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AJ2 CH2

Aj2 Chpt 2 Classification of Crimes & Penalties

QuestionAnswer
True or False, the california legal system adheres strictly to the letter of the law False - The California legal system is more people oriented and is directed more towards the spirit of the law.
What happens when two state laws punish the same act or omission as a crime and the laws conflict? The law that was passed most recently prevails.
What is a crime that could be punished either as a misdemeanor or a felony called? Wobbler
When does a wobbler become a misdemeanor When it is filed as such by the prosecutor or is reduced to such by the judge at the preliminary hearing. Otherwise, it is considered a felony.
In the case of a suspended sentence that is punishable as a felony, what will the record of the defendant reflect? The defendant retains the status of a person convicted or a felony until the record is expunged
Per PC 17 (Classification of a Crime), what is a felony crime? A crime punishable with death or state imprisonment over 1 year (or in county jail for 16 months or 2 or three years)
What per PC -17 is classified as a misdemeanor? Any classification NOT a felony or an Infraction
What per PC 19.6 is an Infraction? An act NOT punishable by imprisonment.
True or False, a person charged with an infraction is NOT entitled to a public defender True - Infraction violators have to provide their own counselor represent themselves
Per PC 19.7, Infractions have the same provisions of law as ...... Misdemeanors
What is the classification for an offense that not covered by statute? The offense gets classified as a misdemeanor
Per PC -16 what are the three categories of crime in California Felonies, Misdemeanors, and Infractions
True or False, if convicted of a Infraction, your license can be suspended and or your parole or probation revoked False. Infractions will not lead to license suspension
How much is the maximum fine for an infraction $250
What does Penal Code 296 address The authorization to collect DNA evidence from persons convicted of serious crimes.
What is the maximum penalty (years and money) for a misdemeanor. Assume that this is NOT for consecutive violations? 6 months and or $1,000
What is meant by the "Truth in Evidence" aspect of proposition 8? Relevant evidence may NO LONGER be excluded from a trial simply because of a technicality or an honest mistake of fact that does not violate the federal constitution.
What did California's Proposition 8 and 115 change in regards to prior convictions. Held that prior convictions, whether adult or youth, can be used without limitation to impeach or enhance during the criminal proceedings
For the defense of Insanity to be deemed acceptable, what must be proven to the court by the preponderance (greater weight) of the evidence? 1) That the defendant did not know the quality of his or her actions and that 2) He/she did not know that what was being done was wrong.
What impact does the serious felony enhancement have on a person who had been previously convicted of a previous felony? They receive an additional 5 year sentence for prior conviction brought and tried separately.
What was the goal and impact of prop 115? Name at least three changes as a result. Goal was to reduce delays in prosecutions. Included, limiting voir dire, allow discovery for the prosecution, allowed multiple defendants to a single trial to combat continuances, allowed officers to testify to hearsay at prelims, no prelim if GJ indite.
Which proposition REDUCED the seriousness of a number of crimes Prop 47
Explain what a "Prison Wobbler" is... HINT: Pertains to theft. PC 666 - If a person has been convicted and incarcerated for theft related offense gets gets convicted again for theft related offense, can be sentenced as a misdemeanor OR a felony. Limited under prop 47 to sex offenders (PC290c)
What is the new enhancement to prior serious felony convictions since Prop 47 Prior conviction of felony means the punishment is TWICE the specified sentence.
1. What is the term for someone convicted of a second or subsequent sexual offense? 2. What if the crime was against a child <14? 1. They are subject to life imprisonment and must serve at least 85% of a 25 to life term. 2. Under 14 = LWOP
How much more time is added for crime committed with a firearm? A punishment of 3 to 10 years is added.
T/F Persons convicted of possession of a dangerous or deadly weapon are still allowed probation. False - Also probation not granted if weapon was used to inflict bodily injury or harm or torture.
If a juvenile was convicted in adult court for a felony but then remanded to the CDJJ, how is the crime designated on the juveniles record? The act is considered a Felony regardless of the date.
Name the three instances when a juvenile is NOT eligible for CDJJ When convicted of 1) Murder, 2) Rape, 3) person is 18 years or older. ((added via prop 8).
What is a "Lesser Offense"? Concept that a greater offense will include elements of a lesser offense, and the defendant can be found guilty of any of those offenses.
Under the principal of jeopardy, when does jeopardy attach? 1. When the last juror has been sworn in or, 2. If no jury, when the first witness is sworn in.
What is the rule in regards to Double Punishment Whenever possible, all related offenses from a single criminal episode will be charged in a single pleading and be prosecuted simultaneously.
Created by: JeromeG