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True / False
1. At times, a mistake of fact can serve as a defense to criminal liability.
a. True
b. False
2. Diplomatic immunity for consular officers is not absolute.
a. True
b. False
3. In most states, duress is not a defense to a charge of murder.
a. True
b. False
4. Double jeopardy means that a person who has been acquitted by a judge or a jury may not be tried again, unless
subsequent investigation reveals evidence that proves conclusively that the defendant is guilty.
a. True
b. False
5. The prohibition against double jeopardy is found in the Sixth Amendment to the U.S. Constitution.
a. True
b. False
6. The defense of res judicata means basically that the issue has already been decided.
a. True
b. False
7. The doctrine that different governments may each file separate criminal actions for the same criminal act is the
“dualsovereignty”doctrine.
a. True
b. False
8. Shouldtheconductoflawenforcementagentsbedeemedoutrageous,itmayviolatethedefendant’srighttodue
process.
a. True
b. False
9. The U.S. Constitution states a defendant must be tried within six months of arrest.
a. True
b. False
10. The Constitution prevents the retrying of factual questions determined in a previous, related, trial.
a. True
b. False
Multiple Choice
11. Double jeopardy does not bar successive prosecutions of a defendant convicted of one offense if the subsequent
prosecution involves
a. a different or separate offense
b. retrying a person who was previously found not guilty by reason of insanity
c. a new attorney
d. a different judge
12. Foreign diplomatic officers in the United States are immune from
a. arrest
b. prosecution
c. both arrest and prosecution
d. punishment for all crimes except felonies
13. While the legislature is in session or legislators are traveling to the legislature, both the U.S. and most state
constitutions provide immunity from
a. arrest
b. prosecution
c. both arrest and prosecution
d. serving a sentence
14. Many grants of immunity come after a witness asserts their _____ Amendment privilege against self-incrimination.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
15. The two types of immunity which may be granted to a witness or suspect are
a. overt and covert
b. latent and patent
c. transactional and use
d. absolute and contingent
16. A mistake of fact can be a defense if it
a. negates the mens rea
b. is an act or omission
c. is unreasonable
d. breaks the chain of causation
17. The mistake of fact defense may not be used for which type of offense
a. felony
b. misdemeanor
c. capital
d. strict liability
18. The general rule is that ignorance of the law is
a. not a defense
b. a defense only to crimes of violence
c. is a defense
d. is a defense only in capital cases
19. The“separateoffense”rulestatesthatwherethesameactsortransactionconstitutesaviolationoftwodistinct
statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether
each provision
a. requires proof of an additional fact which the other does not
b. occurred in the same location
c. occurred at the same time
d. was a felony or misdemeanor
20. The doctrine that prevents a second determination of a charge or issue once it has been judicially determined in a
case involving the same parties is called
a. jeopardy
b. corpus delicti
c. double jeapordy
d. estoppel judicata
21. The doctrine that allows the federal and a state government to file separate criminal actions for the same criminal
act is called
a. federalism
b. dual soverignty
c. res collateral
d. bi-level solution
22. The defense that usually alleges that a law enforcement officer has planted false evidence, or has altered,
substituted, or destroyed evidence, in an effort to convict the defendant of the crime charged is known as a
a. frame-up
b. entrapment
c. collateral citation
d. jinx
23. When using the defense of duress, defendants admit they committed the crime but did so only because they
a. were ordered to do so by a superior
b. were forced to become intoxicated or drugged
c. were tricked by law enforcement
d. were threatened with death or serious bodily injury if they did not commit the crime
24. In the case of escape from prison or jail, duress or coercion
a. may never be used as a defense
b. may be a defense only in limited circumstances
c. may be a defense only if they were subjected to cruel and unusual punishment
d. may be a defense only if the defendant is innocent of the charge
25. In most states, duress is not a defense to
a. murder
b. treason
c. any crime
d. any property crime
26. Whatothernameisthe“choiceofevils”defensealsoknownas?
a. coercion defense
b. entrapment defense
c. necessity defense
d. duress defense
27. If the defendant has a reasonable alternative, and harm is not imminent, the defendant
a. may not utilize the necessity defense
b. may utilize the necessity defense
c. may utilize the necessity defense only to take the life of another
d. may utilize the necessity defense in misdemeanor, not felony cases
28. The difference between a frame-up and a set-up is that in a set-up the person doing the set-up is
a. not a law enforcement officer
b. a law enforcement officer
c. a judge
d. is not a judge
29. The defense of entrapment has two elements:
a. improper government inducement of the crime and lack of predisposition on the part of the defendant to
engage in the criminal conduct
b. improper inducement of the crime and lack of predisposition on the part of the defendant to engage in the
criminal conduct
c. improper government inducement of the crime and predisposition on the part of the defendant to engage in
the criminal conduct
d. none of these answers are correct
30. In a jury trial, jeopardy attaches once
a. the jury is sworn
b. the first witness is sworn in
c. the jury reaches a verdict
d. the judge imposes a sentence
31. In a bench or court trial, jeopardy attaches once
a. the first witness is sworn in
b. the prosecution rests their case-in-chief
c. the judge reaches a verdict
d. the judge imposes a sentence
32. The protection against double jeopardy is found in the _____ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
33. If a defendant is tried for the same offense by both the state and federal governments, this is
a. always a violation of double jeopardy
b. not a violation of double jeopardy
c. not a violation of double jeopardy if the first trial resulted in acquittal
d. a violation of double jeopardy only if the first trial resulted in acquittal
34. Double jeopardy prohibits a person from
a. being tried for an offense and then for a lesser-included offense
b. being tried by both state and federal governments for the same offense
c. being tried by two different states for the same offense
d. being tried again after the appellate court grants a new trial
35. Double jeopardy applies
a. if a mistrial occurs before jeopardy has attached
b. if one action is criminal and one civil
c. only if the defendant is convicted in the first trial
d. when the trials are for the same offense in the same court
36. A defense based on unacceptable government persuasion even though the defendant admittedly chose to commit
the crime is known as
a. entrapment
b. frame up
c. set up
d. necessity
37. The name of the test used to determine when a speedy trial violation has occurred is the
a. four-factor balancing test
b. five-factor balancing test
c. six-factor balancing test
d. seven-factor balancing test
38. The constitutional right to a speedy trial is found in the _____ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
39. The right to a speedy trial commences when a person
a. becomes the target of a criminal investigation
b. testifies before a grand jury
c. is officially charged with a crime
d. appears with counsel for trial
40. Which of the following is not one of the factors used to determine when a speedy trial violation has occurred?
a. the length of the delay
b. the reason for the delay
c. the prejudice resulting from the delay
d. None of these choices
41. In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a
party to the crime is called
a. corpus delicti
b. affirmative defense
c. entrapment
d. burden of proof
42. A(n) _____ is any defense that assumes the charges to be correct but raises other facts that present a valid excuse.
a. corpus delicti
b. affirmative defense
c. negative defense
d. burden of proof
43. The burden of proof for an affirmative defense rests upon the
a. defense
b. prosecution
c. judge
d. police
44. Under which type of immunity does the witness enjoy immunity from criminal prosecution related to the subject
matter?
a. transactional
b. use
c. diplomatic
d. legislative
45. Under ____ immunity, statements made by the witness may not be used in subsequent prosecutions.
a. transactional
b. use
c. diplomatic
d. legislative
46. Under which conditions will a defense of mistake of fact be disallowed?
a. strict liability
b. an alibi defense
c. joint severability
d. ignorance of law defense
47. A defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act is called
a. duress
b. coercion
c. compulsion
d. necessity
48. A person who forces another to commit a crime may be charged with
a. duress
b. coercion
c. compulsion
d. necessity
49. A defense to criminal prosecution on the grounds that the defendant physically could not have committed the crime is
called an ____ defense.
a. alibi
b. excuse
c. compulsion
d. necessity
50. A defense to criminal prosecution based on the statute that sets the maximum the government has to prosecute a
violation of a criminal law is called the ____.
a. statute of limitations
b. statute of expirations
c. statute of elimination
d. statute of finiteness
Ivan works for the Russian diplomatic delegation in Chicago as a part of the Russian Federation Consulate. On
Friday night, Ivan has too much to drink and is involved in an automobile accident where several people are injured.
Ivan provides identification to the the Chicago City Police, and demands to be released immediately.
51. Ivan's demand to be released immediately and not charged with any crime is based on what defense?
a. Diplomatic immunity
b. Legislative immunity
c. Witness immunity
d. International law
52. Ivan's work at the Russian Consulate in Chicago provided him with
a. limited immunity
b. absolute immunity
c. diplomatic immunity
d. full immunity
53. Ivan was arrested and charged with various criminal offenses. What argument may have given Ivan his freedom?
a. He was performing a task for the Consulate when the accident occurred.
b. Being attached to the Consulate conferred absolute immunity upon him.
c. Diplomatic immunity covers all foreign nationals.
d. His father is the Russian ambassador to the United States.
54. If in fact Ivan was the son of the Russian ambassador, what fact may have given Ivan his freedom?
a. He was under 21 years old.
b. He was 30 years old but enrolled in college.
c. Ivan has dual citizenship.
d. His visa had expired so he shouldn't be in the US anyway.
55. Based on the information in the preface, Johnny's defense would be a
a. coercion defense
b. entrapment defense
c. necessity defense
d. duress defense
56. Given the circumstances, in most states, Johnny would not be acquitted of
a. murder
b. robbery
c. public drunkenness
d. underage drinking
57. If Bill and John had threatened Johnny, rather than Johnny's sister, then which defense could Johnny claim?
a. coercion defense
b. entrapment defense
c. necessity defense
d. duress defense
Mary murdered her boyfriend, Bob, and then fled across state lines to avoid arrest. At her trial, May claimed that
she was already in the neighboring state when Bob met his untimely demise.
58. During the trial, the government calls witnesses who claim to have seen Mary at the scene of the crime. This
requirement is called
a. corpus delicti
b. affirmative defense
c. entrapment
d. burden of proof
59. On the other hand, the burden of proof for an affirmative defense rests with
a. Mary
b. prosecution
c. judge
d. police
60. A government witness testifies that she and Mary murdered Bob. In exchange for the testimony, the witness is
granted limited, or ____ immunity.
a. transactional
b. use
c. diplomatic
d. legislative
Completion
61. There are two kinds of witness immunity, transactional immunity and ____ immunity.
62. If the harm sought to be avoided by committing the crime is greater than the harm of the crime itself, the defendant
may have the defense of ____________.
63. In a jury trial, jeopardy attaches when a __________ is sworn.
64. The right against double jeopardy is found in the __________ Amendment.
65. Under the ________ sovereignty doctrine, different governments may each file separate criminal actions for the
same criminal act.
66. In a case involving an entrapment defense, the initial burden of coming forward with evidence is placed upon the
____________.
67. Asuccessfulentrapmentdefensemustestablishthegovernment’simproperinducementandthedefendant’slack
of ___________ to commit the crime.
68. At times, a ____ of fact can serve as a defense to criminal liability.
69. The constitutional requirement for a speedy trial must be complied with unless the defendant _________ that
right.
70. Failure to try a defendant within the time necessary to satisfy the speedy trial requirement may result in
___________ of the criminal charge.
71. A(n) _____ is any defense that assumes the charges to be correct but raises other facts that present a valid excuse.
72. In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a
party to the crime is called ______.
73. Under _____ immunity the witness enjoy immunity from criminal prosecution related to the subject matter.
74. A statute that sets the maximum the government has to prosecute a violation of a criminal law is called the ____.
75. The assertion that it would have been physically impossible for the defendant to have committed the crime is called
an ____.
Essay
76. Distinguish between a prosecution for the same offense or for a separate offense.
77. Compare and contrast diplomatic and legislative immunity.
78. When can a witness be granted immunity? What are the different types of immunity that can be extended to
witnesses?
79. Explain the difference between mistake of fact and mistake of law. When, if at all, can either one of them be used
as a defense to a criminal charge?
80. Explain how the defense of duress differs from a necessity defense. Give an example of each.
81. Explain the basis for an affirmative defense and the issues associated with them.
82. Explain why the Double Jeopardy Clause prohibits successive prosecutions for the same crime.
83. Describethreesituationsinwhichasecondtrialforthesameoffensewouldnotviolateadefendant’srightagainst
double jeopardy.
84. Describe the elements of the defense of entrapment and what types of police activity are not considered
entrapment.
85. What interests of defendants are protected by the right to a speedy trial? Explain the extent of this right and what
happens when it is violated.
