Download California Criminal Law: Key Concepts and Procedures and more Exams Criminal Law in PDF only on Docsity!
MADJU 203 ch 2 100% Verified
When does jeopardy attach in a jury trial? (ch2) - ANSWER When the jury is sworn. A court trial is also known as a: - ANSWER bench trial. An infraction cannot be punished by imprisonment. T or F - ANSWER True A less-serious crime that is necessarily committed during the commission of a greatercrime is a - ANSWER "lesser-included offense."
California law is based on the "letter" of the law as opposed to the "spirit" of the law.True or false - ANSWER false
All of the following apply to Prop 115 except: - ANSWER unlimited discovery rights to theprosecution.
When an act or omission is declared by statute to be a public offense and no penalty isprescribed in any statute, it is punishable as a - ANSWER misdemeanor.
A "wobbler" is a crime that - ANSWER may be punished as a misdemeanor or a felony. If two laws punish exactly the same act or omission, and they are in conflict, the last lawpassed takes control. T or F - ANSWER True
The maximum fine for an infraction is: - ANSWER $250. The defendant is never entitled to the benefit of every reasonable doubt; he is always
guilty until proven innocent. T or F - ANSWER False Which was not true with regards to Proposition 115. - ANSWER Grants unlimiteddiscovery rights to the defense, none to the Prosecution.
Which is true with regards to infractions? - ANSWER It cannot be punished byimprisonment, nor do you have a "right" to a jury trial or an appointed attorney.
Under 1990's Proposition 115, a qualified peace officer can relate hearsay evidence at a- ANSWER felony preliminary hearing.
The most serious type of crime is a: - ANSWER felony. In which one of the following may the defendant be prosecuted for both crimes involvingthe same act? - ANSWER Assault with a deadly weapon and murder if the victim later dies The California "Kellett" rule requiring a single prosecution for all crimes committedduring a single criminal episode is based on - ANSWER penal code section 654.
Under the "Truth in Evidence" provision of 1982's Proposition 8, - ANSWER Californiacourts may not suppress evidence on constitutional grounds unless exclusion is mandated by a decision of the US Supreme Court. Which one of the following is true of an infraction? - ANSWER ( All of the above.) Itcannot be punished by imprisonment, You do not have the right to a public defense attorney, The maximum fine is $250. "Voir dire" refers to - ANSWER jury selection. The effect of Proposition 8 on the Exclusionary Rule was that it brought: - ANSWER
