Deck 16: Crimes Against the State

Question 1

The mens rea of treason is a(n) ______ the United States.

A) levy of war against
B) promotion of the enemy
C) intent to betray
D) act of anger

Answer 1

C

Question 2

______ communicates, delivers, transmits, or attempts to communicate information to a foreign government purposely to injure the United States.

A) Treason
B) Sabotage
C) Sedition
D) Espionage

Answer 2

D

Question 3

The standard for determining whether an individual is a lawful or unlawful combatant is set forth in the ______.

A) Geneva Convention of 1949
B) International Human Rights
C) International Court
D) Treaty Against Torture

Answer 3

A

Question 4

______ laws are modern and updated versions of treason, sedition, sabotage, and espionage.

A) Counter-terrorist
B) Terrorist
C) Weapons of mass destruction
D) Criminal laws

Question 5

The threat, use, or conspiracy to use ______ within the United States or against an American citizen abroad is punishable under federal law.

A) weapons of war
B) weapons of torture
C) torture
D) weapons of mass destruction

Question 6

______ is the only crime defined in the U.S. Constitution.

A) Treason
B) Sabotage
C) Sedition
D) Espionage

Question 7

The U.S. seditious ______ statute is directed at the use of force against the government or the use of force to prevent the execution of any law or to interfere with governmental property and has been employed by prosecutors in recent years in terrorist prosecutions.

A) speech
B) libel
C) writing
D) conspiracy

Question 8

The U.S. Code prohibits ______, or spying.

A) treason
B) sabotage
C) sedition
D) espionage

Question 9

All of the following are crimes of violence included within the statute on terrorism that transcends national boundaries, EXCEPT ______

A) crimes against the person
B) crimes against moral order
C) crimes against the property harming the person
D) inchoate offenses

Question 10

______ is the U.S. assertion of the right to prosecute and punish criminal acts that occur outside American territory.

A) Foreign indictment doctrine
B) Extraterritorial jurisdiction
C) Foreign extradition doctrine
D) The Patriot Act

Question 11

Combat immunity is the contention that a member of an enemy country is immune from criminal prosecution if the acts of the combat are ______.

A) necessary
B) in duress
C) lawful
D) unlawful

Question 12

______ is the willful injury, destruction, contamination, or infection of any war material, war premises, or war utilities with the intent of interfering or obstructing the United States or an allied country during a war or national emergency.

A) Treason
B) Sabotage
C) Sedition
D) Espionage

Question 13

______ is intended to intimidate or coerce the American population or is intended to influence or affect the public policy of the United States primarily within the territorial jurisdiction of the United States.

A) International terrorism
B) Domestic terrorism
C) Foreign terrorism
D) Worldwide terrorism

Question 14

All of the following are considered to be weapons of mass destruction EXCEPT ______.

A) poison gas
B) smallpox
C) nuclear material
D) guns

Question 15

______ at common law was any communication intended or likely to bring about hatred, contempt, or dissatisfaction with the king, the constitution, or the government.

A) Treason
B) Sabotage
C) Sedition
D) Espionage

Question 16

______ may be committed in peacetime against defense materials, premises, or utilities.

A) Treason
B) Sabotage
C) Sedition
D) Espionage

Question 17

Which of the following is the only criminal offense listed by name in the U.S. Constitution?

A) treason
B) sabotage
C) sedition
D) espionage

Question 18

All of the following are considered to be crimes against the state EXCEPT ______.

A) treason
B) flag burning
C) sedition
D) espionage

Question 19

______ is intended to intimidate or coerce the American population or is intended to influence or affect the public policy of the United States outside of the United States.

A) International terrorism
B) Domestic terrorism
C) Foreign terrorism
D) Global terrorism

Question 20

______, the "American Taliban," argued for the defense of combat immunity.

A) John Lennon
B) John Walker Lindh
C) Steven Earl
D) Jeffrey Walker

Question 21

______ is defined in Article III,

Question 22

How many judges from the United States sit on the International Criminal Court?

A) 3
B) 7
C) 0
D) 1

Question 23

The United States Code,

Question 24

Mike and his comrades possessed fairly strong anti-U.S. sentiments during wartime despite being U.S. citizens themselves. They decided they were going to engage in an act of betrayal in order to show the U.S. government that ending the war was absolutely necessary. Two individuals in his group were actually undercover FBI agents who intended to serve as two witnesses in court during their eventual prosecution for treason. One of the undercover agents is pressing for prosecution now before Mike and his group have a chance to do any damage. If the prosecution commences and subsequently fails, what is the most likely reason for its failure?

A) There was no intent to wage war against the United States.
B) There was no intent to betray the United States.
C) There was not yet an overt act of levying war against the United States or giving aid and comfort to the enemies of the United States.
D) There were no credible witnesses.

Question 25

All of the following are reasons utilized by the federal district court for denying lawful combatant status to the Taliban EXCEPT ______.

A) The organization lacked a disciplined command structure.
B) The members of the organization did not wear recognizable military uniforms or symbols.
C) The organization did not respect the rules of warfare.
D) The organization was foreign in nature and so may not seek the protection of the Geneva Convention.

Question 26

The ______ declared that it was a crime to conspire to teach or advocate the forcible overthrow of the U.S. government or to be a member of a group that advocated the overthrow of the government.

A) Patriot Act
B) Conspiratorial Sedition Act
C) Smith Act
D) Yates Act

Question 27

Travis and Greg had a lot of time on their hands with not much to do. They were just 18 and had very little supervision at home because their father had just gone off to fight in the Gulf War. They put together a plan to break into the National Guard headquarters just to see if they would be able to do it successfully. They had been watching lots of Mission Impossible lately and it motivated them to do something exciting. Their plan was to scale the fence, slowly crawl undetected through the yard, climb the building, drop in through the chimney, and exit through the front door. Might Travis and Greg be found guilty of sabotage?

A) Yes, because they interfered with the national defense of the United States
B) No, unless the prosecution can demonstrate a specific intent to injure the national defense
C) Yes, because sabotage is a strict liability crime
D) No, regardless of their intent because there was no demonstrable damage

Question 28

An organization called the Weathermen formed in opposition to the Vietnam War. The group was comprised mostly of student activists with high morals who wished to put a stop to the war and racist practices in the United States. As time went on and the war persisted they became increasingly violent. At a point they completed a series of bombings at various government buildings in an effort to make their voices heard. They took steps to ensure no one was hurt in their acts of defiance. If the members of the group were to be prosecuted for a crime, which of the following would be most appropriate?

A) international terrorism
B) disorderly conduct
C) espionage
D) domestic terrorism

Question 29

James lives on the southern border of Texas. He can see Mexico from his home. He has grown tired of watching people come across the border illegally and has decided to do something about it. He joins a local vigilante group that works to contain illegal immigrants by whatever means necessary and return them to Mexico. During one capture thing got out of hand and he fatally shot a Mexican citizen. If James' defense is that he was acting as a lawful combatant, will he be successful?

A) Yes
B) No, unless he was wearing camouflage at the time of the incident
C) No, because he was not acting in concert with a recognized armed force
D) Yes, because he was working on behalf of the United States

Question 30

Sabotage is ______?

A) a general intent crime
B) a strict liability crime
C) a specific intent crime
D) a crime that carries a mandatory minimum sentence

Question 31

What crime is the willful injury, destruction, contamination, or infection of any war material, war premises, or war utilities with the intent of injuring or interfering or obstructing the United States during a war or national emergency?

A) treason
B) sabotage
C) sedition
D) terrorism

Question 32

The origins of international criminal law can be traced back to ______.

A) prosecution of Nazi war criminals
B) prosecution of genocide criminals in Rwanda
C) prosecution of war criminals following World War I
D) the signing of the Treaty of Versailles

Question 33

Who was the defendant in the case in which a federal district court reasoned that the prosecution was lawful because the Taliban did not meet lawful combatant status?

A) James Walker
B) John Walker Lindh
C) Walker Texas Ranger
D) John Wentworth

Question 34

Which of the following crimes is more difficult to prove?

A) espionage during wartime
B) espionage during peacetime
C) dissemination of classified government information
D) They are all equal and require the same mens rea.

Question 35

What type of court hears cases dealing with international criminal law?

A) the U.S. Supreme Court
B) any district court in the United States
C) only courts situated in the country in which the crime occurred
D) International Criminal Tribunals

Question 36

What is the difference between seditious speech and seditious libel?

A) Libel is limited to newspaper articles.
B) Libel only applies to the government.
C) Libel is limited to writing.
D) Libel applies to the public only.

Question 37

______ is defined as the seizing or exercising control over an aircraft by force, violence, threat of force or violence, or any form of intimidation with a wrongful intent.

A) Aircraft hijacking
B) Air piracy
C) Air vehicle hijacking
D) Vehicular piracy

Question 38

Which of the following is an offense calculated to influence or affect the conduct of government by intimidation or coercion or to retaliate against government conduct?

A) federal crime of terrorism
B) international terrorism
C) domestic terrorism
D) homegrown terrorism

Question 39

All of the following types of crimes are typically covered by international criminal law EXCEPT ______.

A) genocide
B) torture
C) war crimes
D) homicide

Question 40

Paul feels as though the U.S. government is no longer listening to the people. He believes that his right to privacy is violated every day with the use of cameras and data collection methods that infringe upon the rights of everyday citizens. He has worked at a government agency for many years and has seen firsthand the disregard for rights of individuals. The government has used the ongoing war in Afghanistan as an excuse for their overarching data collection practices. Paul decides to release all of the information collected by the United States to the government of a foreign adversary to use with it as the officials deem appropriate. He has much of the information stored on several hard drives and intends to send it to foreign government officials and excerpts of what he has collected to news reporters. Has Paul committed a crime?

A) No, he has not taken any affirmative action at this point.
B) No, because the data has not traded hands yet.
C) Yes, because he intends to communicate the information to an enemy.
D) Yes, provided he has taken a clear act toward the accomplishment of the goal.

Question 41

Which of the following have amended and strengthened antiterrorist statutes?

A) Rules Governing International and Domestic Political Disputes
B) Antiterrorism and Effective Death Penalty Act
C) USA Patriot Act
D) Article III,

Question 42

Timothy is an anarchist. He wrote a series of pamphlets calling for revolution and the violent overthrow of the U.S. government. At his trial he intends to use truth as his defense. In order for truth to be recognized as a defense, under what law will he be charged?

A) the common law
B) judicial law
C) alien and sedition acts
D) civil rights acts

Question 43

The U.S. Government has sent out limited press releases regarding a new long-range weapon. The press releases outline general details of its existence and capabilities but does not give details regarding the science behind the weapon. A hacker group was able to steal the actual plans of the design from the American defense files and make it publicly available on the internet for all to see, whether friend or foe of the United States. Has the hacker group committed a crime despite the fact that the United States had already released information regarding the new weapon?

A) No, because once the United States has released plans the public is free to access those plans and disseminate them in a lawful manner
B) No, because there must be actual harm in order to charge with a crime
C) Yes, because the government had not yet released the specific details
D) Yes, because even dissemination of already released plans would be a chargeable offense

Question 44

In 2001, Congress adopted the Yates Act, which declares that it was a crime to conspire to teach or advocate the forcible overthrow the United States.

Question 45

English royalty prosecuted and convicted critics of the monarchy for treason.

Question 46

If conspirators meet in another country and plan to attack an American city, the crime is removed from the jurisdiction of the United States and handed over to an international prosecutorial body.

Question 47

At English common law, sedition could be accomplished by seditious speech or seditious libel.

Question 48

Treason is not defined in the U.S. Constitution.

Question 49

What made the distinction between the advocacy or teaching about the overthrow of the government and advocating for or teaching action?

A) the Smith Act
B) Yates v. United States
C) Dennis v. United States
D) The Patriot Act

Question 50

There is a separate offense of knowingly providing material support or resources to a foreign terrorist organization or an attempt or conspiracy to do so.

Question 51

One of the most active areas of criminal activity in the new global economy is the theft by foreign governments of trade secrets from U.S. corporations.

Question 52

Treason is a written or verbal communication intended to create disaffection, hatred, or contempt toward the U.S. government.

Question 53

The U.S. Code punishes espionage and espionage during war as the same offense.

Question 54

In order for a conviction of treason, a witness must testify that the defendant committed the overt act of treason.

Question 55

Most acts of terrorism within the United States are prosecuted as ordinary murders, arson, kidnappings, and bombings, rather than acts of terrorism.

Question 56

Which of the following is an example of theft of a trade secret from a U.S. corporation by a foreign government?

A) A new U.S. laboratory develops new drug to cure Alzheimer's disease and a foreign government steals the formula.
B) The U.S. military develops a strategy to win a war in a Middle Eastern country and the government of that country sends intelligence officers to infiltrate the U.S. military and gather information.
C) The U.S. creates various designs for new nuclear weapons and willingly shares them with officials of ally countries.
D) none of these

Question 57

Possession of a biological or toxic weapon or delivery system that cannot be justified by a peaceful purpose is subject to imprisonment for up to 10 years or a fine or both.

Question 58

The United States considers some terrorists to be lawful combatants.

Question 59

It is not an offense to merely threaten, attempt to use, or conspire to use a weapon of mass destruction.

Question 60

Federal law divides terrorism into international terrorism and domestic terrorism.

Question 61

Sabotage may only be committed in times of war.

Question 62

The United States has brought hundreds of prosecutions for treason.

Question 63

Karl believes that the United States is a military "bully" and has decided that he wants to assist the underdog country. He has obtained a blueprint of the newest fighter jet that the U.S. military plans to use in the current war. Karl makes copies of the blueprint and sends the copies to the enemy. What crime has Karl committed? Would this crime be different if the United States was not engaged in war? If you were Karl's defense attorney, what would you argue for his defense?

Question 64

Explain why it was that the Founding Fathers felt it necessary to create such a strict definition of treason and to place it in the U.S. Constitution.

Question 65

What types of laws has the United States passed to combat terrorism? Some say that these laws hinder and invade the privacy of civilian citizens who are otherwise innocent. Do you believe this is the case? Why or why not? Do you believe these laws are necessary for national security? Why or why not?

Question 66

The United States asserts the right to prosecute and punish criminal acts that occur outside American territory and is termed extraterritorial jurisdiction.

Question 67

The U.S. government has primarily relied on the prohibition against material assistance to terrorists and to terrorist organizations.

Question 68

What is the difference between international and domestic terrorism?

Question 69

What is the definition of sabotage?

Question 70

What is the definition of sedition?

Question 71

Jason and Julie have joined the First Order, a nationalist organization that is against the government of the United States. Jason and Julie have the duty to provide housing and ammunition for members of the group who plan to wage war against the U.S. government. What crime have Jason and Julie committed? What is the mens rea of this offense? What is the actus reus of this offense? If you were Jason and Julie's defense attorney, what would you argue for their defense?

Question 72

Mike and Monica are against the war in Iraq. They have attended protests, written letters to the government, and staged mock funerals to voice their opinion. Feeling that their efforts are going unnoticed, Mike and Monica go to Scott Air Force Base and set the defense materials on fire. What crime has Mike and Monica committed? What is the legal definition of this crime? If you were the defense attorney, what would you argue for the defense of Mike and Monica?

Question 73

Burning the American flag is considered a crime against the state.

Question 74

What is the definition of espionage?

Question 75

Henry, an American citizen, has been living in Iran for the last 10 years. While in Iran, Henry joined a terrorist organization and has been plotting to attack the United States. The plans have been confiscated, and Henry is detained. What crime has Henry committed? Does the United States have jurisdiction over Henry's offense? Why or why not? If you were Henry's defense attorney, could you argue combat immunity? Why or why not?

Question 76

What was the definition of sedition at the common law?

Question 77

What is the definition of treason?

Question 78

Marie is an anarchist. She has been talking online with other anarchists and anarchist organizations. Together, she and her new friends make plans to overthrow the government of the United States. What crime has Marie committed? What is the legal definition of this crime? If you were the defense attorney, how would you defend Marie?

Question 79

What is the difference between espionage and espionage during wartime?

Question 80

What is the Geneva Convention?