Copyright Cengage Learning. Powered by Cognero.
Page 1
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 US
Constitution.
Copyright Cengage Learning. Powered by Cognero.
Page 2
a. True
b. False
6. The purpose of the Double Jeopardy Clause is to ensure that the government does not waste
valuable resources retrying criminal defendants with little chance of success.
a. True
b. False
7. The doctrine that different governments may each file separate criminal actions for the same
criminal act is the “dual sovereignty” doctrine.
a. True
b. False
8. Should the conduct of law enforcement agents be deemed outrageous, it may violate the
defendant’s right to due process.
a. True
b. False
9. The US Constitution states a defendant must be tried within six months of arrest.
a. True
b. False
Copyright Cengage Learning. Powered by Cognero.
Page 3
10. The purpose of the Double Jeopardy Clause is 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.
a. True
b. False
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.
Copyright Cengage Learning. Powered by Cognero.
Page 4
13. While the legislature is in session or legislators are traveling to the legislature, both the US
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 his or her _____ 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.
Copyright Cengage Learning. Powered by Cognero.
Page 5
17. Mistake of fact may not be used as a defense for a ______ 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 “separate offense” rule states that where the same acts or transaction constitutes a
violation of two distinct 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.
Copyright Cengage Learning. Powered by Cognero.
Page 6
b. corpus delicti.
c. double jeopardy.
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 sovereignty.
c. res collateral.
d. bi-level solution.
22. ______ is the defense that alleges that a law enforcement officer has improperly induced the
defendant to commit the crime when the defendant was not predisposed to engage in the criminal
conduct.
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 were:
a. ordered to do so by a superior.
b. forced to become intoxicated or drugged.
c. tricked by law enforcement.
d. threatened with death or serious bodily injury if they did not commit the crime.
Copyright Cengage Learning. Powered by Cognero.
Page 7
24. In the case of escape from prison or jail, duress or coercion may:
a. never be used as a defense.
b. be a defense only in limited circumstances.
c. be a defense only if the defendant was subjected to cruel and unusual punishment.
d. 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. The “choice of evils” defense is also known as the ______ defense.
a. coercion
b. entrapment
c. necessity
d. duress
27. If the defendant has a reasonable alternative, and harm is not imminent, the defendant may:
a. not utilize the necessity defense.
b. utilize the necessity defense.
c. utilize the necessity defense only to take the life of another.
d. utilize the necessity defense in misdemeanor, not felony cases.
Copyright Cengage Learning. Powered by Cognero.
Page 8
28. Where the same acts or transaction constitutes a violation of two distinct statutory provisions,
the test to be applied to determine whether there are two offenses or only one is whether:
a. the acts occurred at the same time.
b. each provision requires proof of an additional fact which the other does not.
c. the acts occurred sequentially in time.
d. one crime is a lesser-included offense of the other.
29. The elements of the defense of entrapment are:
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. All of these choices.
30. In a jury trial, jeopardy attaches once the:
a. jury is sworn.
b. first witness is sworn in.
c. jury reaches a verdict.
d. judge imposes a sentence.
31. In a bench or court trial, jeopardy attaches once the:
Copyright Cengage Learning. Powered by Cognero.
Page 9
a. first witness is sworn in.
b. prosecution rests its case-in-chief.
c. judge reaches a verdict.
d. 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 being tried:
a. for an offense and then for a lesser-included offense.
b. by both state and federal governments for the same offense.
c. by two different states for the same offense.
d. again after the appellate court grants a new trial.
Copyright Cengage Learning. Powered by Cognero.
Page 10
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. ______ is a defense based on unacceptable government persuasion even though the
defendant admittedly chose to commit the crime.
a. Entrapment
b. Frame up
c. Set up
d. Necessity
37. The ________ test is used to determine when a speedy trial violation has occurred.
a. four-factor balancing
b. five-factor balancing
c. six-factor balancing
d. seven-factor balancing
38. The constitutional right to a speedy trial is found in the _____ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth
Copyright Cengage Learning. Powered by Cognero.
Page 11
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. A factor not used to determine when a speedy trial violation has occurred is:
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.