Exam 45: Criminal Law and Procedure

As a minimum, procedural due process requires notice:

Criminal procedure consists of a body of law that, for the purposes of preventing harm to society, defines what conduct is criminal and prescribes the punishment to be imposed for such conduct.

Violations of federal laws are investigated by various federal law enforcement agencies, including:

Criminal law consists of a body of law that, for the purposes of preventing harm to __________, defines what conduct is criminal and prescribes the punishment to be imposed for such conduct.

Courts have held that authorities generally do not commit a Fourth Amendment violation when a government agent obtains evidence by virtue of seeing an object that is in the agent's __________ and the agent has the right to be in the position to have that view.

Criminal procedure refers to the legal process and safeguards afforded to individuals (and in some cases business entities) during __________.

The criminal justice system is best thought of as one process that operates in two phases: investigation and adjudication.

Nearly three-quarters of the states have enacted criminal codes based on the Model Penal Code (MPC) adopted by the American Law Institute (ALI) in 1962.

Prosecutors have been increasingly willing to prosecute black-collar criminals under federal laws prohibiting the obstruction of justice for any conduct related to attempting to cover up evidence of wrongdoing.

The federal Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted in 1970 to provide the government with a powerful tool to fight the rising tide of organized crime. One purpose of the RICO law was to prevent organized crime from infiltrating legitimate business operations.

Aerial observations made by authorities are considered in __________ if the plane or helicopter is in public navigable airspace.

Criminal liability requires both a bad act (actus reus) and a guilty mind (mens rea).

Criminal law is based on state and federal laws that started as common law crimes but were codified into statutes based on the __________.

Criminal statutes are designed to protect society, and the violation of a criminal law results in a penalty to the violator, such as a fine or imprisonment, based on the wrongdoer's level of culpability.

Under the inclusionary rule, trial courts are required to exclude presentation of any evidence that is obtained as a result of a constitutional violation.

Criminal procedure sets limits on the government's authority in applying criminal law.

Which of the following is not a common law felony?

Misdemeanors are crimes that generally carry one year or more of incarceration as the penalty.

The responsible corporate officer doctrine, commonly referred to as the __________, permits the government to prosecute employees for corporate misconduct when they are in a position of authority and fail to prevent or correct a violation of the Food, Drug, and Cosmetic Act.

If a jury is unable to come to a consensus decision, a(n) __________ will be declared.