CAS Bar Criminal Law

Question 1

How does California classify crimes?

Accepted Answer

As felonies, misdemeanors, and infractions, with some offenses classified as wobblers

Answer

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?

Accepted Answer

Entry into a structure with the intent to commit theft or any felony

Answer

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?

Accepted Answer

A sentencing enhancement that increases penalties for repeat offenders with prior serious or violent felony convictions

Answer

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?

Accepted Answer

It reduced certain non-violent property and drug offenses from felonies to misdemeanors

Answer

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?

Accepted Answer

A defendant can be convicted of murder if a death occurs during the commission of certain inherently dangerous felonies

Answer

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.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Criminal Law