Questions and Correct Detailed Answers
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Infraction - CORRECT ANSWER-issued citation instead of arrest
Not entitled to a jury trial or to representation by a public defender, except in
cases involving arrest.
Post release Community Supervision (PRCS) - CORRECT ANSWER-Subject to
warrantless searches
Supervised by county probation officers
Parole search - CORRECT ANSWER-No 4th amendment protection (always
searchable)
1170 PC Supervision - CORRECT ANSWER-may have search condition
(determine scope)
,Constitutional Law - CORRECT ANSWER-Rules and provisions found in the
federal and state constitutions
- Due process, search and seizure, self incrimination, and equal protection
Statutory law - CORRECT ANSWER-the written laws enacted by a legislative
body
All crimes are statutory in California
To be enforceable, a law must be written and a punishment must be provided
Ex post facto laws - CORRECT ANSWER-laws written after the fact to punish an
action that has already taken place and was not illegal at the time of commission
(prohibited)
Case law - CORRECT ANSWER-based upon previous appellate court decisions
that are binding on lower court decisions (precedent)
Interpret the constitution
Clarify statutes
Letter of the law vs. spirit of the law - CORRECT ANSWER-Strictly applying the
law in accordance with the literal meaning of the statute vs. the law is applied in
, accordance with the intent of the legislature, the promotion of fairness and
justice, and not solely in literal compliance.
Criminal law - CORRECT ANSWER-deals with violations of the criminal statutes;
public wrongs against all people of the State of California.
Consequence: prosecution
Civil law - CORRECT ANSWER-noncriminal violations of the law or private
wrongs committed by one person to another.
Civil wrong: Tort
Redress: righting a wrong
Injured parties may file a lawsuit for monetary compensation, not including
incarceration.
Peace officers have a duty to investigate any potential criminal violations, even in
civil matters
If only civil: LEOs lack authority to force a resolution to the dispute. The duty is to
stand by, preserve the peace and maintain order.
Tort by omission - CORRECT ANSWER-omission of an act or negligence may
also be a tort if it violates a legal duty owed to another person