CP Criminal Law & Procedure 2

Question 1

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

Accepted Answer

Premeditation and deliberation

Answer

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:

Accepted Answer

Unconstitutional searches and seizures

Answer

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:

Accepted Answer

A felony or misdemeanor depending on circumstances

Answer

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?

Accepted Answer

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

Answer

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:

Accepted Answer

In custody and subject to interrogation

Answer

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

(CP) California Certified Paralegal Practice Test

(CP) California Certified Paralegal Practice Test

CP Criminal Law & Procedure 2