Criminal Law & Procedure Flashcards
7 cards from real CP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Law & Procedure flashcards as text
Which doctrine allows police to seize evidence in plain view without a warrant when lawfully present?
Answer: The plain view doctrine
The plain view doctrine permits warrantless seizure of evidence if officers are lawfully present and the incriminating nature of the item is immediately apparent.
Under California's Three Strikes Law, a defendant convicted of a third felony receives a mandatory sentence of:
Answer: 25 years to life
California's Three Strikes Law mandates a minimum sentence of 25 years to life for defendants convicted of a third serious or violent felony.
What is the legal standard for determining whether police had reasonable suspicion to perform a Terry stop?
Answer: Specific and articulable facts suggesting criminal activity
Terry v. Ohio established that an investigatory stop requires specific and articulable facts that criminal activity may be afoot — a lower standard than probable cause.
In California, involuntary manslaughter under PC 192(b) typically involves:
Answer: A killing during commission of a lawful act without due caution
Involuntary manslaughter occurs when a killing results from commission of a lawful act without due caution and circumspection, or from an unlawful act not amounting to a felony.
A habeas corpus petition in criminal matters primarily challenges:
Answer: The legality of the defendant's continued confinement
A habeas corpus petition is a collateral attack on the legality of a person's detention or imprisonment, not on the merits of the conviction itself.
Under California law, what distinguishes robbery from theft?
Answer: The use of force or fear in taking property from a person
Robbery under PC 211 is the taking of property from a person against their will by force or fear, distinguishing it from simple theft.
The Sixth Amendment right to counsel attaches at:
Answer: The initiation of formal criminal proceedings
The Sixth Amendment right to counsel attaches at the initiation of formal judicial proceedings, such as arraignment, indictment, or preliminary hearing.