Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Police Academy > Crimes Against the Criminal Justice System LD 39 > Flashcards

Crimes Against the Criminal Justice System LD 39 Flashcards

1
Q

PC 136.1(a)

A

(1) Knowingly and maliciously prevents or dissuades any witness or victim
from attending or giving testimony at any trial, proceeding, or inquiry
authorized by law.
(2) Knowingly and maliciously attempts to prevent or dissuade any witness
from attending or giving testimony at any trial, proceeding, or inquiry
authorized by law.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

PC 136.1(b)

A

Every person who attempts to prevent or dissuade another person who has been the victim of a crime or who is witness to a crime from doing any of the following:
(1) Making any report of that victimization to any peace officer or state or
local law enforcement officer or probation or parole or correctional officer
or prosecuting agency or to any judge.
(2) Causing a complaint, indictment, information, probation or parole
violation to be sought and prosecuted, and assisting in the prosecution
thereof.
(3) Arresting or causing or seeking the arrest of any person in connection with
that victimization.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

PC 136.1(c)

A

Every person doing any of the acts described in subdivision (a) or (b) knowingly and maliciously under any one or more of the following circumstances, is guilty of a felony punishable by imprisonment in the state prison for two, three, or four years under any of the following circumstances:
(1) Where the act is accompanied by force or by an express or implied threat
of force or violence, upon a witness or victim or any third person or the
property of any victim, witness or any third person.
(2) Where the act is in furtherance of a conspiracy.
(3) Where the act is committed by any person who has been convicted of any
violation of this section, any predecessor law hereto or any federal statute
of any other state which, if the act prosecuted was committed in this state.
(4) Where the act is committed by any person for pecuniary gain or for any
other consideration acting upon the request of any other person. All
parties to such a transaction are guilty of a felony.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

PC 136.1(d)

A

(a), (b), and (c) is guilty of the offense attempted without regard to success or failure of the attempt. The fact that no person was injured physically, or in fact intimidated, shall be no defense against any prosecution under this section.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Attempted Threats or Intimidation

A

The mere attempt to intimidate or threaten a witness or victim is enough to arrest the person for the offense that was attempted, without regard to the success or failure of the attempt. Further, no person need be physically injured or actually feel intimidated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Witness

A
  • having knowledge of the existence or nonexistence of facts relating to any crime
  • whose declaration under oath is received, or has been received, as evidence for any purpose
  • who has reported any crime
  • who has been served a subpoena
  • who could be believed by any reasonable person to be one of the above
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Victim

A

any natural person with respect to who there is reason to believe that any crime as defined under the laws of this state or any other state or of the United States is being or has been perpetrated or attempted to be perpetrated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Malice

A

an intent to vex, annoy, harm, or injure another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

PC 140(a)

A

Every person who willfully uses force or threatens to use force or violence upon the person of a witness to, or a victim of a crime or any other person, or to take, damage, or destroy any property of any witness, victim, or any other person, because the witness, victim, or other person has provided any assistance or information to a law enforcement officer, or to a public prosecutor in a criminal proceeding or juvenile court proceeding
- wobbler

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

PC 166(a)(4)

A
  • violation of a court order
    • any person
    • willfully disobeying
    • the written terms of any process or court order, or out-of-state court order
    • lawfully issued by any court
  • court order must:
    • have been properly served on the person, or
    • the person must have been present when the order was generated
  • misdemeanor
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

PC 148(a)(1)

A

Resisting, delaying, or obstructing any public officer, peace officer, or emergency technician
• every person who
• willfully resists, delays, or obstructs
• any public officer, peace officer, or emergency technician
• in the discharge or the attempt to discharge
• any duty of that officer’s office or employment.
- no physical contact between suspect and officer required for RDO
- verbal threats or interference can be sufficient obstruction
*not audio/video/photo recording
- misdemeanor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Peace Officer

A
  • any county sheriff, undersheriff, or deputy sheriff;
  • any city or district chief of police or any police officer;
  • any marshal or deputy marshal of a municipal court;
  • any DA investigator;
  • any member of the California Highway Patrol.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Public Officer

A
  • building inspectors

* health inspectors, et al.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Executive Officers

A

charged with the responsibility of enforcing the law. This includes peace officers, district attorneys, city attorneys, and police commissioners

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

PC 69

A
  • Resisting or obstructing an executive officer
  • Every person who attempts:
    • by means of threat or violence
    • to deter or prevent
    • any executive officer from the performance of that officer’s duties, or
    • knowingly resists any executive officer
    • by the use of force or violence
    • in the performance of that officer’s duties
  • felony
  • Not audio/video/photo recording
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

PC 71

A
  • threatening public officers and employees, and school officials
  • Every person who:
  • with the intent to cause,
  • attempts to cause, or causes
    • any:
  • public officer or employee, or
  • officer or employee of any public or private educational institution
    • to do or refrain from doing
    • any act in the performance of their duties
    • by means of a threat
    • directly communicated to the person
    • to inflict an unlawful injury upon that person or that person’s property, and
    • it reasonably appears that the threat could be carried out
  • includes by telephone or letter
  • felony
17
Q

PC 148(c)

A
  • disarming a peace officer or public officer’s firearm while RDO
    • every person who
    • during the commission of any offense described in (Penal Code Section 148(a)(1)) (resisting, delaying, or obstructing any public officer, peace officer, or emergency technician)
    • removes or takes a firearm (Penal Code Section 148(c))
    • from the person or from the immediate presence of
    • a public officer or peace officer
  • felony
18
Q

PC 148(d)

A
  • Attempt to disarm an officer while RDO
    • the officer’s holster strap was unfastened by the defendant (Penal Code Section 148(d)(1))
    • the firearm was partially removed from the officer’s holster by the defendant (Penal Code Section 148(d)(2)
    • the firearm safety was released by the defendant (Penal Code Section 148(d)(3))
    • an independent witness corroborates that the defendant stated that he intended to remove the firearm and that the defendant actually touched the firearm (Penal Code Section 148(d)(4))
    • an independent witness corroborates that the defendant actually had his hand on the firearm and tried to take it from the officer who was holding it (Penal Code Section 148(d)(5))
    • the defendant’s fingerprint was found on the firearm or holster (Penal Code Section 148(d)(6))
    • physical evidence authenticated by a scientifically verifiable procedure established that the defendant touched the firearm (Penal Code Section 148(d)(7))
    • in the course of any struggle, the officer’s firearm fell and the defendant attempted to pick it up (Penal Code Section 148(d)(8))
  • felony
19
Q

PC 148(b)

A

-disarming officer of weapon other than firearm
• every person who
• during the commission of any offense described in Penal Code Section 148(a) (resisting, delaying, or obstructing any public officer, peace officer, or emergency technician)
• removes or takes
• any weapon other than a firearm
• from the person of
• or in the immediate presence of
• a public officer or peace officer
• while that officer is engaged in the performance of the officer’s duties
- felony

20
Q

PC 836.6(a)

A
  • attempting to escape or escaping from the custody of a peace officer after being remanded by a magistrate or judge
    • any person who has been
    • remanded by a magistrate or judge to the custody of a sheriff, marshal or other police agency, and
    • thereafter escapes or attempts to escape from that custody
  • not confined in jail or prison
  • misdemeanor unless by force or violence and causing serious bodily injury to the peace officer (then felony)
21
Q

PC 836.6(b)

A

attempting to escape or escaping from custody of a Peace Officer who knows or should know he has been arrested
• any person who has been
• lawfully arrested by a peace officer, and
• who knows or reasonably should have known that he/she was arrested, and
• who thereafter escapes or attempts to escape from the peace officer
- not confined in jail or prison
- misdemeanor unless by force or violence and causing serious bodily injury to the peace officer (then felony)

22
Q

PC 4530(a)

A
  • attempting or escape from a state prison through the use of force or violence
    • Every prisoner confined in a state prison who,
  • By force or violence,
  • Escapes or attempts to escape and
    • every prisoner committed to a state prison who,
    • by force or violence,
    • escapes or attempts to escape
  • while being conveyed to or from such prison or
  • any other state prison, or as delineated in Penal Code Section 4350(a)
  • while under the custody of prison officials, officers or employees;
  • while at work outside or away from
  • prison under custody of prison officials, officers, or employees
23
Q

PC 4530(b)

A
  • attempt or escape from a state prison w/o use of force or violence
    • Every prisoner who
    • commits an escape or
    • attempts an escape as described in subdivision (a)
    • without force or violence
  • felony
24
Q

PC 4530(c)

A
  • willful failure to return from temporary release, such as work or education release, at the specified time is considered an escape
  • felony
25
Q

PC 4532

A
  • escaping from county or city jail or home detention
  • Every prisoner who has been:
  • arrested and booked for, charged with, or convicted of a misdemeanor, or
  • committed as an inebriate under Welfare and Institutions Code Sections 5654, 5656, or 5677, and
  • is confined to any county or city jail, prison, or industrial farm, or is authorized for temporary release for work, education or family emergency, or participates in a home detention program pursuant to Penal Code Section 1203.016, and
  • who thereafter attempts to escape or escapes from that custody
  • felony regardless of prior misdemeanor/felony conviction or use of force in escape
26
Q

PC 4550

A
  • Attempt or rescue
  • To arrest a person for the crime of attempting to rescue or rescuing, the necessary crime elements are:
    • every person who
    • rescues or attempts to rescue, or
    • aids another in rescuing or attempting to rescue
    • any prisoner from any:
  • prison,
  • road camp,
  • jail, or
  • officer or person having that prisoner in lawful custody
  • felony
27
Q

PC 148.9

A
  • Presenting false ID
  • any person who:
    • falsely represents or identifies oneself as another person (real or fictitious)
    • to a peace officer
    • upon a lawful detention or arrest
    • to evade the:
  • process of the court, or
  • proper identification of that person by an investigating officer
  • misdemeanor
28
Q

PC 148.9 Related Statutes

A
  • Providing false information to a peace officer at this phase enforcing violations of the vehicle code is a misdemeanor. (Vehicle Code Section 31). This statute is related to those identified in this lesson.
  • False personation of another in private or official capacity; bail or surety; verification, publication or acknowledgement of instrument; acts imposing liability or conferring benefit; punishment. (Penal Code Section 529)
29
Q

PC 148.5

A
  • falsely reporting a criminal offense
  • every person who:
    • reports to any peace officer, district attorney, or deputy district attorney
    • that a felony or misdemeanor has been committed
    • knowing that the report is false
  • misdemeanor
30
Q

PC 148.3(c)

A

Emergency:
- any condition which results in, or could result in, the response of a public official in an authorized emergency vehicle, (e.g., patrol vehicle, ambulance, fire equipment, etc.), or any condition that jeopardizes public safety and results or could result in evacuation

31
Q

PC 148.3(a)

A
  • Falsely reporting an emergency
  • Any individual who reports, or causes any report to be made, to any city, county, city and county, or state departments, district, agency, division, commission, or board, that an “emergency” exists, knowing that the report is false, is guilty of a misdemeanor
32
Q

PC 148.3(b)

A

Any individual who reports, or causes any report to be made, to any city, county, city and county, or state department, district, agency, division, commission, or board, than an “emergency” exists, and who knows that the report is false, and who knows or should know that the response to the report is likely to cause death or great bodily injury, and great bodily injury or death is sustained by any person as a result of the false report, is guilty of a felony.

33
Q

PC 1170

A

Falsely reporting a destructive device

  • Any person who reports to specified personnel that a bomb or other explosive has been, or will be, placed or hidden in any public or private place knowing that the report is false.
  • Specified personnel includes peace officers, media, airlines or other public transportation, occupants of a building, telephone company
  • felony or misdemeanor
34
Q

PC 407

A

Unlawful Assembly
• two or more persons assembling together
• to do:
- an unlawful act, or
- a lawful act in a violent, boisterous, or tumultuous manner
- If intent to commit unlawful act, act does not need to actually take place
- prove intent to commit illegal act through circumstantial evidence (hour, location, statements by participants)
- does not have to be violent
- misdemeanor

35
Q

Violent Manner

A

when acts involve criminal violence or tend to incite others to criminal violence.

36
Q

Boisterous or Tumultuous Manner

A

when communication becomes noise at the level that disrupts the public peace.

37
Q

PC 416(a)

A 
Refusal to Disperse
- Two or more persons:
• assembling for the purpose of:
- disturbing the peace, or
- committing any unlawful act, and
• not dispersing on being desired or commanded to do so by a public officer
- applies only to participants in the unlawful assembly.
- misdemeanor
38
Q

PC 409

A

Remaining present at the place of any riot, rout, or unlawful assembly

  • Every person remaining present at the place of any riot, rout or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse
  • misdemeanor

Police Academy (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions