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RBC 1 California P.O.S.T Test
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Amendment I : restrictions on powers of Congress - answer 1. separation of church and state
- government cannot endorse any religion
- all individuals must be allowed to worship or not worship as they choose
- all individuals have the right to freedom of expression of their ideas (I. E., Freedom of speech, press, and assembly)
- individuals who feel they have been wronged have the right to petition the government to rectify the circumstances Amendment IV - searches, seizures, and warrants - answer 1. Unreasonable searches and seizures are not allowed
- Search and arrest warrants must show probable cause and must specifically identify items or individuals to be searched or seized Amendment V - Criminal proceedings, condemnation of property - answer 1. Protection against a second prosecution after acquittal or conviction (double Jeopardy)
- Protection against self-incrimination
- Due process before legal actions Amendment VI - Mode of trial in criminal proceedings - answer Individuals who have been accused of a crime have the right to:
- A speedy and public trial by a jury
- Be informed of the accusations against them
- Confront their accusers
- Subpoena witnesses for their defense
- Have legal counsel Amendment VIII - Bails, fines, punishments - answer 1. Excess of Vails and fines are not allowed
- Punishment must be reasonable based on the crime Amendment XIV - Citizenship, due process, and equal protection - answer No state may:
- Limit privileges or immunities of US citizens
- Denied due process of the law to any person
- Deny equal protection of the law to any person Federal Agencies - answer 1. US department of homeland security
- Federal Bureau of investigation
Municipal Police School District Police Sheriffs' Departments Transportation Police Port Authority Police The objectives of the judicial component of the criminal justice system: - answer - providing due process of the law
- rendering fair judgments
- dispensing just punishment
- assuring victim's rights California court systems: - answer - Lower level trial courts receive evidence and consider cases involving criminal activity or civil disputes.
- Higher level Appellate Courts Referred to as the higher courts of the judicial system and hear appeals from lower trial courts California court system positions: - answer - Judges administer justice in a fair and impartial manner by applying the facts of the law.
- Prosecuting attorneys prosecute individuals accused of criminal activities by protecting public rights and privileges.
- Defense attorneys defend the accused and the rights and privileges of citizens Judicial process - answer arrest, arraignment, right to bail, bail, preliminary hearing, indictment, trial, sentencing, grand jury Corrections Objectives: - answer - Confining prisoners
- Rehabilitating prisoners
- Supervising parolees and probationers in the community
- Assuring victim's rights Corrections agencies' responsibilities: - answer California department of corrections: operates the states adult present system and confines felons who have been sentenced to state prison. California board of prison terms: supervisors inmates who have been released on parole from CDCR. California department of corrections and rehabilitation - juvenile division: Operates the state youthful offender detention system and confines offenders between the ages of 13 and 25.
Arraignment - answer Legal procedure where the court informs defendants of the nature of the charges against them and of their constitutional rights to have counsel, to plead guilty or not guilty, and to have a jury trial Bail - answer A security deposit it with a competent court or magistrate to ensure that the accused person will appear for trial went salmon Bill of Rights - answer The first 10 amendments to the US Constitution competent court - answer Any court, civil or criminal, having authority to handle a particular case Constitution - answer A written document that embodies the basic laws of the nation or state Due Process - answer A course of legal proceedings according to the rules and principles which have been established by the government; basic rights of a defendant in judicial proceedings in the requisite's for a fair trial grand jury - answer A body of a set number of citizens from within the county who are sworn to receive complaints and accusations in criminal cases; responsible for determining if there is sufficient
cause to believe a person has committed a crime and should be made to stand trial indictment - answer An accusation in writing formally charging a person with a crime or public offense magistrate - answer An officer of the court having power to issue a warrant for the arrest of a person charged with a public offense parole - answer A conditional release from confinement which allows an individual to serve the remainder of a sentence outside of prison preliminary hearing - answer A screening procedure used in felony cases to determine if there is enough evidence to hold a defendant for trial probation - answer A sentencing options for an individual convicted of a criminal offense Right to bail - answer A defendant's constitutional right to reasonable bail to permit the unhampered preparation of a defense before trial Sentencing - answer A judgment that is formally pronounced by the court upon a defendant after conviction in a criminal trial
Case Law - answer Laws which are based on previous Appellate Court decisions that have become binding on the lower court decisions. Letter of the Law - answer When the law is applied in accordance with the literal meaning of the statute, leaving no room for interpretation The Spirit of the Law - answer Interpreting law in accordance with the intent of the legislative body rather than the literal meaning of the words of the statute Interpretation of the law - answer although California criminal law is required to be statutory, each code provision must be interpreted with regard to:
- its relationship to other statutes
- the intent of the legislative body
- the meaning of the words
- the scope of its effect Criminal Law - answer Deals with violations of the criminal statutes. Such violations are called crimes and are considered public wrongs against all the people of the state of California.
Civil Law - answer Deals with non-criminal violations of the law or private wrongs committed by one person against another. A civil wrong is called a tort, or in the case of failure to comply with the terms of a contract a breach of contract. redress - answer To right a wrong Persons liable for punishment under the laws of California (penal Code section 27) Include: - answer All persons who commit, in whole or in part, any crime within California. All persons who commit any offense outside California which, if committed inside California, would be larceny, carjacking, robbery, or embezzlement and bring or are found with any portion of the stolen or embezzled property in California. All persons outside California to cause, aid, advice, or encourage another person to commit a crime within California, who are afterwords found in California. All persons who commit perjury outside the state to the extent identified in Penal Code section 118. Elements of the crime - answer Basic facts that must be proven by the prosecution to sustain a conviction. If any element is missing that particular crime is not complete. Penal Code section 20 states that in every crime or public offense, there must exist a union, or joint operation of act and intent, or criminal negligence. Commission of a prohibited acts, or an omission of a required act. - answer There must have been any legal human act or omission, not
Felony - answer A crime, punishable by a fine and or imprisonment in state prison, death, or removal from office. Misdemeanor - answer A crime of lesser gravity than a felony,Punishable by a fine and or imprisonment in a county jail. Wobbler - answer A crime that can be punished either as a felony or misdemeanor infraction - answer Punishable by fine Three Parties to a Crime - answer Principle, accessories, accomplices Principles - answer All persons involved in the commission of a felony or misdemeanor. assessory - answer Anyone who, after a felony has been committed, meets all the following requirements: Has knowledge that the principal has committed, has been charged with, or has been convicted of committing a felony. Harbors, conceals, or AIDS a principal in the felony. Has the intention of assisting the principal to avoid or escape arrest, trial, conviction, or punishment.
accomplice - answer a person who helps another commit a crime Or when he or she testifies for the prosecution against another principle. Incapable persons - answer Children under 14 Mentally incapacitated, and
- persons who commit the act of omission
- under ignorance or mistake of fact
- without being conscious of the act
- through misfortune or accident
- under threat or menace Consensual Encounter - answer A face-to-face contact between a private individual and a peace officer under circumstances that would cause a reasonable person to believe that they are free to leave or otherwise not cooperate Lawful Detention - answer And assertion of authority by a peace officer that will cause a reasonable person to believe they are not free to leave. Such a believe may result from physical restraint unequivocal verbal commands or other condo by an officer Consensual encounter vs. detention - answer Consensual encounter:
If person answers all questions about the suspicious circumstances satisfactorily, so that suspicion decreases or disappears, the person must be released. Reasonable force maybe used to: - answer Make an arrest, prevent escape, or overcome resistance. Three things that must be explained to a person being placed under arrest: - answer Intent, cause, authority intent - answer The arresting person must tell the individual that he or she is being arrested cause - answer The arresting person must state the reason for the arrest. I.E. and outstanding warrant, or the name of the offense authority - answer A non-uniformed officer must show identification. A uniformed officer and or marked car satisfies this requirement. A private person must state his or her authority to make the arrest. Arrest warrant contents - answer - Name of the defendant
- Crime the defendant is suspected of committing
- Time the warrant is issued
- City or county where the warrant is issued
- Signature of the issuing authority with the title of office
- Name of the court or other issuing agency
- Amount of bail Knock and noticed procedure - answer Announce their presence, identify themselves as peace officers, state their purpose, demand entry, wait a reasonable amount of time based on circumstances, if necessary, forcibly enter premises. Knock and noticed exemptions - answer At the scene the officer is given consent to enter, when exigent circumstances exist, the officer possesses a no knock warrant. immunity - answer An exemption from duty or penalty diplomatic agent - answer An official appointed by a government to reside in a foreign country to represent the political interests of citizens of the appointing country consular officer - answer An official appointed by a government to reside in a foreign country to represent the commercial interests of citizens of the appointing country Consular services staff - answer People who work for the consular officer in a foreign country
