LAWS 19684

subject Type Homework Help
subject Pages 17
subject Words 2979
subject Authors Terry M. Anderson, Thomas J. Gardner

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Scott "too tough" Rudy finds out that his girlfriend is cheating on him with his best
friend. Scott "too tough" goes over to his best friend's house and finds his girlfriend is
there and is engaged in sexual acts with his best friend. Scott "too tough" takes out his
gun and shoots and kills both of them. Scott is arrested and charged with two counts of
murder. At his trial Scott claims he was insane at the time of the murder and is trying to
use insanity as his defense.
Scott "too tough" may be found guilty but mentally ill if all the following are found
beyond a reasonable doubt: (1)
defendant is guilty of offense; (2) defendant was mentally ill at time offense was
committed; and (3) defendant was not legally insane at time offense was committed.
This is called?
a. Guilty but mentally ill alternative verdict and plea
b. Not guilty by reason of insanity
c. Mentally ill conviction
d. Guilty but not mentally ill alternative
Corporal punishment in public schools violates the Eighth Amendment.
a. True
b. False
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The Apprendi opinion caused many changes in sentencing procedures and also resulted
in many reversals of sentences handed down by trial judges.
a. True
b. False
List three situations or conditions which will typically result in an enhanced or
increased sentence for convicted offenders.
Answer:N/A
The Claims Act makes it a crime to present a claim to the U.S. government that is false
or fraudulent.
The U.S. Supreme Court upheld the Oregon Death with Dignity Law because it
reasoned that treating a physician writing a prescription for a mercy killing as "drug
abuse" was
a. unreasonable
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b. ridiculous
c. irresponsible
d. reasonable
Which is not an example of video voyeurism and/or invasion of privacy?
a. secretly recording women taking showers
b. taping sexual encounters of women without their knowledge
c. recording women for the purpose of sexual arousal
d. watching nude dancers at an adult club
John 'steroid arms" Buff picks a fight with James "no arms" Smalls. John begins to
punch James in the face over and over again for no reason at all. James tries to fight
back and in doing so he knocks John down on the ground where John hits his head a
rock and dies. James is arrested and charged with the murder of John.
During the above altercation, there is a law that is present that encourages bystanders to
help out those who are being attacked or who are in danger, etc. This is called
a. Good bystander laws
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b. Good passerby laws
c. Good Samaritan laws
d. Good innocent person laws
Acting to overthrow one's government, or in violation of allegiance to one's is the
definition of
a. sedition
b. sabotage
c. terrorism
d. treason
Which of the following statements regarding the rules of war is FALSE?
a. President Eisenhower began the codification of these rules in 1953.
b. Combatants in a war are liable for the violation of ordinary criminal laws.
c. President Lincoln began the codification of these rules in 1864.
d. Most nations subscribe to the rules of war.
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Mary has been going through some difficult times and needs some extra money. She
works as fresh produce inspector in Florida, inspecting oranges for major growers. On
her word, thousands of tons of oranges would have to be discarded for failing to pass a
health inspection. She suggests to the owner that she could "fix" it so he need never
worry about ever failing an inspection.
On the other hand, Mary, based on the information in the preface, would be charged
with
a. extortion
b. bribery
c. fruit fraud
d. None of these choices
Linda decides she needs some furnishings for her room, but is currently out of work and
out of cash. She's maxed out on her credit cards, but in the mail a solicitation from a
credit card company arrives, addressed to Linda's roommate. Linda sees an opportunity,
goes online to apply posing as the roommate. Two weeks later, the new credit card
arrives and off goes Linda to the stores.
Given Linda's method of applying for the credit card, she may also be charged with
a. cyber crime
b. identity theft
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c. wire fraud
d. video voyeurism
Under the common law, which of the following was required for burglary?
a. breaking into a residence
b. committing the crime at night
c. intent to commit a felony
d. All of these choices
In Apprendi,the Court held that any fact that increases the penalty for the crime charged
must be submitted to the jury and proved
a. beyond a reasonable doubt
b. beyond a reasonable suspicion
c. beyond a doubt
d. by a preponderance of the evidence
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What is one advantage of using an IVTS?
a. more money is available through IVTS
b. better bank records are kept
c. no paper trail
d. it is faster than wire transfers
Which of the following is not a way one person might stalk another person?
a. spying on the victim
b. following the victim
c. e-mailing the victim
d. reading a Facebook page
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Which of the following crimes are not favored by terrorists to finance their terrorist
activities?
a. legitimate investments
b. theft
c. fraud
d. drug trafficking
Samantha went on a date with Chad, but the next morning realized she had no memory
much of the evening. She had only a few sips of the one drink she ordered, but her
memory fades soon after. She's suspicious and fears she may be a victim of a sexual
assault.
Samantha may have been a victim of
a. acquaintance rape
b. forcible rape
c. friendship rate
d. date rape
Jeremy loves music and often spends hours browsing the local music stores, looking at
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the latest releases. Jeremy is back at the music store and finds the latest release of his
favorite artist. He picks up a CD and examines each sang carefully, imagining how
great it would sound played on his advanced music system at home. He has the CD in
his hand and moves not towards the cash register, but towards the exit. Store security
stops Jeremy at the door and Jeremy is detained.
Jeremy counter argues that the taking requirement was not met because he
a. did not hide the CD but kept it in his hand
b. never left the store
c. had only absently mindedly walked to the exit
d. had always intended to purchase the CD
Crime that is created by government administrative agencies under specific authority or
guidelines granted to it by legislative bodies is called
a. administrative crime
b. statutory crime
c. common law crime
d. judicial crime
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An unnecessarily broadly written law the invades the area of protected freedoms would
be deemed unconstitutional on what grounds?
a. due process
b. bill of attainder
c. void of vagueness doctrine
d. overbreadth doctrine
The test of the adequacy of provocation in a voluntary manslaughter case is how a
reasonable person would react to the provocation.
a. True
b. False
If a victim is intentionally selected because of their race, religion, color, nationality,
etc., the defendant may be charged criminally
a. with discrimination
b. with hate crime
c. abuse
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d. with a violation of constitutional rights
CTRs can help determine whether occurred.
a. tax fraud
b. money laundering
c. both tax fraud and money laundering
d. neither tax fraud and money laundering
This occurs when one parent abducts a child without the consent of the other parent.
a. false imprisonment
b. child abduction
c. child snatching
d. hostage taking
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When it comes to prosecuting organized crime
a. there is no advantage to a federal versus state prosecution
b. state law usually offers more advantages than federal law
c. the jurisdiction that can prosecute most quickly will more likely be the best venue
d. there are advantages to a federal over a state prosecution
In Gonzalesv.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
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In 2010 Arizona passed a state statute aimed at
a. illegal immigrants
b. resident aliens
c. legal immigrants
d. minorities
Mike is the local political agitator and has been on his soap box to denounce the local
mayor of the city where he lives. He claims the mayor has stolen from the city treasury
and calls on all citizens to march on city hall. During his speech, Mike burns in effigy a
likeness of the mayor. Mike was arrested by city police and charged with inciting a riot
and slander, as well as making threats against a public official.
Cleared of all charges, Mike leaves the courtroom and makes an obscene gesture
towards the mayor. The mayor feels threatened but the courts would not view this
gesture as
a. "fighting words"
b. being in good taste
c. funny
d. nuisance speech
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Which of the following is a name given to crimes which require no specific intent?
a. general intent crimes
b. conclusive intent crimes
c. substantive intent crimes
d. reasonable intent crimes
A defendant could be convicted of pimping for prostitution by proof that the defendant
a. lived off the earnings of a person known by the defendant to be a prostitute
b. supported the defendant and knew she was a prostitute
c. lived with the defendant and knew she was a prostitute
d. was married to the defendant and knew she was a prostitute
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
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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
Mike is the local political agitator and has been on his soap box to denounce the local
mayor of the city where he lives. He claims the mayor has stolen from the city treasury
and calls on all citizens to march on city hall. During his speech, Mike burns in effigy a
likeness of the mayor. Mike was arrested by city police and charged with inciting a riot
and slander, as well as making threats against a public official.
The city claims that Mike's demand that the citizens of the city march on city hall is
tantamount to
a. inciting
b. slander
c. symbolic
d. nuisance speech
Upton takes blank stolen checks and goes to local stores with them. He begins
purchasing big ticket items, such as a large screen TV, expensive jewelry, and even a
washer and dryer machine, which he gives to his mother, by pretending to be the person
listed on the check. Before long, the authorities are knocking on Upton's door and he is
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placed under arrest.
Upton's mother would be arrested for receiving stolen goods if she
a. knew of Upton's scheme
b. did not know of Upton's scheme
c. needed a new washer and dryer
d. asked Upton to purchase her a new washer and dryer
Persons in U.S. military service are subject to military jurisdiction and the
a. Military Criminal code
b. Penal Code
c. Uniform Code of Military Justice
d. Military Penal Law
A person cannot be convicted of a conspiracy to commit a crime if the agreed objective
is not criminal.
a. True
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b. False
A strict liability offense is one without
a. motive
b. proximate cause
c. criminal intent
d. a guilty act
Joe is driving in an area of town where prostitutes are known to frequent. Before long,
he observes a woman dressed suggestively and waving at cars. He pulls over and begins
a conversation with her. They agree to a price in exchange of sexual favors. Joe is later
arrested by the police.
Joe argues on appeal that the video contained no real children, just likenesses. His
appeal would be
a. rejected, because virtual child pornography is illegal
b. rejected, because of the high quality of the video
c. rejected, because of the poor quality of the video
d. accepted, because virtual child pornography is not illegal
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Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of
this vehicle becomes very argumentative and refuses to give the officer his driver's
license. The police officer tells the driver that if he doesn't provide his driver's license
then he will be placed under arrest. The driver refuses to comply with the police
officer's orders and yells, "take me to jail then!!"
Officer Jones places this driver under arrest for no driver's license. Officer Jones uses
his Taser, Mace, and handcuffs while arresting the driver who was cooperative and not
resisting arrest. Officer Jones' use of force was?
a. Reasonable
b. Deadly force
c. Unreasonable
d. Reasonable but deadly force
In the Solem v. Helmcase, the Supreme Court held the defendant's sentence to life
without parole for passing a "no account" check was
a. a harsh, but acceptable sentence
b. a violation of procedural due process
c. a violation of the Eighth Amendment
d. an advisable sentence which would serve to deter others
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State the elements of identity theft crimes.
Answer:N/A
List the elements the prosecution must prove to obtain a RICO conviction.
Answer:N/A
When can a witness be granted immunity? What are the different types of immunity
that can be extended to witnesses?
Answer:N/A
Inflicting deadly injury as a punishment for criminal offenses is called .
page-pf14
The constitutional requirement for a speedy trial must be complied with unless the
defendant that right.
Why does the Fourth amendment apply to the use of force by a police officer? How
does the "reasonableness"
standard compare to a 'substantive due process" approach?
Answer:N/A
Explain how fighting words differ from ordinary rude language. How are the standards
different for words directed at police officers?
Answer:N/A
Because of the statutes giving many nations jurisdictions over crimes, situations could
exist in which a number of nations have jurisdiction.
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A child of 14 could be convicted if it can be shown the child had the ability and
understanding to formulate the required criminal intent.
Child is the abduction of a child by one parent without the consent of the other parent.
Explain how English common law developed. Trace the history of the common law in
the United States. Where
are most of today's laws defined?
Answer:N/A
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Under the common design rule, when people have a common plan to do an unlawful
act, whatever is done in furtherance of the common design or plan is the act of all, and
they can all be punished for that act. Explain what this means for both criminal and civil
liability. How might the impact be different for civil liability?
Answer:N/A
A person's deliberate, willful, and malicious burning of a building or personal property
is called .
Voluntary intoxication or drug use is almost the basis for the successful assertion of the
insanity defense.
Discuss the current state of the law with regard to forcing an uncooperative driver
suspected of DUI to submit to a blood test should the driver refuse to consent. What is
the reasoning of the courts that have upheld such laws?
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Answer:N/A
A joint owner " " the property of the other joint owner if he/she had no right to use or
keep the property and
doing so infringes on the rights of the joint owner.

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