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Cdcr post exam vol_2 questions and answers study exam, Exams of Advanced Education

Liberty University (LU)Advanced Education

Cdcr post exam vol_2 questions and answers study exam

Typology: Exams

2024/2025

Available from 07/02/2025

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Cdcr post exam vol_2 questions and answers study exam
Constitutional Law - The rules and provisions found in the federal and state constitutions
form the basis of modern constitutional law
Statuary Law - legislative acts declaring, commanding, or prohibiting something
Case Law - Based upon previous Appellate court decisions that are binding on lower court
decisions
-interpret the constitution
-clarify statutes
Judicial Review - Protects the rights of the individual from unconstitutional legislation
differentiate between the letter of the law and the spirit of the law - "Letter of the law
means that the law is strictly applied in accordance with the literal meaning of the statute,
leaving no room for interpretation.
Spirit of the law means that the law is applied in accordance with the intent of the
legislature and not in literal compliance with the words of the statute."
differentiate between criminal and civil law - "Criminal Law
- Definition: Violation of a criminal statute
Also known as Crime
- Prosecutor: The State
- Purpose Punishment
Civil Law
- Definition: Noncriminal violations of the law
Also known as- Tort
Failure to comply is a - Breach of Contract
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Cdcr post exam vol_2 questions and answers study exam Constitutional Law - The rules and provisions found in the federal and state constitutions form the basis of modern constitutional law Statuary Law - legislative acts declaring, commanding, or prohibiting something Case Law - Based upon previous Appellate court decisions that are binding on lower court decisions -interpret the constitution -clarify statutes Judicial Review - Protects the rights of the individual from unconstitutional legislation differentiate between the letter of the law and the spirit of the law - "Letter of the law means that the law is strictly applied in accordance with the literal meaning of the statute, leaving no room for interpretation. Spirit of the law means that the law is applied in accordance with the intent of the legislature and not in literal compliance with the words of the statute." differentiate between criminal and civil law - "Criminal Law

  • Definition: Violation of a criminal statute Also known as Crime
  • Prosecutor: The State
  • Purpose Punishment Civil Law
  • Definition: Noncriminal violations of the law Also known as- Tort Failure to comply is a - Breach of Contract
  • Prosecutor: The plaintiff
  • Purpose: Redress (right a wrong) Example of Tort by Omission - A store owner failed to alert customers to a hazardous situation, such as the wet floor, resulting in an injured customer. The store owners failure to act could lead to a civil action. (Key words, Act or negligence) Recall the statutory definition of a crime - Penal code 15 - an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, a penalty that provides the following punishments for the crime: •death •imprisonment •fine •removal from officer •disqualification to hold and enjoy any officer of honor •trust or profit in the State of California. identify the basic elements common to all crimes - The basic facts that must be proven by the prosecution to sustain a conviction. If any element is missing, that particular crime is not complete, also known as penal code, section 20..... identify the basic elements required of an attempt to commit a crime - 1. Intent to commit that crime.
  1. Intent or intention, is manifested by the totality of the circumstances connected with the offense
  2. The mental state that the person knowingly did the particular criminal act. discuss general, specific, and transferred intent crimes - 1. In some crimes in tent is presumed, and does not have to be proven. Example, battery, arson, transportation of drugs.
  3. In other crimes intent is an element of the offense that must be proven, example, burglary, kidnapping for ransom
  4. When an unlawful act affects a person other than or, in addition to the person it was intended to affect. differentiate between criminal intent and criminal negligence - • Criminal intent - means a mental state or frame of mind that the person knowingly did the particular criminal act.
  • by threats, menaces, command, or coercion compelled another to commit the offense A crowd of gang members attacked a member of the rival gang. The victim was knocked to the ground and kicked repeatedly in the head with heavy boots. The victim died from severe head trauma. Each of the participants in the assault is a _________________ to murder. It makes no difference which gang member struck at the killing blow sense Each of them is liable for the natural and foreseeable consequences of the brutal attack. - Principal Accomplice - A principal to a crime becomes an ____________ when he or she testifies for the prosecution against another principle. Two men were arrested for a drive by shooting. One volunteers to provide testimony against the shooter. His testimony was corroborated by the shooters fingerprints found on the gun. His corroborated testimony against the shooter makes him an _______________ to the crime. - Accomplice (key word corroborated) Elements of a crime - Are the basic facts that must be approved by the prosecution to sustain a conviction. If any of the elements is missing, the crime is incomplete. The fourth amendment and Officer responsibility - If peace officers are not able to show probable cause, an arrest or search may be invalid, and the resulting evidence may be excluded. During the performance of their duties, peace officers have a legal, moral and ethical responsibility to protect all of the rights afforded to a citizen by the United States and Calif. Constitution. The fifth amendment and Officer responsibility - Peace officers need to understand how the Miranda decision protects a person's right against self-incrimination. During the performance of their duties, peace officers have a legal, moral and ethical responsibility to protect all of the rights afforded to a citizen by the United States and California Constitution

The sixth amendment and Officer responsibility - the person is represented by counsel, peace officers are prohibited from initiating interrogation of the person about the charged crime, except in the presence of counsel. During the performance of their duties, peace officers have a legal, moral and ethical responsibility to protect all of the rights afforded to a citizen by the United States and CA Constitution. The 14th amendment and Officer responsibility - • Apply the law equally to all people

  • Treat them the same regardless of race, creed, nationality, religious, preference, or national origin During the performance of their duties, peace officers have a legal, moral and ethical responsibility to protect all of the rights of afforded to a citizen by the United States and California constitution Civil rights codes and Officer responsibility - "U.S. Code, Title 42, Section 1983, states that individuals acting under color of law who deprive someone of any legal right can be held civilly liable. U.S. Code, Title 18, Section 241, makes it a federal crime for two or more persons to conspire to injure, oppress, threaten, or intimidate someone for doing something they have a legal right to do. U.S. Code, Title 18, Section 242, makes it a federal crime to deprive a person, under color of law, of any legal right, or to punish a person differently, based on that person's color, race, or citizenship status. Penal Code Section 422.6(a) is broader than U.S. Code, Title 18, Section 242. It adds categories of religion, ancestry, national origin, disability, gender, and sexual orientation to those protected from discrimination."

An officer went to a convenience store to purchase a cup of coffee. At the siore he saw a woran and a man arguing. The man began to hit the woman. The officer ordered the man to stop. He did not, so the officer sprayed him with an aerosol chemical agent. Was the force option appropriate and legal? Yes or no - Yes After Johnson was arrested the officer in charge began asking hir. personal history questions. Al this point, is the officer required to advise Johnson of his rights under Miranda? Yes or no - No Johnson borrowed Simpson's lawn mower. Johnson decided to sell the lawn mower at a swap meet. He reported the lawn mower stolen, rather RoC than fell Simpson he sold it. What crime, if any. has Johrison committed? a) No crime, as this is a civil matter b) Providing false information to a neighbor c)Falsely reporting a criminal offense d) Conspiracy - c)Falsely reporting a criminal offense While providing security at a high school basketball game, Officer Johnson observed a fight between two parents of opposing teams. He stepped between the two, separating the two combatants. One of the combatants began to insult the officer. The officer continued to separate the combatants walking with the non-verbally abusive combatant away from the other. Did the officer's non-verbal signals convey a negative message? Yes or no - Officer Smith saw a disabled vehicle on the side of the road. After leaving his patrol car a man ran from behind the disabled vehicle directly at Officer Smith. He was holding a baseball bat in both hands, swinging it wildly and screaming incoherently. Smith pulled his gun, gave a warning, but had to shoot the charging man to stop him. Was the use of deadly force legal?

Yes or no - Yes The 8th Amendment of the U. S. Constitution provides that all inmates are to be protected from cruel and unusual punishment. Yes or no - Yes