The fact that a person was wrongfully threatened and was not intentionally involved in
the situation is one condition of the duress defense.
Every state crime requires a jury trial.
The fact that a person was wrongfully threatened with serious bodily harm or death, to
the person or an immediate family member, is one condition of the duress defense.
A person can be tried for the same act if it violates both state and federal laws.
All sexual predators are male.
The Speedy Trial Act of 1974 set strict time limits to try defendants in the federal
system.
If conditions in prison can lead to serious illness or injury, if they are “wanton and
unnecessary infliction of pain,” then the conditions violate the Eighth Amendment.
According to the Supreme Court in the Apprendi decision, judges may enhance
sentences if they find the crime committed was a hate crime.
The consent defense is never available for sexual assault with an object.
Most states still require that a burglary occur after sunset and before sunrise; if it does
not, the crime is robbery.
The law recognizes a difference between defense of self and defense of property.
Generally, it is not appropriate to use deadly force to defend objects unless a person is
also in immediate danger.
Confessions may only be used against a defendant if the prosecution can show they
followed the procedures laid out in Miranda, and they did not coerce or otherwise
extract a confession from the defendant.
Obstruction of justice requires the actual destruction of evidence that could be used in a
criminal case, knowing that its destruction will prevent the conviction of a guilty party.
The FBI is the only federal agency that fights cyber crime.
The UCR’s new definition of rape includes sexual assault with an object.
The two types of robbery are simple robbery and armed robbery.
In order to charge a person with murder, there must be a dead body to show that a crime
has actually been committed in the first place.
The fact that a person was wrongfully threatened and the harm threatened was greater
than the harm produced by the crime committed is one condition of the duress defense.
Evidence that is obtained through a search that violated the rights of the accused cannot
be used in trial.
Sequestration is the process of cutting off jurors from the outside world during the trial
so that they remain impartial.
The Supreme Court has ruled that the protection of conversations between a patient and
his/her psychiatrist ‘serves the public interest by facilitating the provision of appropriate
treatment for individuals suffering the effects of a mental or emotional problem.”
Under the common law standard children under 7 years of age are conclusively
presumed to be incapable of knowing the wrongfulness of their crimes.
A police officer may search a vehicle if he/she has reasonable cause that would allow a
warrant to have been issued if the officer had attempted to do so, because taking the
time to seek a warrant would create the likelihood that the automobile would change
location.
The government can forcibly medicate a person so that person will be competent to
stand trial if such treatment is medically appropriate, is unlikely to have side effects that
may undermine the trial’s fairness, and is necessary to further important governmental
trial-related interests, taking into account any possible less intrusive measures.
To obtain a search warrant, police must produce evidence showing guilt beyond a
reasonable doubt.
People in their late teens and early twenties are most likely of all age groups to be crime
victims.
A grand jury must find that the accused committed the crime beyond a reasonable doubt
in order to indict him/her.
The right to remain silent is not without limits.
Statutes of limitation determine how much time can pass after a crime has been
committed, within which a person can be prosecuted for that crime.
Polygraph test results are always admissible in court.
Because punishments are considered cruel and unusual based on the “evolving
standards of decency that mark the progress of a maturing society” what is acceptable
today may be unacceptable tomorrow.
Duress is a defense to treason.
Pickpocketing is an example of robbery.
Deadly force may only be used against an attacker who has initiated the aggression
using unlawful force.
Crack cocaine is the most abused drug in the U.S.
Obscenity can only involve sexual activity.
Arson is:
A) responsible for about 5,000 fires per year.
B) tracked by the FBI.
C) almost always committed by juveniles.
D) at crime in which most cases are solved, with a clearance rate of over 90%.
E) all of the above
Which of the following is not necessary to convict a person of treason?
A) The perpetrator must owe allegiance to the United States.
B) The perpetrator must adhere to the enemy and render the enemy aid and comfort.
C) The perpetrator must be a native-born or naturalized citizen of the U.S.
D) The enemy involved must be in a state of open hostility with the U.S.
E) The perpetrator must commit an overt treasonous act.
Rape under Common Law never allowed for:
A) marital rape
B) male rape victims
C) female rapists
D) A, B, and C.
E) none of the above
Which of the following governmental agencies does NOT have a legitimate right to
investigate domestic cyber crime?
a. Federal Bureau of Investigation (FBI)
b. Department of Homeland Security (DHS)
c. National Security Agency (NSA)
d. Bureau of Alcohol, Tobacco, and Firearms (ATF)
e. Department of Agriculture.
A person convicted of a crime in the U.S. system could possibly be sentenced to any of
the following except:
A) probation.
B) a suspended sentence.
C) exile.
D) prison.
E) death.
What type of homicide occurs when a soldier kills an enemy combatant in the heat of
battle?
A) criminal homicide
B) justifiable homicide
C) excusable homicide
D) conscientious objector
E) unpunished manslaughter
Which is NOT an element of the crime of robbery?
a. The taking and carrying away of property of another
b. The reselling of the property by the robber
c. The intent to steal the property
d. Property taken from the person or in the presence of the person
e. The use of force or threat of imminent force
Public Defenders:
A) defend prosecutors against charges of misconduct.
B) defend indigent defendants against the state.
C) must be licensed attorneys.
D) can be found at state and federal levels.
E) B, C, and D.
Which of the following are true statements?
a. Any time something is stolen in the presence of the owner, it is a robbery.
b. To prove robbery charges, the prosecutor must show the defendant took the property
by force or the threat of force.
c. To prove theft charges, the prosecutor must show the defendant took the property by
force or the threat of force.
d. To prove robbery charges, the prosecutor must show the defendant took the property
while in the presence of its owner.
e. B and D only.
Select which of the following is an example of an ex post facto law.
A) Anyone who has ever owned a vehicle that polluted the environment, beginning in
1950 until the current year, will be subject to a $200 fine for each year of vehicle
ownership payable to the Environmental Protection Agency. This law shall take effect
in three months from the time of passing through both legislative bodies.
B) Anyone owning a vehicle that pollutes the environment will be subject to three
months in prison. This law shall take effect in three months from the time of passing
through both legislative bodies.
C) Anyone who murders another person with malice aforethought will be punished by a
fine of $4,000 payable to the nearest family member of the victim. This law shall take
effect in three months from the time of passing through both legislative bodies.
D) Anyone who murders another person with malice aforethought will be punished by
four years of imprisonment. This law shall take effect in three months from the time of
passing through both legislative bodies.
E) Anyone who commits three felony violations will be sentenced to lifetime
imprisonment, so long as the third felony violation occurred after the time of this bill’s
passing.
The Commerce Clause:
A) gives the federal government jurisdiction over intrastate commerce.
B) gives the federal government jurisdiction over interstate commerce.
C) gives the federal government jurisdiction over international commerce.
D) prevents the federal government from interfering with interstate commerce.
E) makes the U.S. a socialist nation.
Deadly force is a defense except in which circumstance?
A) against an attacker who has initiated the aggression using unlawful force
B) to prevent the commission of a serious felony
C) to prevent the commission of a serious felony involving risk to human life
D) when it reasonably appears necessary to prevent immediate death or serious injury
E) both A and C
Grand juries:
A) investigate crimes.
B) can subpoena witnesses.
C) vote to issue indictments.
D) determine guilt or innocence.
E) A, B, and C.
Which branch of government has the authority to declare war?
A) Executive branch
B) Legislative branch
C) Judicial branch
D) Military branch
E) none of the above
The work product rule is related to:
A) attorney-client privilege.
B) spousal privilege.
C) priest-penitent privilege.
D) patient-counselor privilege.
E) reporter’s privilege.
The elements which constitute bribery include:
A) the recipient or target of the bribe must be a government official
B) a bribe in the form of money, goods, favors, or something of value was offered or
given with the intent to induce an action or inaction.
C) the government official committed the desired action or inaction.
D) all of the above
E) A and B only
Define “exigent circumstance.”
A) a situation that requires urgent action, sufficient to excuse a delay in obtaining a
warrant.
B) a situation in which a police officer violates a general rule or standard
C) a situation in which a criminal violates general rules or standards
D) an extraordinary circumstance that cannot be explained by the normal rules of
physics
E) a circumstance in which a police officer is in hot pursuit of a burglar caught in the
act
The standard that sends a convicted mentally ill person to a mental hospital until he
recovers, and subsequently to prison to finish the sentence is:
A) not guilty by reason of insanity.
B) guilty, but mentally ill.
C) complete lack of capacity
D) substantial lack of capacity
E) both A and B
All of the following are examples of terrorism except:
A) forest fires set by anarchists in Oregon in 1995.
B) anarchists within the U.S. sending mail bombs in 1919-1920.
C) the bomb attack by Timothy McVeigh on the Alfred P. Murrah Federal Courthouse in
Oklahoma City, Oklahoma in 1995.
D) Al Queda attacks on the World Trade Center and the Pentagon on September 11,
2001.
E) All of the above are true.
Select the option below that does NOT describe a Terry stop, also called a ‘stop and
frisk” stop.
A) The name of the stop is based on a case in Ohio, in which a police officer stopped
and frisked two men who seemed to be “casing” stores at night.
B) A person who is stopped by a police officer cannot refuse to give the officer his/her
name.
C) A police officer may stop and frisk a person who appears to be of Arab descent
because the police officer believes that he/she matches a description of a suspected
terrorist from an All Points Bulletin.
D) A police officer may stop and frisk a person who had done specific acts that made
the police officer suspicious that he/she committed a crime.
E) A police officer may stop and frisk a person who appears to be of Arab descent
because the police officer thinks that he/she may be a terrorist based solely on that
person’s ethnic appearance.
Under the doctrine of sudden escalation:
A) the aggressor in an initially non life threatening fight may use deadly force, should
the other fighter begin using deadly force.
B) armed pedestrians may shoot cars who suddenly speed up.
C) the aggressor must retreat if the other fighter begins using deadly force.
D) is part of the ‘stand your ground” laws.
E) both A and D
Specific intent means that:
A) an individual committed a crime intending to cause a specific criminal result such as
the death of a specific individual.
B) an individual committed the crime intending to cause one harm, but instead caused
another harm such as burning down a house for the insurance money, but in the process
also causing the death of a family member.
C) both A and B
D) none of the above.
Which of the following is NOT a source of American law:
A) the U.S. Constitution
B) the Bill of Rights
C) treaties
D) Common Law
E) the European Union Convention on Human Rights.
Which of the following searches does not violate the Fourth Amendment?
A) A search is taking place at a roadblock where an accident had occurred, and the
police are looking for a specific suspect or information that could help them find him.
B) Infrared cameras are being used to find greenhouses growing marijuana.
C) A GPS device is attached to a suspect’s car to see where he goes.
D) A search for drugs is conducted on every car at a roadblock on a route where police
believe there is heavy drug traffic.
E) A warrantless search of a residence is conducted where the resident is not a terror
suspect.
The victim’s consent is a defense except:
A) when the victim is intoxicated to the point he/she is unable to make a reasonable
judgment.
B) when the victim is a child.
C) when the victim has a mental defect or disease.
D) None of the above are exceptions to the consent defense.
E) A, B and C are exceptions.
Which of the following is NOT an example of assault?
a. The perpetrator attempts to cause or knowingly, recklessly, or intentionally causes
bodily injury to another.
b. The perpetrator negligently causes bodily injury to another with a deadly weapon.
c. The perpetrator attempts by physical menace to place the victim in fear of imminent
serious bodily injury.
d. The perpetrator brandishes an unloaded gun, but the victim believes it is loaded.
e. A person hits you in the mouth before you ever see it coming.
The elements of corpus dilecti are:
A) actus reus, mens rea, and harm.
B) mala in se, mens rea, and harm.
C) mala prohibita, mens rea, and harm.
D) harm resulting from a criminal act.
E) none of the above
What was determined by Kelly v. South Carolina?
A) The Supreme Court ruled that the methods used for applying the death penalty were
arbitrary and capricious, thus qualifying for the label “cruel and unusual.”
B) Attempting to execute a person twice, due to equipment failure, is not cruel and
unusual punishment.
C) The Supreme Court ruled that capital punishment can not be handed down for rape,
because such a punishment would be excessive.
D) In cases in which the jury must decide between the sentences of death or life in
prison, the jury must be instructed that life in prison means that the defendant will have
absolutely no chance of parole.
E) Prison officials can force an otherwise mentally incompetent individual to receive
medication to restore his/her competence, even if the prison objects.
Identity theft occurs when:
A) an illegal immigrant uses false documents to obtain work in the U.S.
B) a hacker obtains social security numbers or credit card account numbers, with the
intent to use them to impersonate the rightful owner.
C) a hacker obtains social security numbers or credit card account numbers, with the
intent to sell the information on the black market.
D) a hacker obtains social security cards just to prove he can, but has no intention of
using them to make money.
E) A, B, and C.
The standard of proof in a civil trial is:
A) a preponderance of evidence.
B) beyond a reasonable doubt.
C) more likely than not.
D) absolute certainty.
E) none of the above.
What happens to a prisoner if he is not executed due to an equipment malfunction?
A) His execution is rescheduled for a time when the equipment is working properly.
B) His sentence is commuted to life in prison.
C) He is released.
D) The technician responsible for the failure is executed in his place.
E) none of the above
Which pair of documents charge a defendant with a crime?
A) An information and an indictment
B) A nol pros motion and an indictment
C) An arraignment and an information
D) A plea and an arraignment
E) None of the above.
An officer arrests a person for an open bench warrant. During the arrest, he notices drug
paraphernalia in the car. He files additional charges against the individual. The
individual then notifies the judge that the warrant had expired, and showed being open
on the police system in error. He claims since the officer had no valid probable cause,
the drug paraphernalia should be excluded under the exclusionary rule. What will the
court most likely rule?
A) The court would exclude the evidence as per the exclusionary rule, and drop the
additional charges.
B) The court would allow the evidence, but note the objection as a basis for appeal.
C) The person would have the basis for a civil suit against the municipality for failing to
keep their warrant database up-to-date
D) The evidence would be allowed in if the police proved they were acting in good faith
when they made the discovery.
E) The evidence would be allowed in if the police could independently produce
corroborating evidence.
Which of the following would constitute a criminal conspiracy?
A) Five people agree to hold a legal protest outside a public building.
B) A man plans to rob a bank.
C) Eleven people agree to work together to rob a casino.
D) Eleven people agree to work together to pass a piece of legislation.
E) none of the above
What occurs when the jury appears to have completely ignored the facts of the case and
applied the law as they wish it to be written?
A) jury nullification
B) jury tampering
C) jury ignorance of the law
D) jury legislation
E) jury supposition
The _________ defense may not be used to justify murder.
_________ manslaughter is a homicide committed with the intent to kill, but without
deliberation, premeditation, or malice.
A document issued by a judge ordering law enforcement officers to arrest a specific
person is a ________________ .
The philosophy of law is referred to as jurisprudence.
An act of force or threat of force intended to inflict harm upon a person is an example
of an ______________.
A person who wishes to have the Supreme Court hear a case must file a petition for
_________.
Explain what procedural protection is required before the death penalty can be carried
out.
Describe the difference between simple robbery and armed robbery, listing what
elements the prosecutor must prove to get a conviction for each. Additionally, what
elements must a prosecutor prove to get a longer sentence?
A presumption that cannot be disproved regardless of the amount or quality of the
evidence to the contrary is a ________________ presumption.
The limited right to be released from prison pending trial after posting enough security
to assure appearance at the time of trial is the ____________________.
An alcoholic leaves a bar after drinking 5 shots of vodka and 2 pints of beer. She walks
down a public street while removing her clothing. An officer arrests her for disturbing
the peace and public drunkenness. This is an example of a status crime.
Explain the history of the Eighth Amendment to the United States Constitution.
The study of law is known as _________.
Mens rea is a wrongful action.
A person under the ___________ of consent is said to lack the capacity to consent to
sexual acts.