Terms/concepts

Question 1

Penal code (CA)

Answer 1

Code of laws concerning crimes and offenses which include their punishment

Judges can sentence within the penal code options

Question 2

Case law

Answer 2

Established by outcomes of former cases

Question 3

Precedent

Answer 3

Law created by legal court decision

Question 4

Presumption of innocence

Answer 4

Considered innocent until proven guilty

Question 5

Presumption of release

Answer 5

Pretrial release: defendant is released (not detained) before trial

Question 6

Standard of proof

Answer 6

Preponderance of evidence
Clear and convincing evidence
Beyond a reasonable doubt

Question 7

Adversial court

Answer 7

Regular court

Two sides that argue it out

Question 8

Felony

Answer 8

More serious

Most states: something you cannot be sentenced to jail for

Sentenced to prison

Can also be sentenced to community service, fine or probation

CA: can be sentenced to jail for 1+ years (assault, burglary)

Felony probation= sentence

Question 9

Misdemeanor

Answer 9

Lower level defenses

Up to 1 year in jail

Or community service, fine, or probation

Cannot be sentenced to prison

Question 10

Wobbler

Answer 10

Either a misdemeanor or felony or both

Question 11

Arraignment hearing

Answer 11

Court proceeding in which it provides accused party with the reading of the crime they are charged with

Question 12

Bail/bond

Answer 12

Judge sets bail (on a bond schedule)

Bond schedule is different for every county which is why price varies

If you can’t afford bail, you can go to a bondsman

Question 13

Sentence: Determinate

Answer 13

Minimum sentence and have an exact release date

Most sentences are determinate

Triad (3,5,7) —> 3 diff options of sentencing

Question 14

Sentence: indeterminate

Answer 14

No release date
Ex: 15 yrs to life
Ex: charges of murder, strikes, etc

Question 15

Strikes/enhancements

Answer 15

CA: 3 strikes rule
3rd strike: 25 yrs to life

Enhancements: adding time to sentence
(Gang affiliation, possession of weapon)

Question 16

Collaborative courts

Answer 16

Not as common

Two opposing sides work as a team to decide what’s best for the individuals involved in the case

Ex: drug case

Question 17

Diversion

Answer 17

Keeping someone out of the system or avoiding conviction

• pre arrest —> police decision
• pre plea —> prosecutor decision

Question 18

Prosecutor / district attorney

Answer 18

Can add strikes or enhancements if applicable

Not file charges: inappropriate arrest

File charges: misdemeanor or felony

Question 19

Suspect/ defendant

Answer 19

Suspect= person who is believed of committing a crime but has not charged

Defendant: suspect becomes a defendant once arrested and is being charged with a crime

Question 20

Due process

Answer 20

Fair treatment through the judicial system