Aj 22 midterm

Corpus Delicti" is best defined as________________.

Body of the crime

An act "with specific intent to corruptly influence any act, decision, vote, opinion, or other official function or duty..." is the definition of ___________.

Bribery

Independent evidence that tends to connect the defendent with the commission of an offense is called____________.

Corroboration

Someone who is deserving of blame, guilt, or censure is __________.

Culpable

A feigned accomplice is someone who helps hide or conceal a principal after a felony crime.

False

A private security officer working in a department store arrested a customer for shoplifting, a misdemeanor crime. The security officer handcuffed the customer and told her that he would call the police after the customer spent a couple of hours thinking about the seriousness of shoplifting. Waiting to call the police in this instance was in compliance with Section 847 PC.

False

After Smith shoplifted a music CD from a local store, an item worth $17.95 (a misdemeanor), the clerk identified Smith, as he had gone to school with her. Jones, her boyfriend, told Smith she could stay at his house to avoid being caught by the police who had already been to Smith's house looking for her. Jones could be charged as an accessory to this crime.

False

Brown, visiting the United States from another country, committed a crime. At his trial, Brown said he wasn't aware the act he committed was illegal. Because Brown did not know the law, he could not be found guilty.

False

California has a general solicitation law.

False

Common law is a result of a decision made by a lower court.

False

Every person who, with intent that the crime be committed, solicits another...." This language make the crime of solicitation a general intent crime.

False

Juveniles are entitled to all of the constitutional protections that adults enjoy.

False

Michael knew James very well as they had gone to school together. Michael needed an alibi and asked James to say that they had gone fishing on the day and time of the incident for which Michael was being tried. James agreed, but on the day of the trial he changed his mind and did not show up at the trial. Michael was so angry that he told the police about the incident. Based upon these facts Michael can be charged with subordiantion of perjury.

False

Officer Jones had a search warrant authorizing her to search for illegal drugs. As Jones walked up to the front door of the residence, she heard someone from inside the house yell, "cops!" and then heard the toilet flush. Believing that the suspects were destroying evidence, Jones kicked open the door. In this case, the officer was required to "knock and notice" first before kicking open the door.

False

Officer Smith asked to speak with Jones and Jones consented. Smith then told Jones that he was not free to leave. This is an example of a consensual encounter.

False

The courts do not recognize the existence of "fighting words" as a basis for disturbing the peace.

False

The crime of subordination of perjury is complete once the request to lie under oath is made. No actual testimony is required to complete the crime.

False

The judge sentenced Smith to serve two consecutive 1-year sentences in the county jail. According to the California Penal Code Section 19.2, Smith can only be held in the county jail for up to one year.

False

Unconsciousness caused by voluntary intoxication is a defense when a crime requires only a general criminal intent.

False

Upon making an arrest, an officer is required to read a suspect their 5th and 6th Amendment rights as per the Miranda decision.

False

Wearing a Klu Klux Klan mask at any time is illegal.

False

Wendy went to a bar and drank 6 glasses of wine. She left the bar without paying her bill and was arrested for theft. During her trial, Wendy said that because she was drunk, she didn't realize that she didn't pay the bill. According to the law, Wendy's claim of intoxication is a legal defense.

False

While listening to his radio, Jones, a private citizen, heard about a robbery, a felony, that occurred at a business near his house. There was no description given. Outside, Jones saw a suspicious male running past his house. Believing that this person might be involved in the robbery, Jones made a private persons arrest of the male. According to Section 837PC, Jones made a legal arrest.

False

Smith worked as an informant for the police. The police asked Smith to buy drugs from Brown and then to testify against Brown in court. Smith agreed. What is Smith's part in this crime?

Feigned acomplice

The most serious type of crime is a:

Felony

Barry was arrested and put on trial for burglary. The jury acquitted Barry. This means that Barry was ________________.

Found not guilty

Laws that are too vague and uncertain are unconstitutional and a violation of which amendment?

Fourteenth amendment

Officer Smith stopped Sly for speeding. Fearing that he would get a ticket, Sly gave Officer Smith his brother's name and date of birth. What crime did Sly commit?

Giving false identification, 148.9 PC

imminent means

Immediate

Which of the following is NOT a crime classification in California?

Indictments

Which of the following is a legal defense to committing a crime?

Insanity

Which term best defines the official in charge of a trial court?

Magistrate

Being at the scene of a crime and failing to take steps to prevent it, you can be charged with:

No charge

After receiving a late notice from his credit card company, Jones called the company out of concern that his credit record would be tarnished. Because he could not get through the voice mail system, Jones became extremely angry and continued to call the credit card company fifty times in the space of one hour. What crime did Jones commit?

No crime

Brown decided to assemble his friends for the purposes of demonstrating against the war. Smith and Jones joined Brown and all three marched in front of the post office with signs. Based upon these facts, what crime did Brown commit?

No crime

Jones drove to his ex-wife's apartment with the intent to kill her. Jones knocked on the apartment door, but the person who answered said that the ex-wife moved away yesterday. What crime did Jones commit?

No crime

While visiting Sacramento, Jones wore a t-shirt that said, "**** THE GOVERNOR," while eating lunch at a restaurant near the Capitol Building. What crime did Jones commit?

No crime

Failing to do something required by law is called a/an ___________.

Omission

A physical act committed toward the completion of a crime is an _________ act.

Overt

Smith and White were upset about the increase tuition costs for college classes. In protest, Smith and White marched through the meeting room where the college board of trustees were meeting. Smith and White used bullhorns to disrupted the meeting to the extent the meeting could not continue. What crime did Smith and White commit?

PC 403

Practices resulting from prior court decisions are called ____________.

Precedents

Jones asked Brown for his help to vandalize the local school. Brown went to the store and purchased the spray paint Jones needed. Jones went to the school and spray painted all of the outside doors. What part in this crime did Brown have?

Principal

ack broke into a closed store and stole 3 laptop computers. Brian stood in front of the store to watch for the police, but never entered the store. What part did Brian play in this crime? Correct Answer

Principal

Jim solicits Bobby to join his gang becuase Bobby is a very good driver, and Jim is planning to use his gang to hold-up the ABC Bank. Bobby would be a very good driver for the escape vehicle. Bobby turns out to be a feigned accomplice, and testifies to the charge of________________ . Correct!

Soliciting street gang members

In the case of a conflict between state law and a local ordinance, which law takes priority? a. state law b. local ordinance c. federal law d. none of the above

State law

According to the California Penal Code, which of the following is required for use of words to be a violation of the law?

They must be inherently likely to provoke an immediate violent reaction.

Jones, a witness to a petty theft, received a call from the Smith who committed the theft. Smith told Jones that if he testified against him in court he would break his neck. Which type of crime did Smith commit?

Threatening a witness

Which of the following best describes a private or civil wrong

Tort

A crime may be briefly defined as a "public wrong."

True

A crime that is consummated is one that is completed.

True

A crime victim may file a civil suit against the person responsible for committing the crime even if the responsible is prosecuted criminally.

True

A peace officer's arrest of a person for committing an infraction in the officer's presence violates both PC 836(a)(1) and the Fourth Amendment.

True

A person can be an accomplice to an infraction.

True

A person convicted of an infraction alone cannot be incarcerated.

True

A person could be charged as a principal in a crime without having to be physically present when the crime occur

True

A person may be convicted of being an accessory to a crime even though the principal party in the crime is found not guilty. An accomplice is someone who could also be charged as a principal in a crime.

True

An accomplice is someone who, though not a principal to a crime, has relevant information, and, who testifies against the principals at the trial.

True

As Smith drove by a police officer, who was standing on the side walk, Smith extended his middle finger and said, "**** you pig." According to the California Penal Code, Smith did not utter words likely to produce an immediate and violent reaction, and thus, was not guilty of disturbing the peace.

True

Believing that Brown committed a robbery, a felony, Officer Smith called Brown on the telephone in hopes that Brown would confess. Officer Smith did not advise Brown of his "Miranda Rights" before asking Brown if he committed the robbery. Brown gave Smith a full confession. In this case, the confessions could be used against Brown in court.

True

Brown's daughter was murdered by Smith. Smith was arrested, tried, and convicted of murder. At the sentencing phase of Smith's trial, Brown has the right to speak and the court must consider what Brown says when sentencing Smith.

True

Consensual encounters do not involve any infringement of a person's liberty and therefore require no justification

True

In California, there is no such thing as an accessory "after the fact."

True

In the middle of the night, Jones walked over to his neighbors house and looked into their bedroom window because he wanted to see if they were having sex. No one was home at the neighbor's house. Jones committed the crime of peeping - 647(i)PC.

True

Linda was convicted of carjacking and was ordered to submit two samples of blood for the DNA database. Linda refused to submit to the blood draw. It is legal for officers to use a reasonable amount of force to draw blood from Linda against her will.

True

Officer Jones, who was assigned to the narcotics unit, decided to look for possible prostitutes in the financial district of his city. Although there are no reports of a prostitution problem in this area, Officer Jones approached Betty and said, "I would pay $500.00 for some really hot sex with you." Betty declined at first, but after Jones offered $700.00 a second time, Betty agreed. Jones immediately arrested Betty for prostitution. This arrest would be considered entrapment.

True

Smith went to a gas station and pre-paid for 5 gallons of gasoline. Smith, thinking he had paid for 6 gallons, pumped 6 gallons of gas into his car and left the gas station. Smith's claim that he made a mistake could be a legal defense in court.

True

Specific intent may be proven by using statements made by the suspect such as, "this is a stick up, give me all your money."

True

States can restrict speech that creates a "clear and present danger" to the public.

True

The Miranda decision created the warning-and-waiver routine as a means of neutralizing the presumptive compulsion of custodial police interrogation, in order to make statements admissible in court over a Fifth Amendment challenge.

True

The sentence for attempted crimes in California is half of what the sentence would be for the actual crime.

True

The test of whether or not a juvenile is capable of committing a crime is if the juvenile knew the wrongfulness of their act.

True

When a person "willfully" commits a crime, there does not have to be an intent to commit the crime for a crime to be complete.

True

While on patrol, Officer Smith heard the description of a stolen vehicle, a felony crime. The vehicle was described as a white Toyota pick-up truck with license plate 3T32343. The suspect was a white male with blond hair. Four hours later, Officer Smith saw a white Toyota pick-up truck with the same license plate being driven by a white male with brown hair. Officer Smith stopped the truck and arrested the driver. According to Section 836PC, this was a legal arrest.

True

Which of the following is not defined as a "serious felony" for the purposes of a sentencing enhancement as defined in Section 1192.7(c) PC?

Vandalism

Jones and Smith agreed to break into a house hoping to find a laptop computer they wanted. Smith went to the hardware store and bought a crowbar to help pry open a window of the house. Before they could go to the house Jones died from a heart attack. Was a crime committed?

Yes, conspiracy

A "change of venue" is best described as_____________.

a change in the physical location of a trial

Mens rea is defined as __________.

a guilty mind

After Jones committed a robbery, a felony, Smith told Jones he could hide at his house so the police would not find him. What part did Smith play in this crime?

accessory

A complaint, indictment, or information is called an

accusation

According to the California State Constitution, who is the "chief law enforcement officer of the state?"

attorney general

Double jeopardy is best described as _______________.

being put on trial twice for the same offense.

Baker does not believe in abortions. In protest, Baker went to the local Planned Parenthood clinic, where abortions are performed, and sat down in front of the doors in order to block patrons from entering the clinic. What crime did Baker commit?

blocking access to clinics and religious facilities

Officer Brown was dispatched to a reported disturbance in the middle of a busy intersection. Brown arrived and saw two males facing each other in a fighting stance. One males yelled to the other, "Come one step closer and I'll punch your face." The other males replied, "Oh yeah, come one step closer to me and I'll punch your face." Officer Brown could arrest_____________.

both males for challenging to fight

A "wobbler" refers to a crime that can be punished ____________.

by incarceration in the state prison or county jail.

Smith went to a local bar to celebrate his birthday. After having several drinks, Smith decided to walk home rather than drive. After arriving home, Smith passes out in the kitchen of his house. His girlfriend was very angry and called the police and demanded that her boyfriend be arrested. The officer:

cannot arrest the boyfriend in his private residence

Which of the following is not a punishment according to section 15 PC?

community service

Jones asked Brown for help in beating up White, a neighborhood bully. Brown agreed and went to Walmart and purchased a baseball bat to use in beating up White. Neither Jones or Brown beat up White. What is the most serious crime committed?

conspiracy

Which of the following is not a group recognized in the "hate crime" section of the California Penal Code?

economic status

The standard of evidence for probable cause is

facts that would lead a person to believe that a crime has been committed, and that the person to be arrested has commited that crime

The Bill of Rights refers to the ______________.

first ten amendments to the U.S. Constitution

All of the following crimes have no statute of limitation EXCEPT:

insurance fraud

Which term defines a court's legal authority to act?

jurisdiction

In a civil action, the plaintiff is the:

person who brings the suit.

Jones, a peace officer, stopped Brown a known drug dealer. After searching Brown and not finding any drugs on him, Jones pulled out small baggy containing cocaine and placed it in Brown's front pocket. Jones then arrested Brown for possession of cocaine. What crime did Jones commit?

planting evidence

Brown paid his 17 year old son $100 to go into a drug store and shoplift some cold medication. What party to the crime of shoplifting is Brown?

principal

Doctrines are __________.

rules

A law passed by an elected body is called ______________ law.

statutory law

When making an arrest, a peace officer must inform the person being arrested which of the following?

the intent to arrest the person

Officer Smith was chasing Jones and attempting to arrest Jones for a misdemeanor crime. Jones was getting away from Smith so, after ordering Jones to stop, Smith struck Jones in the head with his baton, which factured Jones' skull and knocked him unconscious. Officer Smith was then able to complete the arrest. This use of force was____________.

unlawful

The maximum fine for an infraction is:

$250

Which of the following would NOT be considered a disturbance of the public peace according to the California Penal Cod

A person yelling for help at 5:00AM.

The taking of a person into custody in a manner authorized by law is called an

Arrest

Jones, a member of a local gang, went to the local school with a can of red spray paint with the intent of spray painting his gang's logo on the cafeteria door, a vandalism. As Jones removed the spray can lid and was about to start spraying paint on the door, the school janitor yelled out to him and Jones ran off. Which of the following crimes did Jones commit?

Attempted vandalism