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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. A witness enjoys immunity from criminal prosecution related to the subject matter in ______
immunity.
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
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46. A defense of mistake of fact will be disallowed under:
a. strict liability.
b. an alibi defense.
c. joint severability.
d. ignorance of law defense.
47. ______ is a defense to criminal prosecution on the grounds that the defendant was forced to
commit the criminal act.
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. The purpose of the Double Jeopardy Clause is:
a. to ensure that the government does not waste valuable resources retrying criminal
defendants with little chance of success.
b. to force prosecutors to make the best case possible the first time.
c. to prevent prosecutors from picking and choosing which cases they try.
d. to ensure that the government does not make repeated efforts to retry individuals
for an alleged offense after an acquittal, thereby making the individual live in a continuing state
of anxiety and insecurity.
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50. A ______ sets the maximum time the government has to prosecute a violation of a criminal
law.
a. statute of limitations
b. statute of expirations
c. statute of elimination
d. statute of finiteness
51. Ivan’s demand to be released immediately and not charged with any crime is based on:
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.
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53. Ivan was arrested and charged with various criminal offenses. He may gain his freedom by
arguing that:
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, he may gain his freedom if:
a. he was under 21 years old.
b. he was 30 years old but enrolled in college.
c. he has dual citizenship.
d. his visa had expired so he shouldn’t be in the US anyway.
Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a
liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his
trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who
threatened to assault Johnny’s sister if Johnny didn’t bring them illegal booze.
55. Johnny’s defense would be:
a. coercion.
b. entrapment.
c. necessity.
d. duress.
56. Given the circumstances, in most states, Johnny would not be acquitted of:
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a. murder.
b. robbery.
c. public drunkenness.
d. underage drinking.
57. If Bill and John had threatened Johnny, rather than Johnny’s sister, then Johnny could claim
the ______ defense.
a. coercion
b. entrapment
c. necessity
d. duress
Mary murdered her boyfriend, Bob, and then fled across state lines to avoid arrest. At her trial,
Mary 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. the prosecution.
c. the judge.
d. the police.
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60. A government witness testifies that she and Mary murdered Bob. In exchange for the
testimony, the witness is assured that she will not be prosecuted for the murder; this is an
example of ____ immunity.
a. transactional
b. use
c. diplomatic
d. legislative
Completion
61. The two kinds of witness immunity are 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.
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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 ______ has the initial burden of coming
forward with evidence.
67. A successful entrapment defense must establish the government’s improper inducement and
the defendant’s lack 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.
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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) _____ defense 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 enjoys immunity from criminal prosecution related to the
subject matter.
74. A statute that sets the maximum time the government has to prosecute a violation of a
criminal law is called the ____.
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75. Samuel was tried in federal court and acquitted on the charge of robbing a federally insured
bank. He was then convicted in state court for the same offense. The second conviction:
a. violates the Fifth Amendment because he was tried twice for the same offense.
b. violates the Fifth Amendment because he can only be convicted on the second
prosecution if he was convicted on the first.
c. does not violate the Fifth Amendment because he was convicted by different
jurisdictions.
Essay
76. Distinguish between a prosecution for the same offense or for a separate offense.
77. Compare and contrast diplomatic and legislative immunity.
78. Explain when a witness can be granted immunity and the different types of immunity that
can be extended to witnesses.
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79. Explain the difference between mistake of fact and mistake of law and when either one of
them can be used as a defense to a criminal charge, if at all.
80. Explain how the defense of duress differs from a necessity defense. Give an example of each.
81. Explain the basis for affirmative defenses and the issues associated with them.
82. Explain why the Double Jeopardy Clause prohibits successive prosecutions for the same
crime.
83. Describe three situations in which a second trial for the same offense would not violate a
defendant’s right against double jeopardy.
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84. Describe the elements of the defense of entrapment and the types of police activity that are
not considered entrapment.
85. Explain the right to a speedy trial and the consequences of violating the speedy trial rule.
Describe the interests of the criminal defendant that are protected by this right.