Pc832 Exam Questions With Complete Solutions
4th amendment - AnswerProtection from illegal or unreasonable search and seizure. Right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizure.
/.Consensual contact/encounter - Answerface...
Pc832 Exam Questions With Complete
Solutions
4th amendment - AnswerProtection from illegal or unreasonable search and seizure.
Right of the people to be secure in their persons, houses, papers, and effects against
unreasonable search and seizure.
/.Consensual contact/encounter - Answerface-to-face contact with a person under
circumstances which would cause a reasonable person to believe they are free to leave
or otherwise not cooperate. No legal justification needed if the officer has a legal right to
be there.
/.Reasonable suspicion - AnswerStandard to justify detention. Exists when an officer
has sufficient facts and info to make it reasonable to suspect that criminal activity may
be occurring and the person to be detained is connected to that activity. Ex- appearance
of person, actions, driving behaviors, knowledge of person's history, demeanor, time of
day, location, training/experience. Cannot be based on a hunch or instinct.
/.Probable cause - AnswerTo arrest exists when the totality of the circumstances or
"total atmosphere" of the case would cause a person of ordinary care and prudence to
entertain an honest and strong suspicion that the person to be arrested is guilty of a
crime.
/.Constitutional law - AnswerFormed by the rules and provisions found in the federal
and state constitutions.
/.Statutory law - Answeror 'codified law' - consists of the written laws enacted by a
legislative body. (All crimes are statutory in CA. To be enforceable a law must be
written)
/.Case law - Answer'precedent' - to interpret the constitution and to clarify statutes.
/.Judicial review - AnswerProtects the rights of the individual from unconstitutional
legislation when state or federal branches declare certain behavior to be criminal and
punishable by law.
/.Letter of the law - Answermeans the law is strictly applied in accordance with the literal
meaning of the statute, leaving no room for interpretation.
/.Spirit of the law - Answermeans the law is applied in accordance with the intent of the
legislature, the promotion of fairness, and not soley in literal compliance with the words
of the statute.
, /.Interpretation of the law - Answereach code provision must be interpreted in regard to
relationship to other statutes, intent of legislative body, meanings of the words, and
scope of its effect.
/.Criminal law - Answerdeals with violations of the criminal statutes. Such violations are
called crimes and are considered public wrongs against all people of the State of CA.
The consequence is prosecution. Punishment may include death, incarceration, fines,
removal or disqualification from office.
/.Civil law - Answerdeals with non-criminal violations or private wrongs committed by
one person against another. Civil wrong is called a 'tort' or 'breach of contract'. The
purpose of civil law is to redress, or right a wrong. Consequences include monetary
compensation for the injured party, not including incarceration.
/.Tort by omission - Answeromission of an act or negligence may also be a tort if it
violates a legal duty owed to another person. Ex- Store owner failed to alert customers
of hazardous situation such as wet floor, resulting in injured person. Store owner's
failure to act could lead to civil action.
/.definition of a crime - Answercollective wrong or act of omission in violation of a law
/.elements of a crime - AnswerThe basic facts that must be proven by the prosecution to
sustain a conviction. The 'ingredients' of a crime.
/.Intent - Answera mental state or frame of mind that the person knowingly did the
particular criminal act (break the law). Intent may be general, specific, or transferred.
The intent is proven by the totality of the circumstances.
/.General intent crimes - AnswerIntent is presumed and does not have to be proven. Ex-
battery, arson, transportation of drugs, ex felon in possession of a firearm. Ignorance of
the law is not an excuse.
/.Specific intent crimes - AnswerIntent must be proven and cannot be presumed. Ex-
burglary, kidnapping for ransom.
/.Transferred intent crimes - AnswerWhen an unlawful act affects a person other than,
or in addition to, the person it was intended to affect, the intent becomes transferred
intent. Ex- defendant shot at intended victim with intent to kill them but instead killed a
bystander.
/.Criminal negligence - AnswerIn certain crimes, this meets the requirement of criminal
intent. Failure to exercise ordinary care and the act is aggravated or reckless and
constitutes indifference to the consequences.
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