Finished Exam 3 Crim Law

A person who forces another to commit a crime may be charged with:

coercion.

A(n) ______ sentence would result in the shortest time a defendant would serve.​

concurrent

The text of the Eighth Amendment prohibits excessive bail, excessive fines, and:​

cruel and unusual punishment.

In Blakely v. Washington, the Supreme Court held the sentence was invalid under the Sixth Amendment, because the defendant was entitled to a jury trial on the facts supporting the finding that he acted with deliberate:​

cruelty.

Mike is the local political agitator and has been on his soap box to denounce the local mayor of the city where he lives. He claims the mayor has stolen from the city treasury and calls on all citizens to march on city hall. During his speech, Mike burns in effigy a likeness of the mayor. Mike was arrested by city police and charged with inciting a riot and slander, as well as making threats against a public official. Cleared of all charges, Mike leaves the courtroom and makes an obscene gesture towards the mayor. The mayor feels threatened but the courts would not view this gesture as:​

"fighting words."

Ivan works for the Russian diplomatic delegation in Chicago as a part of the Russian Federation Consulate. On Friday night, Ivan has too much to drink and is involved in an automobile accident where several people are injured. Ivan provides identification to the Chicago City Police, and demands to be released immediately. Ivan's demand to be released immediately and not charged with any crime is based on:

diplomatic immunity.

The doctrine that allows the federal and a state government to file separate criminal actions for the same criminal act is called:

dual sovereignty.

The Eighth Amendment prohibits the imposition of ______ fines.​

excessive

Insulting or abusive language addressed to a person face-to-face is:​

fighting words.

Fred was arrested for grand theft auto. The jury found him guilty and he was sentenced to twenty years in prison and his car was seized. This was his first conviction of a felony, though he had several misdemeanor offenses on his record. Fred's sentence would likely be overturned on appeal unless the factual findings made for the purpose of enhancing a sentence were made by a:​

jury.

The absence of fair procedures before corporal punishment is utilized on a public school student would be a violation of:​

procedural due process

A defense of mistake of fact will be disallowed under:

strict liability.

Flag and cross burning are examples of what ______ speech?​

symbolic

Nonverbal expressions that convey a belief or idea are ______ speech.​

symbolic

In the 1972 case of Furman v. Georgia, death penalty laws in all states were struck down by the US Supreme Court as:​

​"arbitrary and capricious."

A factor not used to determine when a speedy trial violation has occurred is:

​None of these choices.

A state or federal gun control law is likely to:​

​be upheld

Fawn purchases a gun for protection, even though a local ordinance forbids the possession of firearms within city limits. While in her home, the police arrive on an unrelated matter and notice the hand gun on Fawn's coffee table. The police subsequently arrest Fawn for violation of the city's gun control laws. Fawn admits to taking the gun with her to do her shopping, in violation of the city's ban on guns. The city:​

​can require Fawn to obtain a permit to carry a concealed handgun when she shops.

Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny's sister if Johnny didn't bring them illegal booze. If Bill and John had threatened Johnny, rather than Johnny's sister, then Johnny could claim the ______ defense.

​duress

If a defendant is tried for the same offense by both the state and federal governments, this is:

​not a violation of double jeopardy.

One person cannot stalk another person by:​

​reading a Facebook page.

Bill, who was forced to swallow chewing tobacco as punishment for chewing it in the boys' bathroom at high school, gets very angry thinking about the incident. He decides to confront the school's principal after a few days, and the discussion gets very heated. During the course of confrontation, Bill strikes the principal with his fist, resulting in the death of the principal. Bill is arrested and now stands trial for murder. Bill's defense attorney calls the school psychiatrist, who testifies that Bill is clinically insane. The effect of this information is that:​

Bill will not face the death penalty

Double jeopardy means that a person who has been acquitted by a judge or a jury may not be tried again, unless subsequent investigation reveals evidence that proves conclusively that the defendant is guilty.

False

Freedom of speech is an absolute right.

False

The US Constitution states a defendant must be tried within six months of arrest.

False

The United States Supreme Court has stated that life imprisonment without parole for juvenile offenders does not violate the Cruel and Unusual Punishment clause.

False

The offense of inciting another to commit a crime is not completed until the other person performs the unlawful act.

False

The prohibition against double jeopardy is found in the Sixth Amendment to the US Constitution.

False

The purpose of the Double Jeopardy Clause is to ensure that the government does not waste valuable resources retrying criminal defendants with little chance of success.

False

Violations of restraining orders are not "true threats."

False

A person who lies to federal investigators can be charged under the:​

Federal False Statement Act.

Janie is in love with Brad Pitt and sends fan letters to him constantly. Over time, the letters become more sinister and demanding, eventually containing threats and defaced pictures of Pitt. Frustrated with a lack of response, Janie begins to take time out of school to walk the sidewalk outside Pitt's home, and to follow him around the city. She finally corners Pitt alone and threatens to kill herself if he does not obtain an immediate divorce from Angelina Jolie and marry her. Pitt immediately goes to court. ______ would be considered to be a "true threat."​

NOT "Janie's threat to kill herself"

In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a party to the crime is called:

NOT "burden of proof. "

The United States Supreme Court has stated that life imprisonment without parole for juvenile offenders:​

NOT "is unconstitutional unless sufficient aggravating circumstances are presented by the prosecution."

If the defendant has a reasonable alternative, and harm is not imminent, the defendant may:

NOT "utilize the necessity defense."

The constitutional right to a speedy trial is found in the _____ Amendment.

Sixth

In Ring v. Arizona, 536 U.S. 584 (2002), the Court held that a state capital sentencing procedure that permitted the sentencing judge to make the factual determination of aggravating and mitigating circumstances violated the:​

Sixth Amendment's right of trial by jury.

In 1972, the Supreme Court, in Furman v. Georgia, invalidated all existing state death penalty laws.

True

In most states, duress is not a defense to a charge of murder.​

True

Local, state, or federal governments in the United States cannot forbid or suppress speech and punish the speaker unless the speech is likely to bring harm to people or property.

True

Should the conduct of law enforcement agents be deemed outrageous, it may violate the defendant's right to due process.

True

The Apprendi opinion caused many changes in sentencing procedures and also resulted in many reversals of sentences handed down by trial judges.

True

The Eighth Amendment of the US Constitution, ratified in 1791 as part of the Bill of Rights, provides that "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

True

The Supreme Court has stated that the right to bear arms is a "fundamental right" made binding on states by the Due Process clause.

True

The death penalty may not be imposed upon a person determined to be insane.

True

The doctrine that different governments may each file separate criminal actions for the same criminal act is the "dual sovereignty" doctrine.

True

The purpose of the Double Jeopardy Clause is to ensure that the government does not make repeated efforts to retry individuals for an alleged offense after an acquittal, thereby making the individual live in a continuing state of anxiety and insecurity.

True

The use of a firearm or dangerous weapon while committing a crime frequently serves as a basis for sentence enhancement.

True

If the prosecution seeks imposition of the death penalty after a jury has found the defendant guilty of the crime charged, he or she must produce evidence of ______ circumstances.​

aggravating

Foreign diplomatic officers in the United States are immune from:

both arrest and prosecution.