Workbook 1-upload Flashcards
(171 cards)
1
Q
What is a major trend in the criminal justice system in the United States regarding sentencing?
A
Sentencing Reform
Reducing the number of people in state prison and eliminating life without parole.
2
Q
What does ‘Raise the Age’ refer to in the context of young defendants?
A
Increasing the age for trying a youth as an adult.
3
Q
What significant change did Proposition 36 (2000) introduce?
A
Substance abuse and Crime Prevention Act allowing non-violent drug offenders to serve time in drug treatment instead of jail.
4
Q
What is the purpose of Assembly Bill 109 (2011)?
A
To alleviate severe overcrowding in state prisons.
5
Q
What does Proposition 47 (2014) change regarding criminal sentences?
A
Re-categorized some nonviolent offenses as misdemeanors.
6
Q
What is the primary focus of the Public Safety and Rehabilitation Act (Proposition 57, 2016)?
A
Allows parole consideration for non-violent felons.
7
Q
What does Senate Bill 215 (2018) authorize for defendants with mental disorders?
A
Pretrial diversion for mental health treatment.
8
Q
What historical milestone is associated with the establishment of the FBI?
A
Established in 1908 to investigate economic crimes.
9
Q
What are Miranda Rights and when were they established?
A
Rights informing detained suspects of their rights to an attorney and against self-incrimination; established in 1966.
10
Q
What does PC 834 define as an arrest?
A
Taking a person into custody authorized by law.
11
Q
What is the main difference between a felony and a misdemeanor?
A
Felonies are punishable by death or imprisonment in state prison; misdemeanors by jail time not exceeding six months.
12
Q
What is a ‘wobbler’ in the context of criminal offenses?
A
An offense that can be charged as either a felony or a misdemeanor.
13
Q
What does the term ‘COP’ originally refer to?
A
Copper, meaning ‘someone who captures’.
14
Q
What is the significance of the Racketeer Influenced and Corrupt Organizations Act (RICO)?
A
Addresses organized crime by allowing racketeering charges connected with an organization.
15
Q
What major change did the PATRIOT Act introduce regarding law enforcement?
A
Expanded powers for surveillance and evidence gathering.
16
Q
What does PC 841 require during an arrest?
A
The person making the arrest must inform the arrested person of the intention to arrest and the cause.
17
Q
What is the maximum time for a defendant to be taken before a magistrate after arrest as specified by PC 825?
A
Within 48 hours after arrest.
18
Q
What happens during the arraignment process?
A
Defendant learns about their rights, is advised of charges, and enters a plea.
19
Q
What is a plea bargain?
A
An agreement where the accused pleads guilty for a lesser sentence or reduced charge.
20
Q
What does Proposition 36 (2012) change in the ‘Three Strikes’ law?
A
Revises the law to apply only when the new felony conviction is serious or violent.
21
Q
What does the term ‘bail’ refer to in the criminal justice process?
A
A sum of money or property given to ensure a defendant’s appearance in court.
22
Q
True or False: A private person can arrest another for a public offense committed in their presence.
A
True.
23
Q
What is the role of the Grand Jury in the criminal justice process?
A
To determine if there is enough evidence to formally charge a defendant.
24
Q
Fill in the blank: A _______ is a crime punishable by imprisonment in the county jail not exceeding six months.
A
misdemeanor.
25
What does PC 16 define as crimes and public offenses?
Felonies, misdemeanors, and infractions.
26
What is a felony?
A crime punishable with death, imprisonment in state prison, or imprisonment in a county jail under specific provisions
## Footnote
Felonies are more serious than misdemeanors and often carry longer sentences.
27
What is a misdemeanor?
An offense punishable by imprisonment in county jail not exceeding six months, by a fine not exceeding $1,000, or by both
## Footnote
Misdemeanors are less serious than felonies.
28
What is an infraction?
A violation that is not punishable by imprisonment and does not entitle the accused to a trial by jury
## Footnote
Infractions typically involve minor offenses.
29
What is a wobbler?
A crime that can be punished as either a felony or a misdemeanor, depending on the prosecutor's decision
## Footnote
Common examples include certain theft offenses.
30
What is the punishment for a felony under PC 18?
Imprisonment for 16 months, or two or three years in state prison
## Footnote
This is the standard punishment unless otherwise prescribed by law.
31
What does 'acquittal' mean?
A jury verdict that a criminal defendant is not guilty
## Footnote
It can also be a judge's finding of insufficient evidence for a conviction.
32
Define 'admissible' in a legal context.
Evidence that may be considered by a jury or judge in civil and criminal cases
## Footnote
Admissibility is crucial for the integrity of a trial.
33
What is an appeal?
A request for a higher court to review a trial decision
## Footnote
The party who appeals is called the appellant.
34
What occurs during an arraignment?
A criminal defendant is brought into court, informed of charges, and asked to plead
## Footnote
Pleas can be guilty, not guilty, or nolo contendere.
35
What is bail?
The release of a person accused of a crime under conditions to ensure court appearance
## Footnote
Bail can also refer to the monetary amount posted for release.
36
Who has the burden of proof in criminal cases?
The government has the burden of proving the defendant's guilt
## Footnote
In civil cases, the burden typically lies with the plaintiff.
37
What is case law?
The law established in previous court decisions
## Footnote
It is often synonymous with legal precedent.
38
What is community service in a legal context?
Work required by the court for a civic or nonprofit organization without pay
## Footnote
It is often imposed as part of a sentence.
39
What is a complaint in legal terms?
A written statement that begins a civil lawsuit detailing claims against a defendant
## Footnote
It initiates the legal process.
40
What is the difference between concurrent and consecutive sentences?
Concurrent sentences are served at the same time; consecutive sentences are served one after the other
## Footnote
This affects the total time served.
41
What is a conviction?
A judgment of guilt against a criminal defendant
## Footnote
It is the result of a trial or plea.
42
Define 'counsel' in legal terminology.
Legal advice or the lawyers involved in a case
## Footnote
Counsel can also refer to the act of advising.
43
What does a court reporter do?
Makes a word-for-word record of court proceedings
## Footnote
They produce transcripts upon request.
44
What is detention?
The act of holding someone in custody before court disposition
## Footnote
It can occur before trial.
45
What is a deposition?
An oral statement made under oath, often used for witness examination
## Footnote
Depositions gather evidence prior to trial.
46
What is discovery in legal proceedings?
Procedures used to obtain evidence disclosure before trial
## Footnote
It ensures both parties are prepared.
47
What is the exclusionary rule?
Doctrine that excludes evidence obtained in violation of a defendant's rights
## Footnote
It protects constitutional rights.
48
What does 'grand jury' refer to?
A body that determines if there is probable cause for criminal charges
## Footnote
It issues indictments for felonies.
49
What is habeas corpus?
A writ forcing authorities to justify a prisoner's confinement
## Footnote
It protects against unlawful detention.
50
What is hearsay?
Evidence presented by a witness who did not directly observe the event
## Footnote
Generally not admissible in court.
51
What is an indictment?
A formal charge issued by a grand jury indicating sufficient evidence for trial
## Footnote
Primarily used for felonies.
52
What is the role of a judge?
An official with authority to decide lawsuits
## Footnote
Judges can include various judicial officers.
53
What is jurisdiction?
The legal authority of a court to hear a certain type of case
## Footnote
It also refers to the geographic area over which a court has authority.
54
What is a jury?
A group selected to hear evidence in a trial and render a verdict
## Footnote
Jury decisions can determine guilt or innocence.
55
What is a mistrial?
An invalid trial caused by fundamental error
## Footnote
A mistrial requires starting the trial anew.
56
What does 'nolo contendere' mean?
A plea of no contest, treated like a guilty plea for sentencing
## Footnote
It does not admit guilt for other purposes.
57
What is parole?
The release of a prison inmate after serving part of their sentence under supervision
## Footnote
Parole was abolished under the Sentencing Reform Act of 1984.
58
What is a plea in a criminal case?
The defendant's statement pleading 'guilty' or 'not guilty'
## Footnote
A plea can also be nolo contendere.
59
What are pleadings?
Written statements filed with the court describing a party's assertions
## Footnote
Pleadings provide the basis for legal arguments.
60
What is a pretrial conference?
A meeting to plan the trial and discuss evidence and scheduling
## Footnote
It often addresses settlement possibilities.
61
What are pretrial services?
Investigative functions to assess whether to release or detain individuals awaiting trial
## Footnote
They help the court evaluate flight risk and community threats.
62
What does 'pro per' mean?
A slang term for a pro se litigant, meaning representing oneself
## Footnote
It derives from the Latin 'in propria persona.'
63
What does 'pro se' refer to?
Representing oneself in legal proceedings
## Footnote
It indicates a lack of legal representation.
64
What does 'pro tem' mean?
Temporary
## Footnote
Often used in the context of temporary appointments.
65
What is probation?
A sentencing option releasing an individual to the community under supervision instead of prison
## Footnote
It includes conditions set by the court.
66
What does a probation officer do?
Supervises released defendants and conducts presentence investigations
## Footnote
They prepare reports on convicted defendants.
67
What does 'prosecute' mean?
To charge someone with a crime on behalf of the government
## Footnote
The prosecutor represents the state in criminal cases.
68
What does 'remand' mean?
To send back
## Footnote
Often refers to sending a case back to a lower court.
69
What is a sentence in legal terms?
The punishment ordered by a court for a convicted defendant
## Footnote
Sentences can vary widely based on the crime.
70
What is a statute?
A law passed by a legislature
## Footnote
Statutes form the basis for legal regulations.
71
What is the statute of limitations?
The time limit within which a lawsuit must be filed or a prosecution begun
## Footnote
Varies based on the type of case.
72
What is a subpoena?
A command issued by a court for a witness to appear and testify
## Footnote
It is a critical tool for gathering evidence.
73
What is testimony?
Evidence presented orally by witnesses during trials
## Footnote
Testimony is a primary source of evidence.
74
What is a tort?
A civil wrong, negligent or intentional, causing injury to a person or property
## Footnote
Tort law is distinct from criminal law.
75
What does it mean to uphold a decision?
The appellate court agrees with and allows the lower court decision to stand
## Footnote
This indicates the lower court's ruling was correct.
76
What is a verdict?
The decision made by a jury or judge determining guilt or innocence
## Footnote
A verdict concludes the trial process.
77
What is a warrant?
Court authorization for law enforcement to conduct a search or make an arrest
## Footnote
Warrants must be based on probable cause.
78
What is a witness?
A person called to give testimony in court
## Footnote
Witnesses can provide crucial evidence.
79
What is a writ?
A written court order directing a person to take or refrain from taking a certain act
## Footnote
Writs can compel actions or prevent them.
80
What does it mean to be convicted?
To have plead or been found guilty by a court of law
## Footnote
Conviction results in a legal judgment against the defendant.
81
What does it mean to be acquitted?
To have been found not guilty by a court of law in a criminal trial
## Footnote
Acquittal means the defendant is cleared of charges.
82
What does it mean when a case is dismissed?
The court or prosecutor has decided the charge should not proceed
## Footnote
Dismissal terminates the case without a trial.
83
What does it mean when no charges are filed or charges are dropped?
The prosecutor has declined to pursue the case
## Footnote
This can occur for various reasons, including lack of evidence.
84
What does vacated mean in legal terms?
The court has withdrawn a guilty plea or set aside a guilty verdict
## Footnote
This allows the defendant to claim they were never convicted.
85
What does sealed mean in a legal context?
The court has restricted access to the content of the record
## Footnote
Sealed records are still public but difficult to access.
86
What does expunged mean?
The deletion of non-conviction information, such as arrest data
## Footnote
Expungement clears an individual's record of certain offenses.
87
What does pending mean in legal terms?
The case is still being investigated or prosecuted
## Footnote
Pending cases are not yet resolved.
88
What does diversion/deferred prosecution mean?
The court delays prosecution pending successful completion of a treatment program
## Footnote
Charges will be dismissed if the program is completed successfully.
89
What is a suspended sentence?
The court delays sentencing pending successful completion of probation or treatment
## Footnote
If conditions are met, the case may be reduced or dismissed.
90
Under what conditions can juveniles be processed in the adult criminal justice system?
Minors aged 16 or older charged with certain felonies can be processed as adults
## Footnote
This includes serious offenses like murder and sexual assault.
91
What constitutes the menace or fear in the context of unlawful bodily injury?
Immediate and unlawful bodily injury
## Footnote
This refers to the threat of harm that instills fear in the victim.
92
What is the definition of sodomy by force?
Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury
## Footnote
This includes any non-consensual sexual act that involves force.
93
What is oral copulation by force defined as?
Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury
## Footnote
This refers to non-consensual oral sexual acts involving force.
94
What age must a minor be for the district attorney to motion for transfer to criminal court under Section 602?
16 years of age or older
## Footnote
This applies when a minor is alleged to have committed certain serious offenses.
95
What must the juvenile court order upon a motion to transfer a minor to criminal court?
The probation officer to submit a report on the behavioral patterns and social history of the minor
## Footnote
This report includes victim statements as per Section 656.2.
96
What factors are considered in the motion to transfer a minor to criminal court?
["Degree of criminal sophistication exhibited by the minor", "Whether the minor can be rehabilitated prior to expiration of juvenile court’s jurisdiction", "Minor’s previous delinquent history", "Success of previous attempts to rehabilitate the minor", "Circumstances and gravity of the offense alleged"]
97
List one offense that can lead to a minor being described under Section 602.
["Murder", "Arson", "Robbery", "Rape with force", "Sodomy by force", "Lewd or lascivious act", "Oral copulation by force", "Kidnapping for purposes of robbery", "Attempted murder"]
98
What criteria must be met for a building containing a jail to be converted into a secure juvenile facility?
["Physically separated from jail", "Written policies to prevent contact", "Dedicated and separate staff", "Compliance with state and local regulations"]
99
Is it legal for a person under 18 to have contact with adults in a detention facility?
No, it is unlawful
## Footnote
This includes contact with adults who have been committed as mentally disordered sex offenders.
100
What does 'contact' not include according to Section 208?
Participation in supervised group therapy or other supervised treatment activities
## Footnote
This is as long as living arrangements are segregated.
101
What is the maximum probation term for misdemeanors according to PC 1203A?
Cannot exceed three years
## Footnote
This refers to the duration of misdemeanor probation.
102
What are the four functions of corrections?
["Intake", "Custody", "Security", "Rehabilitation"]
103
Who are considered mandated reporters?
["Licensed healthcare professionals", "Social workers", "Teachers", "Clergy", "Law enforcement agency employees"]
104
What is the penalty for failing to report a crime as a mandated reporter?
Misdemeanor with potential six months in jail and/or $1000 fine
## Footnote
This is specified under California law.
105
What is the required reporting timeframe for child abuse?
Within 36 hours
## Footnote
This is mandated under specific welfare codes.
106
What are the responsibilities of a probation officer?
["Make recommendations to the court", "Serve as the court’s investigator", "Submit presentenced report", "Determine classification of crime"]
107
True or False: A judge must explain the consequences of a plea bargain to the defendant.
True
## Footnote
This is part of ensuring that the plea is voluntary.
108
What does neglect exclude in the context of child protection?
Public fighting between minors, reasonable & necessary force used by a peace officer, spanking that is reasonable and age appropriate without risk of serious injury
## Footnote
This definition outlines the boundaries of neglect in child welfare cases.
109
What is the reporting requirement for child abuse?
Required to be reported within 36 hours
## Footnote
Refers to the legal obligation to report suspected child abuse cases.
110
What types of abuse are covered under the Welfare & Institutions Code sections 15630-15632?
* Physical abuse (includes sexual abuse)
* Neglect
* Financial abuse
* Abandonment
* Isolation
* Abduction
* Deprivation of goods or services necessary to avoid suffering
## Footnote
These categories outline various forms of elder and dependent adult abuse.
111
What is the reporting timeframe for elder and dependent adult abuse?
Required to be reported within two working days
## Footnote
This is the timeframe mandated for reporting suspected elder and dependent adult abuse.
112
What does Penal Code sections 11160-11163.6 cover?
Domestic Violence
## Footnote
This section of the Penal Code outlines the legal framework for reporting and addressing domestic violence.
113
Is there a legal requirement to inform a patient of a report related to domestic violence?
No legal requirement
## Footnote
Ethically, it is suggested to inform the person of the obligation as a mandated reporter.
114
What is the minimum jail standard defined in Title 15?
* Establish minimum selection and training standards
* Administer the Corrections Training Fund
* Monitor compliance with standards
* Develop core training curricula for entry-level staff
* Provide training in selected curriculum
## Footnote
Title 15 establishes standards for local detention facilities in California.
115
What is the purpose of the Board of State and Community Corrections (BSCC)?
To establish minimum standards for local correctional facilities and monitor compliance
## Footnote
BSCC also provides training and technical assistance to local corrections systems.
116
What is the required meal consumption time for inmates according to Title 15?
A minimum of fifteen minutes shall be allowed for the actual consumption of each meal
## Footnote
This rule ensures inmates have adequate time to eat.
117
What constitutes a detainer in the context of criminal justice?
A request filed by a criminal justice agency to hold a prisoner or notify when release is imminent
## Footnote
Detainers are crucial for managing inmates who have pending charges.
118
What is the process of extradition?
The formal process of one state surrendering an individual to another state for prosecution or punishment
## Footnote
Extradition involves legal procedures defined by state laws.
119
Under Penal Code 26, who is not capable of committing a crime?
* Children under 14
* Mentally incapacitated individuals
* Those committing acts without consciousness
* Those acting under threats
## Footnote
This outlines the exceptions to criminal liability.
120
What are the differences between case law and codified law?
Case law is the interpretive process by courts, while codified law refers to statutes created through legislative processes
## Footnote
Each type of law plays a different role in the legal system.
121
What are the elements required to prove a crime?
All specific facts and conditions listed in the code section must be present
## Footnote
Understanding the elements is crucial for legal prosecution.
122
What is the legal definition of civil liability?
Potential responsibility for payment of damages or court-enforcement in a lawsuit, distinct from criminal liability
## Footnote
Civil liability involves private injuries rather than public offenses.
123
What is the burden of proof in criminal law?
State v defendant
## Footnote
The burden of proof lies with the prosecution in a criminal case.
124
What penalties can a public officer face under PC 149?
* Fine not exceeding ten thousand dollars
* Imprisonment in a county jail not exceeding one year
* Both fine and imprisonment
## Footnote
This law addresses the abuse of authority by public officers.
125
What is the significance of the case Stewart v Gates?
Established that every prisoner kept overnight in a jail must be accorded a mattress and bed
## Footnote
This case highlights the court's role in protecting prisoner rights.
126
What is the definition of a tortious act?
A tortious act is a wrongful act that causes harm or injury to another party.
127
List examples of tortious acts.
* Intentional infliction of emotional distress
* Negligence
* Financial losses
* Injuries
* Invasion of privacy
128
What is 'standing' in the context of tort law?
Standing refers to the plaintiff’s ability to prove their right to bring a lawsuit.
129
What is 'proximate cause'?
Proximate cause is the primary cause that directly leads to harm or damage.
130
What does 'burden of proof' mean in civil cases?
The burden of proof is the plaintiff's responsibility to prove their case.
131
True or False: Anyone can file a claim or bring action in a civil lawsuit.
True
132
What are the possible outcomes of a civil lawsuit?
* Winning – dismissal of the case
* Losing – degree of damages of recovery awarded
133
What types of liability can an individual face?
* Direct liability
* Indirect liability (vicarious liability)
134
Define direct liability.
Direct liability involves actions that an individual does or allows directly.
135
Define indirect liability.
Indirect liability involves responsibility for the actions of others, such as employees.
136
What are the levels of negligence?
* Simple
* Gross
* Willful/Wanton
137
What characterizes 'simple negligence'?
A reasonable act by an officer acting in the scope of employment without due care.
138
What characterizes 'gross negligence'?
An unreasonable act that is clear as a matter of law where a duty is presumed.
139
What characterizes 'willful/wanton negligence'?
A gross act or omission done intentionally.
140
What are the possible sanctions imposed for negligence?
* Monetary damages
* Court orders
* Involuntary dismissal
* Incarceration
141
What is 'preponderance of the evidence'?
The greater weight of the evidence required in a civil lawsuit to favor one side.
142
What is the legal definition of assault according to PC 240?
An unlawful attempt, coupled with a present ability, to commit a violent injury on another.
143
What is the legal definition of battery according to PC 242?
Any willful and unlawful use of force or violence upon another person.
144
What is the significance of PC 653.75?
It defines crimes committed while in custody in correctional facilities.
145
What must inmates be entitled to?
* Be Mirandized
* Right to counsel
* Right to bail
146
What is the role of a correctional officer at a crime scene?
To take control of the situation, preserve the crime scene, and render emergency medical care.
147
What should be established first at a crime scene?
A perimeter surrounding the crime scene.
148
What is the purpose of the Wolff v McDonnell case?
It outlines inmates' disciplinary rights.
149
Fill in the blank: A person confined in state prison who commits battery by gassing a peace officer is guilty of _______.
aggravated battery
150
What does PC 4501.5 address?
Battery upon an individual who is not confined in the prison.
151
What are the consequences of voluntary negligence?
* Compensatory damages
* Medical bills
* Emotional distress
152
What is double jeopardy in the context of penal code?
A principle that prevents an individual from being tried for the same crime twice.
153
What are the possible consequences of failure to comply with orders?
* Damages
* Involuntary dismissal from position
154
True or False: Inmates can be charged and punished by both the court and the facility for the same crime.
True
155
What types of evidence may indicate that a crime occurred?
* Blood stained
* Body fluids
* Clothing
* Footwear
* Weapons
* Fingerprints
* Personal property
* Hair
## Footnote
Evidence may be found at the crime scene or nearby, prompting an expansion of the perimeter.
156
What is the primary purpose of preserving a crime scene?
To disturb the scene as little as possible
## Footnote
This includes entering and exiting along the same path and recording any disturbances.
157
What should be done if the crime scene is disturbed?
Record it in your notes
## Footnote
Documenting disturbances is crucial for maintaining the integrity of the evidence.
158
What are some methods to secure a crime scene?
* Erect barricades
* Use crime scene tape
* Post guards
## Footnote
Only necessary personnel should be allowed access to the scene.
159
What should be documented at a crime scene?
* Good notes
* Draw a diagram
* Specifics of the incident
* Inmate actions
* Statements
* Emotional state
## Footnote
Documenting every action taken and who was present is essential.
160
What does CLETS stand for?
California Law Enforcement Telecommunications System
## Footnote
It is a statewide information system accessible to California law enforcement agencies.
161
What is the purpose of CORI?
To compile records and data for identifying criminal offenders
## Footnote
This includes maintaining summaries of arrests, charges, sentencing, and rehabilitation.
162
What are the consequences of using CLETS information for non-official purposes?
* Dismissal from employment
* Possible prosecution
* Disciplinary issues
## Footnote
Violations of Penal Code Sections may lead to serious ramifications.
163
What is required for persons accessing CLETS information?
* Complete a background check
* Training in operation, policies, and procedures
## Footnote
Training must be provided by a certified CLETS/NCIC trainer.
164
What is the difference between 'need to know' and 'right to know'?
* Need to know: Necessity to obtain information for official responsibilities
* Right to know: Legal authorization to access information
## Footnote
Both conditions must be met to access information.
165
What types of information should NOT be transmitted to offenders?
* Social announcements
* Recruitment messages
* Attempts to locate vehicle without warrant
* Political issue messages
* Requests for criminal history
## Footnote
These types of communications are inappropriate and may breach trust.
166
What types of information can be shared with the public?
* Visiting information
* Charges
* Bail
* Court dates
## Footnote
Specific inquiries about inmates may be released as per agency policy.
167
What does NCIC stand for?
National Crime Information Center
## Footnote
It serves as the federal counterpart to CJIS.
168
What is the Automated Firearms System (AFS)?
A database allowing law enforcement to inquire about firearms
## Footnote
It is one of the systems accessible through CLETS.
169
What should be updated when there is a change in agency head regarding CLETS information?
The 'Release of Information from the CLETS' form
## Footnote
This form ensures compliance and proper record-keeping.
170
Fill in the blank: The summary criminal history records are commonly referred to as _______.
rap sheets
## Footnote
These records are created from data submitted on fingerprints and arrest forms.
171
True or False: Only authorized personnel can access information from the CLETS.
True
## Footnote
Access is strictly regulated and requires appropriate training and background checks.
