Aj2 Chpt 2 Classification of Crimes & Penalties
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| 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.
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| 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.
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| What is a crime that could be punished either as a misdemeanor or a felony called? | Wobbler
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| 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.
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| 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
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| 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)
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| What per PC -17 is classified as a misdemeanor? | Any classification NOT a felony or an Infraction
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| What per PC 19.6 is an Infraction? | An act NOT punishable by imprisonment.
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| 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
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| Per PC 19.7, Infractions have the same provisions of law as ...... | Misdemeanors
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| What is the classification for an offense that not covered by statute? | The offense gets classified as a misdemeanor
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| Per PC -16 what are the three categories of crime in California | Felonies, Misdemeanors, and Infractions
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| 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
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| How much is the maximum fine for an infraction | $250
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| What does Penal Code 296 address | The authorization to collect DNA evidence from persons convicted of serious crimes.
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| 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
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| 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.
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| 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
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| 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.
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| 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.
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| 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.
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| Which proposition REDUCED the seriousness of a number of crimes | Prop 47
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| 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)
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| 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.
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| 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
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| How much more time is added for crime committed with a firearm? | A punishment of 3 to 10 years is added.
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| 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.
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| 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.
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| 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).
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| 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.
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| 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.
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| 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.
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