CL final

The _____ Amendment outlawed alcohol consumption and the _____ Amendment made it legal again

18th, 21st

Plea bargains occur in what percentage of cases?

90%

To be guilty of rape, the intercourse must have been:

Against the victims will and with force or threat of force

Ted who was released sex offender living near a school expressed his love for children. an undercover policeman overheard Ted's comments and arrested him, the prosecutor's best theory to convict Ted is:

As a convicted sex offender, Ted can be legally arrested anywhere near a school

In which landmark case did the supreme court carve out the automobile exception to the Fourth Amendments warrant requirement?

Carroll v. United States

What does the fifth amendment protect against?

Compelled self-incrimination

Bob holds up a convenience store and flees the scene in a car he hijacks in the store parking lot. Eventually Bob is convicted of armed robery and vehicular hijacking. He sentenced to 15 years for the robbery and 10 years for the hijacking. He will serve his sentences simultaneously, being released in 15 years rather than 25. This is an example _____ sentencing.

Concurrent

Emergency circumstances, including hot pursuit, the possibility of escape, or evanescent evidence are examples of:

Exigent circumstances

Which of the following statements is true:

False pretenses is lying obtain a thing of value

What would be the proper result of a conflict resolved by the Supremacy Clause?

Federal law trumps state law

Outside of exigent circumstances, when may a officers make warrantless arrest?

In public spaces with probable cause

Fighting words are words but their very utterance:

Incite violence

In Michigan, a 6-yearold first grader shot and killed a fellow student. Under the law, the mens rea for the shooter is:

Irrebutable presumption he has no mens rea

A frisk requires:

Justification apart from that required for a stop, that a stop first take place, and reasonable suspicion that a person is armed and dangerous

A judge is supposed to be_____and______to ensure fairness throughout the criminal trial process.

Neutral, Detached

Any unoccupied or undeveloped real property falling outside the curtilage of a home is referred to as:

Open field

Which of the following is a type of identification procedure?

Photographic array, Lineup, and Show-up

the first Ten Amendments were added to the Constitution to:

Protect the people against abuse of government power

Government action alone is not enough to implicate the Fourth Amendment. The law enforcement activity must also infringe on a person's:

Reasonable expectation of privacy

Which level of justification is required for stops and investigative detentions that fall short of arrests?

Reasonable suspicion

What right does a defendant not give up by pleading guilty?

Right against cruel and unusual punishment

They typical definition of statutory rape is:

Sexual relation s between teens and one fours years older

Which type of conduct is not expressive conduct protected by the First Amendment?

Spitting at abortion protesters

Which case forms the foundation for the law governing police actions that are based on reasonable suspicion

Terry v. Ohio

the result of the Marbury v. Madison (1803) case was that the U.S. Supreme Court decided for itself that:

The Supreme Court could invalidate executive and legislative acts

Why focus attention on the constitutionality of arrest?

The constitutionality of an arrest is critical in determining whether evidence seized on connection with the arrest is admissible in court

In determining if an arrest has occurred, the courts will weigh:

The duration of a stop, officers intentions, and the degree of the intrusion

In a criminal trial, which party determines the defendants guilty or innocence?

The jury

Which of the following is true of consent searches?

The person must feel free to decline or refuse, citizens remain free to decline the officers request to conduct a search

What do show-ups consist of?

The suspect

Cross burning is legal under the First Amendment:

To celebrate a racist ritual on private property

The Purpose of a preliminary hearing is:

To test the sufficiency of the evidence

The reason for the enactment of a rape shield laws is:

Victims were shamed on the witness stand by defense attorneys

Concerning the scope of a frisk, the Supreme Court has required that the frisk be limited to:

a pat-down of the suspects outer clothing

Custody is defined by the Supreme Court as happening when:

a person has been taken into "custody", a person has been deprived of his freedom of action in any significant way, and a person has been formally arrested

According to the holding in Roe v. Wade (1973) all state abortion laws must:

allow first trimester abortions without government interference, have a health and safety of the mother exception, and tailor abortion restrictions without unduly interfering with a woman's rights to choose

The definition of a deadly weapon is:

any thing used in a manner to cause serious bodily harm or death

At common law, the difference between assault and battery was:

assault was a threat to injure and battery was causing the injury

Which of the following crimes tend not to be addictive?

breach of the peace

Drug and alcohol ingestion depress the body's ______ which may impair the formation of mens rea

central nervous system

Ted is bank teller when a bank robber comes in and demands all the money in Teds till. the legal fiction supporting the theory that the money in Teds till is his "personal Property" is called:

constructive possession

When criminal punishment is associated with vioation of the law, the U.S. Supreme Court has ruled that constitutional guarantees of ____ must apply

due process

Which of the following statements in not true?

duress is a defense to murder

Time, manner, place restriction as speech means that:

government cannot regulate the content of speech, but where and when it is said

The deadly weapon doctrine allows for the jury to infer that the offender:

had the specific intent to kill

Betting on dog fights is:

illegal

Miranda waiver must be:

intelligent, voluntary, knowing

To commit perjury, one must be aware that one is:

lying

Under common law, the term used to denote premeditation in murder cases was:

malice aforethought

Intoxication as a defense is based on the impairment to form the requisite ____ for the crime

mens rea

Concurrence occurs when:

mens rea meets actus reus

Smoking oregano thinking it is marijuana is a _____ while believing certain expenses qualify as business deduction for tax purposes is a ______.

mistake in fact, mistake in law.

Sex workers who trade sexual favors for______are guilty of prostitution.

money, shelter, and drugs

There are statutes of limitations for each of the following crimes except:

murder

Uttering is the crime of:

passing bad checks

Due process is often invoked with respect to:

personal rights, individual liberty, and property rights

With regard to the Fifth Amendment, the testimonial evidence requirement does NOT cover which of the following?

physical evidence

_____ is the process of negotiating an agreement among the defendant, the prosecutor and the courts as to what an appropriate plea and associated sentence should be in a given case

plea bargaining

By the 1970s, the myth that recreational drug use and illegal drug abuse was exclusively the scourge of the _____was widely debunked

poor

The burden of proving the defendant guilty beyond a reasonable doubt is called the burden of:

proff

Its called the worlds "oldest profession". It is:

prostitution

Solicitation is most often charged in the following types of crimes:

prostitution crimes

A cursory visual inspection of those places in which a person might be hiding is referred to as a:

protective sweep

A definition of a hate crime is:

punishing one for acting on their hate

Which of the following is not a mall prohibita crime?

rape

_____ is the process by which an authority imposes a lawful punishment or other sanction on a person convicted of violating the criminal law

sentencing

A crime closely associated with prostitution is:

solicitation

The three steps in order of the cycle of violence in a typical battering relationship are:

tension building, acute battering, honeymoon

The USA PATRIOT ACT was enacted as a comprehensive law enforcement tool to combat:

terrorist activity

A refutable presumption of possessing no mens rea can be over come by a showing:

that the offender could appreciate the criminality of his conduct

The difference between kidnapping and false imprisonment is:

the degree of asportation

A plain view seizure is authorized when:

the discovery of item to be seized is inadvertent, the items are immediately apparent as subject to seizure, and the police are lawfully in the area where the evidence is located

Will, Jackie, and Matt are three roommates. Police can charge all three with constructive possession of illegal narcotics if:

the narcotics found in the freezer in the kitchen

The battered womens syndrome is a defense based on:

the victims belief that her life is in danger

Which of the following is an argument against speedy trials?

they may not give the defense adequate time to prepare

To be competent to stand trial, a defendant must be able to ______ and be able to ______.

understand the trial proceedings; assist in his defense

Arson is often defined as the intentional and _____burning of a structure

unlawful

When crimes came to be seen as offenses against society, the needs of the ____ were largely forgotten

victim

To be liable for a crime, the offenders actus reus must be:

voluntary

An anarchistic rule for modern day causation analysis in murder cases is the:

year and a day rule