Criminal Law Basics Flashcards

What is the difference between a misdemeanor and a felony in California?

Answer: Felonies are more serious crimes punishable by state prison; misdemeanors carry up to 1 year in county jail

California classifies crimes by severity: felonies carry potential state prison sentences, while misdemeanors are punishable by up to one year in county jail and/or fines.

What is reasonable suspicion?

Answer: Specific articulable facts suggesting criminal activity, enough to justify a brief investigative stop

Reasonable suspicion is a lower standard than probable cause, requiring specific facts that would lead a reasonable officer to suspect criminal activity.

What is the Fourth Amendment protection against?

Answer: Unreasonable searches and seizures by the government

The Fourth Amendment protects people from unreasonable government searches and seizures, requiring warrants based on probable cause for most searches.

What is a Terry stop?

Answer: A brief investigative detention based on reasonable suspicion of criminal activity

Named after Terry v. Ohio, this allows officers to briefly detain and question someone based on reasonable suspicion, and to pat down for weapons if safety is a concern.

What Miranda rights must be read before custodial interrogation?

Answer: The right to remain silent, that statements can be used in court, the right to an attorney, and to have one appointed if unable to afford one

Miranda warnings include: right to silence, statements can be used against you, right to an attorney, and one will be appointed if you cannot afford one.

What is the chain of custody for evidence?

Answer: Documentation of who handled evidence, when, and how, from collection to court presentation

Chain of custody tracks every person who handled evidence and every transfer, ensuring the evidence presented in court is the same evidence collected at the scene.