SPEA-J 301 FINAL
Which statement about the "castle" doctrine is true?
Under the "castle" doctrine, a homeowner's right to use lethal force in his home or property varies by state and circumstances of the incident.
The officers accused of beating Rodney King were tried under both federal and state law. Why did this not violate the Double Jeopardy Clause?
Under the "dual sovereignty" doctrine, different governments may each file separate criminal actions for the same criminal act.
Which of the following is NOT one of the three major branches of government?
Federal branch
The "Due Process Clause" is part of which amendment to the Constitution?
Fifth Amendment
Juvenile curfew and truancy laws, if found unconstitutional, would be struck down on the basis of the ______ Amendment.
First
What is the difference between general intent and specific intent?
General intent shows intent to do a forbidden act, whereas specific intent shows a purpose that accompanies the intent.
Which of the following is TRUE if the defendant does not understand the charges and proceedings against him?
He cannot be deemed competent to stand trial.
Which of the following is TRUE of a member of the U.S. military who commits a crime while overseas?
He is subject to prosecution before both the Uniform Code of Military Justice and foreign courts.
On what grounds was a diplomat successfully prosecuted for murders committed in the United States?
His home country agreed to a request to waive his diplomatic immunity.
Which of the following is NOT true of the accomplice to a crime?
His punishment is the same as that for a party who aids the principal after the crime.
Which of the following is always TRUE?
If specific intent exists, then so does mens rea.
Which of the following was the essence of the Supreme Court's decision in Lockyer v. Andrade?
In cases of non-violent crimes, "three strikes" laws are constitutional.
What is the key difference between motive and intent?
Intent is the mental purpose or design to commit a specific act, whereas motive is the cause, inducement, or reason why an act is committed.
Which of the following is TRUE of an overt act to prove a conspiracy?
It can be virtually any act.
Which of the following is true of using the impossibility of committing a crime as a defense for conspiracy?
It can never be used.
Which of the following is TRUE of an activity that is entirely within a single state?
It can only be regulated by the state or local communities.
What was the significance of the Treaty of Rome?
It created the world's first permanent war crimes court.
What does the federalist system do?
It gives powers to the states.
Although many states have used Florida's 2005 "stand your ground" law as a model, why do critics believe the law should be repealed?
It grants people on their own ground more rights to use deadly force than police officers have.
Why have federal courts ruled that the Fourth Amendment places limits on the force police officers may use during an arrest?
It guarantees the right to freedom from unreasonable seizures.
Which of the following is true of the "substantial capacity" test?
It has been adopted by about half of the states.
Which of the following is TRUE of competency to stand trial?
It has been codified in state and federal statutes.
Which of the following is TRUE of using compulsive gambling as a defense against criminal charges?
It has never been reported that it was done successfully.
Which of the following is TRUE of Furman v. Georgia?
It invalidated death penalty statutes in 41 states.
Which of the following is TRUE of a common design?
It is a spoken or unspoken conspiracy to commit an unlawful act.
Which of the following is FALSE of protected speech?
It is an absolute right.
Which of the following is NOT true of the crime of solicitation?
It is committed only when one person gets another person to commit a crime.
Which of the following is NOT true of the "year-and-a-day" rule?
It is just a dated version of the "strict liability" rule.
Why is the writ of habeas corpus important?
It is necessary for post-conviction reviews by the Court.
In which of the following ways is the Cruel and Unusual Punishment Clause similar to the other great clauses of the Constitution?
It is not susceptible of precise definition.
Which of the following is TRUE of the right to assemble?
It is protected by the same amendment that protects free speech.
Which of the following is NOT true of intent?
It is the cause or reason why an act is committed.
Which of the following is TRUE of those charged with a misdemeanor?
It is usually not the result of a citizen's arrest or in the absence of a law enforcement officer.
Which of the following is TRUE of aiding and abetting?
It requires both an act and a mental state.
Which of the following was TRUE of the death penalty at the time the U.S. Constitution and the Bill of Rights were ratified?
It was widely accepted.
What power do judges in the United States rely on for determining the constitutionality of laws or ordinances?
Judicial review
Which of the following is TRUE when one of the conspirators to a crime abandons the conspiracy before the crime is committed?
The crime of conspiracy is nonetheless complete, and all parties are still guilty of conspiracy.
Why did the Supreme Court make an exception to the principle that "ignorance of the law does not excuse" in the case of a woman who failed to comply with a Los Angeles law requiring ex-convicts who moved to the city to register?
The defendant had not been given due notice of the law.
In cases of parents whose religious beliefs prohibited medical treatment and/or dictated faith healing, which statement is the most accurate?
a. Even in states whose statutes have faith-healing exceptions, if the child died, it may still be homicide.
Which of these correctly describes most state laws today regarding the crime of false imprisonment?
a. False imprisonment includes restraint without moving victims to another location.
Which of the following choices contains something that a court has ruled could NOT be considered a deadly weapon during an assault?
a. Fists, feet, and teeth
Which of the following BEST represents the overall picture of illegal and illicit drug use and abuse in the United States today?
a. Illegal and illicit drug use and abuse is on the rise over the past ten years.
Which of the following distinguishes robbery from extortion?
a. In robbery, the victim must immediately comply with the criminal demand to avoid harm. In extortion, future compliance is demanded to avoid future harm.
What is the chief criticism of extraordinary rendition?
a. It allows the United States to circumvent laws against torture.
What limit did the case of United States v. Banki place on the application of regulations prohibiting transfers of money to and from Iran?
a. It held that noncommercial intrafamily transfers could not be prohibited.
First-degree murder is often defined as "unlawful homicide with malice aforethought." What does "malice aforethought" most accurately mean?
a. It means simply that the killing was premeditated.
What happened to the number of illegal immigrants in the U.S. during the decade 1997-2007?
a. It more than doubled.
According to the author of Washington State's homicide by abuse statute and the authors of your textbook, what is a requirement of this recently enacted law?
a. It requires proof of extreme indifference to human life.
Why have the courts held that civil commitment of sexual predators does not violate the Double Jeopardy Clause?
a. Its purpose is treatment rather than further punishment.
Which of the following occurred in the years immediately following the decision in Gonzales v. Raich?
a. Law enforcement agencies conducted many "raids" on medical-use marijuana suppliers and users.
How do most state terrorism laws compare to those passed by the federal government?
a. Most state terrorism laws have elements similar to those passed by the federal government.
Helen hadn't even noticed her pocket was picked and the $100 bill was gone from it until three hours after she had been in the crowd of thousands of people in the busy village square. Was this crime a robbery?
a. No, because no force was used.
Which condition applies to using the doctrine of transferred intent for first-degree murder conviction where only an accidental victim died?
a. Premeditation can be proven by transferred intent if killing the intended victim was premeditated.
Which of the following is always required by the corpus delicti rule in criminal cases?
a. The crime that the defendant is charged with was the crime that was really committed.
In which of the following situations could the doctrine of imperfect self-defense apply to manslaughter?
a. The defendant killed and unreasonably believes it was necessary.
What is the status of the definition of terrorism under international law?
a. The international community has not yet agreed upon on a definition.
What were the grounds for overturning the Child Pornography Prevention Act (CPPA), which made all depictions of sexual conduct between children illegal?
a. The law was too broad in scope.
Which of the following BEST shows what distinguishes defiant trespass from trespass?
a. The trespasser stayed standing on Tom's land even after Tom asked him twice to leave.
What is the standard used to determine whether a rapist used "forcible compulsion"?
a. The victim must have feared bodily harm.
Which of the following is TRUE of the "Compassionate Use Marijuana" statutes that roughly half of the U.S. states have adopted?
a. They allow doctors to prescribe marijuana for pain management.
________ is a wrongful intrusion on the land or into the premises of another person.
a. Trespass
Which of the following distinguishes wire fraud from bank fraud?
a. Wire fraud requires the use of telephone lines.
Insider trading usually involves which of the following?
a. a person with some fiduciary responsibility
Which of the following must a "scheme or artifice" include?
a. a plan to deprive another of the intangible right to honest service
Workplace violence can appear serious from media presentations. Recent OSHA statistics show which of these is in the minority of violent workplace incidents?
a. being killed by a co-worker
When someone opens multiple bank accounts in order to write checks and "float" themselves money they don't possess, this process is known as _________.
a. check kiting
According to the Supreme Court decision in United States v. Hassan, proof of possession may be satisfied by which of the following?
a. constructive possession
What is the most common way for a thief to obtain a credit card?
a. counterfeiting cards
Which is the following is not a category of crime under the rules of war?
a. crimes against nature
Which of the following would most likely be prosecuted as a class B felony?
a. date rape
Contempt that occurs in the presence of the court is called ____.
a. direct
Which of the following is not a "predicate act" for purposes of the RICO statute?
a. drug use
Which of the following are bribery prosecutions often coupled with?
a. extortion charges
Which of the following does the textbook not mention as having resulted in prosecution for violations of the Travel Act?
a. fleeing the country to avoid prosecution
Which of the following BEST describes the "three strikes and you're out" laws of the 1990s?
Those convicted of any three felonies would serve life in prison.
Say you receive a telephone call stating that it's your bank and asking you to verify some information. Later, you find out the call was used to steal your information. What kind of taking does this fall under?
a. fraud
It is clear that the fact that a firearm used by a robber is unloaded is ________ to a conviction for armed robbery.
a. irrelevant
To qualify as a home invasion robbery the action usually requires that a person _______.
a. is inside the home at the time of the crime
Which of the following provisions in Arizona's immigration law was upheld by the Supreme Court?
a. requiring state officers to check with ICE to determine the immigration status of persons lawfully detained
Which of the following is typically NOT considered by a court determining the value of stolen property?
a. sentimental value of the property
Which of the following is always tied to fraud?
a. some sort of cheating
Most states have adopted language in their armed robbery statutes which require proof only that the defendant appear to have a deadly weapon. Which type of approach is this?
a. subjective
What does the "usable quantity" rule contend?
a. that possession of an amount of a substance too small to "use" is not punishable
Which of the following does the FDA require a firm or person to show if they wish to market and sell a drug in the United States?
a. that the drug or medication is not harmful to humans
What statute is used for federal bribery prosecutions?
a. the gratuity statute
What was the main legal issue in United States v. Santos?
a. the meaning of the term "proceeds"
To decide whether an assailant's hands are a deadly or dangerous weapon or not, in those states that accept human body parts as a deadly or dangerous weapon, a judge and/or jury must consider which of the following factors?
a. the severity of the injuries the victim had
What is the only crime defined in the United States Constitution?
a. treason
A sexual offender may not be held in civil commitment unless he is proven to be dangerous and has
a. trouble controlling his behavior.
When is a civil order of confinement normally lifted?
a. when compliance with the order either occurs or clearly cannot occur
When does purse snatching or pickpocketing become robbery?
a. when force is used during the commission of the crime
Which distinction do federal courts make to define malicious wounding as opposed to mayhem?
a. whether the victim was permanently disfigured
Unless a presumption is overcome with other evidence, judges and jurors must do what?
accept the presumption as true
Child pornography is defined as possessing materials that depict a(n) ______ child or children engaged in a sexually explicit act.
actual
To constitute a verbal offense, "fighting words" must be which of the following?
addressed to a person face-to-face
True threats can come in which of the following forms?
all of the above
In United States v. O'Brien (2010) the Supreme Court stated that a fact was a "sentencing factor" only if it was not _______.
an "element" of the offense charged
Which of the following is NOT one of the terms used to describe one who is knowingly involved in or connected with the commission of a crime either before or during its commission?
an accessory after the fact
Who, among the following, is a stalker?
an ex-boyfriend who follows and spies on his ex-girlfriend against her will
Who is subject to the Uniform Code of Military Justice?
any person who enters U.S. military service
In which of the following ways are crimes in the United States NOT classified?
as regulatory crimes
The most frequently charged of the preliminary crimes is _______.
attempt
All new death penalty statutes provide for which of the following?
automatic appeal of death sentences
Money laundering accounts for what percentage of the world's gross domestic product?
b. 2 to 5 percent
When did Arizona pass its own law aimed at illegal immigrants?
b. 2010
What percentage of illegal immigrants arrive legally but then overstay their visas??
b. 30
Which statement about court rulings on statutory rape is true?
b. A minor must be at least 16 to give legal consent to sexual intercourse.
Who began the codification of the rules of war?
b. Abraham Lincoln
Which of the following is most correct regarding assault and battery?
b. Assault and battery are sometimes used together to represent one crime today.
Why is cocaine a particularly dangerous drug?
b. Because it is an unpredictable killer no matter what size dose is taken.
Why does the federal government have an important interest in bank fraud?
b. Because most banks are federally insured.
Which of the following is not an advantage of federal prosecution?
b. Federal prosecutors can offer blanket transactional immunity to a prosecutorial target.
Why was the defendant in State v. De La Portilla found to be in indirect contempt?
b. He failed to appear at a contempt hearing.
Which of the following situations would give a retail employee probable cause that a customer in their store had shoplifted?
b. If the employee sees someone take jewelry out of a display and put it in their bag.
What is a consequence of the designation of a group as a "foreign terrorist organization"?
b. It becomes a federal crime to provide material support to that organization.
Among industrialized countries, where does the United States rank in its proportion of child abuse and neglect cases?
b. It has the highest number.
Which of the following is NOT true?
b. It is not a crime to operate a motor vehicle while intoxicated if you feel "in control."
Which of the following is NOT true of robbery?
b. It requires some form of bodily injury caused.
What is the difference between someone noticing the bank gave them too much money and spending that money and someone noticing the bank gave them too much money and not doing anything?
b. It's harder to prove a taking in the second case even if the second person never meant to notify the bank.
What is the most essential difference between the crimes of kidnapping and hostage taking?
b. Kidnapping, not hostage taking, requires movement of the victim.
What's the difference between market value and retail value?
b. Market value is the generally accepted cost of the item and retail value is how much it would cost at the store.
What differentiates gangs from organized crime?
b. Organized crime tends to have a more structured leadership arrangement.
On what grounds did the Colorado Supreme Court rule that only past reports of rape that had been proved false were admissible?
b. Prior false reports of rape could be very prejudicial.
Which of the following is not an accurate statement?
b. Removal laws are now called deportation laws.
What is a distinction made between criminal and non-criminal participation in assisted suicide?
b. Removing life support on patient/family request is not providing the means of death.
How does the "money" rule act as an exception to the rule that you cannot lawfully buy stolen property?
b. Someone who receives money in good faith and for given value takes title to the money.
What characterizes the United Nations' approach to defining terrorism?
b. Specific types of terrorist activities are outlined in conventions, and member states must then outlaw the specified activities.
Which of the following conclusions can be drawn from the July 2012 National Counterterrorism Center report about terrorist attacks in 2011?
b. The Taliban committed more terrorist attacks, but Al-Qaeda and its affiliates killed more people.
What changed in the United States' fight against terrorism after 9/11?
b. The U.S. began fighting without the formal support of the United Nations.
Which statement about the definition of aggravated rape is true?
b. The definition of aggravated rape varies from state to state.
Which is an accurate description of the doctrine of transferred intent?
b. The killer is equally guilty if s/he killed someone other than the intended victim.
According to the text, the New York Hate Crime Act of 2000 (and other similar state statutes) requires which of the following with respect to hate crimes?
b. They must be motivated by defendant perception of victim characteristics.
Regarding the "movement" requirement for kidnapping, which of these was decided in a court case described in your text?
b. Threatening to shoot a man unless his wife got money from a bank satisfied this requirement.
In which case did the Supreme Court first consider the right to appointed counsel in civil contempt proceedings?
b. Turner v. Rogers
How is it possible, in some states, for one person to be convicted on two or three or even four counts of home invasion robbery if only one break-in occurred?
b. Two, or three, or four people were present in the house at the time of the robbery.
Can a person who had no specific intent to have sex with a minor be convicted of statutory rape?
b. Yes; specific intent is not required for conviction.
Which of the following is NOT an example of someone having lawful possession of property?
b. a friend borrowing your car briefly without your knowledge and returning it within the hour
Because burglary is a trespass, what else must take place?
b. an unlawful entry
Which type of fraud is the unauthorized use of ATM machines?
b. bank fraud
Under the old common law, burglary was punished by death. Because of this severe penalty, burglary required a(n) _______ under the common law.
b. breaking
Prosecutions under 18 U.S.C. Section 1957 require defendants to know that the money being transferred is over $10,000 and _____.
b. came from illegal activities
The federal fraud statutes leave it to _______ to determine whether a "scheme or artifice" exists.
b. courts
If someone has been apprehended by police for shoplifting, which of the following actions could likely turn their case into a criminal charge?
b. escaping police custody
Intellectual property generally means property rights in ________.
b. ideas
What must be proven to convict someone of voluntary manslaughter?
b. intent to kill
Which types of homicides do not involve any guilt by the persons who committed them?
b. justifiable homicides
If you do not have probable cause to believe someone has shoplifted and so cannot detain them, what course of action could you take instead?
b. keep them under observation
The most common criminal illegal drug charge is that of ________.
b. possession of a controlled substance
If a woman gave birth to a baby she was unable or unwilling to care for, which would be the first line of defense among U.S. laws enacted to protect children?
b. safe haven law for babies
Exceptions to rape shield laws are defined by ______ law.
b. state
When a fictitious person's name or fictitious Social Security number are being unlawfully used, this is an example of which type of identity theft?
b. synthetic identity theft
In cases of domestic violence against women, abusive partners move through a typical cycle of violence. Which choice lists the phases of this cycle in the correct sequence?
b. tension-building, acute-battering, honeymoon, repeat
What was Congress's first attempt to prevent criminals from laundering money through financial institutions?
b. the Bank Secrecy Act
Which of the following clauses was invoked in Gonzales v. Raich?
b. the Commerce Clause
What example shows how the shortage of funds can limit the damage done by a terrorist attack?
b. the first attack on the World Trade Center
Which of the following is a key component in most insider trading prosecutions?
b. the use of a manipulative or deceptive device or contrivance
Reports of fraud and corruption date back how far?
b. to biblical times and early civilizations
What is bail jumping?
b. when a defendant free on bail does not appear at a subsequent hearing
Under the "deadly weapon" doctrine, what factor does a jury NOT consider during a murder trial to determine whether an object was a deadly weapon or not?
b. when an object was used
Before a person may be convicted of a crime that requires proof of mental fault, the government must prove, ________, the external physical act and the internal mental element.
beyond a reasonable doubt
In the case of adults, in most states a defense of insanity requires the defendant to prove insanity by which of the following measures?
by a preponderance of the evidence
What year marked the beginning of a concentrated federal and state effort against criminal organizations like the Mafia, an effort that included passing the RICO statute?
c. 1970
At least how many states have adopted antiterrorism laws?
c. 24
How could providing widespread amnesty, as the United States did in 1986, actually increase the number of illegal immigrants in the country?
c. After immigrants gained legal status, family members came to the U.S. illegally to join them.
Which of the following is TRUE of the .08 blood-alcohol content (BAC) limit for operating a motor vehicle?
c. All fifty states have set this as the limit.
Which of the following is TRUE of the current relationship between state and federal views of marijuana use?
c. All state laws making possession of marijuana legal run afoul of federal law.
Why does the United States need a definition of terrorism for criminal law purposes?
c. Because the United States Constitution prohibits vague definitions of criminal conduct.
Why are trade secrets protected?
c. Because the property they protect is made valuable because of the trade secret.
Which of the following statements properly distinguishes civil from criminal contempt?
c. Criminal contempt punishes people for what they have done; civil contempt compels them to do things.
________ is a crime of threatened force, fear, or violence.
c. Extortion
How do courts distinguish between gifts and bribes?
c. Gifts become bribes when they are given with the expectation of a specific quid pro quo from the official.
Which of the following accurately reflects a reason for a conviction of manslaughter rather than murder?
c. If it is not murder, the defendant's criminal behavior should still be punished.
Why was the Communications Decency Act, which prohibited any use of the Internet to make "indecent" material available to children, found to be unconstitutional?
c. It did not define "indecent" in a way that recognized First Amendment rights.
Which of these is true about the federal Parental Kidnapping Prevention Act of 1981?
c. It grants jurisdiction to the FBI when child snatchers cross state borders.
Which of the following is TRUE of burglary?
c. It is among the most frequently committed major crimes in the United States.
Which of the following is TRUE of the war against illegal drugs?
c. It is being fought on both the supply side and the demand side.
Among all U.S. state statutes that define a crime as battery, which pair of criteria applies most?
c. It must be unwanted physical contact, even if it causes no injuries.
Which of the following statements is most correct about the year-and-a-day rule?
c. It originated when cause of death could not be proven after longer times.
Which statement is most accurate about state legislation related to abuse of elderly persons?
c. Many states have statutes that treat elder abuse by caregivers as felonies.
Which of the following is an accurate statement about gang membership?
c. Nationally, gangs account for about half of all violent crimes.
Jake broke into an office building and stole several computers. Under the common law, would his crime be considered a burglary?
c. No, because it was not a "dwelling house."
Which of these correctly represents how criminal law determines murder and assisting suicide?
c. Providing means of death is assisting suicide; actively participating in death is murder.
What is MOST correct about how U.S. states today classify the crime of manslaughter?
c. Some U.S. states have one type, some two or even three; and others use degrees.
Which of the following is not a major difficulty with defining terrorism?
c. Terrorism is rarely committed by groups with definable objectives.
What is the current status of the PROTECT Act of 2003?
c. The Supreme Court overturned the pandering section and upheld the child pornography section.
Regarding Oregon's Death with Dignity law, which of the following statements is true?
c. The U.S. Supreme Court found it unreasonable to call the law drug abuse.
Why is child pornography treated differently than adult pornography?
c. The content of child pornography is not protected by the First Amendment.
Prior to 1970, why was it so difficult to prosecute the leaders of organized crime?
c. The lower-ranking members who committed the crimes would not testify against their leaders.
Under the federal robbery statute and the Supreme Court ruling in Whitfield v. United States (2015), which of the following is true if a fleeing robber forces someone to accompany him/her?
c. The punishment for the robbery is enhanced by this.
How are robbery and extortion similar?
c. They are both methods to obtain money or property illegally.
What is most likely about estimates of the numbers of American children who die as a result of abuse or neglect?
c. They are likely underestimated.
How were RICO and "little RICO" laws different from those that had come before?
c. They focused on the conspiratorial nature of organized crime.
Which of the following BEST describes the "booze it and lose it" laws?
c. They give the police the authority to immediately seize the driver's license of people who fail or refuse blood alcohol tests.
How do rape shield laws encourage the reporting of sexual assaults?
c. They protect victims from having to defend their entire sexual history in court.
Which of the following cases found a lack of federal RICO jurisdiction over the defendants?
c. Waucaush v. United States
If Marjorie posts a sign at the edge of her property that says "PRIVATE PROPERTY, NO TRESPASSING," is anyone who walks onto her land at night and in view of the sign committing "defiant trespass"?
c. Yes, because they had been notified by the sign not to trespass.
Is discussion of the victim's specific sexual behavior ever admissible under rape shield laws?
c. Yes; such evidence may be used to prove that another person was the source of physical evidence.
Which of the following is not part of the standard elements of terrorism under most state laws?
c. advocating the overthrow of the government by force or violence
Which of the following would be protected by intellectual property laws?
c. an invention
The ________ analysis under the federal drug-induced death statute appears to be different from the interpretation of many of the state statutes.
c. causation
Where did most of the money come from that was used to finance the 9/11 attack?
c. charitable donations that were then funneled to the terrorists
What word or phrase led to a finding of criminal contempt, later reversed by the Supreme Court, in Eaton v. City of Tulsa?
c. chicken s***
Which of the following is a good way to ensure the safeguarding of your checks?
c. do not sign blank checks
Which of the following does your text NOT cite as a common condition leading to "road rage"?
c. drunken driving
Which of the following BEST represents the one term that separates robbery from common theft?
c. force
Which of the following is NOT an example of bank fraud?
c. income tax evasion
Which common law classification of murder is found both the most serious and the most common?
c. intent-to-kill murder
What is the term for returning a portion of the purchase price in a sales transaction to the buyer?
c. kickback
As a result of the federal Control Substances Act, when states adopted their own controlled substances acts they usually included the requirement that the possession be done _______.
c. knowingly
What legal rule was summarized by the Supreme Court as "the tie must go to the defendant"?
c. lenity
Which of the following does the textbook not list as a crime committed by public officials and others?
c. misprision of misdemeanor
Armed robbery carries penalties that are ________ those for simple robbery.
c. more severe than
Which of the following, if present, would NOT be enough for a conviction in a fraud case?
c. negligent conduct
Which of the following is an example of theft by possession of stolen property?
c. receiving a CD from someone who you know stole it
What are the two important rights to property that underlie property theft crimes?
c. right to possession and right to ownership
Which of the following situations would NOT be an example of forgery?
c. signing someone else's check with your own name
In what instances have the Justice Department and all 94 U.S. attorney offices most recently permitted states to pass recreational-use marijuana laws?
c. so long as they have strict public health and safety policies attached
What constitutional provision did the Supreme Court say was violated by the Arizona law in County of Maricopa v. Lopez-Valenzuela?
c. substantive due process
When someone takes a lower price tag and places it on an item that in reality costs more, this is known as _________.
c. tag switching
Which of the following is not a way terrorists have typically financed their activities?
c. tax evasion
Which of the following did the Supreme Court find in its 2005 Gonzales v. Raich decision?
c. that the federal government had the power to prohibit the use of marijuana for medical purposes
If someone were charged with assault or battery, and that person's defense was that the behavior was necessary to prevent the victim from committing suicide, your textbook classifies this as which type of defense?
c. the behavior was necessary and lawful
Which of the following is NOT one of the primary criminal laws aimed at intellectual property fraud?
c. the federal bankruptcy act
Which of the following is not an essential part of Michigan's terrorist threat statute?
c. the threat being of mass casualties
Which of the following is not a typical way that money is laundered?
c. through tax refunds
When, in insider trading, an outsider acquires important information from an insider, this is called a(n) ________ situation.
c. tippee
When may evidence of past sexual contact between the victim and accused be introduced in a rape trial?
c. when it is offered to prove consent
Courts and legislatures today use which criterion to establish that a homicide victim is legally dead?
c. when the victim's brain activity ends
What was the key issue on which federal courts divided prior to the Supreme Court's ruling in Cuellar v. United States?
c. whether convictions under the transportation portion of the money laundering statute required proof that the defendant intended to give those funds the appearance of legitimacy
What central issue often arises when a state attempts to pass an immigration law?
c. whether the state's law is preempted by federal law
Which of the following would have been considered theft under the original understanding of theft under common law?
clothes
Which of the following make up the two prongs of the M'Naghten rule?
cognitive incapacity and moral incapacity
Which of the following BEST defines delinquency?
conduct by a child that, if committed by an adult, would be a criminal violation
Most states have specific _______ requirements in their general solicitation statutes.
corroboration
In addition to the Commerce Clause, the federal power to pass criminal laws can be divided into three general classes. Which of the following is NOT one of those three classes?
crimes committed by former violators of federal laws
Within the Model Penal Code, drafted by the American Law Institute, there are minimum requirements of _______.
culpability
Why are many identity theft prosecutions under federal laws?
d. Because it is common to use stolen identity documents in computers or the mail system.
Which president began the practice of "extraordinary rendition"?
d. Bill Clinton
Why would federal bribery laws not apply to an illegal payment made between private citizens?
d. Bribery requires that the payment be given to a public official.
What limits the transaction cost of the Hawala system?
d. Costs are lower because the money is not physically or electronically transferred.
Why did the Supreme Court allow testimony about a victim's sexual history in the case of a defendant who claimed a woman falsely accused him to protect her relationship with her boyfriend?
d. Excluding the evidence violated his constitutional right to reasonable cross-examination.
Under which conditions can proximate cause apply to a victim's death to convict a defendant of murder?
d. It applies to direct and indirect results and chains of events, e.g., assault causes illness, then death.
Which of the following is NOT true of burglary?
d. It can be committed only after force is used to gain entry.
If the person taking property believes it to be abandoned, is that enough to keep them from being charged with theft?
d. It could work, but some states' laws dictate the owner has to show intent to abandon in order for the property to be truly abandoned.
What is true about the "born alive" requirement?
d. It has been abandoned by the majority of U.S. states.
Which of the following is TRUE of armed robbery?
d. It is an aggravated form of simple robbery.
Which of the following is NOT true of white-collar crime?
d. It is characterized by force and violence.
What is true about the U.S. development of the first-, second-, and third-degree murder system?
d. It is used in plea bargaining and for death or life in prison with first-degree.
Which of the following is NOT true of the first drug law enacted in the United States?
d. It was among many restrictions on drugs in the United States.
Which of the following developments addressing the problem of child abuse is true in ALL states of the U.S.A.?
d. Mandatory reporting laws require certain occupations to report suspected child abuse/neglect.
Would a criminal possessing a gun and entering an empty house during the daytime through an open window to steal personal property inside of the house have been guilty of burglary under the old common law?
d. No, because he or she would have entered the house without a "breaking."
How do U.S. courts and legislatures today define the scope of the felony murder rule?
d. Someone is killed during commission of certain felonies.
What must occur for courts to uphold a judge's summary ruling of contempt?
d. The contempt must occur completely in the judge's presence.
On what grounds did the Supreme Court overturn a charge that a man who stored pictures of a child's genitals on his cell phone distributed pornography?
d. The images were not stored in a way that allowed others to access them.
Which statement about the Child Online Protection Act (COPA) is true?
d. The law was ruled unconstitutional because it did not use the least restrictive means to protect minors from harm.
Among millions of child abuse cases in the United States, what accurately reflects a statistic?
d. The majority of cases involved children younger than 5 years.
Which of the following is TRUE of cases of purse snatching and pickpocketing in the United States?
d. The majority of them are not robberies.
In which of the following ways is "white-collar" crime a deceptive name?
d. The name is not, necessarily, descriptive of the criminal's identity.
Which of the following is true about Oregon's Death with Dignity law?
d. The patient who qualifies must then wait 15 days before committing suicide.
To what extent must a person be able to carry out their threat in order to be convicted under state antiterrorism laws?
d. The person need not have the capacity to carry out their threat.
Why are victims of statutory rape considered to be incapable of giving consent?
d. They are under the age stated by the state criminal code.
What is the Supreme Court's standard on detention of aliens after the entry of a removal order?
d. They cannot be detained beyond a "reasonable time."
Which of the following is TRUE of home invasion robberies?
d. They differ from burglary in that there is a threat or use of force present.
What's the benefit to giving merchandisers and retailers the authority to have shoplifters sign agreements under civil settlements to pay fines and take responsibility?
d. This approach bypasses cops and court systems and the shoplifter avoids a criminal record.
The usual elements incorporated into robbery statutes by the states include all EXCEPT which of the following?
d. a brandishing of a weapon
In the wake of the Gonzales v. Raich decision, what seems to be the prevailing view of the prerequisite for federal jurisdiction under RICO?
d. a minimal effect on interstate commerce
What level of structure is necessary for a group to qualify as a "criminal enterprise"?
d. an ascertainable structure
What, exactly, is a "quid pro quo" in a fraudulent practice case?
d. an exchange of some official act for some promised payment
Which of the following is NOT among the frequent problems college students face related to alcohol consumption?
d. arrest and prosecution
Among responses to domestic violence, which did New York City's police commissioner find would be most effective, based on his own experience as a police officer and research findings?
d. arresting the offenders under city or state law or police discretion
How did Congress respond to the Supreme Court's decision in United States v. Santos?
d. by clarifying what the money laundering statute meant
Under rape shield laws, which evidence is likely to be admissible?
d. genetic material collected from the victim or defendant
Across all state statutes, which of the following is NOT an aggravating factor to constitute charges of aggravated battery?
d. having had the intention to commit a felony
After the Supreme Court's McNally decision, the definition of wire fraud was expanded to include a scheme to deprive another of _____.
d. honest services
What is a definitive way to prove credit card theft?
d. if the defendant is in possession of the stolen card
Which of the following is required for a conviction for criminal contempt?
d. intent
Which of the following is not a method illegal immigrants typically use to enter the United States?
d. marry an American citizen
Why would a U.S. citizen likely enter into a fraudulent marriage with a foreign national?
d. money
Which of the following items would NOT count as taking the "property of another" in the case of jointly owned property?
d. none of these
Suppose a state required both taking (caption) and carrying away (asportation) to count as theft. Which of the following acts could count as theft in that state?
d. picking up someone's dog, taking a few steps, and then dropping it
The FBI Uniform Crime Reports' 2014 Hate Crime Statistics show the biases motivating hate crimes. Which choice represents the proportions of each, from most to least?
d. race, sexual orientation, religion, ethnicity, gender identity, disability
Which of the following was included in cases with convictions of involuntary manslaughter?
d. reckless behavior causing a killing unintentionally
Which of the following would most likely NOT be considered "operating a motor vehicle" by a law enforcement officer or a court?
d. sitting alone in the passenger seat of a parked car that is not running
Under what circumstances is it possible to steal property that you own?
d. taking possession of your property when a bailee has the superior right of possession
Of what crime was Al Capone finally convicted?
d. tax evasion
A conviction under the criminal copyright infringement statute required proof not only that the defendant knew his actions were copying another person's work, but also _______.
d. that doing so violated the law
What law gave the federal government jurisdiction to act against terrorism toward the United States, even if such terrorism occurs outside its borders?
d. the Omnibus Counterterrorism Act of 1995
What part of the United States government designates groups as "foreign terrorist organizations"?
d. the State Department
Which historical event led to the first use of the word terrorism?
d. the actions of the republican government in France after the Revolution of 1789
The term white-collar crime is generally understood to refer to a class or type of criminal conduct whose only goal is ________.
d. the criminal's economic gain
Your text summarizes three "representative" state criminal laws addressing domestic violence in Nevada, Idaho, and Indiana. Which do all three state statutes share in common?
d. the criteria of committing assault and/or battery upon the victim
Rape is defined by the National Institute of Justice as vaginal, oral, or anal penetration achieved
d. through the use of force or threat of force.
What are the two types of identity theft?
d. true name theft and synthetic identity theft
Which of the following would not automatically trigger prosecution under federal statute 18 U.S.C. Sections 1341-1346?
d. using a credit card to commit fraud
At what point does a bad check result in the crime of uttering?
d. when it's introduced into circulation
For most courts, the question of what constitutes "operating" a motor vehicle is based on what?
d. whether some action has been taken to initiate the sequence of acts that activate the motor vehicle
On what issue did the Waucaush and Nascimento courts diverge?
d. whether the criminal activity affected interstate commerce
A defendant who claims to have been entrapped must prove that the government acted improperly and that the
defendant had no prior intention of committing the crime.
In which of the following areas is the relationship between tribal courts and federal laws unclear?
domestic violence
The rule about separate offenses prevents ______ punishment for the same crime.
double
In criminal prosecutions, use of presumptions and inferences can present _______ problems.
due process
The requirement that a person should exhaust all opportunities to escape before using deadly force is known as the ________.
duty to retreat
The police power is an inherent power vested in _______.
each state
What must the state do if it becomes unlikely that a defendant's competency to stand trial will be restored within a year?
either discharge the defendant or begin civil commitment procedures
When U.S. courts look at the capacity presumption, they usually hold that the younger the child, the stronger must be the _______.
evidence of mental capacity
Where a criminal charge is based only on a communication, most courts have applied the "fighting words" doctrine only where the communication is made _______.
face-to-face
The Federal Sentencing Guidelines apply to _______.
federal courts only
What are federal enclaves?
federally owned and controlled lands
The incidence of people who are found not guilty because of insanity and who then go on to commit other violent crimes after release from mental hospitals has caused several states to adopt the plea and verdict of _______.
guilty but mentally ill
How can a person be liable for the conduct of another?
if he or she is an aider and abettor to a person who committed a crime
Approximately how much of all of the land in the United States is owned and controlled by the federal government in the form of territories and federal enclaves?
one-third
The purpose of conspiracy statutes is to prevent and punish criminal _______.
partnerships
Many states have imposed higher standards for "fighting words" when they are directed at whom among the following?
police officers
Through the exercise of which of the following powers do states have the primary responsibility for maintaining public order and safety?
police powers
When presumptions and inferences enable a fact finder to conclude that some facts have been proved, these facts are referred to as _______.
predicate facts
Local, state, and federal governments in the United States cannot forbid or suppress speech and punish the speaker unless the speech ________.
presents a clear and present danger
In protecting the public against the depredations of criminals, criminal law's dual objective is also to _______.
prevent the conviction of the innocent
Which of the following phrases is a key part of the obscenity definition?
prurient interests
Today, criminal law in the United States is part of _______.
public law
Under common law, those who may use reasonable force to discipline a child include parents, legal guardians, foster parents and, in some states,
public school teachers.
The three criteria used to determine whether the use of force is justified are lawfulness, necessity, and ________.
reasonableness
Which of the following does NOT constitute obstruction of a law enforcement officer?
refusing to take a Breathalyzer test when pulled over by an officer
To say someone is a recidivist is to say they are a ________.
repeater
The principle of legality in American jurisprudence not only prohibits retroactive definitions of criminal behavior by judicial decision, it also _______.
requires statutory definitions of crimes be clear enough for reasonable people to understand them
One significant difference between the Graham case and the Miller case is the ______ that will occur.
resentencing
Which of the following is NOT protected by the First Amendment to the Constitution?
right to bear arms
The test established in Blockburger v. United States is called the _____ test.
same element
What is the legal term that means possession of a degree of knowledge about facts material to a conviction of a crime?
scienter
States often have which two types of solicitation statutes?
specific and general
Which of the following is considered to be speech protected by the First Amendment?
speech offensive to certain groups
The majority of states use which of the following tests to determine how the act requirement in attempt crimes is defined?
substantial step test
The most common form of employee theft from retail businesses is known as _________.
sweethearting
What has the Supreme Court ruled in recent cases regarding sentences of life imprisonment without parole for juvenile defendants?
that such sentences violate the Cruel and Unusual Punishment Clause
What did the Supreme Court hold in the famous case of District of Columbia v. Heller?
that the Second Amendment was a private right
Which of the following came directly out of the M'Naghten case?
the "right and wrong" test
What is the legal basis of the defense of double jeopardy?
the Fifth Amendment
Which amendment(s) to the U.S. Constitution give citizens protection from unlawful arrest?
the Fourth Amendment and the Due Processes Clauses of the Fifth and Fourteenth Amendments
What is the source of a U.S. citizen's right to a speedy trial?
the Sixth Amendment
What are procedural due process claims under the Fourteenth Amendment based on?
the absence of fair procedures regulating state conduct
Justice Oliver Wendell Holmes announced which of the following doctrines in the 1919 case of Schenck v. United States?
the clear and present danger doctrine
The "origin of intent" test commonly used to determine entrapment is based on ________.
the common law as interpreted by state courts
Of the choices below, which does the Geneva Convention forbid?
the deportation of people from their homelands to slave labor camps
Anti-cruising laws are examples of laws that might be challenged as violations of ________.
the freedom to assemble
The crime of conspiracy is _______ of the preliminary crimes.
the oldest
In which situation may an officer NOT use force to make an arrest?
the person being arrested cooperates
Which of the four Barker v. Wingo factors is the reason the Speedy Trial Act requires that a person indicted for a felony be tried within 70 days?
the prejudice resulting from the delay
Which of the following is probably the best-known and oldest presumption?
the presumption of innocence until proven guilty
Which of the following principles has the Court used to evaluate the constitutionality of a challenged punishment?
the proportionality principle
Causation problems are resolved by use of which of the following?
the proximate cause doctrine
What is the primary goal of juvenile courts?
the rehabilitation of delinquent youths
What determines whether testimony given by a witness under an immunity agreement may later be used against the witness?
the scope of the immunity agreement
Which of the following is NOT one of the generally recognized goals of the criminal justice system in the United States?
to promote judicial review of erroneous decisions
One reason the Constitution limits the number of times a person may be tried for the same offense is to prevent government harassment. What is a second reason identified by the Supreme Court?
to reduce the possibility that an innocent individual may be found guilty
Which of the following is the ONLY crime defined by the U.S. Constitution?
treason
In which type of trial would determining criminal responsibility involve the accused taking a pound of weight of red-hot iron into his or her hands or plunging his or her hand, up to the wrist, into boiling water?
trial by ordeal
What is the basis of the tests used to judge whether an officer used excessive force in making an arrest?
two Supreme Court cases, Tennessee v. Garner and Graham v. Connor
Under which of the following rules can all involved be punished when a number of people have a coordinated scheme to do an unlawful act?
under the common design rule
When setting up a sting operation, what may officers legally do?
use decoys to gather evidence against criminals
When does a defense of diminished capacity apply?
when a defendant does not possess the requisite mens rea
When is the right to a speedy trial activated?
when a person is officially accused of a crime
When is the use of a Taser considered unreasonable force in making an arrest?
when a significant level of force is not required to ensure compliance
When can causation problems in homicide crimes occur?
when a substantial time gap exists between the criminal act and the victim's death
In which of the following circumstances might a judge use the "willful blindness" rule when instructing the jury?
when an offender has chosen to deliberately avoid learning the criminality of his actions
When, in most states, has a person committed criminal conspiracy?
when he or she agrees with another person to engage in conduct that constitutes the offense
When does a threat become a crime?
when it is explicit and likely to result in imminent lawless action
When is evidence of intoxication or drug abuse permitted as evidence to be used in an insanity defense?
when it is shown the intoxication or drug abuse triggered a preexisting mental illness
When is it a federal offense to use military forces to execute the law?
when it is without specific congressional authorization
When would the FBI get involved in a kidnapping?
when the kidnapper is believed to have crossed into another state
Which of the following would be an example of speech that fails the clear and present danger test?
yelling "Fire!" in a crowded theater
Which of the following is TRUE of alcohol in the United States?
a. Alcohol is the most widely abused and misused drug in the United States.
What happened to immigration reform legislation in 2013?
a. Although it passed the Senate, it was never brought to a vote in the House.
Which of the following is TRUE in 2016?
a. Anyone can be arrested and brought under federal charges for possession of marijuana for any purpose.
Which statement about civil commitment of sexual predators is true?
a. Civil commitment of sexual predators is more costly than incarceration.
What is the main reason that charges are not filed in as many of 40 percent of rape investigations?
a. Corroborative evidence is lacking.
Why did those who formed the Constitution want to stray from English common law?
They wanted to obtain a better order of government more favorable to human liberty and welfare.
Regarding euthanasia, what most accurately reflects how it is treated legally?
a. Euthanasia is motivated by love or concern, but it is still considered murder.
Except as provided in Section 2.05 of the Model Penal Code, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly, or _______.
negligently
What was similar about the temporary criminal courts established in Nuremberg, Germany, in the 1940s and at The Hague, Netherlands, in 1993?
They were both formed to try leaders of war crimes.
Why are ex post facto laws considered unconstitutional?
They would violate the due process clause of the U.S. Constitution.
Which of the following is an example of a "status crime"?
a law against anyone being an active addict of a dangerous, illegal drug, such as cocaine
What is martial law?
a state of military control over civilian populations as declared by state or federal government
What is the main difference between a felony and a misdemeanor?
A felony is the most serious type of crime, whereas a misdemeanor is a less serious offense.
Which of the following is almost always true when a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime?
A law has not yet been violated.
Modern U.S. laws find their origin in _______.
English common law
Obscenity is ______ protected by the First Amendment.
never
Which of the following is TRUE of death penalty statute requirements of judges and juries considering the death penalty in any case, per recent Supreme Court rulings?
They must consider both aggravating circumstances and mitigating circumstances.
Which of the following is a key difference between "fighting words" and merely rude language?
"Fighting words" are likely to cause immediate public disorder, whereas rude language might only offend others.
What are ex post facto laws?
"after the fact" laws
Which type of law allows the occupant of a dwelling to use any amount of deadly force in self-defense?
"make my day" rule
The Latin maxim nulla poena sine lege means _______.
"no punishment without law"
How many Indian tribes has the U.S. Supreme Court recognized as "possessing sovereignty"?
310
How many states permit law-abiding citizens to carry concealed handguns?
49
Which of the following BEST describes the Pinkerton rule?
A co-conspirator can be held liable for crimes committed by another conspirator, even if the co-conspirator did not know about the other crime and did not agree to commit the other crime.
Which of the following actions would result in a defense to a conspiracy charge that is recognized and provided by the Model Penal Code?
A conspirator thwarts the success of the conspiracy with voluntary renunciation of the criminal purpose.
In which case is an honest mistake or ignorance of fact a valid defense?
A defendant remarried because she believed her divorce was legal even though her spouse failed to meet residency requirements of the state in which he filed for divorce.
How is diplomatic immunity considered an effective defense?
A diplomatic agent who commits a crime in the receiving state is generally exempt from prosecution.
What is the difference between actus reus and mens rea?
Actus reus describes the essential physical act for a crime to have been committed, whereas mens rea describes the essential mental requirement.
Which of the following can NEVER be a federal enclave?
All of the above can be federal enclaves
Why does Congress, instead of local authorities, have the full police power to enact a full criminal code necessary to maintain public order and security in Washington, D.C.?
Because Washington, D.C., is a federal territory.
Why has the irresistible impulse rule NOT been widely adopted?
Because courts and legislators have said it does not clearly define "impulse" and irresistibility."
Why, under common law, was a child under the age of 7 never criminally responsible for a crime he or she may have committed?
Because he or she did not have the mental capacity to formulate the intent to commit a crime.
Why is the standard of proof in most states on defendants to prove incompetency that of the "preponderance of the evidence"?
Because most states place the burden on the party challenging the presumption of competency.
Why are preliminary crimes not always present when an underlying crime occurs?
Because not all crimes are planned in advance.
Why has the Supreme Court generally permitted the use of permissive inferences and permissive presumptions?
Because the fact finder is not obligated to reach the presumed conclusion.
Why can victims of a crime bring civil actions in civil courts to seek compensation from the offender?
Because the same action that was a violation of the criminal law can also be a civil wrong.
Why did the Supreme Court hold in Blakely v. Washington that the sentence was invalid under the Sixth Amendment?
Because the sentence imposed exceeded the maximum sentence possible.
Why are conclusive presumptions unconstitutional under the Due Process Clause?
Because they allow the prosecution to avoid proving an element of the crime charged.
What does the U.S. Constitution say about "the Territories of the United States"?
Congress has the entire dominion and sovereignty within them.
Which of the following is considered the supreme law of the land in the United States?
Constitution
What is one difference between the requirements for justified use of less-lethal force and deadly force?
Deadly force must be necessary to prevent imminent death or great bodily harm to the person using it or others.
Laws (including criminal laws) are enacted by the ______.
Legislative branch
Under a certain form of the volitional incapacity approach, how would a defendant's argument be made when there is evidence or an acknowledgement that he or she knew what they were doing was wrong?
Mental illness prevented them from controlling their conduct.
The U.S. Supreme Court established important guidelines to define obscenity in the famous case of ________.
Miller v. California
What is the current law in the United States governing the right to resist unlawful arrest?
Most states require citizens to submit to arrest by an identifiable police officer.
A defendant claimed he was forced to give robbers access to a company storage facility because they said his children would never be safe unless he cooperated. Is his claim to have been forced to commit an illegal act valid?
No; the danger to his children was not present and immediate.
After a mistrial, the defendant argued he could not be tried again on the same charge because he had been acquitted. Is he correct?
No; the jury did not determine his guilt or innocence.
Two teenagers were wrestling with each other near a park shelter when a woman drove by and ordered them to stop. When they continued, she drove her car at them, pinning the larger boy against the shelter wall. She claimed she was defending the smaller boy against the larger boy. Is her use of force justified?
No; the two boys were not doing anything unlawful.
A resident of Illinois was charged with violating federal law by traveling across state lines to sleep with an underage girl. He was captured and convicted by the state of Ohio. Can he be tried for the same crime again by the state of Illinois?
No; under Illinois law a person prosecuted in another state cannot be tried for the same crime in Illinois.
What legal penalties might be faced by an officer convicted of using excessive force?
Officers who use excessive force may face criminal charges and can be sued for civil damages.
In the absence of a "stand your ground" law, to what extent are owners and police officers permitted to use force to protect property?
Only non-deadly force may be used to protect property,
Why is it important whether a crime is a felony or a misdemeanor?
Only people charged with felonies have the right to a preliminary hearing.
Which of the following is an example of states' police powers not being absolute?
States cannot regulate conduct arbitrarily.
Which amendment to the U.S. Constitution provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"?
Tenth Amendment
What is the key difference between the "cognitive" approach and the "volitional" approach?
The "cognitive" approach looks at whether one knows what actions he is taking, whereas the "volitional" approach looks at one's "irresistible impulses."
Which of the following is TRUE of the "not guilty by reason of insanity" and "guilty but mentally ill" pleas and verdicts?
The "guilty but mentally ill" plea and verdict is a result of many failings of the "not guilty by reason of insanity" plea and verdict.
Which amendment did the Supreme Court cite in their decision in Ingraham v. Wright?
The Eighth Amendment
Which of the following permits, in federal courts, consecutive sentences for the substantive crime and the conspiracy to commit that crime?
The Federal Sentencing Guidelines
Which of the following is a key difference between the M'Naghten rule and the "substantial capacity" test?
The M'Naghten rule has much stricter standards than the "substantial capacity" test.
What determines whether an arrest is made "in good faith"?
The arresting officer must have probable cause to authorize the arrest.
Why can legislators be prosecuted for corruption despite the "speech and debate" clause of the Constitution?
The clause covers only legislative acts.
Which of the following types of loud speech and loud noise is NOT among those types that cities and states can forbid?
noises that incidentally disturb others
What condition would allow a prisoner who claimed to have been forced to join a prison break to use duress or coercion as a defense against the charge of escape?
The defendant reported to the authorities as soon as it was safe to do so after the escape.
After a driver and passenger were fatally injured during a high-speed pursuit, officers were tried for using excessive force. On what grounds did the Supreme Court exonerate the officers charged in Blumhoff v. Rickard?
The driver posed a grave risk to public safety.
Which of the following is true of the law's definition of motive and intent?
The law contains a clear distinction between the two.
Which statement about the necessity or choice of evils defense is true?
The necessity defense may not be available to defendants in federal court.
Which of the following BEST exemplifies the "honest mistake" defense in a case where a strict liability law that seeks to protect children has been broken?
The offender had reason to believe the minor was of age.
Which of the following must be TRUE of every federal criminal statute?
They must have origins in the U.S. Constitution.
How does Tennessee v. Garner show how the Fourth Amendment limits the use of force during an arrest?
The use of deadly force to capture a burglar who tried to escape arrest was ruled excessive force.
If a child keeps disturbing patrons by climbing over the seats while a movie is showing in a theater, what level of force is an usher permitted to use?
The usher may order the child to leave or act to prevent injury.
Which of the following is TRUE of the Cruel and Unusual Punishment Clause?
The values and ideals it embodies are basic to our scheme of government.
Which of the following is TRUE of offenders of strict liability crimes?
They are often not considered "criminals."
Which if the following is NOT true of true threats?
They are protected by the Sixth Amendment
Which of the following is TRUE of bad thoughts by themselves?
They cannot be charged in ANY crime.
Why did the Supreme Court find the death penalty unconstitutional in Furman v. Georgia?
They found it to be too variable and administered without any reasonable standards.
Why did the Supreme Court uphold the use of corporal punishment in schools in Ingraham v. Wright?
They found that no general rule prohibited corporate punishment in schools.
Why did the Supreme Court effectively disqualify the Federal Sentencing Guidelines?
They found that they violated the Sixth Amendment's right to jury trials in criminal cases.
Why did the Supreme Court strike down the capital punishment sentence in Ring v. Arizona (2002)?
They found the factual questions involved should have been answered by the jury, not the judge.
Which of the following is TRUE of Indian tribal governments?
They have both Indian tribal courts and Indian police.
Which of the following is generally TRUE when the Supreme Court announces a new rule of constitutional dimension like that in Apprendi or Booker?
Unless the Court holds that the rule is retroactive, it is not applicable to cases that are already final.
Why does Florida's "stand your ground" law allow a homeowner to use deadly force against an intruder?
Unlike the "castle" doctrine in other states, the "stand your ground" law presumes any intruder presents a deadly threat.
Which of the following is one of the territories of the United States?
Washington, D.C.
Which of the following is NOT one of the questions that always arises when considering preliminary offenses?
What did the suspect know about the illegality of the act committed?
Which of the following is TRUE?
When a person successfully pleads "guilty but mentally ill," she is more likely to serve a longer and harsher sentence than if she had successfully pleaded "not guilty by reason of insanity."
Why is mistake or ignorance of fact NOT a defense that can be used with crimes of strict liability?
Whether the defendant intended to commit a crime is not relevant.
What is the name often given to laws that make people who illegally manufacture, distribute, or dispense illegal drugs strictly liable for a death that results from the injection, inhalation, or ingestion of such a drug?
a. "Len Bias" laws
What is the principal federal money laundering statute?
a. 18 U.S.C. Section 1956
Which of the following is TRUE of the death penalty in the United States today?
While the public continues to generally support the death penalty, death sentences have declined.
Jesse was involved in a road rage incident in which he shot the other driver because he mistakenly believed the man was reaching for a weapon. Was his use of deadly force reasonable?
Yes; it was reasonable because he believed the other driver intended to use a weapon to harm him.
Chin fired a weapon intending to scare off a burglar who was trying to break into her home. Did she use deadly force?
Yes; she fired a weapon at a person
A driver violates two statutes: drunken driving causing serious injury and leaving the scene of an accident. Are these two different offenses?
Yes; the same evidence cannot be used to prove both charges.
Who, among the following, CAN be executed under a death penalty sentence?
a convict who is sentenced a second time for the same offense after retrial
Which of the following would be under the jurisdiction of an Indian tribal court?
a crime committed by an Indian against an Indian on an Indian reservation
Which of the following MUST occur in a stalking case before the federal stalking statute would kick in?
a crossing of a state line
Which of the following results of a trial is NOT considered an acquittal?
a hung jury
Historically, the legislative power granted in the Interstate Commerce Clause has been interpreted by the U.S. Supreme Court in what context?
in the context of federalism
Anticipatory crimes are commonly referred to as _______.
inchoate crimes
Under Florida's "stand your ground" law, a passenger who shoots and kills someone breaking into the car in which he is riding
is using lawful force.
The penalties for strict liability crimes are usually _______ those for "true" crimes.
lighter than
Prosecutions under solicitation statutes require a showing that the defendant has done more than which of the following?
made a casual suggestion that an illegal act be committed
If a person has an "evil intent" to commit a crime, which of the following must exist?
mens rea
A defendant must be competent, meaning _______, before the government can force him or her to go to trial on criminal charges.
mentally fit
The U.S. Supreme Court has repeatedly held that it is a violation of due process to try to convict a person who is what?
mentally incompetent
Specific intent is understood today as referring to the intent that _______ a forbidden act.
must accompany
The "castle" doctrine is an exception to the legal principle that a person _________.
must find a way to escape before using deadly force if escape is possible
Clause 18 of Article I, Section 8 of the U.S. Constitution authorizes Congress to pass any laws that are "________" to carry out the enumerated powers outlined in Clauses 1-17.
necessary and proper
