Final Flashcards

1
Q

type of case

A

criminal case

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2
Q

tried in which court

A

superior court

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3
Q

charges

A

first degree murder PC § 187

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4
Q

penal code § 187

A

the unlawful killing of another human being with malice aforethought

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5
Q

who do the prosecution represent

A

people of the state of california

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6
Q

what burden does the prosecution have

A

burden of proving guilt beyond a reasonable doubt

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7
Q

who is the presider

A

the judge

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8
Q

what does the pretrial motion do?

A

motion to quash evidence

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9
Q

which amendment did the search warrant violate?

A

fourth amendment (protects citizens against unreasonable searches/seizures)

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10
Q

smc stands for what?

A

sunshine medical components

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11
Q

smc founder?

A

fred sunshine

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12
Q

who inherited smc?

A

kieran sunshine

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13
Q

what was the foreverflex?

A

artificial joint replacement

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14
Q

detective perren responded to what call?

A

911 call for homicide

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15
Q

evidence found

A

fibers, fingerprints, saber, body

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16
Q

search warrant for the home siezed what?

A

red and blue silk scarf

17
Q

duties of bailiff

A

swear in witnesses, control courtroom, protect judge

18
Q

new ceo?

A

emari sunshine

19
Q

defendant college injury

A

torn right rotator cuff in college lacrosse game

20
Q

bells hotel purpose

A

IPO announcement at board meeting

21
Q

PC § 188

A

Malice defined: Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.

22
Q

PC § 189

A

Degrees of murder: All murder which is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or amor, poison, lying in wait, torture, or by any other kind of willful, deliberate and premeditated killing … is murder of the first degree.

23
Q

CALCRIM 223

A

Direct and Circumstantial Evidence: Circumstantial evidence does not directly prove the fact to be decided but is evidence of another fact or group of facts from which you may logically and reasonably conclude the truth of the fact in question.

24
Q

CALCRIM 224

A

Circumstantial Evidence: Sufficiency of Evidence: before you may rely on circumstantial evidence to find the defendant guilty, you must be convinced that the only reasonable conclusion supported by the circumstantial evidence is that the defendant is guilty

25
Q

relevance

A

Evidence is relevant if it has any tendency to make a fact that is important to the case more or less probable than the fact would be without the evidence.

26
Q

hearsay

A

an out-of-court statement being offered for the truth of the matter asserted made by a declarant who is not currently under oath

27
Q

compound

A

A compound question joins two alternatives with “and” or “or,” preventing the interrogation of a witness from being as rapid, distinct, or effective for finding the truth as is reasonably possible.

28
Q

narrative

A

A narrative question is too general and calls for the witness to give a broad and unspecific response

29
Q

leading

A

A leading question is a question that suggests the desired response