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CRIMINAL LAW MAY BE CLASSIFIED INTO WHICH TWO MAJOR CATEGORIES?
SUBSTANTIVE AND ADJECTIVE LAW
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WHICH IS ARE A PENALTYS FOR A CRIME?
- DEATH
- FINE OR IMPRISONMENT
- REMOVAL FROM OFFICE
- DISQUALIFICATION TO HOLD/ENJOY ANY OFFICE OF HONOR.
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WHICH OF THE FOLLOWING STATEMENTS IS TRUE OF THE STATUE OF LIMITATIONS?
MOST MISDEMEANORS ARE 1 YEAR.
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CRIMINAL ACTS THAT ARE CONSIDERED WRONG OR EVIL IN THEMSELVES ARE REFERRED TO AS:
MALA IN SE
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FRENCH TERM THAT MEANS "CIVIL WRONG" IS:
TORT
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THE PRINCIPLE THAT BINDS COURTS TO STAND BY PRIOR DECISIONS IS
STARE DECISIS
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TWO TYPES OF OPINIONS RENDERED BY THE ATTORNEY GENERAL ARE
FORMAL AND INFORMAL
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CRIMES IN CALIFORNIA RE DIVIDED INTO ALL BUT ONE OF THE FOLLOWING CATEGORIES. NAME ALL THAT APPLY.
- FELONIES
- MISDEMEANOR
- INFRACTIONS
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WHEN A CRIME DECLARED BY STATUE HAS NO SPECIFIC PENALTY IT IS PUNISHED AS A:
MISDEMEANOR
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ALL OF THE FOLLOWING IS A LESSER INCLUDED OFFENSE TO THE MAJOR CRIME. NAME ALL THAT ARE APPLICABLE AND HIGHLIGHT THE ONE THAT IS NOT:
- SIMPLE ASSAULT- ASSAULT WITH DEADLY WEAPON
- SIMPLE ASSAULT-ATTEMPTED MURDER
- PETTY THEFT-ROBBERY
- *NOT* ROBBERY-RECEIVING STOLEN PROPERTY
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WHICH ONE OF THE FOLLOWING IS TRUE TO CALIFORNIA CRIMINAL LAW?
IF SENTENCED TO COUNTY JAIL FOR BURGLARY, THE CONVICTION IS A MISDEMEANOR.
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THE EFFECT OF PROPOSITION 8 ON THE EXCLUSIONARY RULE WAS THAT IT BOUGHT:
CALIFORNIA INTO LINE WITH FEDERAL RULES.
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WHICH IS TRUE WITH REGARDS TO INFRACTIONS?
IT CANNOT BE PUNISHED BY IMPRISONMENT, NOR DO YOU HAVE THE RIGHT TO A JURY TRIAL OR ATTORNEY.
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NAME THREE TYPES OF INTENT?
- GENERAL
- SPECIFIC
- TRANFERRED (OR CONSTRUCTIVE)
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IN CRIMINAL LAW THE TERM CORPUS DELECTI MOST GENERALLY MEANS:
THE ESSENTIAL ELEMENTS OF A CRIME
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PC 20 SAYS THAT A UNION OR JOINT OPERATION BETWEEN WHICH OF THE FOLLOWING TWO FACTORS MUST EXIST TO CONSTITUTE A CRIME?
ACT AND INTENT
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ALL ARE CORRECT RELATIVE TO THE ELEMENTS OF A CRIME.
- MAY BE PROVEN BY A PREPONDERANCE OF THE EVIDENCE
- MAY BE PROVEN SOLELY BY CIRCUMSTANTIAL EVIDENCE
- PRIMA FACIA PROOF WILL SIFFICE
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THE PURPOSE, RESOLVE, OR DETERMINATION TO COMMIT A CRIME IS THE DEFINITION OF WHICH ONE OF THE FOLLOWING?
INTENT
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THE FACT THAT A PERSON IS ASSUMED TO INTEND THE ORDINARY AND NATURAL CONSEQUENCES OF HIS CRIMINAL ACT IS AN EXAMPLE OF:
SPECIFIC INTENT
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A GROSS DEPARTURE FROM THE NORMAL STANDARD OF CARE IS AN EXAMPLE OF:
CRIMINAL NEGLIGENCE
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FOR A PERSON TO BE HELD CRIMINALLY LIABLE FOR A FAILURE TO ACT:
THE PERSON MUST HAVE A LEGAL DUTY TO ACT.
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THAT WHICH PRODUCES AN EVENT AND WITHOUT WHICH THE EVENT COULD NOT HAVE OCCURRED IS CALLED:
PROXIMATE CAUSE
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MENS REA IS MOST OFTEN POVEN BY?
INFERENCE FROM A PERSON'S ACTIONS.
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CAN "DURESS" BE A DEFENCE
YES. EXEPT IN DEATH PENALTY OR CAPITAL CRIMES CASES.
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UNDER EXISTING LAW, KILLING SOMEONE WHILE SLEEPWALKING IS CONSIDERED:
AN INVOLUNTARY ACT
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CALIFORNIA USES THIS FORMAT FOR THE INSANITY DEFENSE. CALLED THE " RIGHT AND WRONG" TEST, IT REFERST TO THE:
McNaugten RULE.
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IN CALIFORNIA CHILDREN MAY BE CHARGED AS ADULTS, AS YOUNG AS:
14 YEARS OLD.
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ONE WHO AIDS, ABETS, ADVISES AND ENCOURAGES THE ACTUAL PERPERATOR IN A CRIME:
PRINCIPAL
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THE TERM "PRINCIPAL TO A CRIME"
APPLIES TO BOTH FELONY AND MISDEMEANOR
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ONE WHO KNOWINGLY HARBORS AND CONCEALS A FELON IS
AN ACCESSORY
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IF "A" AND "B" PLAN A BURGLARY AND "A" BUYS TOOLS TO BE USED IN THE CRIME:
BOTH ARE GUILTY OF CONSPIRACY AT THIS POINT.
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NAME ALL THE CONSPIRACYS.
- CONSPIRACY IS A SPECIFIC INTENT CRIME
- CONSPIRACY TO COMMIT A MISDEMEANOR IS A FELONY
- MERE AGREEMENT TO COMMIT A CRIME IS NOT CONSPIRACY.
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"A" OFFERS MONEY TO "B" TO COMMIT PERJURY, HOWEVER, "B" TELLS THE TRUTH ON THE STAND IN COURT:
"A" IS GUILTY OF BRIBING THE WITNESS
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148 PC ALSO INCLUDE:
RESISTING, DELAYING, OR OBSTRUCTING OFFICER OR AN EMERGENCY MEDICAL TECHNICIAN AND IT ANY ATTEMPT TO TAKE AWAY AN OFFICERS GUN, ITS A FELONY.
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WHICH ANSWER/S ARE ELEMENTS OF IMPERSONATING AN OFFICER?
- ARRESTING, DETAINING OR THREATENING TO ARREST OR DETAIN.
- INTIMIDATING OTHERS,
- SEARCHES ANY PERSON, BUILDING OR PROPERTY OF ANOTHER.
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TYPICAL DEFENSES PREVENTING POLICE TO BE SUED FOR FALSE ARREST ARE
- SUFFICIENT PROBABLE CAUSE TO ARREST
- SELF DEFENCE
- REASONABLE FORCE WAS USED IN MAKING THE ARREST.
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WHICH IS TRUE ACCORDING TO THE EXCLUSIONARY RULE?
EVIDENCE RESULTING FROM AN ILLEGAL SEARCH MAY GET THROWN OUT.
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WHICH OF THE FOLLOWING ARE PEACE OFFICERS WHO CAN ENFORCE STATE LAWS?
- PAROLE AGENTS
- CHP OFFICERS
- PROBATION OFFICERS
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A PRIVATE INVESTIGATOR TALKS TO A PERSON'S FORMER LANDLADY, IDENTIFIES HIMSELF AS A POLICE OFFICER AND DEMANDS INFORMATION ABOUT THE PERSON. WHAT IS THE CRIME?
IMPERSONATING A POLICE OFFICER.
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AS AN OFFICER TRIED TO PUT AN ARRESTEE INTO HIS PATROL CAR, FRED STOOD IN FRONT OF THE CAR DOOR AND REFUSE TO MOVE. WHAT CRIME DID FRED COMMIT?
DELAYING OR OBSTRUCTING AN OFFICER.
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A LAWFUL ARREST CAN BEST BE DEFINED AS TAKING A PERSON:
INTO CUSTODY IN A MANNER AUTHORIZED BY LAW.
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ALL THE FOLLOWING IS TRUE OF A CONSENSUAL ENCOUNTER:
- REQUIRES NO SPECIFIC JUSTIFICATION
- REQUIRES REASONABLE PROBABLE CAUSE
- DOES NOT REQUIRE THE SAME SUSPICION AS DOES A DETENTION.
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POLICE CONTACTS ARE COVERED BY WHICH AMENDMENT?
4TH AMENDMENT
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WHICH BELONG REGARDING A TRAFFICT STOP?
- ITS AN EXAMPLE OF TEMPORATY DETENTION
- MAY BE FOLLOWED BY A PAT-DOWN FOR WEAPONS WITH SUSPICIONS ARTICULATED
- MAY TAKE NO LONGER THAN IS REASONABLE NECESSARY.
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LEGAL ENTRY INTO A HOME WITHOUT PERMISSION MAY BE DONE UNDER ALL OF THE FOLLOWING:
- IN FRESH PURSUIT
- BY A SEARCH OR ARREST WARRANT
- UNDER EXIGEN CIRCUMSTANCES.
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THE CASE THAT REQUIRES OFFICERS TO "ADMONISH" PEOPLE IN CUSTODY OF THEIR RIGHTS IS:
MIRANDA V ARIZONA
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POLICE CONTACTS WITH CITIZENS ARE BASICALLY DONE UNDER THREE CONDITIONS. WHICH ARE THEY?
- CONSENTUAL ENCOUNTERS
- DETENTIONS
- ARREST
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CONSENTUAL ENCOUNTERS AND DETENTIONS DO NOT REQUIRE WHAT FOR THEIR INITIATION?
DOES NOT REQUIRE PROBABLE CAUSE.
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FOR A "DETENTION" THE POLICE MUST HAVE AT LEAST A:
ARTICUABLE SUSPICION
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TERRY V OHIO HELD THAT OFFICERS MAY CONDUCT:
A CURSORY "PAT-DOWN" OF OUTER CLOTHING FOR WEAPONS
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WHAT IS THE GUIDING FACTOR IN MAKING AN ARREST OR INITIATING A DETENTION?
WHETHER THE ACTIONS WERE REASONABLE
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ONCE ARRESTED, YOU MUST BE TAKE BEFORE A MAGISTRATE:
WITHIN 48 HOURS (OR TWO COURT DAYS)
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WHICH ARE ELEMENT OF 415 PC DISTURBING THE PEACE?
- FIGHTING IN PUBLIC
- LOUD AND UNREASONABLE NOICE
- OFFENSICE WORDS WHICH PROVOKE A VIOLENT REACTION.
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TO BE GUILTY OF PROWLING OR WINDOW PEEPING, THE ACT MUST BE DOME
WITHOUT UNLAWFUL BUSINESS WITH THE OCCUPANT.
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WHATS THE KEY TO TRESTPASS SECTIONS?
THE PERSON REFUSES TO LEAVE AFTER BEING ASKED BY THE OWNER/AGENT
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WHICH ARE EXAMPLES OF "ILLEGAL" SPEECH?
- SHOUTING FIRE IN A CROWDED THEATER
- MAKING JOKES ABOUT BOMBS, TERRORIST, AT THE AIRPORT.
- THREATS TO KILL THE PRESIDENT.
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WHICH ARE PENALTIES FOR CRIME?
- DEATH
- FINE
- REMOVAL FROM OFFICE.
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IN CRIMINAL LAW, "CORPUS DELECTI" MOST GENERALLY MEANS:
THE ESSENTIAL ELEMENTS OF A CRIME
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IN CALIFORNIA, HOW MANY MUST BE INVOLVED IN A CONSPIRACY?
TWO OR MORE
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THE PRINCIPLE THAT BINDS COURTS TO STAND BY PRIOR DECISIONS IS:
STARE DECISIS
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ASSAULTING SOMEBODY BECAUSE OF HIS/HER RELIGION IS AN EXAMPLE OF:
A HATE CRIME
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CRIMES IN CALIFORNIA ARE DIVIDED INTO ALL THESE CATEGORIES?
- FELONIES
- MISDEMEANORS
- INFRACTIONS
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WHICH IS TRUE WITH REGARDS TO INFRACTIONS?
IT CANNOT BE PUNISHED BY IMPRISONMENT , NOR DO YOU HAVE THE RIGHT TO AN ATTORNEY OR JURY TRIAL.
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WHO HAS TO PROVE THE DEFENDANT WAS INSANE AT THE TIME OF THE CRIME?
THE DEFENCE.
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