Questions and Answers 100% Pass
Who can file and prosecute criminal charges against persons believed to have
committed a crime? - ✔✔County District Attorney or State Attorney General
Defendant (in criminal case) - ✔✔A person charged with a criminal offense
In whose name are cases filed against a person charged with a criminal offense? -
✔✔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? -
✔✔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? - ✔✔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
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, (examples: murder, manslaughter, robbery, burglary, grand theft, forgery, arson,
rape, and sale of narcotics)
Misdemeanor - ✔✔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 - ✔✔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 - ✔✔principle that a person cannot be held in prison without first
being charged with a specific crime
Writ of Habeas Corpus - ✔✔A court order requiring jailers to explain to a judge why
they are holding a prisoner in custody.
Writ - ✔✔A court order
Return (having to do with a Writ) - ✔✔the official upon who the writ is served must
make a return stating the reason the person has been imprisoned (?? page 2, number
3)
proceeding on hearing - ✔✔After a Writ of habeas corpus is filed and a return is
made, the court then proceeds to hear such proof in favor or against detention. If no
legal cause is shown, the court may excuse the accused from custody ( or the court
must remand the individual to the custody of the offical).
What courts can issue a Writ? - ✔✔In California, the Superior Courts, District Courts
of Appeal and the Supreme Court may issue writs.
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