PC 832 LMSP EXAM QUESTIONS &
ANSWERS 100% ACCURATE!
Constitutional Law - ANSWERSThe rules and provisions found in the federal and state
constitutions form the basis of modern law
Law enforcement officers are also impacted and bound by the decisions of these courts.
Many of the rules governing criminal procedure, such as due process, search and
seizure, self-incrimination, and equal protection, are set forth in the first 10 amendments
to the U.S. Constitution, known as the Bill of Rights.
Statutory Law - ANSWERSconsists of the written laws enacted by a legislative body.
All crimes are statutory in California. To be enforceable, a law must be written, a
concept based on the legal principle that "there is no crime if there
is no statute," and a punishment must be provided.
Punishments for a crime are usually noted in the same statute that describes the
criminal act itself, or in an adjoining statute. Penal Code Sections 18 and 19 also
provide for punishments for those offenses without a specific punishment.
Both the U.S. and the California State Constitutions prohibit ex post facto laws, laws
written after the fact to punish an action that has already taken
place and was not illegal at the time of commission. In other words, the law must have
been enacted before the alleged criminal act took place.
Statutory law is recorded in the various state, county, or municipal codes. State codes
include all current statutes enacted by the state legislature. County and municipal codes
include all current ordinances (statutes) enacted by a county or city. Statutes are
arranged systematically in the codes for easy reference.
The California codes most likely to be encountered by law enforcement
officers are:
Penal Code Vehicle Code Welfare and Institutions Code Health and Safety Code
Evidence Code Business and Professions Code
Case Law - ANSWERSbased upon previous appellate court decisions that are binding
on lower court decisions. This principle is known as precedent.
The primary purposes of case law are to:
interpret the Constitution clarify statutes
California trial courts must follow both state and federal appellate court decisions.
Letter of the law - ANSWERSmeans the law is strictly applied in accordance with the
literal meaning of the statute, leaving no room for interpretation.
,Spirit of the Law - ANSWERSlaw is applied in accordance with the intent of the
legislature, the promotion of fairness and justice, and not solely in literal compliance
with the words of the statute.
Criminal Law - ANSWERSdeals with violations of the criminal statutes. Such violations
are called crimes and are considered public wrongs against all the people of the State
of California.
The consequence for violating criminal law is prosecution. The state prosecutes a
criminal when a crime has been committed.
One aim of criminal law is punishment
Civil Law - ANSWERSnoncriminal violations of the law or private wrongs committed by
one person against another. A civil wrong is called a tort, or in the case of failure to
comply with the terms of a contract, a breach of contract.
The purpose of civil law is redress, or in other words, to right a wrong
Law enforcement officers have a duty to investigate any potential criminal violations,
even in civil matters.
If the matter is only civil, peace officers lack the authority to force a resolution to the
dispute. Their duty is to stand by, preserve the peace and maintain order.
Example: An officer could not force a tenant to pay back rent because the payment of
the rent is a civil issue. However, if the landlord were to lock the tenant out of his
apartment (without the proper court order) that would be a
Statutory Definition of a Crime - ANSWERS1. Act committed or omitted in violation of
law
2. Forbidding or commanding it
3. Upon conviction
4. Provides punishments
A crime is a violation of a criminal statute. Penal Code Section 15 defines a crime or
public offense as "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 office disqualification to hold and enjoy any
office of honor, trust, or profit in the State of California
Identify the basic elements common to all crimes - ANSWERS[5.03.EO5]
The elements of the crime are the basic facts that must be proved by the prosecution to
sustain a conviction. If any of the elements is missing, the crime is incomplete.
Identify the basic elements required of an attempt to commit a crime. - ANSWERS1.
Intent to commit that crime, and
2. A direct, but ineffectual, act done toward its commission
, A crime of attempt is possible whenever the circumstances make accomplishment of
the objective apparently possible, even though in fact, it was not accomplished.
Examples
A woman told a drug dealer that she wanted to purchase heroin from him. Although she
did not realize it, the dealer sold the woman talcum powder. The woman has attempted
to possess a controlled substance.
A man enters a bank and gives the teller a demand note. The teller pretends to faint and
the man runs from the bank. The man has attempted to commit robbery. The crime is
not complete because he did not get the money.
General Intent Crimes - ANSWERSIntent is presumed and does not have to be proven.
These are called general intent crimes, i.e. battery, arson, transportation of drugs or ex-
felon in possession of a firearm. In general, the person intentionally did that which the
law declared to be a crime.
It does not matter that the person does not know that the particular conduct was against
the law. General intent presumes that the person was aware of his (or her) actions or
was aware of his (or her) conduct. Ignorance of the law is no excuse.
ex. Possession of less than an ounce of marijuana, it is not necessary to prove intent,
only that the marijuana was possessed.
Specific Crimes - ANSWERSAn 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
burglary, or kidnapping for ransom.
ex. Possession of marijuana with intent to sell; possession must be proven as well as
intent to sell.
Transferred Intent Crimes - ANSWERSWhen an unlawful act affects a person other
than, or in addition to, the person it was intended to affect, the intent becomes
transferred intent. Criminal intent in these instances is transferred from the intended
victim to the actual victim.
Intent may be transferred only if the act involved does not require a different state of
mind or criminal intent.
If an action is lawful there is no crime and transferred intent does not apply.
The defendant shot at an intended victim with intent to kill him, but instead hit and killed
a bystander. The defendant is guilty of murder even though he did not have the specific
intent to kill the bystander. The intent transfers from the intended victim to the
bystander.
