RBC 1 California P.O.S.T Test Study Guide Questions With 100% Correct Answers.

Amendment I : restrictions on powers of Congress - Answer-1. separation of church and state 2. government cannot endorse any religion 3. all individuals must be allowed to worship or not worship as they choose 4. all individuals have the right to freedom of expression of their ideas (I. E., Freedom of speech, press, and assembly) 5. 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 2. 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) 2. Protection against self-incrimination 3. 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: 1. A speedy and public trial by a jury 2. Be informed of the accusations against them 3. Confront their accusers 4. Subpoena witnesses for their defense 5. Have legal counselAmendment VIII - Bails, fines, punishments - Answer-1. Excess of Vails and fines are not allowed 2. Punishment must be reasonable based on the crime Amendment XIV - Citizenship, due process, and equal protection - Answer-No state may: 1. Limit privileges or immunities of US citizens 2. Denied due process of the law to any person 3. Deny equal protection of the law to any person Federal Agencies - Answer-1. US department of homeland security 2. Federal Bureau of investigation 3. drug enforcement administration 4. US marshals service immigration and customs enforcement 5. alcohol, tobacco, and firearms division 6. secret service 7. US postal inspectors 8. Armed Forces police State Agencies - Answer-1. Youth and adult correctional agency 2. California Highway patrol 3. Department of alcoholic beverage control 4. Department of Fish and game 5. department of forestry and fire protection 6. department of justice 7. department of insurance 8. department of motor vehicles 9. department of parks and recreation 10. franchise tax board 11. office of state fire marshal 12. university/college Police Department 13. department of health servicesLocal Agencies: - Answer-Airport Police County Marshals Housing Police 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 citizensJudicial 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. Youthful offender parole board: supervisors wards who has been released on parole from CDCR - juvenile division. Local government agencies: Oversee the operation of detention facilities that can find people who are awaiting trial or sentence to Less than one year. parole - Answer-A conditional release from a state prison which allows an individual to serve the remainder of a sentence outside of prison probation - Answer-The suspension of the imposition or execution of a sentence and the order by the court of conditional and revocable release into the community Penal Code section 1203 and a sentencing option for an individual convicted of a criminal offense. Amendments - Answer-Modifications or changes made for the better, such as amendments to the US ConstitutionAppeals - Answer-Requests to a higher court to review or advise decisions made by lower courts Appellate courts - Answer-Referred to as the higher courts of the judicial system; hear appeals from lower trial courts arrest - Answer-Taking a person into custody in a case, and in the manner authorized by the law 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 offensemagistrate - 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 The three origins of law found in today's legal system are: - Answer-Constitutional law and statutory law and case law Constitutional Law - Answer-The rules and provisions which are found in federal and state constitutions specifically the bill of rights Statutory Law - Answer-The laws which are in acted by legislative body and recorded in the various state, county, or municipal codes. California codes most likely to be encountered by law-enforcement officers are: - Answer-• Penal Code • Vehicle Code • Welfare and Institutions Code • Health and Safety Code • Evidence Code • Business and Professions Code• California Code of Regulations • Fish and Game Code • Government Code • Education Code The primary purposes of case law are to: - Answer--Interpret the Constitution -Clarify statutes 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 ss - 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 an act resulting from natural phenomena (Lightning, earthquake, flood). Presence of a designated state of mind (intent) - Answer-Criminal intent must exist to distinguish the crime from an accident or mistake of fact General Intent Crimes - Answer-Battery, arson, transportation of drugs or ex felon in possession of a firearm etc. Specific Intent Crimes - Answer-solicitation, conspiracy, attempt, first degree murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery Transferred Intent - Answer-When an unlawful act affects a person other than, or in addition to, the person it was intended to affect.Criminal Negligence - Answer-The failure to exercise ordinary care