POLS 435 Final

Which of the following statements is incorrect?

Congress has tended to be sympathetic to demands to eliminate incarceration as a punishment for violations of public health laws.

Courts have frequently declared unconstitutional ordinances that proscribe all begging on public streets, but federal appellate courts have recently approved narrowly drawn ordinances that restrict ___________.

Courts have frequently declared unconstitutional ordinances that proscribe all begging on public streets, but federal appellate courts have recently approved narrowly drawn ordinances that restrict ___________.

Although the law provides an attorney-client privilege in regard to matters discussed by a client with counsel, the attorney may waive this privilege.

false

An affirmative defense is one in which the defendant denies committing the crime or claims that the prosecution lacks sufficient evidence of the defendant's guilt.

false

Anti-hazing laws usually stipulate that implied or express consent by the initiate is a defense. t/f

false

Arson at common law consisted of the burning of one's own dwelling in order to defraud an insurance company. t/f

false

At common law, extortion was defined as the fraudulent making or alteration of a document to the prejudice of another man's right. t/f

false

At common law, the forceful oral penetration of a female by a male over the age of fourteen constituted the crime of rape. T/F

false

At common law, the offenses of larceny and robbery were general-intent crimes. t/f

false

At the turn of the 20th century, the U.S. Supreme Court determined that compulsory vaccination laws encroached upon individual liberties guaranteed by the Constitution.

false

Congress adopted the English Common Law in 1789 T/F

false

Congress has adopted a federal law prohibiting smoking in restaurants, bars and sports arenas.

false

Courts apply a less stringent standard of judicial review when a criminal law impinges on First Amendment freedoms.

false

Courts have universally determined that hands and feet are deadly weapons under statutes defining the offenses of aggravated battery. t/f

false

Courts today generally insist that a woman must "resist to the utmost" to establish that she refused to consent to sexual intercourse.

false

Death resulting from criminal negligence is second-degree murder. T/F

false

During the 1960s under Chief Justice Earl Warren, the Supreme Court narrowed the scope of federal habeas corpus review of state criminal convictions.

false

During their closing arguments at trial, both the prosecutor and the defense counsel may refer to matters not in evidence.

false

English common law placed strict time limits on criminal prosecution.

false

Ernesto Miranda was beaten until he confessed to a crime that he did not commit.

false

For purpose of ruling whether to grant a defendant's motion for a judgment of acquittal (directed verdict), a trial judge must view the evidence in a light most favorable to the defendant.

false

In 1967 the Supreme Court held that the speedy trial requirement of the 6th Amendment does not apply to the state courts.

false

In 1983 the Supreme Court upheld a law that required persons loitering or wandering on the streets to provide a "credible and reliable" identification and to account for their presence when requested to do so by a police officer.

false

In 1990 the Supreme Court held that the Sixth Amendment's Confrontation Clause prohibits states from using one-way closed circuit television to receive a child's testimony in a child abuse case.

false

In 1999 the U.S. Supreme Court upheld Chicago's "gang violence ordinance," which police had used to prevent gang members from loitering in any public place "with no apparent purpose."

false

In 2005 the Supreme Court held that Congress had no power to prohibit the possession of marijuana intended solely for personal medicinal use as authorized by state law.

false

In Atwater v. City of Lago Vista (2001), the U.S. Supreme Court ruled that the Fourth Amendment forbids a warrantless arrest for a minor traffic offense.

false

In making a closing argument to a jury, it is improper for a lawyer to comment on the weight of the evidence and the credibility of the witnesses.

false

In prosecuting perjury by contradictory statements, it is necessary for the prosecution to establish which of the two contradictory statements is false.

false

Just as a defendant may appeal a criminal conviction after pleading not guilty, the prosecution may appeal from the defendant's acquittal.

false

Most criminal offenses recognized. in the United States today are derived from the Napoleonic Code. T/F

false

Most states have abolished mandatory minimum jail terms for first-time DWI offenders.

false

Offenses defined by public health laws that impose criminal penalties are generally not "strict liability" offenses.

false

Once a physician offered by the prosecution as an expert witness testifies to his or her qualifications, cross-examination as to those qualifications by the defense is not permitted.

false

Police always must first obtain a warrant before conducting a search of a person's home, even if the homeowner consents to a warrantless search.

false

Police must have "probable cause" before subjecting a suspicious person to a "stop-and-frisk."

false

Post-trial motions are the principal instruments used to persuade the appellate court to reverse, affirm, or modify the decision being appealed.

false

Prior to 1980, government agencies relied primarily on criminal penalties as a tool to enforce environmental regulations.

false

Sally gave her mechanic a check for $300 in payment for car repairs. The bank dishonored her check because her account balance was less than $200. Sally could be prosecuted for uttering a forged instrument t/f

false

Sodomy between consenting unmarried adults continues to be criminalized in most states. t/f

false

State and local governments have no authority to ban or regulate the manufacture or sale of alcohol.

false

States are constitutionally prohibited from enacting lower permissible blood-alcohol levels for juvenile drivers.

false

Televising criminal trials is now an accepted practice in both state and federal courts.

false

The "responsible corporate officer" doctrine has been rejected by the courts with respect to environmental crimes.

false

The English common law excused from criminal responsibility persons who became voluntarily intoxicated before committing criminal acts.

false

The English common law made unlawful assemblies and riots felonies.

false

The Federal Rules of Criminal Procedure now permit still photography of judicial proceedings.

false

The Fifth Amendment privilege against self-incrimination protects the defendant from being required to testify, absent a grant of immunity, but does not forbid comment by the prosecution on the defendant's failure to testify.

false

The Fifth Amendment to the U.S. Constitution has been interpreted to require that courts must grant transactional immunity to a witness who testifies after invoking the privilege against compulsory self-incrimination.

false

The Fourth Amendment contains a provision expressly prohibiting the use of evidence obtained through an unreasonable search and seizure.

false

The Resource Conservation and Recovery Act (RCRA) imposes civil but not criminal penalties on persons who dispose of certain hazardous wastes without a permit.

false

The Rivers and Harbors Act of 1899 Act contained no criminal penalties for discharge of refuse into the navigable waters of the United States.

false

The Supreme Court has held that a defendant has a right under the U.S. Constitution to appeal a criminal conviction to a higher court.

false

The Supreme Court has held that indigent defendants have no right to be furnished counsel at public expense to pursue any appeal.

false

The Supreme Court has held that states are bound to abide by the grand jury requirement of the Fifth Amendment.

false

The Supreme Court has said that an indigent person accused of any crime, even a minor misdemeanor, has the right to be represented by counsel at public expense.

false

The Supreme Court has upheld even the most general and vague vagrancy laws as a means of providing necessary police discretion.

false

The Supreme Court's 1973 abortion decision (Roe v. Wade) was based on the First Amendment's "free exercise" clause. T/F

false

The Tenth Amendment to the U.S. Constitution protects persons against unreasonable searches and seizures. T/F

false

The U.S. Supreme Court has held that criminalizing the public presence of an intoxicated person is contrary to the constitutional prohibition of "cruel and unusual punishments."

false

The U.S. Supreme Court has ruled that state statutes banning assisted suicide are unconstitutional. T/F

false

The common law "castle doctrine" permits the use of deadly force against an intruder into a dwelling, even to repel a mere trespass.

false

The common law developed the offense of vagrancy to criminalize destruction of government property.

false

The common law did not distinguish between voluntary and involuntary manslaughter; that distinction did not appear until the 20th century. t/f

false

The common law doctrine of judges adhering to case precedent is known as habeas corpus. T/F

false

The common law regarded gambling as a felony.

false

The concept of a defendant being allowed to plead the statute of limitations as a defense is derived from English common law.

false

The criminal enforcement provisions of local zoning ordinances must include an intent requirement.

false

The federal RICO statute brings into federal criminal law an offense that was part of English common law. t/f

false

The first ten amendments to the US Constitution are known collectively as the Universal Declaration of Human Rights

false

The governor or other executive authorities of a state generally have constitutional or statutory power to grant a pardon to a defendant convicted of a federal crime.

false

The law declared by appellate courts in their written opinions is known as the statutory law. T/F

false

The offense of mayhem involves repeatedly following, watching, or harassing another person. t/f

false

The same rules of evidence that apply to criminal trials apply to grand jury investigations.

false

The standard of proof in a criminal trial is. "preponderance of the evidence" and allows someone to be found guilty of a crime if there is just a little more evidence of guilt than evidence. T/F

false

The term "acts reus" refers to criminal intent.

false

The utterance of "fighting words" is within the protection of the First Amendment to the U.S. Constitution.

false

To make a warrantless arrest for a felony, police must observe the crime in progress.

false

Today, for there to be a burglary, the break-in must take place at night. t/f

false

Under English common law, a corporation (as opposed to its members) was held criminally responsible for its unlawful acts. t/f

false

Under English common law, abortion at any stage of pregnancy was a felony. T/F

false

Under the common law, burglary was a felony involving the breaking and entering of any building during either day or night with the intent to commit any offense therein. t/f

false

Under the doctrine of ferae naturae each state has the exclusive authority to regulate the taking of migratory birds.

false

Until Parliament enacted the Criminal Appeal Act of 1907, the English common law afforded defendants unlimited review of criminal convictions.

false

Voluntary intoxication is recognized as a defense to all statutory crimes.

false

per curiam opinion is attributed to a dissenting judge in an appellate decision.

false

The U.S. Supreme Court has held that police may use whatever degree of force is necessary to apprehend a fleeing felon, even if the suspect is unarmed.

fasle

As well as criminal penalties, the federal RICO law provides for _____________________.

forfeiture of assets used in criminal enterprises

One who produces counterfeit securities with the intent to defraud a potential buyer of same would be guilty of the crime of _________.

forgery

The ______________ doctrine holds that evidence derived from other evidence that is obtained through an illegal search or seizure is itself inadmissible.

fruit of the poisonous tree

Persons of a __________ persuasion generally believe that the state should be neutral in matters of morality, much as it is with respect to religion.

libertarian

The process of disguising illegal income to make it appear legitimate is known as ________.

money laundering

Which of the following do the authors of your textbook identify as a prosecutorial burden in all homicide cases?

proof that the victim was alive before the homicidal act

Statutes that provide that the testimony of a victim's prior sexual activity with anyone other than the defendant cannot be admitted in evidence in a rape trial are commonly referred to as _______ laws.

rape shield

To conduct a "stop-and-frisk," police must have _______ that criminal activity is afoot.

reasonable suspicion

Federal law provides for a __________ defense in perjury cases where in the same continuous court or grand jury proceeding in which a false declaration is made, the witness admits the declaration to be false.

recantation

At common law a person who forcibly freed another from lawful custody was guilty of the offense of ______

rescue

Which of the following common-law crimes is typically embraced by modern statutes prohibiting escape?

rescue

The Supreme Court first recognized the concept of _______ in U.S. v. Dotterweich (1943).

responsible corporate officer

A (An) _______ is a public disturbance of three or more persons who threaten or commit acts of violence to persons or property.

riot

Most states define _______ much as did the common law, however, many now classify the offense by degrees depending on whether the accused is armed, the extent of force used or injury inflicted and, in some instances, the vulnerability of the victim.

robbery

The criminal incitement of insurrection or revolution is known as ____________.

sedition

The Clean Water Act is enforced by the EPA and ______________________.

similar state agencies

Blackstone's Commentaries on the Laws of England was referred to in our textbook as something of a "legal bible" for the early residents of the United States. T/F

true

Despite the adoption of the Federal Anti-Riot Act, peacekeeping remains largely a state and local function.

true

Extortion is often referred to as blackmail t/f

true

Federal appellate courts have approved the use of an anonymous jury where there is a strong reason to believe the jury needs protection and where reasonable precautions are taken to ensure the defendant's fundamental rights are protected.

true

In 1897, the Supreme Court held that to force a suspect to confess violates the Self-Incrimination Clause of the Fifth Amendment.

true

In order to keep the prosecutor and the defense counsel from "trying a case in the media," a judge can issue a gag order prohibiting the attorneys from talking to the press about the case.

true

In practice, Congress and state legislative bodies that issue citations for contempt generally refer these matters to the courts for adjudication.

true

In reviewing the constitutionality of child pornography laws, the U.S. Supreme Court has applied a different standard than that it has applied in dealing with the issue of obscenity.

true

Indirect criminal contempt consists of contemptuous acts that occur outside the court's presence.

true

Insider trading in violation of federal securities laws usually occurs when a person who operates "inside" a corporation has access to material non-public information and uses that information to trade in securities without first disclosing that information to the public. t/f

true

Intrastate violations of securities laws are generally prosecuted under state statutes that parallel federal securities laws. t/f

true

Many statutes defining white-collar crimes provide civil remedies designed to compensate those who have suffered financial losses as a result of a defendant's activities. t/f

true

Modern arson statutes typically expand on the common-law definition of arson by making it unlawful to cause fire or explosion damage to a structure irrespective of whether it is a dwelling. t/f

true

Modern statutes typically extend the offense of manslaughter to embrace a person's responsibility for a person's death resulting from a failure to act in instances where the law imposes a duty to act. T/F

true

Most state criminal offenses have antecedents in the English Common Law. T/F

true

Most states have enacted implied consent statutes stipulating that a person who drives a motor vehicle is deemed to consent to blood, breath, or urine testing to determine their blood-alcohol content.

true

Murder is considered a malum in se offense T/F

true

Nearly all states now have laws criminalizing intentional acts (other than medical abortions) that result in death to a viable fetus. T/F

true

Of the fifty states, Louisiana is the only one whose legal system is not based essentially on the common law. Rather it is based primarily on the Napoleonic Code.

true

Police are permitted to temporarily detain -- and 'pat down' -- persons for questioning when they have "reasonable suspicion" that criminal activity is afoot.

true

Police may make a warrantless seizure of incriminating evidence when they are lawfully in an area and that evidence is in plain view.

true

Price-fixing and bid rigging are among the most common violations of the federal anti-trust laws. t/f

true

Prior to the 20th century, federal habeas corpus jurisdiction was seldom invoked to review state criminal convictions.

true

Procedural due process usually involves a "notice" and a "fair hearing" T/F

true

Second-degree murder is now frequently defined as "an unlawful killing of a human being by a person having a depraved mind or heart." T/F

true

Some jurisdictions permit a defendant to plead nolo contendere and reserve the right to appeal a specific ruling of the trial court.

true

Some states provide for verdicts of guilty but mentally ill, while others have abolished the defense of insanity altogether.

true

State laws usually grant local governments the authority to impose limited curfews during emergencies where floods, fires, riots, looting, and other situations threaten the safety and welfare of a community.

true

Statutes or court rules commonly require that to assert alibi as a defense, a defendant must notify the prosecution in advance of trial and furnish the names of witnesses the defendant intends to use to support the alibi.

true

Statutes prohibiting gambling are frequently interpreted to exclude contests where participants pit their physical or mental skills against one another for a prize.

true

The Antiterrorism and Effective Death Penalty Act of 1996 curtailed second habeas corpus petitions by state prisoners who have already filed such petitions in federal court.

true

The Federal Rules of Criminal Procedure allow defendants to enter conditional pleas of guilty or nolo contendere, reserving in writing the right to have an appellate court review an adverse determination of a specified pretrial motion.

true

The Federal Rules of Criminal Procedure provide that a person arrested for a federal offense must be taken before a magistrate "without unnecessary delay" for a first appearance.

true

The Supreme Court has approved nonunanimous verdicts by twelve-person juries in state criminal trials.

true

The Supreme Court has held that a judge may have an unruly defendant removed from the courtroom or bound and gagged until the defendant agrees to proper decorum.

true

The Supreme Court has held that persons charged with felonies have the right to represent themselves in court.

true

The Supreme Court has held that when police stop an automobile based on reasonable suspicion, they may search the passenger compartment for weapons, assuming they have reason to believe that a suspect is dangerous.

true

The Supreme Court has said that the Sixth Amendment guarantees an accused the right to a trial by jury in a criminal case where a penalty of more than six months imprisonment can be imposed.

true

The U.S. Supreme Court has ruled that Second Amendment protects a personal right to possess a firearm for "traditionally lawful purposes" irrespective of one's service in any militia.

true

The U.S. Supreme Court has upheld the validity of a state "implied consent" law providing for suspension of a driver's license of a person arrested for driving while intoxicated who refuses to take a breathalyzer test.

true

The U.S. Supreme Court may review federal and state criminal cases involving federal issues by exercising its certiorari jurisdiction.

true

The United States Courts of Appeals ordinarily hear appeals of right in federal criminal cases.

true

The federal government has no right to appeal a defendant's acquittal but may appeal the dismissal of an indictment.

true

The law has traditionally applied an objective test for the use of deadly force, but today many courts apply a subjective standard of reasonableness to determine whether circumstances are sufficient to induce an honest and reasonable belief that force must be used.

true

The only crime defended in the US Constitution (Article 3) is treason T/F

true

The practice of a trial court receiving, without proof, certain information well known by the public is referred to as the court taking "judicial notice."

true

The presidential pardoning power includes the right to commute sentences, remit fines and penalties, and even grant conditional pardons.

true

To convict a defendant for violating the False Statements Act, the federal government must prove that the defendant knowingly and willfully submitted to the government a false and material statement. t/f

true

To establish that a defendant is guilty of a minor traffic offense, it is generally not necessary to prove the element of intent.

true

To obtain a conviction for mail fraud, the federal government must prove the defendant's specific intent to defraud the government through use of the U.S. mail or some other interstate commercial carrier. t/f

true

Today, corporations can be held criminally liable for the acts their agents commit within the scope of their authority. t/f

true

Today, prostitution is illegal in all states except Nevada, where it exists by local option in some counties, although it is strictly regulated by law.

true

Under the common law, a defendant was permitted to forcibly resist an unlawful arrest.

true

Under the early English common law, the goods belonging to a person who committed suicide were forfeited to the Crown. T/F

true

Virtually all provisions of the Bill of Rights have been held to apply with equal force to the states and to the national government via the doctrine of incorporation. T/F

true

When a person is convicted of a misdemeanor by a court of limited jurisdiction and no record is made of the trial, an appeal takes the form of trial de novo in a higher court.

true

Where a mistaken view of the law negates the specific-intent element of a crime, mistake of law can be a defense.

true

While the prosecution always carries the burden of proving the defendant's guilt beyond a reasonable doubt, courts generally require a defendant to prove an affirmative defense by a preponderance of the evidence.

true

A grand jury indictment is also known as a(n) _____________.

true bill

The inherent difficulty of convicting a defendant of perjury is exacerbated by the _______ rule that prevails in most jurisdictions.

two-witness

The carnage on American highways has prompted many states to enact statutes making ___________ a specific felony rather than opting to rely on prosecutors charging a defendant with manslaughter for causing a traffic death.

vehicular manslaughter

Even though police have provided a suspect the Miranda warnings, the suspect's confession may not be used as evidence unless it is ______.

voluntary

At common law, ___________ consisted of an intentional, unlawful killing that occurred in the heat of passion as a result of some adequate provocation.

voluntary manslaughter

In United States v. Jacobsen (1984), the Supreme Court held that the Fourth Amendment "is ______________ a search or seizure ... effected by a private individual not acting as an agent of the Government or with the participation or knowledge of any government official."

wholly inapplicable to

In conducting a warrantless search incident to a lawful arrest, police may search the person being arrested and the area ____________.

within that person's immediate control

Building codes are concerned with the construction of buildings while the term ________ refers to regulation of the use of land.

zoning

To convict a person of tax perjury, the government must prove that the defendant ________. -filed a return containing a written declaration made under penalty of perjury -acted willfully -did not believe that the return was true and correct as to every material matter

-filed a return containing a written declaration made under penalty of perjury -acted willfully -did not believe that the return was true and correct as to every material matter

In a murder case, the prosecution can establish premeditation by proving ________.

-that there were previous quarrels between the defendant and the victims -the weapon used and the nature of the wounds inflicted on the victim -threats and other expressions of ill will by the defendant toward the victime

Since 1978 nearly every state has enacted laws specifically defining computer crimes, often including such offense(s) as ______________. -theft of computer services -computer trespass -computer fraud

-theft of computer services -computer trespass -computer fraud

The Federal Rules of Criminal Procedure require that a search warrant must be executed within _______ days after it is issued.

10

At common law a grand jury consisted of ________ persons.

23

Which one of the following statements is incorrect?

A grand jury does not have to honor an evidentiary privilege such as the marital privilege.

Which one of the following statements about the law of homicide is INCORRECT? -At common law, murder was defined as the unlawful killing of a human being with malice aforethought. -In a homicide case where the defendant pleads not guilty, it is necessary for the prosecution to establish the corpus delicti. -A police officer fatally shooting a fleeing felon is an example of an excusable homicide. -Second-degree murder is frequently defined by statute as the unlawful killing of a human being by outrageous conduct of the perpetrator or where the perpetrator's acts evince a depraved mind.

A police officer fatally shooting a fleeing felon is an example of an excusable homicide.

Which one of the following statements concerning a motion to suppress a defendant's confession or admissions made to the police is incorrect

A trial court's ruling suppressing a defendant's confession can never lead to a dismissal of the prosecution's charges against the defendant.

Which one of the following statements concerning severance of parties charged with a criminal offense is incorrect?

A trial judge has broad discretion to deny a motion for severance even when counsel demonstrates that two defendants will present conflicting and irreconcilable defenses.

Which of the following persons would a state be least likely to prosecute under a child abuse statute?

An expectant mother who ingested alcohol during her pregnancy

Courts have ruled that the _____________Clause of the United States Constitution does not prohibit the government from prosecuting a defendant for a RICO charge where the defendant has been previously prosecuted for one of the predicate crimes.

Double Jeopardy

After repeal of the _______________ in 1933, organized crime syndicates expanded their criminal enterprises into narcotics.

Eighteenth Amendment

The United States Supreme Court has ruled that it is constitutionally permissible for a state to provide for a less-than-unanimous verdict in six-person juries in criminal trials.

False

Tasty, Inc. distributes its canned fruits and vegetables throughout the country. The chief executive officer becomes aware that although its canned apricots are packed with a syrup containing sugar, the cans are being labeled "No sugar added; recommended for diabetics." If a federal prosecution is initiated against the CEO it would most likely be under the ___________.

Food, Drug, and Cosmetics Act

Which one of the following statements is not true?

Grand juries frequently reject requests for indictment by prosecuting attorneys.

The federal law often relied on to prosecute state and local officials for extortion "under color of official rights" is known as the _____________.

Hobbs Act

Which one of the following statements is incorrect?

If someone is killed or injured as a result of a spring gun or similar mechanical device, the party who set a spring gun is not criminally responsible for any resulting death or injury caused by the spring gun.

Which one of the following statements is INCORRECT? -A competent adult who is terminally ill may decide to forgo extraordinary medical measures or may order such measures discontinued. -In 1976 the New Jersey Supreme Court in the Karen Quinlan Case ruled that withdrawal of life- support systems of a minor would constitute a criminal homicide. -States commonly have enacted "living will" statutes. -Courts have disallowed criminal prosecutions where life-sustaining medical procedures have been discontinued in good faith based on competent medical advice and consent of a competent patient and the patient's family.ed

In 1976 the New Jersey Supreme Court in the Karen Quinlan Case ruled that withdrawal of life- support systems of a minor would constitute a criminal homicide.

Although the government may employ a variety of federal criminal statutes to prosecute those who commit tax fraud, most prosecutions are based on the _____________.

Internal Revenue Code

Jock bought a ticket to the Sugar Bowl game in New Orleans. Jock had a car but did not have enough money to buy the gasoline for the trip to the game. He stopped at an old-fashioned "full service" gas station near Birmingham and said to the attendant "Fill 'er up." The sign at the station said "No credit." The moment the attendant finished pumping the gas into Jock's car, Jock sped off without paying. On these facts the state of Alabama charged Jock with robbery. Which of the following statements indicates the most likely outcome of Jock's trial?

Jock would likely be convicted of theft.

In ________________ (1967), the Supreme Court abandoned the trespass doctrine, saying "the Fourth Amendment protects people, not places."

Katz v, United States

Murray appeared in court as a witness for his friend Maureen who was charged with driving while intoxicated. Murray testified that Maureen was not the driver of the vehicle when in fact he knew that she was. Despite Murray's testimony, Maureen friend was convicted. Given these facts, which of the following statements is true?

Murray has committed perjury.

Which of these Supreme Court decisions crafted a "public safety exception" to the requirement to immediately "Mirandize" suspects in custody?

New York v. Quarles

Which of the following is authorized to issue an arrest warrant? a police chief a district attorney a county sheriff NONE

None of these

Joey Nosra, a prison inmate, left custody during a supervised tour of an industrial plant near the prison. A month later he was apprehended and prosecuted for the crime of escape. In his defense he claimed that he left custody to avoid being sexually molested by another prisoner. The evidence disclosed that Nosra had made no endeavor to return to lawful custody. Which of the following statements is correct?

Nosra may have had a good defense if he had turned himself in to police promptly after having escaped.

Which of the following persons would most likely not be charged with disorderly conduct?

One who engages in a debate with a police officer over the arrest of his daughter.

The United States Supreme Court invalidated a vagrancy ordinance in _______ (1972).

Papachristou v. City of Jacksonville

Congress enacted its first major environmental law, the ______________________ Act, in 1899.

Rivers and Harbors

In 1940, Congress adopted the _________ Act, which in its present form makes it a crime for a person to knowingly or willfully advocate the overthrow of federal, state, or local government by force or violence, or by assassination of any governmental officer. _____________.

Smith

Which one of the following statements is true

The Supreme Court has held that a plea of guilty containing a protestation of innocence can be made by a defendant who intelligently concludes that it is in his or her best interest

The State charged Megan Felonio with grand theft. She requested the trial court to discharge the public defender appointed to represent her and to allow her to represent herself. Which one of the following actions by the trial judge was improper?

The court determined that although Ms. Felonio's decision to represent herself was knowingly and voluntarily made, she lacked the legal knowledge and skills essential to effectively represent herself before the court.

The defense of double jeopardy does not preclude the state from retrying a defendant who has been granted a new trial on a defendant's appeal claiming an error occurred during the trial.

True

Which of the following is least likely to lead to suppression of a suspect's confession?

The use of factual misstatements by police concerning what they know about a crime.

The ____________________ authorizes the Environmental Protection Agency to prohibit the manufacture, distribution, or use of chemical substances that present an unreasonable risk of injury to health or the environment.

Toxic Substances Control Act

Minor misdemeanors are often tried summarily before a judge or magistrate.

True

In ________________ (1914), the U.S. Supreme Court first held that evidence obtained through an unlawful search and seizure could not be used to convict a person of a federal crime.

Weeks v. United States

Which one of the following statements concerning automobile inventory searches is incorrect?

When investigating crime, police may conduct an inventory search of any vehicle parked in a public parking space that has been legally ticketed for overtime parking.

Which of the following most accurately describes the constitutional standard articulated in 1984 by the U.S. Supreme Court in Strickland v. Washington for determining whether a defendant received ineffective assistance of counsel?

Whether defense counsel made errors so serious that he or she was not properly functioning as guaranteed by the 6th Amendment, and whether such deficient performance prejudiced the defense.

A person who uses interstate radio or television facilities to promote a fraudulent scheme to obtain money or property would likely be subject to federal prosecution under the federal __________.

Wire Fraud statute

In a famous debate in 1761, James Otis called the ____________ "the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law book."

Writs of Assistance

The prosecution may be required to disclose the identity of ________ if that person was an active participant in the offense for which the defendant is being prosecuted.

a confidential informant

Which of the following crime scenarios would most likely involve the intervention or assistance of the Federal Bureau of Investigation?

a kidnapping of a child where the abductors have kept the child for two days after leaving a ransom note

A neighbor is annoyed by a teenager who plays his drums in the late evening. The young man refuses requests to limit his playing to daylight hours. The neighbor would probably stand the best chance of obtaining relief by seeking enforcement of __________.

a local noise ordinance

At common law, forgery was _________________.

a misdemeanor

Threatening someone with a weapon would probably qualify as ________.

aggravated assault

One who intentionally strikes another person with a sharp metal letter opener would most likely be charged with __________.

aggravated battery

In Tennessee, unlawful sexual contact where the defendant causes bodily injury to the victim is the offense of ______________.

aggravated sexual battery

Unlike many state laws, the federal law on conspiracy to violate the Controlled Substances Act does not require proof of _____________.

an overt act

At common law, if three or more persons met together with the intention of cooperating to disturb the public peace, their gathering was considered ___________.

an unlawful assembly

In Washington v. Glucksberg (1997) the U.S. Supreme Court reversed a federal appellate court's decision striking down a state statute prohibiting _________.

assisted suicide

All American jurisdictions prohibit __________, i.e., marriage between two persons when one is already legally married to another.

bigamy

Knowingly trafficking in counterfeit labels affixed or designed to be affixed to a copy of computer programs, motion pictures, or other audiovisual works is called _______________and is punishable by fine or imprisonment under federal law.

bootlegging

Under early common law, ________ consisted only of improperly influencing persons involved in the administration of justice.

bribery

In an attempt to "get even" with his ex-girlfriend, Mike Macho breaks the window of her bedroom and hides in her closet with an intent to sexually assault her when she arrives. Of which of the following offenses would Macho be guilty?

burglary

Milo has stolen a lawnmower from a storage shed behind a neighbor's house. Because the shed was within the curtilage of the home, the most serious offense Milo has committed is ____.

burglary

Richard agrees with John that for $500 Richard will arrange to cancel John's prosecution for burglary. Proof of this could lead to Richard's conviction for ________

compounding a crime

Under the Model Penal Code, a lawyer, physician, accountant, appraiser or other professional who solicits or accepts a consideration for agreeing to violate a fiduciary duty is guilty of _____.

commercial bribery

Direct __________ proceedings are usually handled summarily by courts.

contempt

An attorney charged with responsibility for a case who is willfully absent from the courtroom can be convicted of __________.

contempt of court

Where controlled substances and drug paraphernalia are declared ___________, they are subject to confiscation.

contraband

At common law, one wrongfully deprived of property was entitled to recover damages for the tort of ____.

conversion

Testimony at trial disclosed that a defendant charged with inciting a riot had been drinking beer, yelling profanity, and urging a large crowd to interfere with the police, who were trying to keep order at a rock concert. The defendant moved the court to direct the jury to acquit him because he claimed he was only exercising his First Amendment right of free speech. The court would likely ______________.

deny the motion as there are sufficient facts from which a jury could conclude that defendant's actions constituted imminent lawless action

A person who recklessly, knowingly or intentionally: (1) engages in fighting or in tumultuous conduct; (2) makes unreasonable noise and continues to do so after being asked to stop; or (3) disrupts a lawful assembly of persons; commits the offense of __________.

disorderly conduct

In an effort to divert certain substance abusers to closely monitored treatment programs, states in recent years have begun to develop ____________.

drug courts

Sodomy was originally a (an) _________ offense, but became a felony under the English common law.

ecclesiastical

Megan is a bank teller. She has manipulated the bank books by diverting funds belonging to the bank into her own account and has withdrawn those funds. Upon discovery by the bank, she will most likely be charged with _____________.

embezzlement

Defenses to a charge of bribery include denial and __________________.

entrapment

The act of turning over state secrets to a foreign government is known as ________.

espionage

Courts have held it to be a denial of due process if a prosecutor knowingly withholds ______ evidence from the accused.

exculpatory

Jacqueline writes a letter to Patrick, threatening to "spread the word around town" that he is a carrier of the AIDS virus unless he sends her the $1,000 she needs to pay her gambling debts. Jacqueline may be prosecuted for _________________.

extortion

The surrender of a person accused of a crime by one state to another is known as _________.

extradition

"Death qualification" simply means that jurors in a capital case are made to understand that they may have to consider the death penalty if the defendant is convicted.

false

A "search" within the meaning of the Fourth Amendment refers only to a physical penetration of someone's person or property.

false

A "tort" is another term for a capital crime T/F

false

A District Attorney is also likely to be known as a public defender.

false

A corporate officer whose duties require supervision of sanitation in the preparation of food, but who delegates authority over sanitation to lower level employees, cannot be held criminally liable under the Federal Pure Food, Drug, and Cosmetic Act.

false

A defendant is prosecuted for burglary under a modern state statute. The evidence reveals that he merely stuck his foot in the door and kicked the homeowner. He defends on the ground that he had not made a sufficient entry. The defendant will likely be successful in his defense. t/f

false

A defendant who has been convicted after trial has no opportunity to be released from custody pending the resolution of an appeal.

false

A legislator who accepts a sexual favor in exchange for a favorable vote on a pending bill cannot be found guilty of bribery.

false

A misdemeanor is considered more serious than a felony. T/F

false

A police officer must always first obtain a warrant before making a felony arrest.

false

According to the authors of the textbook, vice crimes have no implications for the public health, safety and welfare and therefore should be viewed solely as offenses against public morality.

false

In United States v. Billie, the defendant was charged with killing a Florida panther, an endangered species. He argued that the prosecution had to prove his specific intent; that is, that he knew the animal he shot was a Florida panther, as opposed to a species of panther not on the list of endangered species. The U.S. District Court rejected his argument and held that the government "need prove only that the defendant acted with _______________ when he shot the animal in question."

general intent

For hundreds of years, English subjects (and, later, American colonists) were subjected to the abuse of the ______________, that is, a warrant authorizing searches of unspecified persons and places.

general warrant

The U.S. Supreme Court has recognized a limited ________ exception to the Fourth Amendment exclusionary rule.

good faith

Most white-collar crimes prosecuted in federal court are violations of statutes enacted under Article I, Section 8 of the U.S. Constitution, which grants Congress power to regulate ________.

interstate and foreign commerce

__________ usually requires proof of gross or culpably negligent conduct that results in another's death. First degree murder Voluntary manslaughter Correct! Involuntary manslaughter Second degree murder

involuntary manslaughter

The Supreme Court has defined "interrogation" as questioning or _____.

its functional equivalent

When death is inflicted by public officers in obedience to a court judgment or in the discharge of certain other legal duties it is considered _________.

justifiable

At the time the English colonized America, the common law had identified four groups of offenses against persons: assaultive crimes; homicidal crimes; sexual crimes; and ________. -hate crimes -abusive offenses -civil rights offenses

none of these

Karen is browsing around a public library. She has no library card nor does she have permission to borrow books, yet she leaves with several books under her arm. At Karen's trial for petit theft, she claims that she had an "irresistible impulse" to take the books. In a state that follows the M'Naghten Rule, Karen has a good defense of ______. insanity mistake of law mistake of fact NONE OF THESE

none of these

While playing softball in his back yard, Maurice hits the ball over the fence and shatters a neighbor's window. Upon the neighbor's complaint to the police, Maurice would likely be charged with ______. -vandalism -willful destruction of property -malicious mischief

none of these

In Whren v. United States (1996) the Supreme Court ruled that ______.

officers' motives in stopping an automobile are irrelevant if there is an objective basis for the stop

An appellate proceeding where counsel appear to make verbal presentations and to answer questions from the bench is referred to as (a)(an) _____________________.

oral argument

All states have laws making ____________ a criminal offense.

perjury

To convict a defendant of ______________ the prosecution must establish that the defendant took an oath to tell the truth and knowingly made a false statement of material fact.

perjury

Which of the following doctrines would permit a police officer to seize contraband discovered on the floor of an apartment during a valid emergency search?

plain view

An essential characteristic of state sovereignty is "___________ power", which is the authority to legislate in pursuit of public health, safety, welfare, and morality.

police

Under a state statute, a person commits the offense of __________ when he or she, knowingly and without lawful justification on at least two separate occasions, harasses another person through use of electronic communication and at any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed toward that person or a family member of that person.

stalking

To invoke the Fourth Amendment exclusionary rule, a person must have _________.

standing

In 1964, in Malloy v. Hogan, the U.S. Supreme Court made the Self-Incrimination Clause of the Fifth Amendment applicable to ___________ .

state criminal prosecutions

Many states have followed the common law by enacting statutes making it an offense to procure another person to commit perjury. The offense proscribed by such statutes is usually known as______________.

subornation of perjury

The method of securing a defendant's constitutional right to compulsory process is invoked by filing a request for ___________.

subpoena

After _______, Congress adopted the first in a series of laws designed to protect civil rights.

the Civil War

As revised in 1986, the Act first passed by Congress in 1980 to finance cleanup of hazardous waste sites and to require notice to federal and state agencies of any "release" of a "reportable quantity" of a hazardous substance is the __________________.

the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

The term "corpus delicti" refers to ______________________.

the body of the crime

Routine searches of persons and automobiles crossing ___________ are not prohibited by the Fourth Amendment.

the borders of the United States

Most jurisdictions have enacted statutes making it a crime to burn any property with the intent to defraud an insurance company, usually requiring the prosecution to prove _______________.

the defendant's specific intent to defraud

When evaluating applications for search warrants based on tips from confidential or anonymous informants, magistrates must consider the __________.

totality of circumstances

A basic principle of the criminal justice system in the United States is the presumption of innocence. T/F

true

A defendant in a criminal case is entitled to have the jury instructed on the law applicable to any legitimate theory of defense supported by the evidence at trial.

true

A defendant is entitled to have the jury instructed on the law applicable to any legitimate theory of defense supported by the evidence.

true

A defendant who pleads duress admits commission of the alleged criminal act but denies any criminal intent.

true

A jailer who intentionally holds a prisoner in confinement after the jailer is officially informed that the prisoner's term of imprisonment has expired could be prosecuted for false imprisonment. t/f

true

A man who grabs a woman he doesn't know, hugs and kisses her against her will has committed a battery. t/f

true

A witness with proper credentials can be received as an expert, may testify based on personal knowledge, and may respond to hypothetical questions that assume the existence of facts the evidence tends to establish.

true

According to the authors of your textbook, convictions for second-degree murder often reflect "jury pardons." T/F

true

Although entrapment was not a defense at common law, it may now be pled as a defense in all federal and state jurisdictions.

true

Although functionally equivalent to a guilty plea, a no-contest plea generally cannot be construed as an admission of guilt in a related civil suit.

true

Although originally a canonical offense, bigamy later became a common-law offense and is now a statutory offense in all states.

true

Although the Fourth Amendment refers to "houses," its protections are extended to stores, offices and places of business.

true

An arrest is considered a "seizure" within the meaning of the Fourth Amendment.

true

An arrest must be based on probable cause and, with certain exceptions, is subject to the warrant requirement of the Fourth Amendment.

true

An excessively vague law can be challenged as a violation of due process. T/F

true

Assaults and batteries perpetrated against public officers (for example, fire and police personnel) are frequently classified as felonies. t/f

true

At common law a male under age fourteen was conclusively presumed not to be able to commit rape. t/f

true

At common law, a child under age seven could not be held responsible for any crime.

true

At common law, a person attacked had a duty to retreat before using deadly force in self-defense.

true

At common law, a person had the right to use reasonable force to prevent the commission of a felony or to protect members of his household who were endangered.

true

At common law, a private individual could make an arrest without a warrant if a felony was committed in the individual's presence.

true

Because of the age and vulnerability of minors, statutes proscribing child abuse are strict liability crimes in many states. t/f

true