Chapter 16 A defendant arrested in possession of a large amount

subject Type Homework Help
subject Pages 13
subject Words 1663
subject Authors Terry M. Anderson, Thomas J. Gardner

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True / False
1. A suspect cannot be found to have been operating a motor vehicle by being behind the wheel of a car with the
keys in the ignition.
a. True
b. False
2. The Uniform Controlled Substances Act lists marijuana as a Schedule I drug with the highest abuse potential.
a. True
b. False
3. Inamajorityofstates,evena“trace”amountofanillegaldrugwillsustainaconvictionforpossessionofthatdrug.
a. True
b. False
4. All states have a uniform charge of possession of a small amount of marijuana.
a. True
b. False
5. Possession of marijuana for personal use is illegal throughout the U.S.
a. True
b. False
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6. A defendant arrested in possession of a large amount of an illegal drug may be charged with possession with intent
to deliver.
a. True
b. False
7. A person who claims to be selling cocaine, but delivers baking soda, cannot be charged with a drug crime.
a. True
b. False
8. People who illegally dispense illegal drugs will be held strictly liable in many states for a death that results from the
ingestion of such a drug.
a. True
b. False
9. Criminal liability for drug induced death requires that the state must show only that the defendant provided the
drugstothevictim,andthatthevictimdiedasaproximateresultofthedefendant’sactions.
a. True
b. False
10. Victims of drunk driving may be able to sue bars or individuals who furnished the alcoholic drinks.
a. True
b. False
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Multiple Choice
11. Which of the following is NOT generally one of the elements of the crime of possession with intent to deliver?
a. the accused possessed a large amount of an illegal drug
b. the accused possessed scales
c. the accused possessed a cellular phone
d. the accused possessed a counterfeit credit card
12. In Gonzales v. Raich, the court reasoned that the private use of marijuana might have
a. an adverse impact on federal drug laws
b. a positive impact on federal drug laws
c. an adverse impact on state drug laws
d. a positive impact on state drug laws
13. In Gonzales v. Raich, the court reasoned Congress had the power under the Commerce Clause to regulate
a. even purely intra-sate use of marijuana
b. only purely intra-sate use of marijuana
c. even purely inter-sate use of marijuana
d. only purely inter-sate use of marijuana
14. All of the following are crimes under the Uniform Controlled Substances Act EXCEPT
a. manufacture or delivery of an illegal drug
b. possession with intent to deliver an illegal drug
c. delivery or possession with intent to deliver a counterfeit substance
d. possession of alcohol by a minor
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15. Medical use of marijuana is permitted in some states. Although medical users can be prosecuted under federal
laws,
a. in 2010 the Justice Department said it would not prosecute medical users
b. in 2010 the Justice Department said it would prosecute medical users
c. in 2010 the U.S. Supreme Court said it would not prosecute medical users
d. in 2010 the U.S. Supreme Court said it would prosecute medical users
16. What is the most widely abused and misused drug in America and in many other countries?
a. alcohol
b. meth
c. marijuana
d. cocaine
17. The 2002 National Institutes of Health study surveyed drinking among the 8 million college and university students
in the United States. What percentage of students were shown to drink in binges?
a. 44%
b. 55%
c. 40%
d. 30%
18. How many alcohol-related student deaths are there each year?
a. 1,445
b. 2,545
c. 3,645
d. 4,745
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19. The federal government and all states have enacted some form of the Uniform
a. Narcotics Act
b. Illegal Drug Act
c. Dangerous Drug Act
d. Controlled Substances Act
20. The most common illegal drug charge is some form of
a. selling
b. buying
c. possession
d. trafficking
21. How many states currently have a“CompassionateUseMedicalMarijuana”statute?
a. 14
b. 19
c. 20
d. 16
22. The Uniform Controlled Substances Act divides drugs into how many schedules?
a. 3
b. 5
c. 7
d. 9
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23. A minority of states require that the defendant have possessed what minimum amount of the illegal substance to
sustain a conviction?
a. a trace amount
b. a usable amount
c. a gram
d. a bindle
24. What is the minimum amount of the illegal substance required to sustain a drug conviction by a majority of states?
a. usable amount
b. trace amount
c. any amount
d. a gram
25. In fourteen states, doctors may prescribe the personal use of what drug for pain management for people with
serious illnesses?
a. cocaine
b. marijuana
c. heroin
d. methamphetamine
26. Challengers of the Federal Controlled Substances Act alleged Congress has no constitutional authority to prohibit
the medical use of marijuana based on the
a. due process clause
b. equal protection clause
c. interstate commerce clause
d. None of these choices
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27. A defendant arrested in possession of a large amount of an illegal drug would most likely have been charged with
the offense of
a. possession of a controlled substance
b. delivery of a controlled substance
c. possession with intent to deliver
d. possession of stolen property
28. In New Jersey an individual who provides an illegal drug to another, and that person dies as a result of ingesting
the drug,
a. cannot be held liable for the death
b. may be held strictly liable for the death
c. will be found guilty of premeditated murder
d. will be charged with a misdemeanor drug offense
29. Approximately what number of people are killed every day in the United States because of driving under the
influence?
a. 50
b. 100
c. 25
d. 150
30. The National Highway Traffic Safety Administration estimates the yearly costs of drunk driving to be
a. $45 billion
b. $35 billion
c. $25 billion
d. $15 billion
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31. Which of the following is a violation of the Uniform Controlled Substances Act?
a. possession of a controlled substance
b. deliver a counterfeit substance
c. manufacture a controlled substance
d. All of these choices
32. What are the two types of possession?
a. actual and constructive
b. real and actual
c. real and constructive
d. actual and contractual
33. The“usablequantity”ruleholdsthatauselesstraceamountisnot
a. a usable amount
b. a sufficient amount
c. a chargeable amount
d. a sufficient quantity
34. Delivery of an illegal drug can be either an actual delivery, or it could be the crime of possession of a controlled
substance with
a. intent to deliver
b. sufficient amount to deliver
c. quantity of delivery
d. delivery potential
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35. What drug is particularly dangerous because it is an unpredictable killer that can cause life-threatening
complications that are not related to the dose taken, the length of use, or the manner in which the drug is taken?
a. cocaine
b. heroin
c. marijuana
d. meth
36. Laws that make people who illegally manufacture, distribute, or dispense illegal drugs strictly liable for a death that
results from the using such drugs are often called
a. Len Bias laws
b. Terrance Bianchi laws
c. Lawrence Brewer laws
d. Stephen Breyer laws
37. Which of the following may qualify as delivery of an illegal drug?
a. all of these may qualify as delivery of an illegal drug
b. possession of a controlled substance with intent to deliver
c. possession of a controlled substance with intent to sell
d. possession of a controlled substance with intent to transfer
38. British and U.S. studies of accidental deaths in the 1980s and a National Institutes of Health study in 2002
showed that alcohol has a high relationship to deaths caused by which of the following?
a. drowning
b. choking
c. burns
d. all of these answers are correct
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39. What percent of state prisoners were convicted of a violent crime while under the influence of alcohol alone?
a. 21%
b. 31%
c. 41%
d. 51%
40. Which of the following is a field sobriety test?
a. the walk-and-turn test
b. the HGB test
c. the one-leg-stand test
d. All of these choices
41. Each year, roughly ____ Americans use illegal drugs.
a. 250 million
b. 2 million
c. 5 million
d. 25 million
42. Americans spend _____ of dollars yearly for the purchase of illegal drugs.
a. thousands
b. millions
c. billions
d. trillions
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43. In 2006 the United Nations reported that _____ was the most highly abused hard drug in the world, with almost
as many addicts as cocaine and heroin combined.
a. ice
b. crank
c. poorman’scocaine
d. All of these choices
44. A person who uses illegal drugs for a specific purpose, such as to accomplish some other objective, would be
classified as a
a. "situational" drug abuser
b. “party”or“weekend”user
c. drug addict
d. None of these choices
45. A drug abuser who might use drugs for kicks or just for the experience would be classified as a
a. "situational" drug abuser
b. “party”or“weekend”user
c. drug addict
d. None of these choices
46. The abuse of prescription drugs is mainly of what kind of drug?
a. anti inflammatory drugs
b. painkillers
c. antacids
d. aspirin
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47. ______lawsgivethepolicetheauthoritytoimmediatelyseizethedriver’slicensesofpeoplewhofailorrefuse
sobriety tests.
a. "snockered and lockered"
b. "you drink, you lose"
c. "drink it and lost it"
d. “boozeitandloseit”
48. Whichofthefollowingscenariosisthedrivernot“operating”amotorvehicle?
a. Keywasintheignitionwiththedefendantsittinginthedriver’sseat.
b. Keyturnedtothe“on”or“accessory”position,butenginenotstarted.
c. Sitting behind the wheel of the parked car at intersection, motor not running, and keys in right hand.
d. Keys are not in the engine, but keys in right hand.
49. A persistent, rapid, involuntary, side-to side eye movement is called
a. narcissism
b. glaucoma
c. stigmatism
d. nystagmus
50. Civil suits against bars resulting from drunk driving accidents are permissible under
a. "shot glass" laws
b. "civil drink" laws
c. "drunk kind" laws
d. “dramshop”laws
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Sarah gives her boyfriend a ride to work, but on the way home is pulled over for speeding. During the issuance of
the ticket, the officer notices a clear plastic bag halfway under the back passenger seat. He asks what it is and
when Sarah hands it over, the officer arrests her for possession of a controlled substance with intent to sell.
51. Sarah argues the drugs are not hers, but she will nevertheless likely be charged with the offense of
a. possession of a controlled substance
b. delivery of a controlled substance
c. possession with intent to deliver
d. possession of stolen property
52. Based on the information found in the preface, the police charge Sarah based on
a. the large amount of an illegal drug found in her possession
b. their desire to clean up the streets
c. the large amount of money found in Sarah's purse
d. the fact the drugs were found in the car Sarah was driving
53. The type of possession described in the preface would most likely be deemed
a. actual
b. constructive
c. duplicative
d. real
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54. The amount of illegal drug far exceeds the minimal standard necessary to prove possession. That minimal amount
is called
a. trace
b. usable
c. sustainable
d. large
Margaret is at a friends house, toasting their graduation from high school. Margaret is getting tipsy and tired and
decides to go home. Margaret's friend protests, and asks her to stay the night, but Margaret is adamant and leaves.
Margaret weaves into the oncoming lane, forcing the car in the opposite lane to rn into the ditch. The police stop
Margaret after witnessing the incident.
55. The police notice nystagmus in Margaret's eyes, smell alcohol on her breath and decide to administer a _____.
a. drug test
b. water logged test
c. urinalysis test
d. a field sobriety test
56. Margaret stops the tests midway through and refuses to cooperate. Because of ___ laws, she immediately loses
her license.
a. "snockered and lockered"
b. "you drink, you lose"
c. "drink it and lost it"
d. “boozeitandloseit”
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57. AcivilsuitsagainstMargaret'sfriendand/ortheparents,allowedunder“dramshop”laws,isbroughtby
a. Margaret's parents
b. the prosecutor
c. the presiding judge
d. the person whose car Margaret forced off the rode
Bill left the same party as Margaret, but decided to sleep it off in the local park. The weather got cooler so he
turned his car on to keep warm. The police found him asleep in the back seat.
58. Which of the following scenarios fits the description in the preface?
a. Car running, defendant in the car.
b. Keyturnedtothe“on”or“accessory”position,butenginenotstarted.
c. Sitting behind the wheel of the parked car at intersection, motor not running, and keys in right hand.
d. Keys are not in the engine, but keys in right hand.
59. Bill argues in his trial that since he was in the back seat, it was impossible for him to be considered ___ the car.
a. operating
b. running
c. driving
d. owning
60. For Bill to have avoided prosecution for drunk driving, he would need to have
a. turned the car off
b. turned the car off and removed the key from the ignition
c. turned the car off, removed the key from the ignition, and place the keys outside of arms reach
d. Bill would have been charged with drunk driving anyway since he drove drunk to the park
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Completion
61. _______illegaldrugscanbeprovedbyshowinga“reasonableconnection”betweenthefactsofpossession,such
as the large quantity of the drug, and an intent to sell the drugs.
62. The most common criminal illegal drug charge is that of _____________ of a controlled substance.
63. Twotypesofdrugpossessionare“actual”and“___________.”
64. Anamountofanillegaldrugthatissosmallthatitisunusableisreferredtoasa“________”amount.
65. Depending upon the jurisdiction, possession of a small amount of marijuana may be charged as either a criminal or
a _________ offense.
66. In ____, the court reasoned that private use of marijuana might have an adverse impact on federal drug laws.
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67. In a number of states, a person who dispenses an illegal drug will be held ________ liable for a death that results
from ingestion of such drug.
68. Most students drink ____ or not at all, but 44 percent of students drink in binges.
69. The most widely abused and misused drug in America is _________.
70. _____ is a persistent, rapid, involuntary, side-to-side eye movement.
71. _____arefieldtestsusedtoevaluateamotorist’salcoholordrugimpairment.
72. _______ are objects that are primarily intended or designed for use with illegal drugs.
73. In contrast to a useless trace amount, a quantity of an illegal drug sufficient to be used is called a _____.
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74. ____ is possession on the person of the defendant, or within an area of his or her immediate control and reach.
75. Drugs found in the trunk of a car the defendant owned to such an extent that a strong inference of possession
could be drawn by a judge or jury is an example of _____.
Essay
76. What are the elements of the crime of possession with intent to deliver? How are these elements proved?
77. Describe the federal Uniform Controlled Substances Act and what type of conduct it forbids.
78. Identify and describe the two types of possession that may occur in drug cases. Provide an example of each.
79. WhatwastheSupremeCourt’srationaleinthecaseofGonzales v. Raich? What impact has this case had on
states’medicalmarijuanalaws?Howmightthisimpactchangeinthefuture?
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80. What elements must be proved for a charge of drug-induced death? Provide examples.
81. Discuss the statistics regarding alcohol-related deaths and college students. Explain why such a dangerous
substance as alcohol continues to be legal in the United States.
82. Explain the clash between the federal government and several states over the medical use of marijuana.
83. What are the statistics regarding alcohol-related motor vehicle deaths? What can be done to prevent people with
alcohol and drug problems from continuing to drive while under the influence?
84. Explainwhatismeantby“boozeitandloseit”laws.Whataffecthavetheselawshadinthestateswheresuch
laws have been enacted?
85. When is a person operating a vehicle considered in physical control?

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