CRIM 48814

subject Type Homework Help
subject Pages 13
subject Words 2067
subject Authors Terry M. Anderson, Thomas J. Gardner

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page-pf1
The purpose of civil contempt is to
a. punish the defendant
b. compel the defendant to carry out the court's order
c. allow the defendant to challenge the court's order
d. rehabilitate the defendant
Mickey joins a guerilla band fighting the governemnt in some far away country. While
in leading a squad of insurgents, he orders the death of every inhabitant of a small
hamlet reportedly friendly to the government. Mickey is eventually captured and
extradited to the Hague to face trial.
Since some of those under Mickey's command carried out the extermination of the
villagers because of their ethnicity, Mickey would specifically be charged with
a. government crimes
b. crimes against peace
c. crimes against humanity
d. traditional war crimes
The Federal Sentencing Guidelines are
page-pf2
a. no longer mandatory
b. no longer discretionary
c. no longer applicable
d. no longer fair
. 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.
The type of possession described in the preface would most likely be deemed
a. actual
b. constructive c. duplicative d. real
An individual may not be held in contempt unless it can be shown that
a. the person was warned after the first occurrence
b. the judge personally witnessed the wrongdoing
c. the judge provided the person an opportunity to apologize
page-pf3
d. the person acted with some sort of wrongful intent
What federal act forbids the use of federal military forces to enforce civilian laws
unless there is other constitutional or congressional authorization?
a. Martial Law
b. Military Law
c. Posse Comitatus
d. Martial Jurisdiction
A fraudulent scheme that uses interstate or international wire or other electronic
communications is the definition of
a. mail fraud act
b. bank fraud act
c. wire fraud act
d. interstate fraud
page-pf4
Stalking is a crime
a. if the stalker actually harms the victim
b. if the stalker attempts to harm the victim
c. even if the stalker does not attempt to harm the victim
d. if the victim can identify the stalker
Creating a false document, or altering an existing document, is the essence of
a. forgery
b. uttering
c. counterfeiting
d. fraudulent procurement
page-pf5
The economic cost of white collar crimes is
a. enormous
b. slight
c. the same as many other crimes
d. less than many other crimes
A defendant found guilty but mentally ill may still be given a sentence that could have
been ordered for a conviction on the crime charged.
a. True
b. False
Often times, defendants attempt to defeat the intent to steal requirement by contending
that they intended only to the property.
a. borrow
b. safeguard
c. return d. sell
page-pf6
Congress was required to clearly define the acts that constituted terrorism and
condemned under the conventions because of the
a. void limitation on statutes
b. definition limitation on statutes
c. vagueness limitation on statutes
d. discreet
Summary contempt convictions require that the contempt
a. occurred in the presence of the judge
b. occurred in the courtroom
c. occurred during a trial
d. occurred in the presence of a courtroom actor
page-pf7
Which of the following are factors to consider when determining criminal capacity for
children?
a. the nature of the crime
b. the child's age and maturity
c. whether the child evidenced a desire for secrecy
d. all of these are factors to consider
Which of the following is NOT characteristic of career-criminal programs?
a. longer sentences
b. encourages plea bargaining
c. speeds up prosecution of the defendant
d. development of special units within law enforcement agencies
For crimes in which a harm has occurred, the state must prove
a. the harm to the victim occurred immediately
b. the defendant's act was the ordinary and proximate cause of the harm
page-pf8
c. both that harm to the victim occurred immediately, and that the defendant's act was
the ordinary and proximate cause of the harm
d. neither that harm to the victim occurred immediately, nor that the defendant's act was
the ordinary and proximate cause of the harm
Police power is the inherent power of the federal government, subject to constitutional
limits, to enact criminal laws.
a. True
b. False
Federal enclaves are federally owned and controlled lands.
a. True
b. False
page-pf9
The Florida 'stand your ground" law creates a presumption that a homeowner has a
reasonable fear of imminent peril or death whenever another person unlawfully and
a. forcefully enters the dwelling
b. illegally enters the dwelling
c. willingly enters the dwelling
d. readily enters the dwelling
A person who traffics in stolen property is called a
a. fence
b. post
c. ditch
d. receiver
The purpose of solicitation, conspiracy, and attempt statutes is to
a. prevent serious harm before it occurs
page-pfa
b. prevent persons from aiding the criminal after completion of the crime
c. obtain the cooperation of material witnesses
d. prevent criminals from escaping
Many states have codified some version of the common law rules on children's criminal
capacity, though they vary on the age limits adopted.
a. True
b. False
The term mens rea refers to the harm caused by the defendant's forbidden act.
a. True
b. False
page-pfb
John waits outside the bank for his next victim, in this case an elderly man who had just
cashed his Social Security check. John hits the man with a club, and the man crumbles
in a pile onto the ground. John quickly goes through his pockets and takes the money
from the old man's pocket. Later, the man identifies John in a police line-up as his
assailant.
The judge agrees with the prosecution's claim about the club used by John and so John
is charged with
a. robbery
b. strong-arm robbery
c. aggravated robbery
d. defiant trespass
A wire fraud scheme is defined to include a scheme to deprive another of the intangible
right of
a. honest services
b. honest broker
c. legitimate commerce
d. honest expectations
page-pfc
Bill, who was forced to swallow chewing tobacco as punishment for chewing it in the
boys bathroom at high school, gets very angry thinking about the incident. He decides
to confront the school's principal after a few days, and the discussion gets very heated.
During the course of confrontation, Bill strikes the principal with his fist, resulting in
the death of the principal. Bill is arrested and now stands trial for murder.
Bill's defense attorney calls the school psychiatrist, who testifies that Bill is clinically
insane. What is the effect of this information on the case?
a. Bill will be sentenced to a maximum of twenty years in prison.
b. Bill will not face the death penalty
c. Bill will immediately be released.
d. The judge will immediatley declare a mistrial.
The Sixth Amendment requires that a jury must make factual findings for the purpose
of
a. enhancing a sentence
b. putting a guilty defendant to death
c. a downward departure
d. a reduced sentence
page-pfd
Fawn purchases a gun for protection, even a local ordinance forbids the possession of
firearms within city limits. While in her home, the police arrive on an unrelated matter
and notice the hand gun on Fawn's coffee table. The police subsequently arrest Fawn
for violation of the city's gun control laws.
Fawn admits to taking the gun with her to do her shopping, in violation of the city's ban
on guns. Which of the following statements is most accurate?
a. The city has no right to prevent Fawn from taking her gun to the stores.
b. The city can require Fawn to obtain a permit for owning a gun.
c. The city can require Fawn to obtain a permit to carry a concealed handgun when she
shops.
d. The city has no ability to prevent Fawn from taking her gun to school.
Defamation is the communication of false statements that
a. cause another to commit a breach of the peace
b. pose a clear and present danger
c. are patently offensive
d. damage the reputation of another
page-pfe
Lance acts as a carrier for those who wish to send money in support of known terrorist
organizations. He is a bright-eyed young man who never arouses the suspicion of
Customs agents. One time, Lance became ill midway through his route and sent
deposited the money into an account, where it was then moved to a second account, this
one held by the terrorist group.
When Lance got sick and ended his route, he decided to move the funds via a
a. courier system
b. wire transfer
c. informal value-transfer system
d. Web-page transfer
A clear and present danger is the possibility that some speech or conduct will bring
harm to people or property .
Define "federal enclaves" and explain the effect of the Assimilative Crimes Act on the
issue of jurisdiction.
Answer:N/A
page-pff
What are aggravating and mitigating factors as they relate to the death penalty statutes?
Give three examples of each type of factor.
Answer:N/A
The program provides new identities and relocation for witnesses and their families in
both state and federal criminal prosecutions of organized
crime.
Discuss how different state courts have addressed when a purse snatching or a
pickpocketing constitutes a robbery.
Answer:N/A
Violation of a restraining order can subject the violator to a charge.
page-pf10
are objects that are primarily intended or designed for use with illegal drugs.
What is the "castle doctrine?" Describe the history of the "castle doctrine."
Answer:N/A
Explain the purpose of the offense of obstruction of justice. Provide examples of how
this crime may be committed.
Answer:N/A
Death penalty statutes allow the jury to impose a sentence other than the death penalty
if they find a circumstance.
page-pf11
What types of federal and state criminal laws exist under which terrorists may be
charged?
Answer:N/A
Intentionally placing or attempting to place another in fear of immediate serious
physical injury is called
To reduce murder to manslaughter, courts generally hold that what four requirements be
met?
Answer:N/A
Describe some of the criminal offenses that can be charged for immigration offenses
and their maximum punishments.
page-pf12
Answer:N/A
The Antiterrorism and Effective Penalty Act makes it a crime to aid a terrorist
organization in the U.S.
Discuss the requirement for federal jurisdiction to be possible under the RICO statute.
Answer:N/A
The United States claims jurisdiction extending nautical miles beyond its shores.
What is the 1878 Posse Comitatus Act? How does it limit the use of military troops in
civil law enforcement?
Answer:N/A

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