Deck 9: Offenses Contrary to the Public Morality

Question 1

Which of the following is not an element of the crime of prostitution?

A) Sexual activity for hire
B) Promoting prostitution
C) Nude dancing
D) Patronization of prostitutes

Answer 1

C

Question 2

Prostitution is often classified as what type of crime?

A) Victimless crime
B) Morality crime
C) Sexual crime
D) Public health crime

Answer 2

A

Question 3

Which of the following is an argument for criminalizing prostitution?

A) Discourages divorces
B) Promotes communicable disease
C) The cost of enforcement is minimal
D) Promotes sexual offenses against women other than prostitutes

Answer 3

B

Question 4

Which of the following are reasons against criminalization?

A) Criminalization is an unnecessary intrusion of law enforcement in private matters
B) Legalization promotes tax revenues
C) If state run, there would be fewer sexually transmitted disease
D) All of the above

Question 5

The U.S. Supreme Court has recognized that the constitutional right to privacy for certain intimate conduct extends beyond the home to a hotel room,

A) and this right does not extend to protection for commercial sexual solicitation
B) and this does extend to protection for commercial sexual solicitation
C) and this constitutional protection could extend to all sexual acts therein
D) B & C both

Question 6

Which of the following is not one of the things drug laws prohibit by law?

A) Possession
B) Drug addiction
C) Sale and distribution
D) Possession of drug paraphernalia

Question 7

In some cases, drugs prohibited by law

A) have useful and legitimate medical uses
B) have no legitimate medical use
C) have penalties enacted that are equal for all levels of involvement
D) are legally manufactured in clandestine laboratories

Question 8

Penalties for drug infractions differentiate according to what criteria?

A) Whether the possession is for personal use or for sale
B) The value of the transaction
C) Amount
D) All of the above
E) A & B only

Question 9

Which state has developed rather harsh mandatory minimum penalties for drug possession and sale?

A) California
B) Florida
C) Texas
D) New York

Question 10

The author of the textbook, suggests that abandoning drug law enforcement would

A) Result in a reduction of drug usage
B) Be a drastic error, and result in a worse drug problem than we now have
C) Provide better opportunity for treatment programs
D) Be more constitutionally favorable

Question 11

What has been on novel and somewhat more successful approach to a legal response to drug crime?

A) Drug task forces
B) Greater local law enforcement efforts
C) Special drug prosecutors
D) Drug Courts

Question 12

Bigamy is defined as

A) Having multiple marital partners
B) Being legally married to two people at the same time
C) A marriage between two people of the same sex
D) A personal act sanctioned by some religions and therefore not illegal

Question 13

Polygamy is defined as

A) Having multiple marital partners
B) Being legally married to two people at the same time
C) A marriage between multiple people of the same sex
D) A personal act sanctioned by some religions and therefore not illegal

Question 14

Which of the following is not a defense to a bigamy charge?

A) Mistaken believe that previous spouse was dead
B) Long term and inexplicable abandonment by a spouse
C) Good faith mistakes about assumption that legal divorce pleadings were finalized
D) The subsequent marriage is a common law marriage

Question 15

Which of the following is not one of the elements of the crime of obscenity?

A) Sale, production, distribution of obscene material
B) With knowledge and intent
C) Strict liability offense
D) The obscene material violates the community standard

Question 16

Which Amendment to the U. S. Constitution is often used to assert that specific materials, considered obscene by some, have constitutional protection?

A) Fifth
B) Fourth
C) Tenth
D) First

Question 17

In which case did the U.S. Supreme Court provide a definition of when pornographic material can be considered obscene?

A) Miller v. California (1973)
B) U.S. v. Knox(1992)
C) U.S. v. Thomas (1996)
D) Splawn v. CA (1977)

Question 18

How did the U.S. Supreme Court decide as to what could be considered obscene for the purposes of criminal prosecution?

A) The set a national standard with specific definitions of what is and is not obscene
B) Established the community standard of obscenity that lets individual communities determine what is obscene in accordance with "community standards"
C) Ruled that all pornography was obscene
D) Ruled that obscenity was constitutionally protected as free expression

Question 19

Which of the following is a legal means for establishing proof of DUI\DWI?

A) Police officer observation of the offender
B) Memory tests
C) Patterns of driving
D) All of the above

Question 20

Some jurisdictions view blood alcohol content above a specified level as

A) Prima facie evidence of the offense
B) Inconclusive and unreliable evidence of the offense
C) Inadmissable
D) A violation of the Fourth Amendment right against unreasonable searches and seizures

Question 21

Which of the following is not an element of the offense of DUI\DWI?

A) Operation of a motor vehicle
B) Reckless operation of the vehicle
C) In physical control of the vehicle
D) Under the influence of alcohol as defined by law

Question 22

Which of the following is unlikely to be a crime under existing drug laws?

A) Possession of paraphernalia
B) Possession
C) Consumption
D) Delivery and distribution

Question 23

Which of the following crimes is unlikely not to be a felony in the first instance?

A) Aggravated Assault
B) DUI/DWI
C) Robbery
D) Car theft

Question 24

Of the following evidentiary evaluations, which is presumptively proves a state of intoxication?

A) Evidence of alcohol
B) Agility test
C) Breathalyzer
D) Observation

Question 25

Which of the following is not an element of a DUI/DWI charge?

A) Driver exerts "physical control" over a vehicle
B) Driver admits to drinking alcohol
C) Driver's level of chemical influence, as measured in blood, meets or exceeds the sum of ten hundredths of 1% (0.10%)
D) Driver operates the vehicle under the influence of alcohol

Question 26

Which of the following is an example of obscenity?

A) Necrophilia
B) Rape and snuff media
C) Incest
D) All of the above

Question 27

Prostitution is illegal because there are many moral, issues involved.

Question 28

Courts have ruled that relative to the crime of prostitution, that certain sexual activities that the law can prohibit in public may be protected in the home.

Question 29

Drug addiction is a situation specifically prohibited by law.

Question 30

Many drugs prohibited by law have useful and legitimate medical purposes.

Question 31

Drug laws do not differentiate penalties according to the amounts possessed by weight.

Question 32

Twenty-five years ago New York State established mandatory minimum drug laws that provide strict penalties for drug violations.

Question 33

Legalization of drugs is a seldom heard option for dealing with drugs in American society.

Question 34

Possession of drug paraphernalia laws were struck down by the U.S. Supreme Court.

Question 35

Special courts, called Drug Courts, have been developed to handle drug cases where judges mix incarceration of offenders with mental and physical care regimens that treat the dug addicted person.

Question 36

The crime of bigamy applies even if a spouse marries another under the mistaken belief that the deceased spouse is dead.

Question 37

In a state that recognizes common law marriages, a person could be charged for bigamy when they were legally married to one spouse and living in a common law arrangement with another.

Question 38

Long term and inexplicable abandonment affords a reasonable defense approach since the remarrying party assumes the death or abandonment relationship.

Question 39

Most states recognize people's right to live in a polygamist relationship provided they do so as part of their religious tradition.

Question 40

The difficulty with obscenity laws has been the challenge that they are unconstitutional based on the interpretation of the Fourth Amendment to the Constitution.

Question 41

Pornography can be deemed as obscene, for legal purposes, if it meets the definition of obscene as defined by the community standard test as set forth by the U.S. Supreme Court.

Question 42

The U.S. Supreme Court decision on obscenity in Miller v. California focused on a key provision which looks at whether the material in question, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Question 43

Many jurisdictions consider the requisite reading from a breathalyzer, the limit set by legislative action, as prima facie evidence of the offense.

Question 44

In order to have the offense of DUI\DWI the offender must actually be driving the vehicle.

Question 45

Some states have enacted laws that provide progressively more serious penalties for repeat offenders.

Question 46

One of the defense strategies for DUI\DWI is to attack the competence of the breathalyzer operator.

Question 47

Prostitution is illegal in the United States except for one state.

Question 48

Drug addiction can be punishable.

Question 49

The main difference between bigamy and polygamy is that polygamy is an open, consensual practice of having multiple married partners.

Question 50

Drug usage among young teens has decreased since the 1970's.

Question 51

One benefit of legalizing drugs would be that the national character of the United States would improve.

Question 52

If your blood alcohol level is 0.09% the presumption of intoxication exits in law.

Question 53

Less than 30 years ago, the possession of alcohol while driving a car was not viewed as a crime.

Question 54

Being asleep at the wheel, in a parking lot, while intoxicated, represents having physical control of a vehicle.

Question 55

Timing, alcohol type, body weight, duration of drinking and the overall tolerance level of the person consuming the alcohol are contributing factors to level of intoxication.

Question 56

An annulment and a divorce are the same thing.

Question 57

What is the basis for criminalizing prostitution?

Question 58

Besides the prostitute, who else is penalized for associations with the prostitution? Why are their actions criminalized?

Question 59

What are the legal, medical, and social reasons for and against legalizing prostitution?

Question 60

What are the constitutional privacy issues in enforcement of prostitution laws?

Question 61

What are the three categories of drug offenses? Why are laws created around these categories?

Question 62

What are the pros and cons of legalization of drugs?

Question 63

How are drug offenders differentiated for severity of penalty?

Question 64

What is the purpose of special courts to handle drug cases only?

Question 65

What is the difference between the crimes of bigamy and polygamy?

Question 66

What are the pros and cons of having laws criminalizing bigamy and polygamy?

Question 67

How can law enforcement officers define what is obscene material?

Question 68

If specific material is defined as obscene, what do laws typically prohibit people doing with the material?

Question 69

What are the elements of the crimes of DUI|DWI?

Question 70

What are the methods for determining if a person is under the influence of alcohol for the purposes of a DUI|DWI arrest and conviction?

Question 71

What are the typical DUI|DWI defense strategies?