California Penal Code: Crimes and Their Elements, Exams of Law

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POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS 3 origins of law - correct answer Constitutional, statutory and case law Constitutional Law - correct answer Rules and provisions found in the federal and state constitutions Statutory Law - correct answer Written laws enacted by a legislative body Case Law - correct answer Previous appellate court decisions that are binding on lower court decisions (know as precedent) Primary purpose is to interpret constitution and clarify statutes Letter of the Law - correct answer The law is strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation Spirit of the law - correct answer The law is applied in accordance with the intent of the legislature, the promotion of fairness and justice, and not solely in literal compliance with the words of the statute Criminal Law - correct answer Violations of the criminal statutes POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS Civil Law - correct answer Non-criminal violations of the law or private wrongs committed by one person of another (civil wrong called a tort) Tort by omission - correct answer Omission of an act or negligence may also be a tort if it violates a legal duty owed to another person PC 15 - correct answer Defines a crime or public offense Penalties: Death Imprisonment Fine Removal from office Disqualification to hold and enjoy any office of honor, trust, or profit in CA Elements of a crime - correct answer The basic facts that must be proven by the prosecution to sustain a conviction Intent - correct answer A mental state or frame of mind that the person knowingly did the particular crime POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS • Has knowledge that the principal has committed, been charged with or has been convicted of committing a felony • Harbors, conceals, or aids in a principal in a felony • Has the intention of assisting the principal to avoid or escape arrest, trial, conviction, or punishment Accomplice - correct answer When a principal to a crime testifies for the prosecution against another principal PC 1111 PC 26 - correct answer This penal code identifies those individuals who are presumed not capable of committing a crime • Children under 14 • Persons mentally incapacitated • Persons who committed the act or omission - under ignorance or mistake of fact - without being conscious of the act - through misfortune or accident - under threat or malice POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS Reasonable Suspicion - correct answer When an officer has sufficient facts and information to make it reasonable to suspect criminal activity (Can only detain) Probable Cause - correct answer When there is sufficient evidence that the suspect was involved in a crime. Section 1983 - correct answer Permits a civil rights suit seeking monetary damages to be awarded to anyone who proves, in a court of law, that they were deprived of some legal right through government action, that is, by a person acting under color of law Under color of law - correct answer An action that is carried out as if under the authority of the law, but that is actually done in violation of law Section 241 - correct answer A federal crime, punishable by a fine or imprisonment up to 10 years of both if: • Two or more persons, conspire to injure, oppress, threaten or intimidate any person for doing anything that the person had a legal right to be doing Section 242 - correct answer Federal crime, punishable by a fine or imprisonment up to one year or both: POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS • For any person acting under color of any law, willfully deprive any person of any legal right or to subject any person to a different punishment or penalty based on that persons race or citizenship status PC 148 - correct answer Resisting, delaying or obstructing a peace officer Facts required to establish probable cause - correct answer • Direct investigation or reports • Circumstantial evidence • Second-hand statements from reliable sources PC 836 - correct answer Officers may make an arrest without a warrant PC 841 - correct answer Informing person arrest • Intent • Cause • Authority Warrantless Arrest (Felony) - correct answer • PC 836(a)(1) - in officers presence • PC 835(a)(2) - felony in presence POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS • If necessary, forcibly enter Exigent Circumstances exist when - correct answer • Hot pursuit • An imminent threat to life or property • Suspect escaping • Destruction of evidence/contraband PC 847 - correct answer A private person who has arrested another for the commission of public offense must, without unnecessary delay, take person arrested before a magistrate, or delivery him to a peace officer PC 835a - correct answer Reasonable force may be used to make an arrest, prevent escape, or overcome resistance. Immunity - correct answer An exemption from duty or penalty Stale Misdemeanor - correct answer When an adult commits a misdemeanor in another person's presence (including a peace officer) and the person fails to arrest the adult within a reasonable time thereafter. POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS Example: A kid spray painting a wall and an officer see's him, but the kid gets away for 2 days. The officer can't arrest him but can detain for information to get a warrant. Statute of Limitations - correct answer Suspects for most crimes must be arrested within a certain time limit • Most misdemeanors - 1 year • Most felonies - 3 years • Crimes punishable by death or life imprisonment - No limit • Sex crimes, crimes against children & others - Can vary depending on crime PC 834 and PC 835 - correct answer Authorizes officers and private persons to make arrests Elements: • Arrestee must be taken into custody for a crime and in the manner prescribed by law • An arrest may be made by actual restraint • Reasonable force may be used to make arrest Subterfuge - correct answer The use of deception or falsehoods as a tactic when interrogating a suspect POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS Falsely telling a suspect that they have been positively identified by a witness, making a suspect make an admission or confession Coercion - correct answer The use of force (mental or physical), threats, or overbearing psychological pressure to deprive a suspect free choice to admit, deny, or refuse to answer Falsely telling a suspect that members of his/her family member will be held accountable if he/she does not confess to a crime Involuntary Confession - correct answer A statement that results from the use of coercion Confession vs. Admission - correct answer • Confession - involves acknowledging the commission of all the elements of a crime • Admission - involves acknowledging certain facts that tend to incriminate the individual, but fall short of a confession 4th Amendment Constitutional Protections - correct answer • Privacy • Liberty • Possession of property POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS -indicates sex crime against children -when more than two people need to enter a dwelling to execute a warrant Why plain view seizure doesn't constitute a search? - correct answer When an officer sees an item in plain view, from a place the officer has a lawful right to be, no search has taken place. The owner or possessor obviously has no reasonable expectation of privacy for items in plain view Requirements for seizure of items in plain view - correct answer Peace officers must have: • Probable cause • A lawful right to be in the location • Lawful access to the item Exigent Circumstances Searches - correct answer Officers may lawfully enter a area when there is a compelling need for official action and there is no time to secure a warrant to prevent: • Imminent danger to life or safety • Serious damage to property • Escape of a suspect • Destruction or removal of evidence POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS Probabtion - correct answer A sentencing alternative for a person convicted of a criminal offense. Remains under the authority of the probation department (Can be formal - supervised or informal - unsupervised) Conditions: • Job • Avoid drugs and criminal behavior • Submitting to periodic searches without warrant, p.c., or reasonable suspicion • No traveling outside of limited area Scope of search: • Depends on the specific terms of the probationer which may be as broad as parole conditions. Warrantless searches of vehicles - correct answer If officers honestly believe they have enough information to obtain a search warrant, it is legal for them to go ahead and search the vehicle Necessary conditions: • Vehicle must be lawfully stopped, or otherwise lawfully accessible POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS • Officers must have enough facts, knowledge, training or experience to provide probable cause that the item they are seeking will be found inside Scope: Any part of the vehicle or anything inside the vehicle as long as what is being searched for is reasonably located there. • Passenger compartment • Glove compartment • Hood • Trunk • Any closed personal container (including locked) Plain View seizures from vehicles - correct answer Requirements: • Have probable cause to believe item is crime-related • Lawfully be in a location to observe the item • Have lawful access to the item Parole - correct answer A conditional release from a state prison which allows an individual to serve the remainder of a sentence outside of prison POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS Use of Force during bodily intrusion searches and seizures (swallow prevention) - correct answer May use a level of force necessary to overcome the person resistance and recover the evidence (Officers permitted to exert minimal pressure on the neck) * No choke holds* Preventing swallowing of evidence - correct answer • Detain suspect under controlled conditions or wait until evidence naturally passes • If a doctor declares life in danger, stomach can be pumped or an emetic can be administered • Suspect may give consent to stomach pump or emetic but should be under supervision of a doctor Blood Samples - correct answer • If obtained in a medically approved manner, it is considered minimally instructive. If a warrant is sought, it does not require a detailed explanation of need Affidavit must demonstrate only: • Probable cause that the test results will show evidence of a crime • The removal will he conducted by a trained medical personnel in accordance with accepted medical procedures POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS Fingerprints - correct answer • May be obtained if officer has consent or probable cause to believe the person was involved in a crime • Cannot refuse if arrested • May use reasonable force to obtain fingerprints Handwriting Samples - correct answer • Are admissible as evidence, refusal may be commenter upon later at trial as consciousness of guilt • If a person refuses, court may order them to provide one or be held in contempt of court Voice Evidence - correct answer • Person has no legal right to refuse • Refusal can later be commented upon at trial as consciousness of guilt Field Showups - correct answer • Interviewing of a possible suspect by the victim or witness that commonly occurs in the field shortly after crime committed (Display suspect without handcuffs if reasonably so) •Obtain detailed description • Tell victim or witness to keep an open mind and suspect may or may not be present • Remain impartial and neutral • Separate victims and witnesses before, during and after. POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS Photographic Lineup - correct answer Does not have to take place within a short time of the crime but should take place while victim/witness memory is fresh Same race, sex, facial characteristics, same size photo and shots (close ups) Custodial Lineup - correct answer Can take place any time after crime within a controlled environment of a law enforcement facility Same as photo lineup but similar clothing or particular characteristics Graham vs. Connor - correct answer Judged from the perspective of a reasonable officer on the scene rather than the 20/20 vision of hindsight.. *Reasonable standard Reasonable Officer Standard - correct answer • Would another officer with the same or similar training and experience do the same thing • When faced with the same or similar circumstances • Or act in the same or similar way or make a similar judgement POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS PC 198 PC 196 - correct answer Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance Officers must understand that the content of their reports or statements are the basis for prosecutorial decisions, civil action and agency review - correct answer Facts and circumstances are not limited to the report. Other factors to be considered include: crime scene processing, evidence collection, photographs, audio and video recordings, witness and subject statements, and medical records - correct answer Precursory Acts - correct answer Events that led up to the encounter with the subject, including how the officer arrived at the scene as well as what observations helped the officer assess the situation. Factors - correct answer Describe factors that justify use of force Environment - correct answer Observe and record details regarding environment POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS Force used - correct answer Describe force used- be very clear • Identify techniques by their proper name • Did technique work? • The rationale for adjusting and transitioning the level of force • Communication before, during, and after use of force Post-custody actions - correct answer After the subject has been taken into custody, peace officers should describe other actions such as, but not limited to: • Safe and effective adjustment of handcuffs double locking the handcuffs (reduces the possibility of inflicting injury from handcuffs over-tightening) • Obtaining first-aid or medical treatment for the subject and/or themselves when reasonably safe to do so • Damage to their clothing (i.e., uniforms) and equipment • Collection of evidence (what, where, and by whom) Witness Statements - correct answer Statements made immediately after the confrontation are often the most accurate since there is little time to become confused or let outside influences confuse the facts. PC 136.1(a) - correct answer Preventing or Dissuading a Witness or Victim from Testifying (Felony) POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS PC 136.1(a)(1) - correct answer Any person who knowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial proceeding, or inquiry authorized by law PC 136.1(a)(2) - correct answer Any person who knowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial proceeding, or inquiry authorized by law PC 136.1(b)(1) - correct answer Preventing or dissuade another person who has been a victim of a crime or who is a witness to a crime from: • Making any report of the victimization to police • Causing a compliant to be sought or assisting in the prosecution - PC 136.1(b)(2) • Arresting the suspect - PC 136.1(b)(3) FELONY PC 136(2) - correct answer Witness PC 136(3) - correct answer Victim POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS PC 148(d)(1) - correct answer Officers' holster strap was unfastened by defendant PC 148(d)(2) - correct answer Firearm was partially removed from holster by defendant PC 148(d)(3) - correct answer Firearm safety was released by defendant PC 148(d)(4) - correct answer A witness corroborates that the defendant actually intended to remove the firearm and that the defendant actually touched the firearm PC 148(d)(5) - correct answer Witness corroborates that the defendant actually had his hand on the firearm and tried to take it from the officer who was holding it PC 148(d)(6) - correct answer The defendant's fingerprint was found on the firearm or holster PC 148(d)(7) - correct answer Physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS PC 148(d)(8) - correct answer In the course of any struggle, the officer's firearm fell and the defendant attempted to pick it up PC 148(b) - correct answer Removing or taking any weapon other than a firearm from the person or immediate presence of an officer FELONY PC 836.6(a) - correct answer Attempting to escape, or escaping from the custody of a peace officer after being remanded by a magistrate or judge FELONY PC 836.6(b) - correct answer Attempting to escape or escaping from custody of a peace officer who knows or should know he had been arrested FELONY PC 4530(a) - correct answer Attempting to escape or escaping from a state prison through the use of force POST TEST EXAM 2024 LD 5,15,16,20,39 QUESTIONS AND ANSWERS FELONY PC 4530(b) - correct answer Attempting to escape or escaping from a state prison without the use of force FELONY PC 4530(c) - correct answer Failure of a prisoner to return from temporary release such as work or education release, at the specified time FELONY PC 4550 - correct answer Attempting to rescue or rescuing a prisoner FELONY Constitution - correct answer A written document that embodies the basic laws of a nation or state Three branches of government - correct answer Executive, Legislative, Judicial