Deck 15: Criminal law

Question 1

A willful violation of a statute requires that the defendant acted with knowledge that his conduct was unlawful.

Answer 1

True

Question 2

The Seventh Amendment grants the defendant in most criminal prosecutions the right to the assistance of counsel.

Answer 2

False

Question 3

In a criminal trial,the defendant must be proven guilty by a preponderance of the evidence.

Answer 3

False

Question 4

A misdemeanor is a crime punishable by a fine or a jail sentence of less than one year.

Question 5

A preliminary hearing requires the prosecutor to present probable cause that the defendant committed the crime.

Question 6

Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith.

Question 7

The Racketeer Influenced and Corrupt Organizations Act (RICO)was originally designed to combat corporate crime.

Question 8

A sales representative cannot legally accept a kickback from a purchaser of his or her employer's products.

Question 9

Larceny is the wrongful taking of someone else's property without that owner's consent.

Question 10

A jury trial is not required in cases in which the authorized punishment for the charged offense is six months or less.

Question 11

A border patrol officer cannot touch or squeeze a bus passenger's carry-on bag placed in the overhead rack,even though other passengers might also be expected to touch the bag.

Question 12

The erroneous admission at trial of a coerced confession will not always automatically require that the conviction be overturned.

Question 13

The Fifth Amendment grants the criminal defendant a right to a trial by jury.

Question 14

Under strict liability,a defendant can be guilty of a crime regardless of his or her state of mind.

Question 15

Criminal recklessness is when a person consciously intends to cause the harmful result.

Question 16

Requiring a person to appear in a lineup does not violate the Fifth Amendment.

Question 17

Use immunity prohibits the testimony of a witness from being used against him or her in any way in a criminal proceeding.

Question 18

An arrest is considered a seizure under the Fourth Amendment.

Question 19

Statutes define criminal acts,but the common law defines the requisite state of mind.

Question 20

The Computer Fraud and Abuse Act makes the accidental transmission of computer viruses illegal.

Question 21

________ prohibits the testimony of the witness from being used against him in any way.

A)Transactional immunity
B)Use immunity
C)Nolo contendere
D)Plea bargaining

Question 22

_________ for arrest is defined as a reasonable belief that the suspect has committed a crime or is about to commit a crime.

A)Probable cause
B)Support
C)Probable reason
D)Reasonable cause

Question 23

Evidence found as the result of an illegal search may be characterized as

A)irrelevant.
B)the fruit of the poisonous tree.
C)prosecutorial misconduct.
D)none of the above.

Question 24

The Fifth Amendment protects a defendant from being required to produce

A)compelled testimony
B)blood samples
C)handwriting samples
D)all of the responses are correct

Question 25

Criminal law protects society principally by

A)vindicating society's values
B)compensating the victim
C)punishing the criminal
D)defining the rules of social behavior

Question 26

The term ________ merely requires proof of knowledge of the facts that constitute the offense,not knowledge that the act is unlawful.

A)knowingly
B)willfully
C)recklessly
D)intentionally

Question 27

Which of the following is not an exception to the exclusionary rule?

A)Inevitable discovery
B)Good faith
C)Inevitable oversight
D)Plain view

Question 28

A ________ is any crime that is punishable by death or imprisonment for more than one year.

A)misdemeanor
B)felony
C)federal offense
D)white collar crime

Question 29

An arrest is a _________ Amendment seizure.

A)First
B)Sixth
C)Third
D)none of the responses are correct

Question 30

The defendant formally pleads guilty or not guilty at the

A)arraignment
B)preliminary hearing
C)indictment
D)trial

Question 31

________ is the subsequent conversion of money or property that was lawfully in the employee's possession by reason of his or her employment.

A)Embezzlement
B)Larceny
C)Fraud
D)White collar crime

Question 32

Which of the following is false regarding seizures and searches after a traffic stop by a police officer?

A)If a police officer makes a traffic stop that is objectively justified by probable cause to believe a traffic violation has occurred,then it is irrelevant that the police officer might have used the
Violation only as a pretext to stop the car.
B)Police officers need not inform detained drivers that they are "legally free to go" before asking for consent to search their vehicles.
C)A police officer may order passengers out of a vehicle during the course of a traffic stop.
D)A police officer can conduct a full car search after issuing a routine traffic citation.

Question 33

The term actus reus is often used to describe a guilty

A)thought.
B)mind.
C)deed.
D)intent

Question 34

Which of the following is not an exception to the warrant requirement for a lawful search?

A)A search when the owner or a person who appears to have authority voluntarily and intelligently consents to the search.
B)A search of a residence if there is probable cause to believe evidence of a crime will be found.
C)Anything discovered by police in plain view if the officers are legitimately on the premises.
D)A stop and frisk of a suspect if the officer reasonably believes the suspect is dangerous.

Question 35

A(n)________ state of mind is the least culpable type of mens rea.

A)negligent
B)reckless
C)intentional
D)willful

Question 36

RICO was originally designed to

A)combat white-collar crime
B)combat organized crime
C)provide a civil remedy for white-collar crime
D)Both combat white-collar crime and organized crime

Question 37

With search warrants,the courts have struggled to strike the appropriate balance between ________ and the government's legitimate need to secure evidence of criminal activity.

A)probable cause
B)the individual's expectation of privacy
C)procedural safeguards
D)criminal law

Question 38

Under the ________ rule,a statement made by a defendant in custody is admissible only if the defendant was informed prior to police interrogation of his or her constitutional rights.

A)forced self-incrimination
B)double jeopardy
C)Miranda
D)due process

Question 39

________ is the process whereby the prosecutor agrees to reduce the charges in exchange for a guilty plea from the accused.

A)Preliminary hearing
B)Nolo contendere
C)Plea bargaining
D)Voire dire

Question 40

In the ________,a prosecutor must present evidence demonstrating probable cause that the defendant committed the crime.

A)arraignment
B)preliminary hearing
C)informational hearing
D)trial

Question 41

Which of the following statements is not true regarding the warrant requirement of the Fourth Amendment?

A)Some stops and searches may be justified without a search warrant.
B)The Supreme Court has permitted a warrantless search of garbage cans placed at curbside for collection.
C)An arrest warrant is generally required for arrests in the suspect's own home.
D)A search warrant is required for the government to search an individual's bank records.

Question 42

_________ liability is the imposition of liability on one party for the wrongs of another.

A)Vicarious
B)Validity
C)Relator
D)None of the above

Question 43

A valid search warrant must _________.

A)be based on reasonable cause
B)describe in specific detail what is to be searched or seized
C)be supported by an informant
D)all the responses are correct

Question 44

Fact pattern 15-1
Beatrice,a bank teller,was angry with her employer,Big Bank,because she did not get a raise.Each day she begins to keep for her own use small amounts out of funds deposited by customers at her station.Eventually,she is caught when customers begin to complain about discrepancies and bank officials conduct surveillance of her actions.Big Bank is very unpopular in the community because of a number of foreclosures.The trial against Beatrice results in a hung jury when the twelve jurors are hopelessly deadlocked probably because of their dislike of Big Bank.Beatrice is thrilled and believes that she can forget about the whole mess although her cell mate tells her that she may not be out of the woods yet.
Refer to fact pattern 15-1.What crime had Beatrice committed?

A)Larceny
B)Embezzlement
C)Robbery
D)Both robbery and embezzlement

Question 45

List six of the major exceptions to the requirement for a search warrant.Discuss fully.

Question 46

The Fifth Amendment does not prohibit

A)double jeopardy.
B)criminal trials without an attorney.
C)forced self-incrimination.
D)criminal conviction without due process of law.

Question 47

The ________ prohibits the introduction of evidence offered as proof of guilt in a criminal trial that was illegally obtained in violation of the Fourth Amendment.

A)exclusionary rule
B)fruit of the poisonous tree
C)good faith exception
D)inevitable discovery exception

Question 48

Which of the following statements is not true regarding the Sixth Amendment right to have the assistance of counsel for criminal proceedings?

A)The accused has the right to use his or her own attorney.
B)Once in custody,the accused must be informed of the right to counsel.
C)The assistance of counsel must be effective.
D)There is no constitutional right to counsel on any appeal of a verdict.

Question 49

Greg has too much to drink at a local bar.He yells out that Lynette,who was in the bar and had just turned him down for a date,is loose with her affections and has even been guilty of stealing money from wallets of her dates.Those allegations are untrue.In fact,Lynette is a Sunday school teacher who does not drink and was only in the bar accepting donations for a local charity.Lynette promptly slaps him,and he pushes her away.Unfortunately for Greg,a police officer is present in the bar and arrests Greg.Based on the altercation,Greg pays a hefty fine and spends 24 hours in jail for violation of the jurisdictions criminal battery statute.The next week,Greg receives a civil complaint filed by Lynette for defamation and a civil cause of action for battery.Greg says that he already paid for the offense and that he should not be prosecuted twice.What should Greg do?

A)Greg should file a motion to dismiss Lynette's suit which should be granted because of the bar against double jeopardy.
B)Greg should file a motion to dismiss Lynette's suit which should be granted because of the bar against double jeopardy,and he should also sue Lynette for malicious prosecution.
C)Since he can be held either civilly or criminally liable,but not both,Greg should consent to proceed with the civil action and move to have the criminal conviction set aside because the civil action will not look as bad on his record.
D)He should try to settle with Lynette because the criminal conviction is no defense to civil liability.

Question 50

When the conduct of law enforcement officials in obtaining a confession is outrageous or shocking,_________ bars the government from using the involuntary confession,even if the Miranda warnings were given.

A)fair process
B)due process
C)regulatory protection
D)none of the responses are correct

Question 51

The Fifth Amendment protects citizens from involuntary self-incrimination.Discuss the application of this constitutional protection in the following areas: a statement made by a defendant in custody who has not been informed of his or her constitutional right to remain silent and to have counsel present,a blood sample given by a defendant,a handwriting sample given a defendant,required participation in a lineup.Explain transactional and use immunity.How does each affect a person's right not to testify under oath? Discuss fully.

Question 52

Set forth five of the nine factors used by the Department of Justice to decide whether to indict a company.

Question 53

Dan is a local retailer of "Nice," a natural substance that makes a person more ethical than his government.The state of Chaos passes a law making it illegal to "possess any substance that increases ethical behavior beyond acceptable government limits." The police then begin to conduct random warrantless searches of all buildings,looking for the now illegal substance.Dan is arrested for possessing Nice after it is found in his business.Explain the defenses available to Dan under the Fourth Amendment.Discuss fully.

Question 54

Fact pattern 15-1
Beatrice,a bank teller,was angry with her employer,Big Bank,because she did not get a raise.Each day she begins to keep for her own use small amounts out of funds deposited by customers at her station.Eventually,she is caught when customers begin to complain about discrepancies and bank officials conduct surveillance of her actions.Big Bank is very unpopular in the community because of a number of foreclosures.The trial against Beatrice results in a hung jury when the twelve jurors are hopelessly deadlocked probably because of their dislike of Big Bank.Beatrice is thrilled and believes that she can forget about the whole mess although her cell mate tells her that she may not be out of the woods yet.
Refer to fact pattern 15-1.Can Beatrice be tried again for the same crime?

A)No,because of the double jeopardy bar.
B)Only if at least five of the jurors voted in her favor to acquit her.
C)Only if at least six of the jurors voted in her favor to acquit her.
D)Yes.

Question 55

________ prohibits any criminal prosecution of the witness that relates to any matter discussed in his or her testimony.

A)A consent decree
B)Transactional immunity
C)Use immunity
D)Plea bargaining

Question 56

Dave has been arrested in connection with a recent string of burglaries.While he was in custody,he was shown falsified laboratory results that connected him with the crimes.Based on the false evidence,Dave confessed to the crimes during interrogation.Dave was then given his Miranda warnings and booked.What constitutional rights may Dave assert to prevent his confession being used against him at trial? Does the state have any defenses available? Discuss fully.

Question 57

Benji,a truck driver,is told by his boss,Penny,to quickly deliver a load of steel and to get to the location within an hour regardless.Benji replied,"That's impossible - I'd have to go 90 miles per hour to do that." Penny said,"Well,you'd best get started." Not surprisingly,Benji was stopped by a highway patrol officer and fined for both speeding and reckless driving.When he went to court,Benji told the judge that he should be found innocent because he was only acting upon orders of his boss,Penny.Is Benji correct?

A)Yes.
B)No.
C)Yes,but only if he can establish that he had a written contract obligating him to follow Penny's orders.
D)Yes,but only if he has no previous record of speeding.

Question 58

In a criminal case,the accused is presumed innocent until proven guilty

A)by a preponderance of the evidence
B)by clear and convincing evidence
C)beyond a reasonable doubt
D)any of the above

Question 59

Sherdon really wants to buy a new $40,000 boat,but lacks the funds with which to do so.He spends some amount of time thinking about robbing the local bank.He casually mentions to his wife,Pearl,that he has such thoughts.A few weeks later Pearl leaves Sherdon for the local mail carrier.Pearl and Sherdon get in a dispute regarding splitting up their property.In a fit of anger,Pearl calls law enforcement and informs on Sherdon for thinking about the bank robbery.The police arrest Sherdon.Which of the following is the most likely result assuming Pearl is believed by a judge and jury?

A)Sherdon should be released because he has committed no crime.
B)Sherdon should be found guilty of plotting to commit a felony.
C)Sherdon should be found guilty of the felony of "guilty mind."
D)Sherdon should be found guilty of conspiracy.
E)Sherdon should be found guilty of the misdemeanor offense of "wrongful contemplation."

Question 60

Paul suspects that his girlfriend Jen,who does a significant amount of photography on a freelance basis from her home,is cheating on her income taxes.One day he and Jen have a big argument,and she tells him to get lost.The next weekend,while Jen is out with her new boyfriend,Paul uses his spare key to her house and goes in to her home office.He goes through the records she keeps of her receipts and checks,as well as copies of her income tax filings.Just as he suspected,Jen was taking significant cash payments without paying tax.He took the incriminating records to the Internal Revenue Service.Jen was later arrested for income tax evasion.She tells her lawyer that she wants to defend on the basis that Paul violated her Fourth Amendment rights by conducting an illegal search.Which of the following is true regarding her claim?

A)She is correct that her Fourth Amendment rights were violated by the search,and the evidence Paul obtained should be excluded from the trial.
B)She is correct that her Fourth Amendment rights were violated by the search,but the evidence Paul obtained should not be excluded from the trial.
C)She is correct that her Fourth Amendment rights were violated; but the evidence will be excluded from trial only if she can establish that she had requested that Paul return the key,and he had wrongfully refused to do so.
D)She is incorrect in asserting that her Fourth Amendment rights have violated by Paul's actions.

Question 61

Officer Sam obtained a search warrant to search Susie's apartment based upon a tip from Alice,an informant,to the effect that Susie was selling drugs.Alice had actually lied to Sam because she was angry with Susie for going out with Alice's boyfriend.Sam was suspicious of all the tenants in Susie's building and got a search warrant authorizing a search of the building for anything illegal.In Susie's apartment he found a small amount of marijuana that Susie used personally.Alice started feeling guilty and confessed that she had lied about the whole matter.Susie is being prosecuted.Does she have any defense based upon the warrant? Why or why not?

Question 62

Explain what must be shown to establish violations of RICO and the Wire and Mail Fraud Act.Discuss fully.