Chapter 7: Other Criminal Defenses
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.
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.
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.
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.
The rule about separate offenses prevents ______ punishment for the same crime.
double
The test established in Blockburger v. United States is called the _____ test.
same element
What is the legal basis of the defense of double jeopardy?
the Fifth Amendment
What is the source of a U.S. citizen's right to a speedy trial?
the Sixth Amendment
The "origin of intent" test commonly used to determine entrapment is based on ________.
the common law as interpreted by state courts
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
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
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
When setting up a sting operation, what may officers legally do?
use decoys to gather evidence against criminals
When is the right to a speedy trial activated?
when a person is officially accused of a crime
Which of the following results of a trial is NOT considered an acquittal?
a hung jury
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.
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.
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.
Why can legislators be prosecuted for corruption despite the "speech and debate" clause of the Constitution?
The clause covers only legislative acts.
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.
Which statement about the necessity or choice of evils defense is true?
The necessity defense may not be available to defendants in federal court.
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.
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.