Practice Test Geeks(CP) California Certified Paralegal Practice Test
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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

  1. Under California law, which of the following best describes the crime of burglary in the first degree (PC 459)?

    Answer: Entering an inhabited dwelling with intent to commit a felony or theft

    First-degree burglary under California PC 460 requires entering an inhabited dwelling house or residence with intent to commit a felony or theft.

  2. The 'corpus delicti' rule in California criminal law requires:

    Answer: The defendant's confession to be corroborated by independent evidence of the crime

    The corpus delicti rule requires independent evidence that a crime occurred before a defendant's out-of-court confession can be used to prove guilt.

  3. A California grand jury indictment requires a finding of probable cause by how many grand jurors?

    Answer: At least 12 of 23 grand jurors

    In California, a grand jury consists of 23 members and requires at least 12 to concur in an indictment.

  4. Under California law, which defense negates the mental state element of a specific intent crime?

    Answer: Voluntary intoxication

    Voluntary intoxication may be raised as a defense to negate the specific intent required for certain crimes, though it is not a complete defense.

  5. In California, what is the statute of limitations for most felony offenses?

    Answer: 3 years

    Under California Penal Code Section 801, the statute of limitations for most felonies is 3 years from the date the offense was committed.

  6. The Double Jeopardy Clause of the Fifth Amendment protects a defendant from:

    Answer: Being tried again for the same offense after acquittal or conviction

    The Double Jeopardy Clause bars retrial for the same offense after jeopardy has attached and the case has concluded by acquittal or conviction.

  7. Which California sentencing concept allows a judge to choose between prison commitments based on a low, mid, or high term?

    Answer: Determinate sentencing

    California's Determinate Sentencing Law (DSL) provides three possible prison terms for most felonies — low, middle, and upper — and the judge selects one based on aggravating and mitigating factors.