K
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RBC 2 STUDY GUIDE EXAM
D
QUESTIONS WITH CORRECT
U
ANSWERS ALL VERIFIED BY
ST
AN EXPERT A+ GRADED
(LATEST UPDATE)
,Constitutional Law - ANS The rules and provisions which are found in federal and state
constitutions, specifically the Bill of Rights.
Statutory Law - ANS The laws which are enacted by a legislative body and recorded in the
various state, county, or municipal codes.
Case Law - ANS Laws which are based on previous appellate court decisions that have
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become binding on lower court decisions.
Differentiate between the letter of the law and the spirit of the law - ANS "Letter of the law
C
means that the law is strictly applied in accordance with the literal meaning of the statute,
leaving no room for interpretation.
Spirit of the law means that the law is applied in accordance with the intent of the legislature and
LO
not in literal compliance with the words of the statute."
Differentiate between criminal and civil law - ANS "Criminal Law
- Definition: Violation of a criminal statute
- Violation Terminology: Crime
YC
- Prosecutor: The State
- Purpose Punishment
Civil Law
- Definition: Noncriminal violations of the law
- Violation terminology: Tort
D
Breach of Contract
- Prosecutor: The plaintiff
U
- Purpose: Redress"
Recall the statutory definition of a crime - ANS Penal code 15 - an act committed or omitted in
ST
violation of a law forbidding or commanding it, and to which is annexed, upon conviction, a
penalty that provides the following punishments for the crime: death, imprisonment, fine,
removal from officer, disqualification to hold and enjoy any officer of honor, trust or profit in the
State of California.
Identify the basic elements common to all crimes - ANS Penal code 20 - in every crime or
public offense, there must exist a union, or joint operation of act and intent, or criminal
negligence
,Identify the basic elements required of an attempt to commit a crime - ANS An attempt to
commit a crime consists of intent to commit that crime and a direct, but ineffectual, act done
toward its commission
General intent - ANS Intent is presumed and does not have to be proven. Definition of a crime
consists only of the description of a particular act, without reference to intent
Specific intent - ANS An element of a crime that must be proven and cannot be presumed; the
requirement of the specific intent element varies according to the definition of the crime
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Transferred intent - ANS When an unlawful act affects a person other than, or in addition to,
the person it was intended to affect
C
Criminal Intent - ANS A mental state or frame of mind that the person knowingly did the
particular criminal act (break the law).
LO
Criminal Negligence - ANS A negligent act that is aggravated or reckless, and constitutes
indifference to the consequences
Felony - ANS A crime punishable by a fine and/or imprisonment in state prison, death or
removal from officer
YC
Misdemeanor - ANS A crime punishable by a fine and/or imprisonment in a county jail
Wobbler - ANS A crime that can be either a felony or a misdemeanor.
Principals to a crime - ANS "A principal to a crime is anyone who:
D
- directly committed the offense
- aided and abetted
- advised and encouraged
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- counseled, advised, or encouraged children under the age of 14 years, or mentally
incapacitated persons
- by fraud, contrivance, or force, occasioned the drunkenness of another
ST
- by threats, menaces, command, or coercion compelled another"
Accessories to a crime - ANS "An accessory is anyone who, after a felony has been
committed, meets all the following requirements: (Penal Code Section 32)
- 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
The crime of accessory is punishable by imprisonment in the state prison or in a county jail
and/or fine. (Penal Code Section 33)"
, Accomplices to a crime - ANS "A principal to a crime becomes an accomplice when he or she
testifies for the prosecution against another principal.
Accomplice testimony must be ""corroborated by such other evidence as shall tend to connect
the defendant with the commission of the offense; and the corroboration is not sufficient if it
merely shows the commission of the offense or the circumstances thereof."" (Penal Code
Section 1111)"
Identify people legally incapable of committing a crime - ANS "Penal Code Section 26 identifies
those individuals who are presumed not capable of forming the designated state of mind and
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committing a crime. They include:
- children under 14
- persons who are mentally incapacitated
C
- persons who committed the act or omission:
* under ignorance or mistake of fact,
* without being conscious of the act,
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* through misfortune or accident, or
* under threat or menace"
Peace officer's responsibility in regards to the fourth amendment - ANS The first part of the
fourth amendment deals with the right of people to be free from unreasonable searches and
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seizures. The second part defines procedures officers must follow when obtaining a warrant.
Peace offiers have a responsibility to protect the fourth amendments rights of all citizens as it
applies to unreasonable searches and seizures.
Peace officer's responsibility in regards to the fifth amendment - ANS Peace officers need to
understand the relationship between a person's right against self incrimination and the Miranda
D
decision. Peace officers have a responsibility to protect the fifth amendment rights of citizens as
they pertain to double jeopardy, being a witness against ones self or depriving a person of life,
liberty or property without due process.
U
Peace officer's responsibility in regards to the sixth amendment - ANS The sixth amendment
entitles a person to counsel once adversarial judicial proceedings have commenced.
ST
Adversarial judicial proceedings are considered to have commenced when the person is either
indicted by a grand jury or makes his or her first court appearance. Peace officers have a
responsibility to protect the sixth amendment rights of people. The sixth amendment gives the
right to a speedy trial, an opportunity to confront witnesses and the right to counsel during court
proceedings.
Peace officer's responsibility in regards to the fourteenth amendment - ANS The fourteenth
amendment requires peace officers to apply the law equally to all people regardless of race,
creed, nationality, religious preference or national origin. Peace officers have a responsibility to
protect the fourteenth amendment rights of all people in the United States. The fourteenth
amendment requires peace officers to apply the law equally to all people.
C
LO
YC
RBC 2 STUDY GUIDE EXAM
D
QUESTIONS WITH CORRECT
U
ANSWERS ALL VERIFIED BY
ST
AN EXPERT A+ GRADED
(LATEST UPDATE)
,Constitutional Law - ANS The rules and provisions which are found in federal and state
constitutions, specifically the Bill of Rights.
Statutory Law - ANS The laws which are enacted by a legislative body and recorded in the
various state, county, or municipal codes.
Case Law - ANS Laws which are based on previous appellate court decisions that have
K
become binding on lower court decisions.
Differentiate between the letter of the law and the spirit of the law - ANS "Letter of the law
C
means that the law is strictly applied in accordance with the literal meaning of the statute,
leaving no room for interpretation.
Spirit of the law means that the law is applied in accordance with the intent of the legislature and
LO
not in literal compliance with the words of the statute."
Differentiate between criminal and civil law - ANS "Criminal Law
- Definition: Violation of a criminal statute
- Violation Terminology: Crime
YC
- Prosecutor: The State
- Purpose Punishment
Civil Law
- Definition: Noncriminal violations of the law
- Violation terminology: Tort
D
Breach of Contract
- Prosecutor: The plaintiff
U
- Purpose: Redress"
Recall the statutory definition of a crime - ANS Penal code 15 - an act committed or omitted in
ST
violation of a law forbidding or commanding it, and to which is annexed, upon conviction, a
penalty that provides the following punishments for the crime: death, imprisonment, fine,
removal from officer, disqualification to hold and enjoy any officer of honor, trust or profit in the
State of California.
Identify the basic elements common to all crimes - ANS Penal code 20 - in every crime or
public offense, there must exist a union, or joint operation of act and intent, or criminal
negligence
,Identify the basic elements required of an attempt to commit a crime - ANS An attempt to
commit a crime consists of intent to commit that crime and a direct, but ineffectual, act done
toward its commission
General intent - ANS Intent is presumed and does not have to be proven. Definition of a crime
consists only of the description of a particular act, without reference to intent
Specific intent - ANS An element of a crime that must be proven and cannot be presumed; the
requirement of the specific intent element varies according to the definition of the crime
K
Transferred intent - ANS When an unlawful act affects a person other than, or in addition to,
the person it was intended to affect
C
Criminal Intent - ANS A mental state or frame of mind that the person knowingly did the
particular criminal act (break the law).
LO
Criminal Negligence - ANS A negligent act that is aggravated or reckless, and constitutes
indifference to the consequences
Felony - ANS A crime punishable by a fine and/or imprisonment in state prison, death or
removal from officer
YC
Misdemeanor - ANS A crime punishable by a fine and/or imprisonment in a county jail
Wobbler - ANS A crime that can be either a felony or a misdemeanor.
Principals to a crime - ANS "A principal to a crime is anyone who:
D
- directly committed the offense
- aided and abetted
- advised and encouraged
U
- counseled, advised, or encouraged children under the age of 14 years, or mentally
incapacitated persons
- by fraud, contrivance, or force, occasioned the drunkenness of another
ST
- by threats, menaces, command, or coercion compelled another"
Accessories to a crime - ANS "An accessory is anyone who, after a felony has been
committed, meets all the following requirements: (Penal Code Section 32)
- 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
The crime of accessory is punishable by imprisonment in the state prison or in a county jail
and/or fine. (Penal Code Section 33)"
, Accomplices to a crime - ANS "A principal to a crime becomes an accomplice when he or she
testifies for the prosecution against another principal.
Accomplice testimony must be ""corroborated by such other evidence as shall tend to connect
the defendant with the commission of the offense; and the corroboration is not sufficient if it
merely shows the commission of the offense or the circumstances thereof."" (Penal Code
Section 1111)"
Identify people legally incapable of committing a crime - ANS "Penal Code Section 26 identifies
those individuals who are presumed not capable of forming the designated state of mind and
K
committing a crime. They include:
- children under 14
- persons who are mentally incapacitated
C
- persons who committed the act or omission:
* under ignorance or mistake of fact,
* without being conscious of the act,
LO
* through misfortune or accident, or
* under threat or menace"
Peace officer's responsibility in regards to the fourth amendment - ANS The first part of the
fourth amendment deals with the right of people to be free from unreasonable searches and
YC
seizures. The second part defines procedures officers must follow when obtaining a warrant.
Peace offiers have a responsibility to protect the fourth amendments rights of all citizens as it
applies to unreasonable searches and seizures.
Peace officer's responsibility in regards to the fifth amendment - ANS Peace officers need to
understand the relationship between a person's right against self incrimination and the Miranda
D
decision. Peace officers have a responsibility to protect the fifth amendment rights of citizens as
they pertain to double jeopardy, being a witness against ones self or depriving a person of life,
liberty or property without due process.
U
Peace officer's responsibility in regards to the sixth amendment - ANS The sixth amendment
entitles a person to counsel once adversarial judicial proceedings have commenced.
ST
Adversarial judicial proceedings are considered to have commenced when the person is either
indicted by a grand jury or makes his or her first court appearance. Peace officers have a
responsibility to protect the sixth amendment rights of people. The sixth amendment gives the
right to a speedy trial, an opportunity to confront witnesses and the right to counsel during court
proceedings.
Peace officer's responsibility in regards to the fourteenth amendment - ANS The fourteenth
amendment requires peace officers to apply the law equally to all people regardless of race,
creed, nationality, religious preference or national origin. Peace officers have a responsibility to
protect the fourteenth amendment rights of all people in the United States. The fourteenth
amendment requires peace officers to apply the law equally to all people.
