CAS Bar Criminal Law 1 — Questions and Answers
Question 1: How does California classify crimes?
- As felonies, misdemeanors, and infractions, with some offenses classified as wobblers (Correct answer)
- Only as felonies and misdemeanors
- As major and minor offenses only
- All crimes are classified the same way
Correct answer: As felonies, misdemeanors, and infractions, with some offenses classified as wobblers
California classifies crimes into three categories: felonies (punishable by state prison), misdemeanors (up to 1 year county jail), and infractions (fine only). Some offenses are 'wobblers' that can be charged as either felony or misdemeanor.
Question 2: What are the elements of burglary under California Penal Code Section 459?
- Entry into a structure with the intent to commit theft or any felony (Correct answer)
- Breaking and entering at night only
- Theft of property valued over $950
- Entering with a weapon
Correct answer: Entry into a structure with the intent to commit theft or any felony
California burglary requires entry into a building, room, or locked vehicle with the intent to commit grand or petit larceny or any felony. No breaking or nighttime entry is required.
Question 3: What is California's Three Strikes Law?
- A sentencing enhancement that increases penalties for repeat offenders with prior serious or violent felony convictions (Correct answer)
- A law requiring three witnesses for any conviction
- A rule about three chances before prosecution
- A law that only applies to drug offenses
Correct answer: A sentencing enhancement that increases penalties for repeat offenders with prior serious or violent felony convictions
California's Three Strikes Law imposes significantly enhanced sentences on defendants convicted of a new felony who have prior serious or violent felony convictions, with a potential 25-to-life sentence on a third strike.
Question 4: What is Proposition 47's impact on California criminal law?
- It reduced certain non-violent property and drug offenses from felonies to misdemeanors (Correct answer)
- It increased penalties for all crimes
- It eliminated the death penalty
- It only affected juvenile offenders
Correct answer: It reduced certain non-violent property and drug offenses from felonies to misdemeanors
Proposition 47 (2014) reclassified several non-violent property crimes (theft under $950) and drug possession offenses from felonies to misdemeanors.
Question 5: What is the California felony murder rule?
- A defendant can be convicted of murder if a death occurs during the commission of certain inherently dangerous felonies (Correct answer)
- Any death during any crime is automatically murder
- The rule was completely abolished in California
- It only applies to organized crime
Correct answer: A defendant can be convicted of murder if a death occurs during the commission of certain inherently dangerous felonies
Under California's felony murder rule (as modified by SB 1437), a person can be convicted of murder if they were the actual killer, aided the killer, or were a major participant in the felony who acted with reckless indifference to human life.
Question 6: What rights do crime victims have under California's Marsy's Law?
- The right to be heard at proceedings, to be notified of case status, and to restitution (Correct answer)
- No specific rights beyond testifying at trial
- Only the right to file a civil lawsuit
- Rights apply only in felony cases
Correct answer: The right to be heard at proceedings, to be notified of case status, and to restitution
Marsy's Law (Proposition 9, 2008) provides crime victims with constitutional rights including notification of proceedings, the right to be heard, protection from the defendant, and restitution.
CAS Bar Criminal Law 1
How does California classify crimes?