Deck 10: Vice Crimes

Question 1

Although originally a canonical offense, bigamy later became a common-law offense and is now a statutory offense in all states.

Answer 1

True

Question 2

Under decisions of the United States Supreme Court, a state may not prohibit the sale or distribution of obscene materials to consenting adults.

Answer 2

False

Question 3

In Reynolds v.United States (1878), the Supreme Court held that a strongly held religious belief is a justification for violating a criminal prohibition, as long as the act in question is nonviolent.

Answer 3

False

Question 4

Today, prostitution is illegal in all states except Nevada, where it exists by local option in some counties, although it is strictly regulated by law.

Question 5

The common law regarded gambling as a felony.

Question 6

Statutes prohibiting gambling are frequently interpreted to exclude contests where participants pit their physical or mental skills against one another for a prize.

Question 7

Most states have enacted implied consent statutes stipulating that a person who drives a motor vehicle is deemed to consent to blood, breath, or urine testing to determine their blood-alcohol content.

Question 8

Most states now require mandatory minimum jail terms for first-time DWI, DUI, or DUBAL offenders.

Question 9

In 2005 the Supreme Court held that Congress had no power to prohibit the possession of marijuana intended solely for personal medicinal use as authorized by state law.

Question 10

The U.S.Supreme Court has held that criminalizing the public presence of an intoxicated person is contrary to the constitutional prohibition of "cruel and unusual punishments."

Question 11

At common law, the use of obscene language in public was punishable as a public nuisance.

Question 12

In the early nineteenth century a number of American states enacted statutes criminalizing seduction.

Question 13

Under federal law, it is not an offense to use the mail to transport drug paraphernalia.

Question 14

Federal law provides for confiscation of illegal drug paraphernalia but there is no statutory provision requiring forfeiture of vehicles or aircraft used in transporting contraband.

Question 15

In reviewing the constitutionality of child pornography laws, the U.S.Supreme Court has applied a different standard than that it has applied in dealing with the issue of obscenity.

Question 16

According to the textbook, vice crimes have no implications for the public health, safety and welfare and therefore should be viewed solely as offenses against public morality.

Question 17

The U.S.Supreme Court has upheld the validity of a state "implied consent" law providing for suspension of a driver's license of a person arrested for driving while intoxicated who refuses to take a breathalyzer test.

Question 18

Not all states proscribe the manufacture, sale, or possession of controlled substances.

Question 19

States have established lower permissible blood-alcohol levels for juvenile drivers.

Question 20

Under the Twenty-First Amendment, states have no authority to ban or regulate the manufacture of alcohol.

Question 21

In _______________ (1962), the U.S.Supreme Court ruled that states may not criminalize the mere status of being addicted to such drugs.

A)Ciraolo v.California
B)Chapman v.California
C)Proctor v.California
D)Robinson v.California

Question 22

Where gambling is prohibited, state laws customarily make it unlawful to possess gambling devices and provide for their ____________.

A)regulation
B)taxation
C)confiscation
D)None of these

Question 23

In some jurisdictions, offenses involving ________________ of a very small quantity of marijuana are classified as misdemeanors.

A)manufacture
B)sale
C)importation
D)possession

Question 24

Although _________ was not a crime at common law, statutes proscribing it have been part of the laws directed against public immorality since the early history of the United States.

A)bigamy
B)fornication
C)prostitution
D)adultery

Question 25

In Barnes v.Glen Theatre (1991) the U.S.Supreme Court _____________________.

A)agreed that a state may not limit the performance of nude dancing in a lounge where only consenting adults are viewers
B)upheld an Indiana law interpreted to prohibit totally nude dancing in bars
C)held that prohibiting the performance of nude dancing is related to expression and therefore violates the First Amendment to the U.S.Constitution
D)by a unanimous decision adopted the view that nude dancing is not an expressive activity protected by the United States Constitution

Question 26

Originally a canonical offense, ____________ was later prohibited by common law and is now universally prohibited by laws in all states

A)adultery
B)sodomy
C)bigamy
D)seduction

Question 27

A federal statute called the _____ Act prohibits interstate travel in aid of unlawful gambling.

A)Travel
B)Mann
C)Hawthorne
D)Reno

Question 28

Sodomy was originally a (an) _________ offense, but became a felony in the later stages of the common law.

A)civil
B)misdemeanor
C)capital
D)ecclesiastical

Question 29

Which one of the following statements regarding prostitution is incorrect?

A)Most states make it an offense to solicit for a prostitute.
B)Modern statutes provide for conviction of customers as well as prostitutes.
C)Statutes commonly declare houses of prostitution as public nuisances.
D)Prostitution is illegal in every jurisdiction in the United States.

Question 30

Today federal law and the laws of most states authorize the ___________ of real estate used in illegal drug trafficking.

A)search and seizure
B)taxation
C)disclosure
D)forfeiture

Question 31

The _____ Act is now being used to combat human trafficking.

A)Mann
B)Humbolt
C)Sherman
D)USA PATRIOT

Question 32

In legislative reform of laws regulating sexual conduct, which of the following would be the least likely reform to be undertaken?

A)Repeal of laws making fornication a criminal offense.
B)Decriminalizing consensual sodomy.
C)Repealing a law defining seduction as a criminal offense.
D)Repeal of laws prohibiting bigamy by persons whose religious beliefs condone having more than one spouse.

Question 33

The offense of indecent exposure is also known as ___________.

A)obscenity
B)lewd and lascivious conduct
C)public immorality
D)sodomy

Question 34

In Pope v.Illinois (1987), the Supreme Court held that the application of _____________ is appropriate in evaluating the first two prongs of the Miller test for obscenity.

A)contemporary community standards
B)the prurient interest test
C)the rational basis test
D)the compelling state interest test

Question 35

In Lawrence v.Texas (2003), the United States Supreme Court ____________ a state statute prohibiting sexual relations between persons of the same sex.

A)upheld
B)struck down
C)refused to review
D)modified

Question 36

Where controlled substances and drug paraphernalia are declared ___________, they are subject to confiscation.

A)public nuisances
B)in camera
C)contraband
D)res judicata

Question 37

Persons of a __________ persuasion generally believe that the state should be neutral in matters of morality, much as it is with respect to religion.

A)reactionary
B)populist
C)conservative
D)libertarian

Question 38

In _______ (1993), the Supreme Court ruled that civil in rem forfeitures, although not technically criminal proceedings, are subject to the Excessive Fines Clause of the Eighth Amendment.

A)Penry v.Lynaugh
B)Austin v.United States
C)Ex Parte Quirin
D)None of these

Question 39

All American jurisdictions prohibit __________, i.e., marriage between two persons when one is already legally married to another.

A)incest
B)sodomy
C)bigamy
D)adultery

Question 40

In ________________ (1878), the Supreme Court rejected the argument that polygamy was a religious practice protected by the First Amendment.

A)Reynolds v.United States
B)Sanders v.Utah
C)Arizona v.Burger
D)Kentucky v.Platz

Question 41

In Miller v.California (1973), the Supreme Court said that a work is obscene if the average person, applying ________________________ would find that the work appeals to the prurient interest; depicts or describes sexual conduct in a patently offensive way; and lacks serious literary, artistic, political, or scientific value.

Question 42

The illegal trade in human beings for the purpose of migration, labor or, more commonly, commercial sexual exploitation is called ______________.

Question 43

In an effort to divert certain substance abusers to closely monitored treatment programs, courts have begun to develop the concept of _____________.

A)Retribution
B)nonjudicial punishment
C)incapacitation
D)the drug court

Question 44

Proof of ________ possession of illegal drugs is established upon proof that the contraband was found on the accused's person.

Question 45

To constitute gambling, gaming activity must generally include these three elements: (1) a consideration, (2) a prize, and (3) a _______.

Question 46

Under a(n) ___________ statute, a person who drives a motor vehicle is deemed to have agreed to appropriate and reasonable drug and alcohol testing.

Question 47

Unlike many state laws, the federal law on conspiracy to violate the Controlled Substance Act does not require proof of an _____________.

A)evil intent
B)actual agreement
C)attempt
D)overt act

Question 48

In Reno v.American Civil Liberties Union (1997), the Supreme Court struck down the ____________ Act on First Amendment grounds.

Question 49

Federal law makes it a crime "for any person to knowingly sponsor or exhibit an animal in an animal fighting venture, if any animal in the venture was moved in _______________."

Question 50

In drug possession cases, to obtain a conviction the prosecution must prove that the defendant had either actual or __________ possession of the contraband.

A)implicit
B)intentional
C)constructive
D)subjective

Question 51

In drug possession cases, a critical problem is proving that the defendant was in actual or _____________ possession of a controlled substance.

Question 52

In New York v.Ferber (1982), a unanimous Supreme Court held that ____________, like obscenity, is unprotected by the First Amendment to the Constitution.

Question 53

In 1919 the __________________ was ratified, making unlawful the "manufacture, sale, or transportation of intoxicating liquors" within the United States.

Question 54

A person has ____________ possession of contraband if he or she has ownership, dominion, or control over the contraband itself, or over the premises in which it is concealed.

A)implicit
B)intentional
C)constructive
D)subjective

Question 55

In 1973, President Nixon issued an executive order creating the ____________ to concentrate federal drug enforcement responsibilities within one agency of government.

Question 56

Because those involved in narcotics transactions are usually willing participants, enforcement often depends on use of _____________ informants by the police.

Question 57

While generally regarded as superior to __________tests from an evidentiary standpoint, chemical tests for alcohol are not wholly devoid of problems.

Question 58

Ratified in 1919, ______________ made unlawful the "manufacture, sale, or transportation of intoxicating liquors" within the United States.

A)the Eighteenth Amendment
B)the Prohibition Act
C)the Nineteenth Amendment
D)the Volzheimer Act

Question 59

The term _______________ refers to obtaining sexual gratification from viewing another person's sexual organs or sexual activities.

Question 60

Courts have generally held that statutes making possession, distribution, or trafficking in contraband unlawful require the prosecution to prove only the defendant's _________ intent.

Question 61

Is it possible to design a statute to prohibit hard-core pornography on the Internet that would survive constitutional challenge under the First Amendment? What language would the statute employ? How would it be enforced?

Question 62

Writing for the U.S.Supreme Court in Lawrence v.Texas in 2003, Justice Anthony Kennedy observed, "Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct…." What particular form of "intimate conduct" was the Supreme Court concerned with in Lawrence? What was the decision of the Court and the stated rationale for that decision?

Question 63

As a result of federal fiscal incentives, all fifty states have lowered the prohibited blood-alcohol level for drivers to ____ percent.

Question 64

The Supreme Court has recognized that erotic dancing in places of public accommodation is entitled to _________ Amendment protection under certain circumstances.

Question 65

Based on what we know about federal appellate court decisions regarding musical groups such as 2 Live Crew, we can surmise that if Pavlov were convicted for uttering "obscene language" during the course of his performance that conviction will be:

A)upheld using the Miller Test
B)overturned in light of New York v.Ferber
C)upheld under the Mann Act
D)overturned using the Miller Test

Question 66

According to the Miller Test, which of the following is likely to be deemed protected against criminal prosecution?

A)The virtual images of child pornography
B)The images created by a famous painter
C)Everything on the computer is protected
D)Nothing on the computer is protected

Question 67

Congress has provided for the ___________ of property used in connection with federal drug crimes.

Question 68

What is the U.S.Supreme Court's rationale for setting a different constitutional standard for child pornography than obscenity?

Question 69

All states prohibit ______ within certain degrees of consanguinity.

Question 70

Should all forms of gambling be legalized through licensure accompanied by strict state regulation? Provide reasons for your answer.

Question 71

Let's say the "big rig" is in a state where use of marijuana for medical purposes is permitted, and some of Vito's patrons have state-issued medical marijuana cards.According to a 2005 Supreme Court decision:

A)Federal authorities will be completely prohibited from charging Vito with a drug crime because local law permits the consumption of marijuana for medical purposes.
B)Federal authorities can still enforce the Controlled Substances Act in spite of local law permitting use of marijuana for medical purposes.
C)Federal authorities will need to invoke the Mann Act in order to engender a successful prosecution for the marijuna possession.
D)State authorities must provide consent in order for federal authorities to place Vito under arrest for possession of marijuana.

Question 72

Pavlov is also likely to be charged with which of the following offenses?

A)reckless endangerment
B)voyeurism
C)public intoxication
D)obscenity

Question 73

Which of the following aspects of the "big rig" is relevant to the Mann Act?

A)the slot machines
B)the marijuana
C)the prostitutes
D)the intoxicated driver

Question 74

Assume you are working as a staff assistant to a state legislator who desires to introduce a law that provides a comprehensive prohibition of voyeurism.You are asked to draft proposed language for review by legislative counsel.What language would you suggest?

Question 75

In __________________ (1982) the Supreme Court held that states may outlaw child pornography even if it does not meet the legal test of obscenity.

Question 76

Based on the Supreme Court's ruling in Berkemer v.McCarty, Vito Bernstein's statements to police on the side of the road:

A)Are inadmissible in court because he was not read his Miranda rights.
B)Are grounds for excluding all evidence seized from the "big rig" based on a 4th Amendment violation.
C)Are relevant only as to arrests related to prostitution.
D)Are admissible in court because this was not a "custodial interrogation."

Question 77

A local judge rules that, for the 2nd night of Pavlov's performance, Pavlov must wear, at minimum, a g-string.Pavlov's claim of a First Amendment violation is most undermined by the Supreme Court's ruling in:

A)Barnes v.Glen Theater
B)Miller v.California
C)New York v.Ferber
D)Gonzales v.Raich

Question 78

Based on relevant Supreme Court decisions, which of the following is most likely to result in a criminal charge?

A)Item A
B)Item B
C)Items C and D
D)Item C alone

Question 79

Which of the following is most applicable to the slot machines? Assume that patrons can ride inside the "big rig," pay for the chance to spin the wheels, and can receive cash prizes for certain combinations.Also assume that no pictures of naked women appear on the spinning wheels, and no marijuana is lodged inside the machines.

A)the Mann Act
B)the Travel Act
C)Miller v.California
D)Gonzales v.Raich

Question 80

What are the typical problems encountered in the prosecution of prostitution?