Criminal Justice, Final exam
By 2013, how many states had allowed victim impact evidence to be considered by sentencing judges and juries?
50
What percent of criminal cases are disposed of in the United States with pleas of guilty?
90% or more
What is a nolle prosequi?
A prosecutor's decision not to file charges against an individual
Which of the following is not true about the distinction between civil and criminal law?
A purpose of civil law is to punish individuals for misconduct.
Which of the following is not true about federal RICO?
All individuals engaged in fraud are subject to its punishment
An officer must knock and announce himself or herself before entering a person's home to execute a warrant unless
All of the above
A lawyer who steals a client's trust fund has committed...
embezzlement
Larry learns that Nancy and Frank are having an affair. Larry contacts the two, threatening to expose the relationship to their respective spouses unless they pay him $5,000. Larry is guilty of...
extortion
Aaron mistakenly believed that Bob was attempting to kill him. Bob intended Aaron no harm. In defense, Aaron killed Bob. The jury decides that Aaron's belief is genuine but unreasonable. Which of the following verdicts should be delivered?
guilty of manslaughter
A plea of nolo contendere has the same effect as a _____________, except nolo contendere pleas_____________.
guilty plea; are not admissible in any subsequent civil trials
If a person takes an action believing it to be illegal, he or she is...
not criminally liable
Megan's Laws provide for...
registration of sex offenders with police agencies.
The right to counsel found in the Miranda v. Arizona case is founded upon
the Fifth Amendment right to be free from self-incrimination
Many of the limitations of the Gun Control Act were reduced by:
the Firearm Owners Protection Act
A coerced confession should be excluded from trial. If a coerced confession is admitted
the appellate court will reverse unless the prosecution can show, beyond a reasonable doubt, that the error was harmless.
The Model Penal Code contains a crime: failure to disperse. Under this law, an officer may order two or more people to disperse provided...
the assembly is likely to cause substantial harm, serious inconvenience, annoyance, or alarm to others.
Affirmative defenses are different from other defenses because...
the defendant must plead such defenses prior to trial.
Mens rea is best defined as...
the mental aspect of any crime
One party may consent to the search of another party's area provided
the two share access, control, and use of the property.
The time that a defendant is a fugitive normally __________ the statute of limitation.
tolls
As a field of law, criminal law defines...
what crime is.
Which of the following is most accurate concerning the effect the exclusionary rule has on prosecutions
Between 0.6% and 3.5% of cases not prosecuted and unsuccessfully prosecuted can be attributed to the rule.
The standard of proof in a criminal case is
Beyond a reasonable doubt
If an indictment is sufficient but does not provide a defendant with the information necessary to prepare a defense adequately, the proper remedy is a(n)
Bill of particulars
In determining whether a defendant's consent to search was valid, which of the following factors are considered by a reviewing court?
Both A and B
Which of the following is not true?
Common-law burglary required an actual breaking and entry into the structure.
Define exigent circumstances as related to the law of search and seizure.
Exigent circumstances refer to situations where law enforcement officers must act quickly to prevent the destruction of evidence, the successful flight of a suspect, or serious injury or death to any person, that there isn't time to obtain a warrant.
A crime must be completed to convict one defendant of soliciting the aid of another defendant in the commission of the crime.
False
All crimes must have two basic elements: a mental element (mens rea) and a physical element (actus reus).
False
All religious conduct is protected by the First Amendment.
False
Defense and prosecuting attorneys share identical constitutional and ethical missions.
False
Discovery is broader in federal criminal cases than in federal civil cases.
False
Every right found in the Bill of Rights has been incorporated.
False
Factual guilt is the same as legal guilt.
False
Once abolished, the common law no longer serves any function.
False
Preliminary hearings are required by the United States Constitution.
False
Prostitution is a crime throughout the entire United States.
False
Punitive damages may be awarded only in criminal cases.
False
So-called prospective warrants, which are to be executed when a triggering act occurs, are per se invalid.
False
Statutory law is the highest form of law.
False
The Constitution is an important source in defining what behavior is criminal.
False
The Durham test for insanity is the most commonly used test in the United States.
False
The Sixth Amendment guarantees indigent defendants counsel on appeal.
False
The Supreme Court has held that shaming is an unconstitutional form of punishment.
False
The common law is the same in every state.
False
The exclusionary rule applies in grand jury proceedings.
False
The exclusionary rule applies only in federal courts.
False
The purpose of RICO is to thwart the interstate transportation of minors for illegal purposes.
False
Under Title III, the Omnibus Crime Control and Safe Streets Act, an officer may obtain a court order authorizing electronic surveillance under the same rules that apply to other warrants.
False
Under modern statutes, a woman must forcibly resist a rape; otherwise, the rapist may not be convicted.
False
Federal habeas corpus may not be used to relitigate
Fourth Amendment search and seizures
A formal accusation of criminal activity by a grand jury is a(n)
Indictment
What is a victim impact statement? What provisions are made under federal law to aid victims and witnesses and their immediate families?
It is a statement made at the time of sentencing that is made to the court concerning the effect the crime has had on the victim and/or on the victim's family. Laws have been enacted to protect victims and witnesses and their families; these laws include relocation and a new identity for the individual(s).
Arson has changed significantly from its common law definition. All of the following except one represent common changes to the common law of arson. The exception has always been true. Choose the exception.
It is arson to burn an outhouse.
Which of the following statements best describes the objective test for entrapment?
It is entrapment if the conduct of the police creates a substantial risk that the offense will be committed by a person normally not ready to commit it
Is child molestation malum prohibitum or malum in se?
Malum in se
Is murder malum prohibitum or malum in se?
Malum in se
Is simple battery malum prohibitum or malum in se?
Malum in se
At which of the following is there no right to counsel?
None of the above
In which of the following situations does the Fourth Amendment not apply?
Police use a radio device to eavesdrop on a conversation between two people using a cordless telephone.
Fences commonly commit what crime?
Receiving stolen property
Which of the following crimes is not included in the Model Penal Code's Consolidated Theft Statute?
Robbery
Laws created by administrative agencies are known as...
Rules or regulations
Which of the following is ex post facto?
Stacey commits a crime on June l. On June 15, state legislature increases the penalty for her crime and applies it retroactively.
What is the source of most penal law today?
State statutes and local ordinances
Concurrence refers to the joining of mens rea and actus reus.
True
The Confrontation Clause limits the admissibility of hearsay in criminal trials.
True
The federal Communications Decency Act of 1996 was invalidated because it violated the First Amendment's Free Speech Clause.
True
Identify the six primary participants in criminal adjudications.
1. Judges 2. Defense attorneys 3. Prosecutors 4. Law enforcement officers 5. Victims 6. Jurors
State four major concerns regarding reliability of testimony from eyewitnesses.
1. Stress may influence a person's memories, making them less reliable. 2. Racial biases may affect a person's memories and reliability. 3. Reconstructed memories are not always reliable. 4. If the suspect(s) do(es) not have distinct characteristics, it is harder for eyewitnesses to make a positive ID.
What are the three elements that must be shown to establish improper, discriminatory prosecution?
1. That other people similarly situated were not prosecuted. 2. The prosecutor intentionally singled out the defendant. 3. The selection was based upon an arbitrary classification.
Identify at least four reasons that have been fueling the Death Penalty Moratorium Movement.
1. The criticism from supreme court justices 2. Most states adding life sentences without the possibility of parole 3. New technologies leading to the discovery of wrongfully convicted and sentenced individuals 4. Research that indicates innocent people are being executed
What are the two facts that must be shown in order for a defendant to succeed with an appellate claim of ineffective counsel at trial? What is the significance of "undivided loyalty" of counsel in such claims?
1. The defendant must prove their lawyer performed below an objective standard of reasonableness 2. The defendant must be able to show there is a reasonable probability that the result of their proceeding would have been different with different counsel. The significance of undivided loyalty in such claims is that it is common to have ineffective counsel in situations where an attorney is representing co-defendants.
Identify at least four factors that are taken into consideration when a defendant moves for a change of venue due to negative publicity.
1. The frequency of the negative publicity. 2. The nature of the facts being brought to light. 3. Whether or not media attention is increasing, decreasing, or remaining the same. 4. The extent to which the publicity is directly accusing or implying guilt.
A defendant is convicted of three crimes. She is sentenced to two 5-year sentences to run concurrently and a 10-year sentence to run consecutively. How much actual time was she sentenced to, not accounting for parole or other methods of early release?
15 years
In criminal law, what is a statute of limitation? Is the statute of limitation the same for all crimes? Explain. What does it mean to toll the statute of limitation?
A statute of limitations is the maximum amount of time in which criminal prosecutions can be brought after the occurrence of the crime. It is not the same for all crimes - in fact, there are many crimes, such as murder, that it simply does not apply to; therefore, it depends on the extent of the crime. To toll the statue of limitations means to pause or delay the given period of time.
Which of the following abortion-related laws is unconstitutional?
A statute requiring a wife to notify her husband before undergoing the procedure
While executing a lawfully issued arrest warrant, a police officer is shielded by
Absolute immunity
Which of the following are not deadly weapons for purposes of the deadly weapon doctrine?
All of the above are deadly weapons.
The primary distinction between first- and second-degree murder is the absence of __________ in second-degree murder.
All of the answers are correct.
Which of the following statements best describes the doctrine of selective incorporation?
All rights deemed fundamental and essential to an ordered liberty are incorporated by the Fourteenth Amendment and applicable against the states.
In criminal law, what is an accessory? What is the distinction between an accessory before the fact and an accessory after the fact?
An accessory is a person who helps to commit a crime without actually being present at the time the crime is committed. An accessory before the fact is a person who assists in the preparation of the crime before it is committed. An accessory after the fact is a person who helps the criminal(s) avoid arrest after the crime is committed.
How does an adversarial adjudication resemble a sporting event? In your response, identify the roles of parties to the criminal adjudication.
An adversarial adjudication represents a sporting event because there are two opposing parties and a neutral "umpire". The opposing parties are played by the defendant and the prosecutor while the "umpire" is the judge.
What is an inchoate crime? What is the purpose of punishing inchoate acts? What are three examples of inchoate crimes?
An inchoate crime is a crime that goes uncompleted. The purpose of punishing such crimes is to deter people from even considering committing crimes and encourage them to stay on the right path. Three examples of inchoate crimes are: 1. A man intends to murder one of his enemies. He goes out and illegally purchases a gun, which he puts in the glove box of his car. He drank a few beers prior to leaving to commit the murder. On his way, he was pulled over and arrested for a DUI and the unregistered gun, along with the enemy's address, was later found in his glove box. 2. A man urges his girlfriend to sell herself in order to maintain his drug habit. The first client she attempts to solicit herself to is an undercover police officer. She is immediately arrested and taken into custody. 3. A woman found emails in her husband's outbox, detailing his desire to rape their young neighbor. She immediately contacted law enforcement and the husband was arrested before he was able to commit the rape.
Oscar hired a contractor to build a new carport outside his home. The contractor took full payment, worked one day, and then never returned. She is not responding to any of Oscar's phone messages or emails. Would this case be easier to prove as a civil case or as a criminal case? Explain..
Assuming the contract was agreed upon and signed by both parties prior to starting the job, and the conditions of the contract were not entirely met, it would be easier to prove as a civil case. It would be considered a breach of contract between two individuals, which could be proven by providing a copy of the contract and images of the unfinished product as evidence.
In what case did the U.S. Supreme Court hold that due process expects punitive damages to be reasonable, considering: (1) the degree of reprehensibility of conduct, (2) the disparity between actual harm and the punitive award, and (3) a comparison of the award to similar civil or criminal penalties?
BMW v. Gore
The federal drug kingpin statute also is known as...
CCE, or Continuing Criminal Enterprise Act.
Which doctrine states that a person is not required to retreat from his or her home?
Castle
John refuses to pay his court-ordered child support. The judge orders John jailed until he complies. Under which of the following does the judge find his authority to order John committed?
Civil contempt
What is commutation of sentence? Who has the power to commute a sentence? Under what circumstances is commutation of sentence used?
Commutation in sentence is a reduction in sentencing. Only the president may commute federal sentences and in most states, it is the governors job to commute a sentence. In general, all sentences can be commuted, with the exception of sentences related to treason and impeachment. Commutation of sentencing typically comes with conditions, such as agreeing to be a law-abiding citizen.
Which of the following best describes the authority of the federal government to criminalize legitimate religious practices?
Congress may regulate a religious practice so long as it has a compelling reason and there isn't a less restrictive way to accomplish the goals of the law.
Nancy decides to steal from her employer, Ahmad. As she reaches into the cash register, Ahmad enters the room. Nancy ceases and does not try again. However, much to her surprise, Ahmad had a security camera aimed at the cash register. He turned the tape over to the district attorney, who has charged Nancy with attempted theft. Nancy's defense is abandonment. Which of the following should be the result?
Conviction
Which of the following sources of law is not responsible for defining criminal conduct?
Court rules
What is double jeopardy? Where is the Double Jeopardy Clause found? How is the Double Jeopardy Clause applied to the states?
Double jeopardy refers to the clause that states a person cannot be tried for the same crime by the same government once the first prosecution is finished and decided. The Double Jeopardy Clause is found in the Fifth Amendment. The Double Jeopardy Clause fully applies to the states through the Fourteenth Amendment.
To which justice model discussed in the text does the United States adhere?
Due process
What is duress? State the four-point test for proof of duress.
Duress is the unlawful pressure on what a person would not have otherwise done. The four point proof is: 1. that he or she was threatened 2. and that threat cause a reasonable belief 3. that the only way of avoiding serious injury or death to oneself or others 4. was to commit the crime.
Which of the following regulates the collection of foreign intelligence by government officers, whether through wire-taps, pen registers, trap devices, and other electronic means?
FISA Act of 1978
A high-speed automobile police chase violates the Fourth Amendment's reasonableness requirement if the individual chased or an innocent third party is injured as a result of the chase.
False
A nolle prosequi is a decision by a police officer not to arrest an alleged criminal.
False
A parent has a moral but not a legal obligation to obtain medical help for his or her child.
False
A person who lies when testifying before a grand jury has committed subordination of perjury.
False
A prosecutor may file any information against a defendant only when the defendant has been indicted by a grand jury.
False
A statute that enhances a penalty for a crime because it was committed with racial animus is violative of the First Amendment's Free Speech Clause.
False
A suspect has a right to counsel at photograph identification sessions.
False
Gideon v. Wainwright, 372 U.S. 335 (1963), is important to criminal procedure because through it the Court announced that defendants have a right to compel witnesses to testify at trial.
False
Harry Homeowner hires Ellie Electrician to make some repairs in his home.While working on the wiring in the basement, Ellie found and pocketed a ring that was lying on a table. Ellie has committed a burglary.
False
If Jane kills her husband immediately after discovering him in bed with another woman, Jane is guilty of second-degree murder.
False
In United States v. Leon (1984), the Supreme Court of the United States held that the exclusionary rule does not apply in pretrial suppression hearings.
False
Inchoate crimes refer to crimes involving more than one criminal
False
Most law-enforcement activities in the United States are performed by federal officers.
False
Ordinances are written laws of government agencies.
False
Sidney leaves her laptop computer in a study carrel at the university library while she uses the restroom. While Sidney is gone, Carmen takes the computer with the intention of keeping it. Carmen has committed a robbery.
False
The Eighth Amendment's Cruel and Unusual Punishments Clause has been interpreted by the Supreme Court of the United States as limiting capital punishment to murderers and rapists.
False
The Supreme Court of the United States has held that the Fourteenth and Ninth Amendments to the United States Constitution protect an individual's right to commit suicide provided the individual is competent in age and mental condition.
False
The Tenth Amendment to the United States Constitution grants certain rights to the states and reserves all other rights for the federal government.
False
The trend of the Supreme Court in recent years has been to expand the scope of the exclusionary rule.
False
The use of victim impact evidence at sentencing has been disapproved by the Supreme Court of the United States.
False
Title III of the Omnibus Crime Control Act requires the registration of all firearms sold in the United States.
False
Walking through an open door constitutes a "breaking" for purposes of burglary.
False
Winston's good faith but incorrect belief that he has a right to smoke marijuana at home is a defense to the charge of possession and use of the substance.
False
What are fighting words? What is the fighting words doctrine? Why is it an important legal doctrine?
Fighting words are words that are not protected by the first amendment because the words are likely to cause violence. The fighting words doctrine puts limitations of freedom of speech. It is an important doctrine because it helps to prevent violence and chaos in society.
Which of the following tests is not used to determine whether an act is close enough to completion to permit an attempt conviction?
Final step test
Whenever a judge discharges a potential juror because the juror will not be fair and impartial, the judge has excused the juror
For cause
Wharton's Rule would prevent two people from being charged with conspiracy to commit which of the following crimes?
Gambling
Briefly explain the distinction between general intent and specific intent.
General intent is the desire to act without a desire to cause a particular outcome. Specific intent is the desire to cause a particular outcome.
In medieval England, trial by ordeal was used to determine guilt. Who was responsible for determining guilt in a trial by ordeal?
God
Which of the following statements is not protected by the First Amendment?
I just raped your wife!
A state has enacted a new law. The new law states: "No person shall engage in communication while crossing a street." Should a defendant charged with this crime after typing a text message while crossing the street assert that the statute is overly broad, vague, or both? Support your response with the argument that should be used on behalf of the defendant.
I would consider the new law to be vague. It does not specify what kind of communication or what kind of street. The electronic hand that signals a person to stop or go and has a countdown, telling the person how much time they have to cross the street, is a form of communication - it is communicating to the pedestrian whether they can safely cross the street and how much time they have to do so. Those are typically placed at busy intersections, so does the law only apply to streets with less traffic?
The Sixth Amendment to the United States Constitution guarantees a trial by jury
In all cases where the punishment may exceed six months
An indigent defendant has the right to appointed counsel
In all criminal cases where jail time results
A defendant must be read the Miranda warnings whenever he or she is
In custody and subject to interrogation
The possession of firearms has been a widely debated topic throughout the history of the United States. What was the general initial interpretation of the Second Amendment as related to individual rights and requirement of a militia? What was the impact of the 2008 District of Columbia v. Heller case on this interpretation-- and in which jurisdiction was the decision recognized as binding?
Initially, the second amendment was interpreted as follows: a person may own a firearm, in connection with the militia. D.C. V Heller held that a person has the Constitutional right to own firearms, unconnected from the militia. However, this decision was only recognized as binding on federal territory.
What is the inevitable discovery rule?
It is the principle that even if criminal evidence is gathered by unconstitutional methods, the evidence may be admissible if it definitely would have been discovered anyway.
Quentin was tried for robbery. The jury returned a verdict of guilty but the judge set aside that verdict and entered a not guilty verdict. The government has appealed, seeking reinstatement of the jury verdict. Which of the following statements concerning the appeal and the Fifth Amendment's Double Jeopardy Clause is most true?
It would not violate the Double Jeopardy Clause for the appellate court to reinstate the verdict.
Quentin was tried for robbery. The jury returned a verdict of not guilty, and the government has filed an appeal. In that appeal, the government alleges that the judge committed "substantial and harmful errors prejudicial to the government. These errors caused the government's case to fail before the jury." The government is seeking a reversal of the acquittal and a new trial. Assuming the judge did commit such errors, which of the following is most true concerning the Double Jeopardy Clause and the appeal?
It would violate the Double Jeopardy Clause for the appellate court to order a new trial.
In which case did the U.S. Supreme Court hold that the government's installation of a GPS device on a target's vehicle, and its use of that device to monitor the vehicle's movements, constitutes a "search" constitutes a search a seizure under the Fourth Amendment?
Jones v United States
Voir dire refers to what stage of trial?
Jury selection
At common law, what was the distinction between larceny and embezzlement?
Larceny is stealing of any kind. Embezzlement is the unlawful taking of money or property by someone who has been trusted with it. Embezzlement must include conversion. With larceny, only tangible personal property is included.
In all common law countries, which of the following is/are the primary lawmaker(s)?
Legislatures
What is the test for insanity that requires a defendant to show that he or she did not understand the nature and quality of his or her act or that the act was wrong?
M'Naghten
Is failure to appear in court, as ordered, malum prohibitum or malum in se?
Malum prohibitum
Explain the significance of merger of offenses and double jeopardy.
Merger refers to the idea that a person can be charged with two separate crimes, one of which is a lesser offense that is included in the "larger" crime. For example, if a person beats someone to death with a baseball bat, they can be charged with battery, in addition to murder. This is not double jeopardy because they are being charged for two separate crimes, not the same crime twice.
John steals a controlled substance from a pharmacy for his wife, who is ill. They do not have the money to purchase the drug, which was prescribed by the wife's physician. John's intention of helping his wife is best characterized as his
Motive
At common law, what was the distinction between murder and manslaughter?
Murder must include premeditation and deliberation. Manslaughter is more of a "heat of the moment" crime, with no premeditation or deliberation. Murder is defined as "the unlawful killing of a human being with malice aforethought". Manslaughter is typically a result of provocation, where malice is not aforethought.
Suppose that the California Supreme Court has just decided a case. Is that case now the law of the land? Explain.
No, it is not the law of the land because each state has different laws and those laws are fluid. They have the ability to change as society changes.
The Constitution expressly provides for the exclusionary rule in
None of the above
The Sixth Amendment guarantees a right to a speedy trial. As such, trials must be conducted from the time the defendant is formally charged.
None of the above
What does the principle of legality require of the government?
Notice that conduct is illegal before the conduct occurs.
Which of the following best describes the constitutionality of laws requiring individuals to present identification to law enforcement officers?
Officers may demand to see identification from individuals so long as reasonable suspicion exists to temporarily detain the suspect.
Distinguish among the terms probable cause, reasonable suspicion, and beyond a reasonable doubt as each applies to criminal law.
Probable cause is the U.S. Constitutional requirement that law enforcement officers present sufficient facts to convince a judge to issue a search warrant or an arrest warrant, and the requirement that no warrant should be issued unless it is more likely than not that the objects sought will be found in the place to be searched or that a crime has been committed by the person arrested. Reasonable suspicion has lower standards than probable cause; it is based on specific facts. Beyond a reasonable doubt is referred to when no other logical explanation can be made regarding the situation.
Who generally conducts a Presentence Investigation (PSI)? Who receives the PSI report? What is the primary purpose of the PSI report?
Probation officers typically conduct presentence investigations. The court receives the PSI report. The report contains a statement from the defendant, vital documents, and medical records and is used by the court to determine what sentence should be imposed.
Briefly explain the difference between the modern-day charges of robbery and burglary.
Robbery is defined as illegally taking a person's property by means of force or threat of force. Burglary is unlawfully entering a house with the intent to commit a crime once inside.
What is standing? What is its relevance to a motion to suppress evidence in a criminal case? What are the two important aspects of standing to suppress evidence?
Standing is person's right to bring or join a lawsuit or to raise a particular issue because the individual is directly affected by the issue. The defendant must have a reasonable expectation of privacy to the place or thing before they can have it suppressed at trial. Two important aspects are: the person challenging the evidence must be DIRECTLY effected by the evidence, such as defendants in criminal cases and the defendants constitutional rights must have been violated before evidence can be suppressed.
What is the doctrine of stare decisis? Why is it important?
Stare decisis states that judicial decisions stand as precedent for cases arising in the future. It is important because it gives a sort of guideline for similar cases that otherwise wouldn't have any definite guidelines.
Why are state constitutions more likely to address specific issues than the U.S.Constitution? Is the bill of rights for most states similar to or different from the Bill of Rights in the U.S. Constitution?
State constitutions are more likely to address specific issues than the U.S. Constitution because the U.S. Constitution was made to fit a large, general population, whereas state constitutions are made to fit the smaller, less generalized populations of each individual state. The bill of rights for most states are similar to those listed in the U.S. Constitution.
Which of the following standards of judicial review does the court follow when the government burdens a fundamental right?
Strict scrutiny
Under the Sixth Amendment to the U.S. Constitution, what is the practical application of the right to confront one's accusers? May a state enact a rule of evidence that conflicts with this right? Explain.
The Confrontation Clause states that in all criminal prosecutions, the accused has the right to be confronted by their witness(es). The practical application of this right comes when the defense cross examines the witnesses of the prosecution. No, a state may not enact a rule of evidence that conflicts with this right because it is a Constitutional right.
Which of the following statements is true?
The Constitution of the United States does not guarantee a right to appeal; however, if a state provides for appeal by right, then all defendants have a constitutional right to appeal.
What is the Fifth Amendment privilege against self-incrimination? Why is it important?
The Fifth Amendment protects people from being forced to incriminate against, or expose, themselves. It is important because it protects individuals from having to be a witness against themselves in a criminal case. It allows a person to "plead the Fifth" in order to protect him/herself.
What facts gave rise to the criminal charges filed against the Ford Motor Company in relation to the Ford Pinto? Identify the crime with which Ford was charged. Was Ford convicted of the crime? Why is the case important in the arena of corporate criminal liability?
The Ford Motor Company came out with the Ford Pinto in the 1960's and, while attempting to provide more trunk space, the design of the vehicle was such that it could easily catch fire in a rear end collision. After multiple deaths and injuries occurred as a result of the design flaw, Ford was charged with negligent homicide. Ford was no convicted of the crime. This is an important case in the area of corporate liability because it shows that corporations, no matter how large, are not immune to the law; traditional crimes apply to them as well.
Any right a defendant has to counsel on appeal is guaranteed by
The Fourteenth Amendment
In what way did Katz v. United States change the law of search and seizure?
The Fourth Amendment was held to protect people, not places.
Which of the following statements is true?
The common law is the oldest form of law in the United States and may be changed by legislative command or constitutional provision.
Which of the following best describes the Fourth Amendment status of a driver and a passenger of an automobile during a traffic stop?
The driver is automatically seized, and the passenger is seized only if there is probable cause to believe the passenger is involved in the crime.
Which of the following is not an exception to the fruit of the poisonous tree doctrine?
The evidence is of marginal incriminating character.
The legal victim in criminal cases is
The government
Fred and Samantha have been neighbors for years. Fred, a dentist, dislikes Samantha, a lawyer. Fred forced entry to Samantha's house while she was on vacation to prove to his neighbors that Samantha was a drug user. Once inside, Fred discovered large amounts of cocaine. He took the drugs to the police, where he told his story. Later, Fred was charged with trespass and Samantha was charged with possession of cocaine. Samantha filed a motion to dismiss, asserting that Fred violated the Fourth Amendment in searching her home. Which of the following outcomes is most likely?
The motion will be denied
Which of the following best describes the U.S. adversarial system?
The parties are competing, and the judge plays the role of passive referee.
What is the purpose of the preliminary hearing in a criminal case? What does it mean to be "bound over"? Under what circumstances will a defendant be bound over?
The preliminary hearing is used to determine whether probable cause exists. The term "bound over" means that probable cause was established and the defendant moves on to the next stage of the process. A defendant will be bound over under the circumstances that probable cause has been established.
Which of the following is not required to prove a discriminatory prosecution in violation of the Fourteenth Amendment?
The prosecutor personally knows the defendant
What is the public safety exception? Describe a recent case where the United States Department of Justice Memorandum titled Custodial Interrogation for Public Safety and Intelligence-Gathering Purposes of Operational Terrorists Inside the United States guided the use of this exception, and summarize what is included in the Memorandum.
The public safety exception is a case-by-case exception where statements may be admissible in court even though the defendant had not been advised of his or her Miranda Rights prior to the statements in question. Law enforcement must abide by the policy regarding the use of Miranda warnings for custodial interrogations of operational terrorists who are arrested in the United States. However, officers must first ask any and all questions regarding the immediate safety to the public without advising the person being arrested of his/her Miranda Rights.
Identify four purposes of punishing those who violate criminal law.
The purposes for punishing those who violate criminal law include: 1. Incapacitation prevents crime by removing the individual(s) from society. 2. Rehabilitation attempts to prevent crime by removing/redirecting undesired behaviors. 3. Retribution tells us that if someone commits a crime, they will be punished. This instills a sort of fear in people that encourages them to not violate criminal law. 4. Deterrence aims to discourage undesirable behaviors.
Which of the following best describes the impact on appeal of allowing an involuntary confession to be admitted at trial?
The result is reversal unless the government can establish that harm did not occur.
Which of the following best describes the test used to determine whether a person is in "custody" for Miranda purposes?
The suspect possesses a reasonable belief that he or she is not free.
What are the three elements that comprise conspiracy? What is the actus reus of the crime? What is the mens rea of the crime?
Three elements that comprise conspiracy: 1. An agreement 2. Between two or more people 3. To commit a crime The actus reus of the crime is the agreement, while the mens rea of the crime is the intent to commit an unlawful act or a lawful act in an unlawful manner.
Which of the following rights has not been incorporated?
To be indicted by a grand jury
As a witness, which form of immunity is best?
Transactional
A defense attorney has an ethical obligation to represent a client zealously even if the client has committed a horrendous crime.
True
A person injured by another's negligence may sue in tort law.
True
A person need not be in physical custody to apply for federal habeas corpus relief; he or she only need have some restraint of liberty.
True
A police officer may conduct a warrantless search of an automobile so long as probable cause exists to believe that the evidence sought will be found in the automobile.
True
A police officer may order the occupant (not the driver) of a lawfully stopped automobile out of the car during the stop without probable cause to believe that the occupant is concealing contraband or is a threat to the officer.
True
An alert to contraband by a well-trained and dependable dog establishes probable cause to search.
True
Extortion is commonly known as blackmail.
True
Generally, a person may not be prosecuted for failing to save a stranger whose life is in danger.
True
Generally, police officers are shielded by judicial immunity when enforcing court orders.
True
If Defendant cuts off Victim's arm, an aggravated battery has been committed.
True
If Defendant cuts off Victim's arm, mayhem has been committed.
True
If a prosecutor has previously represented a defendant in the same case, the prosecutor has an ethical obligation to withdraw.
True
In Graham v. Florida, the Court held that a juvenile may not be sentenced to life imprisonment without parole for a nonhomicide crime.
True
In Maryland v. King, the U.S. Supreme Court upheld the practice of systematically taking DNA samples from felony arrestees.
True
In the federal system and in many states, a defendant must put the government on notice that he or she intends to seek at trial an acquittal due to insanity.
True
Judges have a constitutional and ethical obligation to monitor their courtrooms and to manage any situation that can prejudice the outcome of a case.
True
Lowell is charged with robbery and possession of a firearm without a permit. He is acquitted of the firearm charge but convicted of the robbery. At sentencing, the judge may factor the possession of the weapon into the sentence for the robbery conviction.
True
Mere mental planning to commit a crime is insufficient to prove attempt.
True
Only the government may file criminal charges.
True
Police must have a warrant to draw the blood of a defendant who objects to the procedure.
True
Prosecutors have a limited right of appeal, while defendants enjoy a much greater right to appeal.
True
States have greater authority to regulate sexually explicit materials when children rather than adults are involved.
True
Strict liability crimes were not recognized under the common law.
True
The Eighth Amendment's prohibition of cruel and unusual punishments prohibits those punishments thought by the framers to be cruel as well as those punishments believed to be cruel today.
True
The First Amendment protects one's right to read and distribute sexually explicit materials provided those materials are not "obscene."
True
The Fourteenth Amendment's Privileges or Immunities Clause forbids states from abridging any person, local or not, from exercising federally secured rights.
True
The M'Naghten test for insanity is also known as the right/wrong test.
True
The United States employs an adversarial system of adjudication.
True
The constitutional mission of the prosecutor is to seek justice.
True
The constitutional prohibition of double jeopardy was intended to preclude two trials or punishments by the same jurisdiction, not by multiple jurisdictions.
True
The definition of obscenity varies from community to community.
True
The fact that a defendant cannot pay the amount of bail set by a court does not mean the bail is excessive and violative of the Eighth Amendment.
True
The guilty but mentally ill verdict requires that a defendant receive mental health treatment while serving his or her sentence.
True
The presumption of innocence includes the right of a defendant not to appear before the jury physically restrained.
True
There is no constitutional requirement that a warrant be obtained to conduct an arrest in a public place.
True
Today, the United States Constitution plays a greater role in criminal procedure than it did 50 years ago.
True
Under the Eighth Amendment's Fines Clause, fines must be proportionate to the offense committed.
True
Under the International Chiefs of Police Code of Conduct, police officers are expected to attempt to obtain maximum public cooperation when enforcing the laws
True
Under the Model Penal Code, a defendant who is charged with larceny may be convicted of embezzlement at trial.
True
Under the common law, it was not rape for a husband to physically force his wife to have sex with him.
True
While a state may increase civil liberties protections beyond what is provided by the United States Constitution, it may not lessen those protections provided by the United States Constitution.
True
A state criminal statute requires the imposition of the death sentence for all murder convictions. The statute is
Unconstitutional
Under federal law, arrestees are to be taken before a magistrate
Without unnecessary delay
In Graham v. Connor, 490 U.S. 386 (1989), the United States Supreme Court held that all excessive force claims against law enforcement officers should be analyzed under...
a Fourth Amendment reasonableness standard.
Which of the following must be provided to the defendant before trial under the Brady doctrine? The defendant is charged with murdering a victim with a knife.
a knife found at the scene of the crime that has the fingerprints of another person on the handle
Before a "Terry" investigatory stop may be made, an officer must have
a reasonable suspicion that criminal activity is afoot.
Bill has been appointed conservator for his mother. His sister, Marge, devised a scheme to steal their dear old mother's savings. Marge presented the plan to Bill and encouraged him to steal the money. He did so and split the proceeds with Marge. Marge is best described as a(n)...
accessory before the fact
The mens rea element of receiving stolen property has two aspects. First, there must be an intent to deprive the owner of the property. Second, the prosecution must prove...
actual knowledge that the property was stolen.
A court of general jurisdiction has the authority to hear
all cases arising under state law, whether civil or criminal.
When issuing a warrant, a court may consider
all credible evidence presented regardless of whether it is admissible at trial.
A defendant who is disorderly and disobedient may be
all of the above
Today, nearly every jurisdiction punishes...
all principals and accessories before the fact equally and accessories after the fact different from all others.
At common law, a person who helped a fugitive from justice hide from law enforcement was guilty of being...
an accessory after the fact
Jeff has been arrested. He was Mirandized, and he requested to see his lawyer. After his attorney left the jail, the police questioned Jeff concerning the crime. During the questioning Jeff made incriminating admissions. Those admissions
are inadmissible because his counsel was not present.
The Jencks Act, 18 U.S.C. § 3500, permits defendants to inspect and copy statements of prosecution witnesses
at trial after the witness has testified.
The burden of proof in criminal cases is...
beyond a reasonable doubt
The Model Penal Code test for insanity is than the M'Naghten test.
broader (more defendants will be successful)
The process of seizing evidence, storing it, recording its movements and uses, and producing it for trial is known as
chain-of-custody/preservation.
In the 1997 case Kansas v. Hendricks, the Supreme Court held that a sex offender may be...
civilly committed after being released from prison so long as the offender suffers from a mental illness that causes him or her to be a danger to others.
The Sixth Amendment guarantees counsel at all
critical stages of proceeding
Criminal mischief commonly refers to what actus reus?
destruction of property
The purpose of a preliminary hearing is to
determine whether probable cause exists.
Generally, the purpose of the grand jury is to
guard against unfair and arbitrary government prosecutions.
In Mapp v. Ohio (1961), the Supreme Court of the United States held that under the Fourth Amendment
illegally obtained evidence is inadmissible in criminal trials in state courts.
Samra is ordered by a court to discontinue striking her employer by July 3. Samra refused to comply and appeared before the judge on July 5. After a stern lecture from the judge, Samra agreed to return to work. However, the judge believes that Samra should be punished for her behavior. What offense has Samra committed?
indirect criminal contempt
Which of the following (A, B, or C) is not an element of the crime of international terrorism as defined by the federal government? It is an act that if committed in the United States would have been a federal or state crime and appeared to have intended to do one of the following:
intimidate or coerce a civilian
Which of the following is not an element of the federal Continuing Criminal Enterprise Act (CCE)?
involving international transportation of drugs
At common law, it was...
irrebuttably presumed that a person under the age of seven was incapable of criminal conduct.
The Model Penal Code...
is a code drafted by scholars with the hope that the states would consider its ratification.
A court of record is one that
keeps verbatim records of its hearings and trials.
Assume that John fired a gun at Pat, intending to injure but not kill her. However, because of his poor aim, he fatally hit her in the ear. Under the Model Penal Code, he acted...
knowingly
Miller v. California, 413 U.S. 15 (1973), changed the law of obscenity. One element of the prior obscenity test required that the material be "utterly without redeeming social value." This was changed by Miller to...
lacking in serious literary, artistic, political, or scientific value.
A bill of attainder is a(n)...
legislative act punishing a person without trial.
The open fields doctrine
limited Fourth Amendment protection to only the area immediately around a person's home.
Concurrence refers to the joining of...
mens rea and actus reus
Under the Model Penal Code, which of the following states of mind never satisfies the mens rea requirement for murder?
negligent
The First Amendment protected Gregory Johnson's burning of the United States flag because...
none of the above
Under the Model Penal Code, a person may...
not resist an unlawful arrest
In United States v. DeLuca, 137 F.3d 24 (1st Cir.1998), the use of anonymous juries was held to be
permissible in extraordinary situations provided the trial takes measures to minimize the harm to the defendant.
The burden of proof in most civil cases is...
preponderance of the evidence
The purpose of a motion in limine is to
prevent opposing counsel from mentioning or asking questions concerning a particular subject.
Bill has been appointed conservator for his mother. His sister, Marge, devised a scheme to steal their dear old mother's savings. Marge presented the plan to Bill, and he agreed to proceed. Bill and Marge went to Mother's bank, and Bill used his status as conservator to gain access to Mother's safe-deposit box. While Marge waited outside the vault with the bank officer, Bill removed all of the money, jewels, and stock certificates in the safe-deposit box. Later the two split the contents. Marge is best described as a(n)...
principal in the second degree
The exclusionary rule
prohibits the admission at trial of evidence that was obtained illegally by law enforcement.
Under the Model Penal Code, the mens rea of attempt is...
purposeful and knowing
At trial, a conclusion that must be made by judge or jury until disproved is a(n)...
rebuttable presumption.
Which of the following is the least desirable goal of criminal law?
retribution
As a search incident to arrest, an officer may
search the defendant and all areas within the defendant's immediate control.
If a defendant does not intend to kill but does intend to inflict serious bodily injury, he or she is guilty of __________ if the victim dies.
second-degree murder
At common law, the mens rea of attempt was...
specific intent crime
Vital to the existence of common law is the concept of...
stare decisis
So-called rape shield laws prevent...
the admission of evidence concerning a rape victim's sexual history in most circumstances.
The "Leon" exception to the warrant requirement allows
the admission of evidence seized pursuant to an invalid warrant executed in good faith by law enforcement.
Corpus delecti is best defined as...
the body of a crime
Assume that a defendant is accused of killing a person using a knife. He is tried in a jurisdiction that recognizes the deadly weapon doctrine. At trial, this means that...
the defendant may be convicted of first-degree murder or a lower murder.
The key to the subjective test for entrapment is...
the defendant's criminal history and the predisposition of the defendant
Which of the following best describes the responsibility of the executive branch in criminal law?
the detection, investigation, and prosecution of criminals
Separation of powers refers to...
the division of power between the executive, legislative, and judicial branches of government.
A violation of the Miranda decision results in
the inadmissibility of any statements made.
Judicial review is best defined as...
the power of the judicial branch to review the actions of the executive and legislative branches.
For prosecution under the federal RICO statute to occur, a "pattern of racketeering activity" must be proved. A pattern is...
two or more predicate acts.
A statute that makes it a crime to be addicted to drugs is...
unconstitutional, as it violates the Fourteenth Amendment's Due Process Clause and the Eighth Amendment's Cruel and Unusual Punishment Clause.
A state statute states that corporate officers are liable for violations of their product safety laws even if the duty to comply with those laws is delegated to company employees. This is an example of...
vicarious liability
If a defendant has committed a homicide resulting from mutual combat with the victim, he or she is guilty of...
voluntary manslaughter.