine

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when must you give a miranda warning

in a custodial situation

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a defendant has the right to an attorney at an in field show up?

false

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heroin is best described as a

narcotic

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a crime cannot be committed unless there is a union of what

act & intent or criminal negligence

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which of the following is not an exception to the hearsay rule?

clergyman’s statement

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the term statutory law when applied to California law most nearly means

written law

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those who aid in hiding felons are considered an

acessory

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a self incriminating statement falling short of an acknowledge of guilt is

an admission

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an accomplice in a crime is always which of the following?

a pricipal

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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

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a lawful arrest can be defined as

taking a person into custody in a manner authorized by law

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the statute of limitations for a common felony is

three years

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if a and B plan to kill c, and actually do kill c. what crime has been committed?

1st degree murder

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the law requires that the language of criminal statutes be

English except for medical terms

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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?

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

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

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