Boys State Bar Exam Practice- CA

Who can file and prosecute criminal charges against persons believed to have committed a crime? - Answer- County District Attorney or State Attorney General Defendant (in criminal case) - Answer- A person charged with a criminal offense In whose name are cases filed against a person charged with a criminal offense? - Answer- Cases are filed in the name of PEOPLE OF THE STATE OF CALIFORNIA against the person charged with a crime What are the US and CA Constitutional guarantees to one charged with a crime? - Answer- The right : 1. To a speedy and public trial by court or jury 2. To appear in person and with counsel (an attorney) 3. To produce witnesses on his or her behalf and to be confronted with the witnesses against him or her in the presence of the Court and jury and cross-examine those witnesses 4. not to testify (known as "right against self-incrimination") Felony? - Answer- A felony is a crime punishable by incarceration in the State prison for one year or longer, and is prosecuted in the Supreme Court by way of a Grand Jury, or by an "information" filed by the District Attorney (examples: murder, manslaughter, robbery, burglary, grand theft, forgery, arson, rape, and sale of narcotics) Misdemeanor - Answer- All other crimes that aren't felonies or infractions. They are punishable by fine and/or imprisonment in the County Jail (not State Prison) for a period of less than one year. (examples: simple assault, battery, petty theft, possession of small amounts of narcotics, disturbing the peace and violations of some City or County ordinances. Infraction - Answer- 1. Minor violations of City or County ordinances (a citation - "a ticket" is usually given and the punishment is usually a fine or assignment to public service or both) 2. Not punishable by imprisonment Habeas Corpus - Answer- principle that a person cannot be held in prison without first being charged with a specific crime Writ of Habeas Corpus - Answer- A court order requiring jailers to explain to a judge why th