CP Criminal Law & Procedure 2 — Questions and Answers
Question 1: Under California law, what is the primary distinction between first-degree and second-degree murder?
- The weapon used in the killing
- Premeditation and deliberation (Correct answer)
- The victim's identity
- Whether bail is granted
Correct answer: Premeditation and deliberation
First-degree murder requires willful, deliberate, and premeditated killing, while second-degree murder is any other intentional killing.
Question 2: The exclusionary rule established in Mapp v. Ohio applies to evidence obtained through:
- Consensual searches
- Unconstitutional searches and seizures (Correct answer)
- Border inspections
- Administrative searches
Correct answer: Unconstitutional searches and seizures
Mapp v. Ohio extended the exclusionary rule to state courts, prohibiting use of evidence obtained through Fourth Amendment violations.
Question 3: In California, a 'wobbler' offense is one that can be charged as:
- A felony or misdemeanor depending on circumstances (Correct answer)
- A federal or state crime
- A violent or non-violent offense
- A completed or attempted crime
Correct 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.
Question 4: What is the purpose of a preliminary hearing in California criminal proceedings?
- To determine the defendant's guilt or innocence
- To determine if probable cause exists to hold the defendant for trial (Correct answer)
- To set bail for the defendant
- To arraign the defendant on the charges
Correct 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.
Question 5: Under Miranda v. Arizona, warnings must be given when a suspect is:
- Stopped for questioning on the street
- Arrested and interrogated at the scene
- In custody and subject to interrogation (Correct answer)
- Subpoenaed to testify before a grand jury
Correct 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.
Question 6: California Penal Code Section 187 defines murder as the unlawful killing of a human being with:
- Specific intent to kill
- Malice aforethought (Correct answer)
- Premeditation and deliberation
- Extreme recklessness
Correct answer: Malice aforethought
California defines murder as the unlawful killing of a human being or fetus with malice aforethought under PC 187.
Question 7: The 'fruit of the poisonous tree' doctrine extends the exclusionary rule to:
- Evidence found only at the crime scene
- Evidence derived from an initial constitutional violation (Correct answer)
- Testimony given under oath
- Physical evidence found during a consent search
Correct 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.
