Criminal Law & Procedure Flashcards

Under California law, what is the primary distinction between first-degree and second-degree murder?

Answer: Premeditation and deliberation

First-degree murder requires willful, deliberate, and premeditated killing, while second-degree murder is any other intentional killing.

The exclusionary rule established in Mapp v. Ohio applies to evidence obtained through:

Answer: Unconstitutional searches and seizures

Mapp v. Ohio extended the exclusionary rule to state courts, prohibiting use of evidence obtained through Fourth Amendment violations.

In California, a 'wobbler' offense is one that can be charged as:

Answer: A felony or misdemeanor depending on circumstances

A wobbler is an offense that the prosecutor may charge as either a felony or misdemeanor based on facts and the defendant's history.

What is the purpose of a preliminary hearing in California criminal proceedings?

Answer: To determine if probable cause exists to hold the defendant for trial

A preliminary hearing is a probable cause determination where a judge decides whether sufficient evidence exists to require the defendant to stand trial.

Under Miranda v. Arizona, warnings must be given when a suspect is:

Answer: In custody and subject to interrogation

Miranda warnings are required when two conditions are met: the suspect is in custody AND subject to interrogation.

California Penal Code Section 187 defines murder as the unlawful killing of a human being with:

Answer: Malice aforethought

California defines murder as the unlawful killing of a human being or fetus with malice aforethought under PC 187.

The 'fruit of the poisonous tree' doctrine extends the exclusionary rule to:

Answer: Evidence derived from an initial constitutional violation

The fruit of the poisonous tree doctrine excludes not only directly obtained illegal evidence but also secondary evidence derived from the initial violation.