CP Criminal Law & Procedure 5

Question 1

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

Accepted Answer

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

Answer

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

Question 2

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

Accepted Answer

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

Answer

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.

Question 3

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

Accepted Answer

At least 12 of 23 grand jurors

Answer

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

Question 4

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

Accepted Answer

Voluntary intoxication

Answer

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

Question 5

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

Accepted Answer

3 years

Answer

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

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