RBC 2 Study Guide ACTUAL EXAM LATEST
VERSION /QUESTIONS AND CORRECT
ANSWERS / A GRADE SCORE SOLUTION.
Constitutional Law - AnswerThe rules and provisions which are found in federal and
state constitutions, specifically the Bill of Rights.
Statutory Law - AnswerThe laws which are enacted by a legislative body and
recorded in the various state, county, or municipal codes.
Case Law - AnswerLaws which are based on previous appellate court decisions that
have become binding on lower court decisions.
Differentiate between the letter of the law and the spirit of the law - Answer"Letter of
the law 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 not in literal compliance with the words of the statute."
Differentiate between criminal and civil law - Answer"Criminal Law
- Definition: Violation of a criminal statute
- Violation Terminology: Crime
- Prosecutor: The State
- Purpose Punishment
Civil Law
- Definition: Noncriminal violations of the law
- Violation terminology: Tort
Breach of Contract
- Prosecutor: The plaintiff
- Purpose: Redress"
Recall the statutory definition of a crime - AnswerPenal code 15 - an act committed or
omitted in 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 - AnswerPenal 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 - AnswerAn
attempt to commit a crime consists of intent to commit that crime and a direct, but
ineffectual, act done toward its commission
General intent - AnswerIntent 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 - AnswerAn 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
Transferred intent - AnswerWhen an unlawful act affects a person other than, or in
addition to, the person it was intended to affect
Criminal Intent - AnswerA mental state or frame of mind that the person knowingly did
the particular criminal act (break the law).
Criminal Negligence - AnswerA negligent act that is aggravated or reckless, and
constitutes indifference to the consequences
Felony - AnswerA crime punishable by a fine and/or imprisonment in state prison,
death or removal from officer
Misdemeanor - AnswerA crime punishable by a fine and/or imprisonment in a county
jail
Wobbler - AnswerA crime that can be either a felony or a misdemeanor.
Principals to a crime - Answer"A principal to a crime is anyone who:
- directly committed the offense
- aided and abetted
- advised and encouraged
- 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
- by threats, menaces, command, or coercion compelled another"
Accessories to a crime - Answer"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 - Answer"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 - Answer"Penal Code Section
26 identifies those individuals who are presumed not capable of forming the designated
state of mind and committing a crime. They include:
- children under 14
- persons who are mentally incapacitated
- persons who committed the act or omission:
* under ignorance or mistake of fact,
* without being conscious of the act,
* through misfortune or accident, or
* under threat or menace"
Peace officer's responsibility in regards to the fourth amendment - AnswerThe first
part of the fourth amendment deals with the right of people to be free from
unreasonable searches and 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 - AnswerPeace
officers need to understand the relationship between a person's right against self
incrimination and the Miranda 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.
Peace officer's responsibility in regards to the sixth amendment - AnswerThe sixth
amendment entitles a person to counsel once adversarial judicial proceedings have
commenced. 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 - AnswerThe
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.
recognize a peace officer's responsibility in relation to the protections included under
federal civil rights - AnswerPeace officers have a responsibility and legal obligation to
protect the Civil Rights of all people as those rights pertain to the Federal Civil Rights
Statutes.
recognize a peace officer's responsibility in relation to the protections included under
federal civil statutes - Answer"U.S. Code, Title 42, Section 1983, states that
individuals acting under color of law who deprive someone of any legal right can be held
civilly liable.
U.S. Code, Title 18, Section 241, makes it a federal crime for two or more persons to
conspire to injure, oppress, threaten, or intimidate someone for doing something they
have a legal right to do.
U.S. Code, Title 18, Section 242, makes it a federal crime to deprive a person, under
color of law, of any legal right, or to punish a person differently, based on that person's
color, race, or citizenship status.
Penal Code Section 422.6(a) is broader than U.S. Code, Title 18, Section 242. It adds
categories of religion, ancestry, national origin, disability, gender, and sexual orientation
to those protected from discrimination."
recognize appropriate conduct during a consensual encounter - Answer"Peace
officers must be vigilant when contacting the public to ensure their actions do not
elevate a consensual encounter into a detntion. Appropriate actions peace officers can
take during a consensual encounter are:
- requesting information i.e. identification
- interviewing witnesses at the scene of a crime or accident
- conversing casually
- disseminating information"
recognize conduct that may elevate a consensual encounter - Answer"- Using
emergency lights
- Selecting a position or placing the patrol vehicle so as to prevent the person or car
from leaving
- Issuing orders or commands
- Using accusatory questioning or tone of voice
- Conducting cursory/pat searches without legal justification
VERSION /QUESTIONS AND CORRECT
ANSWERS / A GRADE SCORE SOLUTION.
Constitutional Law - AnswerThe rules and provisions which are found in federal and
state constitutions, specifically the Bill of Rights.
Statutory Law - AnswerThe laws which are enacted by a legislative body and
recorded in the various state, county, or municipal codes.
Case Law - AnswerLaws which are based on previous appellate court decisions that
have become binding on lower court decisions.
Differentiate between the letter of the law and the spirit of the law - Answer"Letter of
the law 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 not in literal compliance with the words of the statute."
Differentiate between criminal and civil law - Answer"Criminal Law
- Definition: Violation of a criminal statute
- Violation Terminology: Crime
- Prosecutor: The State
- Purpose Punishment
Civil Law
- Definition: Noncriminal violations of the law
- Violation terminology: Tort
Breach of Contract
- Prosecutor: The plaintiff
- Purpose: Redress"
Recall the statutory definition of a crime - AnswerPenal code 15 - an act committed or
omitted in 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 - AnswerPenal 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 - AnswerAn
attempt to commit a crime consists of intent to commit that crime and a direct, but
ineffectual, act done toward its commission
General intent - AnswerIntent 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 - AnswerAn 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
Transferred intent - AnswerWhen an unlawful act affects a person other than, or in
addition to, the person it was intended to affect
Criminal Intent - AnswerA mental state or frame of mind that the person knowingly did
the particular criminal act (break the law).
Criminal Negligence - AnswerA negligent act that is aggravated or reckless, and
constitutes indifference to the consequences
Felony - AnswerA crime punishable by a fine and/or imprisonment in state prison,
death or removal from officer
Misdemeanor - AnswerA crime punishable by a fine and/or imprisonment in a county
jail
Wobbler - AnswerA crime that can be either a felony or a misdemeanor.
Principals to a crime - Answer"A principal to a crime is anyone who:
- directly committed the offense
- aided and abetted
- advised and encouraged
- 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
- by threats, menaces, command, or coercion compelled another"
Accessories to a crime - Answer"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 - Answer"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 - Answer"Penal Code Section
26 identifies those individuals who are presumed not capable of forming the designated
state of mind and committing a crime. They include:
- children under 14
- persons who are mentally incapacitated
- persons who committed the act or omission:
* under ignorance or mistake of fact,
* without being conscious of the act,
* through misfortune or accident, or
* under threat or menace"
Peace officer's responsibility in regards to the fourth amendment - AnswerThe first
part of the fourth amendment deals with the right of people to be free from
unreasonable searches and 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 - AnswerPeace
officers need to understand the relationship between a person's right against self
incrimination and the Miranda 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.
Peace officer's responsibility in regards to the sixth amendment - AnswerThe sixth
amendment entitles a person to counsel once adversarial judicial proceedings have
commenced. 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 - AnswerThe
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.
recognize a peace officer's responsibility in relation to the protections included under
federal civil rights - AnswerPeace officers have a responsibility and legal obligation to
protect the Civil Rights of all people as those rights pertain to the Federal Civil Rights
Statutes.
recognize a peace officer's responsibility in relation to the protections included under
federal civil statutes - Answer"U.S. Code, Title 42, Section 1983, states that
individuals acting under color of law who deprive someone of any legal right can be held
civilly liable.
U.S. Code, Title 18, Section 241, makes it a federal crime for two or more persons to
conspire to injure, oppress, threaten, or intimidate someone for doing something they
have a legal right to do.
U.S. Code, Title 18, Section 242, makes it a federal crime to deprive a person, under
color of law, of any legal right, or to punish a person differently, based on that person's
color, race, or citizenship status.
Penal Code Section 422.6(a) is broader than U.S. Code, Title 18, Section 242. It adds
categories of religion, ancestry, national origin, disability, gender, and sexual orientation
to those protected from discrimination."
recognize appropriate conduct during a consensual encounter - Answer"Peace
officers must be vigilant when contacting the public to ensure their actions do not
elevate a consensual encounter into a detntion. Appropriate actions peace officers can
take during a consensual encounter are:
- requesting information i.e. identification
- interviewing witnesses at the scene of a crime or accident
- conversing casually
- disseminating information"
recognize conduct that may elevate a consensual encounter - Answer"- Using
emergency lights
- Selecting a position or placing the patrol vehicle so as to prevent the person or car
from leaving
- Issuing orders or commands
- Using accusatory questioning or tone of voice
- Conducting cursory/pat searches without legal justification
