Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
Which of the following is probably a case of incest?
A) Non-consensual intercourse with a girl under age 18
B) Consensual intercourse between a man and his adult daughter
C) Consensual intercourse between a woman and her 10-year-old nephew
D) none of the above
E) both B and C
Which of the following is/are true concerning mail fraud?
A) It involves virtually every type of fraud, provided the offer is transmitted through the
mail.
B) Mail fraud statutes apply to e-mail as well.
C) Prosecutors sometimes tack on a mail fraud charge as leverage in larger criminal
proceedings.
D) Mail fraud penalties range up to $1,000,000 and 30 years in prison.
E) A, C, and D.
Which of the following is an unacceptable method of execution?
A) electrocution
B) drawing and quartering
C) lethal gas
D) firing squad
E) lethal injection
Under federal law, each of the following may be contempt except:
A) misbehavior by the jurors during the court session.
B) disobedience or resistance to its lawful writ, process, order, rule, decree, or
command.
C) misbehavior of any of the court's officers in their official transactions.
D) misbehavior of any person in a court's presence or so near thereto as to obstruct the
administration of justice.
E) A defense attorney filing an objection.
The Confrontation Clause requires that:
A) the defense be able to cross-examine all witnesses the prosecution puts on the stand.
B) the prosecution make available the technician who completed any DNA or forensic
analysis report for cross-examination.
C) the defense has the right to cross-examine the prosecutor personally to uncover any
prosecutorial misconduct.
D) the defense may dismiss jurors for cause.
E) A and B.
Which of the following is NOT true about armed robbery?
a. The federal mandatory minimum sentence for armed robbery is five years.
b. The federal mandatory minimum sentence for armed robbery when the gun is
brandished is seven years.
c. The federal mandatory minimum sentence for armed robbery when a gun is
discharged is ten years.
d. If an armed robber wounds someone in the course of a robbery, he must be sentenced
to life in prison.
e. Carrying a weapon during an armed robbery is proof of intent.
Jack and Jill are computer experts who have come up with a way to break into their
college registrar's office via the Internet. They discuss which grades they will change
once they launch their cyber attack. Jill's stepbrother overhears the conversation and
calls a friend at the local police department. Just as Jack and Jill enter the code that will
allow them onto the registrar's server from their computer in the family room, police
offices storm their quiet suburban home and yell, "Freeze. Drop that mouse." They
comply. What are the likely charges?
A) Breaking and entering
B) Conspiracy to commit grade inflation
C) Conspiracy to commit computer crime
D) none of the above
E) B and C
Which of the following is true concerning kidnapping and abduction?
a. They are two names for the same crime.
b. Kidnapping involves a request for ransom and abduction does not.
c. Abduction refers only to removal of children by non-custodial parents.
d. Kidnapping is the crime of taking and detaining a person against his will by force,
intimidation, or fraud.
e. Alien abductions are prosecuted in intergalactic courts.
Which of the following are exceptions to Mirandizing a suspect?
A) statements the suspect volunteers including confessions
B) routine questions such as age, name, address, etc.
C) questions asked in the interest of public safety
D) undercover officers
E) all of the above
Which of the following is true of the Military Tribunals Act of 2009?
A) All enemy combatants will be tried in federal courts.
B) Military tribunals must use federal court rules of evidence.
C) All enemy combatants are to be set free or returned to their native countries resulting
in the closing of Guantanamo Bay's detention center.
D) The Act creates a presumption against admitting testimony obtained through torture.
E) The Act permits waterboarding of witnesses to obtain testimony.
Under Oregon's Death with Dignity Act, which of the following would constitute a
legally assisted suicide?
A) A husband who is not a doctor shoots and kills his terminally ill wife.
B) A medical doctor pushes a terminally ill person off the roof of a tall building.
C) After obtaining statements from two doctors attesting that a man had less than six
months to live, that he has freely chosen to die, and he is able to make critical health
decisions, a doctor provides the man with sufficient pills to end his life.
D) After obtaining statements from two doctors attesting that a man had less than six
months to live, that he has freely chosen to die, and he is able to make critical health
decisions, doctors stop providing any medical care.
E) None of the above.
You respond to a "work from home" online ad. Under your work arrangement, your
employer remotely operates your computer and pays you for the computer time. You
think it's a great gig until the FBI comes to your door and asks to see your computer's
hard drive. Your best defense is:
A) Explain that you are merely working a part-time job and have no criminal intent, but
you will cooperate fully with the investigation as long as you have your attorney to
advise you.
B) Tell the FBI to go away and come back when they have a warrant.
C) Lie and say you don"t have a computer.
D) Tell the FBI that you really are a Nigerian prince with millions of dollars to move to
the U.S. so you aren"t lying to all those people.
E) all of the above
A crime where the penalty is less than a year in prison is most likely:
A) a major crime.
B) a felony.
C) a misdemeanor or summary offense.
D) a misdemeanor or a felony.
E) a capital offense.
You are investigating a crime. You discover that Joe Smith poured gasoline on the
corner of his neighbor's barn while the neighbor was inside, and lit it. The neighbor's
son saw the flames and doused them before they engulfed the barn. No one was injured.
Your investigation also reveals that Joe Smith and his neighbor had recently argued.
With what crime can you charge Joe Smith?
a. No crime because there was no harm.
b. Property arson because no people were harmed only property.
c. Attempted property arson
d. Attempted violent arson because he intended to hurt his neighbor.
e. Violent arson because he intended to hurt his neighbor and setting the fire is the act of
arson.
The right to a public and speedy trial is promised in which Constitutional Amendment?
A) Fourth
B) Fifth
C) Sixth
D) Seventh
E) Eighth
Which is not an element of sedition?
A) Conspiracy, which is an agreement between two or more persons to engage in a
criminal act
B) Communicating a call to arms through any means of communications
C) Acting to prevent, delay or hinder the execution of the law
D) Intent to overthrow the government of the United States
E) Using force to oppose the authority of the United States
The Constitution's ban on cruel and unusual punishments is based on the Magna Carta.
Military tribunals:
A) are a post 9/11 innovation.
B) were used by President Lincoln during the Civil War.
C) were used during World War II.
D) have been ruled unconstitutional by the Supreme Court.
E) both B and C
The crime of theft requires:
A) the taking and carrying away of personal property.
B) that the personal property belongs to another.
C) the intent to permanently deprive the true owner of personal property.
D) none of the above
E) A, B, and C
A law enforcement officer observes a driver weaving in and out of traffic, pulls him
over, and subsequently smells alcohol on his breath and hears his slurred speech. At this
point, the officer can charge him with:
A) driving under the influence or similar laws.
B) drunk driving per se.
C) both A and B.
D) implied consent.
E) disorderly conduct.
In a case in South Carolina dealing with pregnant women and drug abuse, the Supreme
Court ruled that:
A) suspects in custody who voluntarily submit to a lie detector test have given up their
right against self-incrimination, and their results are admissible at trial.
B) DNA evidence is always admissible due to its high rate of reliability.
C) consensual fingerprinting of children with criminal records expunged by the courts
are not admissible at trial.
D) consensual blood tests violate the Fifth Amendment's prohibition against
unreasonable searches.
E) non-consensual urine tests violate the Fifth Amendment's prohibition against
unreasonable searches.
Which of the following is or are true concerning those convicted of possessing child
pornography?
A) Convicts must register as sex offenders.
B) Convicts lose the right to own a computer for the rest of their lives.
C) Convicts risk being classified as sexually dangerous by "clear and convincing"
evidence.
D) Convicts risk being classified as sexually dangerous by "proof beyond a reasonable
doubt.
E) A and C only.
Which of the following sets of crimes may be punishable by death?
A) treason, murder and espionage
B) rape, murder and kidnapping
C) murder, treason and rape
D) any three felony convictions under "three strikes and you"re out" legislation
E) felony murder, robbery and conspiracy
Which is not a characteristic of a Schedule One drug?
A) The drug or other substance has a high potential for abuse.
B) The drug or other substance has an accepted medical use.
C) The drug or other substance has no accepted medical use.
D) There is a lack of accepted safety for use of the drug or other substance under
medical supervision.
E) both A and B
Which is not a feature of the PATRIOT Act of 2001?
A) Aliens may be detained for up to 7 days without being charged with any crime.
B) A 40-year statute of limitations is set for acts of domestic or international terror.
C) "Roving wiretaps" can be obtained to follow the person whose conversations are
sought, rather than being linked to a specific phone only.
D) Prohibition against harboring any person knowing or having reasonable grounds to
believe that such person has committed or is about to commit a terrorism offence.
E) Subpoenas can allow law enforcement to seize voicemail and electronic
communications.
Which is not an insanity defense?
A) M'Naghten Rule
B) Guilty but Mentally Ill Rule
C) Heat of Passion Rule
D) Durham Test
E) Irresistible Impulse Rule
There is one standard for the insanity defense in all 50 states and the District of
Columbia.
Ten years after she was violently assaulted, Judy passes away from a blood infection
acquired while receiving follow-up care for pain associated with the assault. Judy also
suffered from ovarian cancer and was undergoing chemotherapy for the cancer at the
time she died. You represent the original assailant, who has now been charged with
murder. What is your best argument for dropping the charges?
A) Medical malpractice was the proximate cause of Judy's death.
B) Judy's ovarian cancer was an intervening cause that killed her.
C) No one could have foreseen that an assault victim would die from follow-up
treatment a decade later.
D) None of the above. Defendants are always responsible for the consequences of their
actions, no matter how much time has passed.
E) A and B
What might a magistrate ask for, if a police officer is seeking a search warrant based on
information provided by an informant?
A) the informant's name and address
B) other evidence corroborating the informant's information
C) nothing, since magistrates tend to take the police at their word when issuing search
warrants
D) whether the officers have used the informant in the past, and whether the informant's
information has been reliable
E) B and D
Which of the following examples would be violation of the right to be free from
unreasonable searches and seizures?
A) A police officer is searching an office computer owned by an accounting firm for
kiddie porn. He does not have a warrant, but he has permission from the president of
the accounting firm to do so.
B) A police officer bags a severed bloody finger that she found in your basement after
obtaining a warrant to search your home as part of a murder investigation in which you
are the prime suspect.
C) A police officer enters Apartment B with a valid warrant in search of an escaped
convict who may be hiding there.
D) A thermal imaging device is aimed at a home by police officers who could not
convince a judge to sign a warrant, as they try to detect heat lamps used to grow
marijuana.
E) A police officer pulls over a speeding vehicle and notices that the driver has a bag of
cocaine sitting on his dashboard. The officer arrests the driver on a drug charge.
A person is convicted of a crime and appeals. If the Appeals Court agrees with the
convicted person, what possible actions could it take?
A) The Appeals Court could order a new trial.
B) The Appeals Court could order the person released and bar a new trial, because
under the circumstances a new trial would constitute double jeopardy.
C) The Appeals Court always orders a new trial when it agrees with the convict's
appeal.
D) The Appeals Court always orders the person released and bars a new trial when it
agrees with the convict's appeal
E) either A or B
District Attorneys use a nol pros motion when they drop charges against an individual.
Stare decisis requires judges to follow the precedent set in an earlier similar case.
The _____________ defense may be used when a defendant honestly believes
something to be true when it isn"t.
What are the advantages or disadvantages of sequestration for the prosecution? For the
defense?
Written rules that allow a society to operate are its laws.
___________________ is the use of force to protect oneself from death or imminent
bodily harm at the hands of an aggressor.
Define ex post facto law and explain the reasoning for its prohibition.
A defendant accused of statutory rape can assert the __________ defense if he believed
the victim to be older than she was.
_____________ is the main federal law that enables the government to prosecute
individuals and organizations for a pattern of criminal activity.
A ________________ is a group of men and women selected from the community to
determine the truth.
Willful acts are _________ -degree offenses.
In cases where defendants were convicted without DNA evidence, should the courts
always honor requests for DNA analysis from appealing convicts?
Different theories of law are called jurisprudence derivatives.
Sexual relations between close relatives constitutes the crime of _________.
What are some reasons a potential juror can be excused for cause?
Treaties are not a source of American law.
The terms tortfeasor and criminal are interchangeable.
