FREE California POST RBC 1 Questions and Answers

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To tell a crime from an accident or mistake of fact, there must be criminal intent.

Correct! Wrong!

Explanation:
Criminal intent or a designated state of mind is necessary to distinguish a crime from an accident or mistake of fact. The prosecution must prove that the accused had a certain level of intention or knowledge of wrongdoing at the time of committing the act in order to establish criminal liability. The level of intent required can vary depending on the specific crime and the jurisdiction, ranging from intentional or knowing conduct to recklessness or criminal negligence.

Reasonable suspicion can be based on observation, personal training, experience, and information from eyewitnesses, victims, other officers, or circumstances.

Contributing factors:
Time a day, location of the stop, Officer training, and experience.

Correct! Wrong!

Explanation:
Reasonable suspicion is a legal standard used in the United States to justify a police officer's stop, search, or seizure of a person when the officer has a reasonable belief based on specific and articulable facts and the rational inferences drawn from those facts, that criminal activity is occurring, has occurred, or is about to happen. Contributing factors to reasonable suspicion can include observations made by the officer, personal training and experience, information provided by eyewitnesses or victims, information from other officers, or contextual circumstances. Factors such as the time of day, location of the stop, and the officer's training and experience may also contribute to a finding of reasonable suspicion.

Children under 14
Mentally incapacitated, and persons who commit the act of omission
- under ignorance or mistake of fact
- without being conscious of the act
- through misfortune or accident
- under threat or menace

Correct! Wrong!

Explanation:
These are categories of people who may not be held legally responsible for their actions in certain circumstances.

1. You can't have too many vails and fines
2. The crime must be taken into account when setting a punishment.

Correct! Wrong!

Explanation:
The two statements are related to the Eighth Amendment of the United States Constitution, which prohibits excessive bail and fines and cruel and unusual punishments. The first statement highlights the importance of avoiding excessive penalties and bail, while the second statement emphasizes that the sentence should be proportionate to the crime committed.

All people who commit crimes in California, in whole or in part. All people who commit a crime outside of California that, if done in California, would be theft, carjacking, robbery, or embezzlement and bring or are found with any of the stolen or embezzled property in California. All people who live outside of California and cause, help, advise, or encourage someone else to commit a crime in California are then found in California. All people who lie outside of the state in the ways listed in section 118 of the Penal Code.

Correct! Wrong!

Explanation:
All persons who commit, in whole or in part, any crime within California. All persons who commit any offense outside California which, if committed inside California, would be theft, carjacking, robbery, or embezzlement and bring or are found with any portion of the stolen or embezzled property in California. All persons outside California who cause, aid, advise, or encourage another person to commit a crime within California are afterward found in California. All persons who commit perjury outside the state to the extent identified in Penal Code section 118.

-Name of the defendant
-Crime, the defendant, is suspected of committing
-Time the warrant is issued
-City or county where the warrant is issued
-Signature of the issuing authority with the title of office
-Name of the court or other issuing agency
-Amount of bail

Correct! Wrong!

1. Unreasonable searches and seizures are not allowed
2. Search and arrest warrants must show probable cause and must specifically identify items or individuals to be searched or seized.

Correct! Wrong!

Explanation:
Amendment IV of the United States Constitution prohibits unreasonable searches and seizures and requires search and arrest warrants to be based on probable cause and to specifically identify the things to be searched or seized.

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