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CRIMINAL LAW Flashcards

1
Q

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

A

statutory law

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2
Q

a grand jury is a group of how many citizens?

A

20

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3
Q

470 pc is a

A

felony

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4
Q

malice aforethought in criminal law most nearly means

A

it denotes purpose and design as contrasted with accident

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5
Q

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

A

a person legally declared an idiot

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6
Q

in an insanity defense who has the burden of proof?

A

the defendant

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7
Q

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

A

maybe considered to determine intent

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8
Q

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

A

dob of suspect is not required

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9
Q

of the following which are not considered precious metals

A

copper

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10
Q

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

A

is punishable by death, imprisonment or fine

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11
Q

when must you give a miranda warning

A

in a custodial situation

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12
Q

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

A

false

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13
Q

heroin is best described as a

A

narcotic

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14
Q

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

A

act & intent or criminal negligence

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15
Q

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

A

clergyman’s statement

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16
Q

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

A

written law

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17
Q

those who aid in hiding felons are considered an

A

acessory

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18
Q

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

A

an admission

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19
Q

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

A

a pricipal

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20
Q

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?

A

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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21
Q

a lawful arrest can be defined as

A

taking a person into custody in a manner authorized by law

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22
Q

the statute of limitations for a common felony is

A

three years

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23
Q

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

A

1st degree murder

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24
Q

the law requires that the language of criminal statutes be

A

English except for medical terms

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25
Q

evidence abandoned by a suspect fleeing a lawful detention may be seized

A

true

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26
Q

mapp vs ohio deals with

A

the exclusionary rule

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27
Q

a warrant abstract or telegraphic arrest warrant must contain all but which of the following

A

the county of which it was issued

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28
Q

which famous court case restricted the police officers right to search after making an arrest

A

chimel

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29
Q

a feigned accomplice is most nearly described as

A

one who participates in a crime to gather evidence

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30
Q

corpus delecti most nearly means

A

basic elements of a crime

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31
Q

penal code section 1534 describes what

A

the 10 day service and return of a search warrant

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32
Q

the four different types of intent when applied to criminal acts are

A

specific, transferred, general, and criminal negligence

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33
Q

a principal to a crime is which of the following?

A

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

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34
Q

misdemeanor arrests can occur during what hours?

A

between 6 am and 10 pm

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35
Q

persons who have standing to give consent to search are all except: live in babysitter, landlords, roommate, or spouse?

A

landlords

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36
Q

case law is the result of the interpretation of statuatory law by appellate courts and must be followed by lower courts. T / F

A

true

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37
Q

the mcnaugghten rule most nearly means

A

the establishment of criminal capacity to commit a crime

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38
Q

the basic maximum term in jail for a misdemeanor offense is

A

6 months

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39
Q

during a trial who has the responsibility of determining admissibility of evidence

A

judge

40
Q

a felony is distinguishable from a misdemeanor by

A

the type of penalty prescribed for the offense

41
Q

judicial notice most nearly means

A

the information which is accepted as true on its face

42
Q

a grand jury serves for how long

A

1 year

43
Q

Mr Jones commits a bank robbery, under California law, mr jones is classified as

A

a principal

44
Q

the chief trial court in California as in many other states is which of the following

A

superior court

45
Q

PC section 4 describes what?

A

the spirit of the law

46
Q

can a peace officer make an arrest for a misdemeanor not commited in his presence?

A

NO

47
Q

a person making the arrest of another never needs to inform the suspect of the intention to arrest him if the following has occurred

A

the suspect is engaged in a crime

48
Q

penal code section 484f is a

A

felony

49
Q

837 pc deals with

A

private persons arrest

50
Q

the crime for which the minimum penalty is a year or less in the county jail is

A

a misdemeanor

51
Q

the 14th amendment to the us constitution states

A

the right to due process

52
Q

a defense attorney may control certain parts of a line-up

A

false

53
Q

the term common law when applied to California law most nearly means which of the following

A

unwritten law

54
Q

protection against cruel and unusual punishment is covered under which of the following amendments to the US constitution

A

8th

55
Q

when must a juvenile be advised of miranda

A

immediately after arrest

56
Q

if an officer accepts a reward for not prosecuting a suspect the crime is

A

compounding felony

57
Q

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

A

plain sight doctrine

58
Q

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

A

exclusionary rule

59
Q

to intercept police radio transmissions by use of a scanner to assist in a crime, avoid arrest, trial, conviction, etc is a

A

misdemeanor

60
Q

if a person is charged with an infraction do they have a right to a jury trial

A

no

61
Q

the elements of robbery include all but which of the following

A

asportation of the victim

62
Q

a grand theft is how much in dollars

A

950

63
Q

you may make a misdemeanor arrest not commite in your presence in all cases except

A

carrying a loaded firearm in a public place

64
Q

malice is defined as

A

a wish to vex and annoy

65
Q

a crime that is considered malum en se is one that

A

is bad because the act is considered morally wrong

66
Q

if a 290 registrant fails to register as required he has commited a

A

misdemeanor

67
Q

a conspiracy is not complete until

A

an overt act is committed

68
Q

in order to make a lawful arrest you must inform the person to be arrested all but which of the following

A

the court in which he will be arraigned

69
Q

during a criminal trial evidence in question is not allowed because the exclusionary rule is invoked. the probably means

A

it was obtained in violation of the defendant’s rights

70
Q

a citizen who makes a private person arrest must deliver the arrestee to the magistrate or poliice

A

without delay

71
Q

according to the rochen case, evidence will not be excluded if

A

if it does not shock the conscience of the community

72
Q

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

A

illegal because one of the elements is missing

73
Q

a search warrant is based upon

A

probable cause

74
Q

which of the following is not a type of intent: general, specific, constructive, or accidental

A

accidental is not a type of intent

75
Q

specific intent refgers to which of the following

A

the particular state of mind to commit a certain act

76
Q

a principal who testifies against another principal at trial is defined as which of the following

A

accomplice

77
Q

the emergency rescue doctrine deals with

A

bypassing miranda warnings

78
Q

once a criminal conspiracy has been born is it possible to withdraw from it

A

yes

79
Q

there is not statute limiting the commencement of criminal action in which of the following cases

A

falsification of public records

80
Q

all of the following persons are incapable of committing a crime except for one

A

married women acting in concert with their husbands

81
Q

all of which of the following can be parties to a crime: principal, or perpetrator, or accessory before the fact, or accomplices

A

accessory before the fact

82
Q

the exclusionary rule as it is applied by the courts today has the following impact

A

controlling law enforcement officers in obtaining evidence

83
Q

California evidence code section 140 defines evidence most nearly as which of the following

A

testimony, writing or material objects offered to prove fact

84
Q

evidence seized by a private person without a warrant is

A

usually admissible

85
Q

an alternative offense is one that is

A

punishable by state prison or county jail

86
Q

the court procedure to determine if there is reasonable cause to believe that a felony has been committed is known as

A

preliminary hearing

87
Q

the doctrine which makes the decisions of the appellate courts binging upon the lower courts is

A

stare decisis

88
Q

use of prior convictions may be used in a criminal trial against a defendant when

A

impeachment

89
Q

the statue of limitations is 3 years on

A

some felonies

90
Q

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

A

voluntary manslaughter

91
Q

all crimes and public offenses can be grouped under these 3 headings

A

felony, misdemeanor, or infraction

92
Q

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

A

lawful

93
Q

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

A

falsification of public records

94
Q

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

A

conspiracy

95
Q

what right does the 4th amendment protect

A

right against unlawful search and seizure

96
Q

cocaine is a schedule what narcotic

A

II

97
Q

the ramsey decision contains a clause explaining “exigent circumstances”, is escape of a material witness considered exigent?

A

no escape of a material witness is not exigent

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