The Apprendiopinion caused many changes in
a. sentencing procedures
b. jury procedures
c. misdemeanor trial procedures
d. wording of three strikes laws
The grand jury system makes prosecution in federal courts advantageous.
a. True
b. False
If force in making arrests should be necessary because of resistance or an attempt to
escape, the officer may use only such force as is reasonably believed necessary to
achieve all of the following except
a. detain the offender, make the arrest, and conduct lawful searches
b. overcome any resistance by the offender
c. prevent an escape and retake the person if an escape occurs
d. err on the side of too much force
Under the old common law, the only property that could be stolen consisted of
a. tangible personal property
b. real estate and items attached to the land
c. documents such as stocks and bonds
d. All of these choices
Few states require that some overt act be committed pursuant to the agreement before it
becomes a crime.
a. True
b. False
An agreement between nations on such topics as piracy at sea is referred to as a
a. United Nations Convention
b. international convention
c. military agreement
d. executive action
Not only police officers, but any person, may use reasonable force to defend another
person against unlawful force or interference.
a. True
b. False
Defendants who are found incompetent to stand trial
a. may be tried when they become competent
b. may not be tried at any time thereafter
c. are entitled to a verdict of not guilty by reason of insanity
d. are entitled to a verdict of not guilty due to diminished capacity
Fraud and corruption in governemnt comes in all of the follwoing forms except
a. Contract Fraud
b. False Claims
c. Program Fraud
d. Stock Market Fraud
Generally, before the death penalty may be imposed, a judge or jury must find at least
one of what kind of circumstance?
a. mitigating
b. balancing
c. concurrent
d. aggravating
Organized crime and gang members often used bribery and extortion of witnesses to
present witnesses from testifying.
a. True
b. False
The offense of urging another to commit an unlawful act is
a. inciting
b. libel
c. slander
d. stalking
The 2002 National Institutes of Health study surveyed drinking among the 8 million
college and university students in the United States. What percentage of students were
shown to drink in binges?
a. 44%
b. 55%
. 40%
d. 30%
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
The scope of liability of persons who are a party to a conspiracy or other agreement to
do an unlawful act is called
a. common design
b. accessory
c. accomplice
d. the Wharton rule
Abandonment or withdraw by a conspirator makes the crime
a. nonetheless complete
b. not complete
c. complete if one of the conspirators commits the crime
d. not complete unless one of the conspirators commits the crime
If a member of the U.S. military serving in another country commits an offense while
off duty and off base, jurisdiction will be
a. only in that country
b. only in military court
c. only in the Supreme Court
d. with either the military or that country
Conspiracy can be proved even if the co-conspirator cannot be found or
a. cannot be identified
b. has died
c. changes his mind
d. refuses to testify
The State Department is authorized to identify groups or organizations as terrorist
organizations.
a. True
b. False
In order for an action to be considered a post-crime offense, there must be
a. knowledge that the crime was committed
b. an attempt at a conspiracy
c. a solicitation by the person or persons who committed the crime
d. evidence of a solicitation
The federal RICO statute permits federal prosecutions based on criminal acts that
would normally fall under
a. state criminal jurisdiction
b. district court criminal jurisdiction
c. appellate criminal jurisdiction
d. county criminal jurisdiction
Which of the defendants would be guilty of tax evasion?
a. Sammy, because he didn’t pay report his illegal gains on his taxes
b. John, because he knew of the theft but did not report it, making his an accessory to
all felonies
c. both Sammy and John because the both had knowledge of the stealing
d. neither, because illegal gains are not taxable, only earned income is taxable
Which of the following is true of the standards set by moral laws compared to those set
by criminal laws?
a. The standards set by moral laws are generally higher than those set by criminal laws.
b. The standards set by moral laws are generally lower than those set by criminal laws.
c. The standards set by moral laws are generally the same as those set by criminal laws.
d. None of these answers are true
At common law, burglary was limited to
a. the dwelling of another, at night, with intent to commit a felony
b. the dwelling of another, at any time of day, with the intent to steal
c. structures where people gather or live, at night
d. structures where people gather or live, at any time of day
Contempt may be used in criminal cases, but not in civil cases.
a. True
b. False
Rule 412 of the Federal Rules of Evidence provides that in a criminal trial of a sexual
assault charge, evidence (1) offered to prove the victim engaged in other sexual
behavior, or (2) offered to prove the victim’s sexual predisposition, is
a. inadmissible
b. admissible
c. inflammatory
d. defensible
The federal act dealing specifically with extortion is the
a. Calvin Act
b. Hobbs Act
c. Lindbergh Act
d. Robbery and Extortion Act
A joint owner “takes” the property of the other joint owner if the taker had no right to
use or keep the property and
a. doing so infringes on the rights of the joint owner
b. doing so causes harm to the joint owner
c. doing so offends the joint owner
d. does so in a suspicious manner
Which of the following is NOT one of the guidelines for American courts to define
obscenity established in the 1973 case of Millerv.California?
a. Whether “the average person applying contemporary community standards” would
find that the work, taken as a whole, appeals to the prurient interest.
b. Whether the work or communication depicts or describes, in a patently offensive
way, sexual conduct specifically defined by the applicable state law.
c. Whether the work or communication, taken as a whole, lacks serious literary, artistic,
political, or scientific value.
d. all of these are guidelines established to define obscenity in the 1973 case of
Millerv.California
To obtain a conviction, the prosecution has the burden of proving every element of the
crime
a. by a preponderance of the evidence
b. by clear and convincing evidence
c. beyond a reasonable doubt
d. beyond a shadow of a doubt
The Travel Act makes interstate travel to commit all of the following activities illegal
except:
a. bomb a homosexual bar.
b. travel with the intent to violate state law.
c. travel to facilitate an illegal narcotics transaction.
d. cross state lines to purchase medical marijuana
“What one did they all did” is the rule that all parties to a conspiracy are liable for every
action taken by any party in furtherance of the conspiracy or agreement.
a. True
b. False
The immigration laws make it a crime to do all of the following except
a. make a false entry into this country
b. assist others to make an illegal entry in this country
c. hire an illegal alien.
d. assist in the return an illegal alien
The crime of unlawful assembly
a. prohibits the assembly of people for an unlawful purpose or under circumstances that
endanger the public peace
b. prohibits political demonstrations without a permit
c. allows the government to limit First Amendment speech
d. was a common crime that most jurisdictions no longer recognize
According to the Model Penal Code, a person who consciously disregards a substantial
and unjustifiable risk that the material element exists or will result from his conduct,
acts
a. purposely
b. knowingly
c. recklessly
d. negligently
Encouraging or paying someone to commit perjury is the crime of of perjury.
The federal government has passed many criminal laws directed at health care fraud,
such as the False Claims Statute.
Why does the criminal law consider certain acts illegal even though the crime itself has
not yet been completed or is still in the planning stages?
Answer:N/A
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 .
The government may pass laws only in situations authorized by the Constitution.
Many states divide into two categories: voluntary and involuntary.
Crimes committed in places beyond the of any state may be prosecuted on the federal
level.
Discuss the defenses available to a defendant charged with the crime of assault or
battery.
Answer:N/A
Common law burglary required proof of to commit a felony.
The penalties for liability offenses are usually lighter than “true” crimes.
Explain the doctrine of transferred intent. What crimes does it apply to? Why is it
important?
Answer:N/A
What is meant by “corpus delicti?” Explain how a defendant may be prosecuted for
murder when the victim’s body has not been found.
Answer:N/A
What was the Supreme Court’s rationale in the case of Gonzalesv.Raich? What impact
has this case had on states’ medical marijuana laws? How might this impact change in
the future?
Answer:N/A
What are the conditions that must be shown for a civil commitment of a sexual
predator?
Answer:N/A
The acronym CTR stands for currency reports.
reporting laws require people coming in contact with children to report suspected child
abuse.
The federal fraud act and the wire fraud act are frequently used to convict white collar
criminals.
Obscenity is speech or other communication that appeals to a reasonable person’s
prurient interest, describes in an offensive manner specific defined sexual conduct, and
has no social value.
Describe the four ways that the taking element can be proved.
Answer:N/A
Statutory rape requires no specific to have sex with a minor.