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.
CP Criminal Law & Procedure 2
Under California law, what is the primary distinction between first-degree and second-degree murder?