Deck 8: Treason, Terrorism, Wartime Criminal Justice

Question 1

Which of the following is not necessary to convict a person of treason?

A) The perpetrator must owe allegiance to the United States.
B) The perpetrator must adhere to the enemy and render the enemy aid and comfort.
C) The perpetrator must be a native-born or naturalized citizen of the U.S.
D) The enemy involved must be in a state of open hostility with the U.S.
E) The perpetrator must commit an overt treasonous act.

Answer 1

The perpetrator must be a native-born or naturalized citizen of the U.S.

Question 2

Congress has the power under the Constitution to:

A) grant letters of Marque and Reprisal.
B) declare War.
C) call up the militia.
D) raise and support armies.
E) all of the above

Answer 2

all of the above

Question 3

The President of the United States has the power to:

A) serve as the Commander in Chief.
B) declare war.
C) replace members of Congress in times of war.
D) all of the above
E) none of the above

Answer 3

serve as the Commander in Chief.

Question 4

Military tribunals:

A) are a post 9/11 innovation.
B) were used by President Lincoln during the Civil War.
C) were used during World War II.
D) have been ruled unconstitutional by the Supreme Court.
E) both B and C

Question 5

Which of the following is true of the Military Commissions Act of 2009?

A) All enemy combatants will be tried in federal courts.
B) Military tribunals must use federal court rules of evidence.
C) All enemy combatants are to be set free or returned to their native countries resulting in the closing of Guantanamo Bay's detention center.
D) The Act creates a presumption against admitting testimony obtained through torture.
E) The Act permits waterboarding of witnesses to obtain testimony.

Question 6

Which of the following is true about habeas corpus?

A) It has been called the 'Great Writ".
B) The President may suspend it in times of 'rebellion or invasion'.
C) Only Congress may suspend it.
D) It applies to non-American citizens captured in battle.
E) A and C only.

Question 7

Which is not a feature of the PATRIOT Act of 2001?

A) Aliens may be detained for up to 7 days without being charged with any crime.
B) A 40-year statute of limitations is set for acts of domestic or international terror.
C) "Roving wiretaps" can be obtained to follow the person whose conversations are sought, rather than being linked to a specific phone only.
D) Prohibition against harboring any person knowing or having reasonable grounds to believe that such person has committed or is about to commit a terrorism offence.
E) Subpoenas can allow law enforcement to seize voicemail and electronic communications.

Question 8

Under the PATRIOT Act of 2001, which is not part of the definition of domestic terrorism?

A) Activities which occur primarily within U.S. jurisdiction
B) Activities intended to intimidate or coerce a civilian population
C) May be communications such as emails, internet postings, or videotapes used to recruit others to join the war against America and American interests at home or abroad
D) Activities intended to influence government policy by intimidation or coercion, or to affect government conduct by mass destruction, assassination, or kidnapping
E) Activities which involve criminal acts dangerous to human life

Question 9

All of the following are examples of terrorism except:

A) forest fires set by anarchists in Oregon in 1995.
B) anarchists within the U.S. sending mail bombs in 1919-1920.
C) the bomb attack by Timothy McVeigh on the Alfred P. Murrah Federal Courthouse in Oklahoma City, Oklahoma in 1995.
D) Al Queda attacks on the World Trade Center and the Pentagon on September 11, 2001.
E) All of the above are true.

Question 10

Which is not an element of sedition?

A) Conspiracy, which is an agreement between two or more persons to engage in a criminal act
B) Communicating a call to arms through any means of communications
C) Acting to prevent, delay or hinder the execution of the law
D) Intent to overthrow the government of the United States
E) Using force to oppose the authority of the United States

Question 11

Which of the following is/are actions that constitute adherence to the enemy in a treason prosecution?

A) Selling goods to an agent of an enemy of the United States of America.
B) Statements praising the enemy.
C) Residing in an enemy country.
D) Delivery of prisoners to the enemy, unless under a death threat that was likely to be carried out.
E) All of the above.

Question 12

Under President Bush's post 9/11 executive order, the president can order the detention of non-citizens for military tribunal trial if:

A) they are or were al-Qaeda members.
B) they were engaged in, aided or abetted, or conspired to commit acts of international terrorism.
C) they harbored individuals who committed the acts in A or B.
D) all of the above
E) none of the above

Question 13

Under President Bush's post 9/11 executive order, military tribunals operate under which of the following rules?

A) The military commission sits as trier of fact ad law.
B) The presiding officer can admit any evidence that has "probative value to a reasonable person."
C) The Secretary of Defense designates the prosecutor and the defendant is entitled to an attorney.
D) The decisions for conviction and sentencing require a two-thirds majority vote of the tribunal.
E) all of the above

Question 14

Which of the following are defenses to treason?

A) Duress
B) First Amendment Privilege
C) Immunity for Prosecution
D) Swearing an oath of allegiance to the United States
E) A, B, and C.

Question 15

Which of the following allows the government to establish internment camps in the event of national emergencies?

A) The Alien and Sedition Acts of 1798
B) The Habeas Corpus Act of 1863
C) The Sedition Act of 1918
D) The Smith Act of 1940
E) The McCarran Act of 1950

Question 16

Which of the following is/are provisions of the McCarran-Walter Act of 1952?

A) Fewer immigrants were allowed into the U.S.
B) Immigration from 'nonwhite' countries was severely curtailed.
C) Allows naturalized citizens to be stripped of their citizenship if they were judged to be subversive.
D) Resident aliens could be deported if they engaged in specified political activities.
E) All of the above.

Question 17

Law enforcement personnel may detain a person as a material witness under which of the following circumstances?

A) An affidavit is filed in the case stating that the person's testimony may be material to the criminal proceeding.
B) It may be impractical to secure the witness' presence by subpoena.
C) The witness is a foreign national
D) The witness is a terror suspect.
E) A and B

Question 18

The federal government's collection of intelligence from foreign governments and their agents is governed by the:

A) McCarran-Walter Act of 1952.
B) Foreign Intelligence Surveillance Act
C) PATRIOT Act of 2001.
D) Military Commissions Act of 2009.
E) Military Commissions Act of 2006.

Question 19

How many witnesses to a treasonous act does the Constitution require for proof?

A) None. This may be proven by circumstantial evidence.
B) One
C) Two
D) Three
E) The Constitution does not specify a number.

Question 20

The Sedition Act of 1918 made it illegal to criticize the United States' role in the war effort during World War I.

Question 21

Military tribunals are a novel idea first introduced after the attacks of September 11, 2001.

Question 22

The CIA caught, tried and executed ten German saboteurs during World War II.

Question 23

Treason requires a special standard of proof, including either a confession in open court or the testimony of two persons to an overt treasonous act.

Question 24

People designated as 'enemy combatants' cannot appeal that designation in U.S. courts.

Question 25

The Patriot Act was passed during George Washington's tenure as President, and honored all those colonists who died in the War for Independence.

Question 26

U.S. residents are assumed to owe allegiance to the U.S. government.

Question 27

A person accused of treason can raise the First Amendment as a defense.

Question 28

Material witnesses can be subpoenaed, but not detained.

Question 29

Sedition is the only crime specifically defined in the Constitution.

Question 30

Duress is a defense to treason.

Question 31

Treason charges are made often.

Question 32

The U.S. Supreme Court has ruled the government's surveillance under FISA to be constitutional.

Question 33

Espionage is an example of criminalized treasonous behavior.

Question 34

Under the PATRIOT Act of 2001, wiretaps must be tied to a specific phone number.

Question 35

There is no statute of limitations on terrorist offenses.

Question 36

Terror suspects tried by Military Tribunals always are read their Miranda rights.

Question 37

To get a sedition conviction, prosecutors must prove the defendant was part of a conspiracy.

Question 38

Documents granting a private citizen the power to seize the subjects of a foreign state are ______________ .

Question 39

______________, or the Great Writ, orders another authority to bring a person being held to court.

Question 40

A military ___________ is a military court convened in times of emergency to try those accused of war-related crimes.

Question 41

A witness whose testimony is material to a criminal proceeding and who may not easily be subpoenaed is a ________________.

Question 42

Levying war against the United States, or in adhering to their enemies, giving them aid and comfort constitutes ___________ .

Question 43

The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents is ___________________.

Question 44

The legal right of a person or group to challenge the conduct of another in a judicial forum is _________.

Question 45

Sedition is a _____________ to overthrow, put down, or to destroy by force the Government of the United States, or levy war against them, or to oppose the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof.

Question 46

Knowingly and willingly providing classified information to a foreign government to the detriment of the United States is _____________.

Question 47

MATCHING

-Terrorism

A) A writ ordering a person to be brought to court.
B) The unlawful use or threat of violence, especially against the state or the public, as a politically motivated means of attack or coercion.
C) The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents.
D) A military court convened to try those accused of war-related crimes.
E) The power reserved to Congress in the Constitution to declare war on a belligerent.
F) The legal right of a person or group to challenge the conduct of another in a judicial forum.
G) A person whose testimony is material to a criminal proceeding.
H) A government letter granting a private person the power to seize subjects of a foreign state.
I) A conspiracy to overthrow the government, or levy war against them, or oppose the government's authority.
J) Levying war against the United States or adhering to their enemies.

Question 48

MATCHING

-Power to declare war

A) A writ ordering a person to be brought to court.
B) The unlawful use or threat of violence, especially against the state or the public, as a politically motivated means of attack or coercion.
C) The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents.
D) A military court convened to try those accused of war-related crimes.
E) The power reserved to Congress in the Constitution to declare war on a belligerent.
F) The legal right of a person or group to challenge the conduct of another in a judicial forum.
G) A person whose testimony is material to a criminal proceeding.
H) A government letter granting a private person the power to seize subjects of a foreign state.
I) A conspiracy to overthrow the government, or levy war against them, or oppose the government's authority.
J) Levying war against the United States or adhering to their enemies.

Question 49

MATCHING

-Letters of marque and reprisal

A) A writ ordering a person to be brought to court.
B) The unlawful use or threat of violence, especially against the state or the public, as a politically motivated means of attack or coercion.
C) The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents.
D) A military court convened to try those accused of war-related crimes.
E) The power reserved to Congress in the Constitution to declare war on a belligerent.
F) The legal right of a person or group to challenge the conduct of another in a judicial forum.
G) A person whose testimony is material to a criminal proceeding.
H) A government letter granting a private person the power to seize subjects of a foreign state.
I) A conspiracy to overthrow the government, or levy war against them, or oppose the government's authority.
J) Levying war against the United States or adhering to their enemies.

Question 50

MATCHING

-Habeas corpus

A) A writ ordering a person to be brought to court.
B) The unlawful use or threat of violence, especially against the state or the public, as a politically motivated means of attack or coercion.
C) The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents.
D) A military court convened to try those accused of war-related crimes.
E) The power reserved to Congress in the Constitution to declare war on a belligerent.
F) The legal right of a person or group to challenge the conduct of another in a judicial forum.
G) A person whose testimony is material to a criminal proceeding.
H) A government letter granting a private person the power to seize subjects of a foreign state.
I) A conspiracy to overthrow the government, or levy war against them, or oppose the government's authority.
J) Levying war against the United States or adhering to their enemies.

Question 51

MATCHING

-Military tribunal

A) A writ ordering a person to be brought to court.
B) The unlawful use or threat of violence, especially against the state or the public, as a politically motivated means of attack or coercion.
C) The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents.
D) A military court convened to try those accused of war-related crimes.
E) The power reserved to Congress in the Constitution to declare war on a belligerent.
F) The legal right of a person or group to challenge the conduct of another in a judicial forum.
G) A person whose testimony is material to a criminal proceeding.
H) A government letter granting a private person the power to seize subjects of a foreign state.
I) A conspiracy to overthrow the government, or levy war against them, or oppose the government's authority.
J) Levying war against the United States or adhering to their enemies.

Question 52

MATCHING

-Material witness

A) A writ ordering a person to be brought to court.
B) The unlawful use or threat of violence, especially against the state or the public, as a politically motivated means of attack or coercion.
C) The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents.
D) A military court convened to try those accused of war-related crimes.
E) The power reserved to Congress in the Constitution to declare war on a belligerent.
F) The legal right of a person or group to challenge the conduct of another in a judicial forum.
G) A person whose testimony is material to a criminal proceeding.
H) A government letter granting a private person the power to seize subjects of a foreign state.
I) A conspiracy to overthrow the government, or levy war against them, or oppose the government's authority.
J) Levying war against the United States or adhering to their enemies.

Question 53

MATCHING

-Treason

A) A writ ordering a person to be brought to court.
B) The unlawful use or threat of violence, especially against the state or the public, as a politically motivated means of attack or coercion.
C) The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents.
D) A military court convened to try those accused of war-related crimes.
E) The power reserved to Congress in the Constitution to declare war on a belligerent.
F) The legal right of a person or group to challenge the conduct of another in a judicial forum.
G) A person whose testimony is material to a criminal proceeding.
H) A government letter granting a private person the power to seize subjects of a foreign state.
I) A conspiracy to overthrow the government, or levy war against them, or oppose the government's authority.
J) Levying war against the United States or adhering to their enemies.

Question 54

MATCHING

-Foreign Intelligence Surveillance Act

A) A writ ordering a person to be brought to court.
B) The unlawful use or threat of violence, especially against the state or the public, as a politically motivated means of attack or coercion.
C) The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents.
D) A military court convened to try those accused of war-related crimes.
E) The power reserved to Congress in the Constitution to declare war on a belligerent.
F) The legal right of a person or group to challenge the conduct of another in a judicial forum.
G) A person whose testimony is material to a criminal proceeding.
H) A government letter granting a private person the power to seize subjects of a foreign state.
I) A conspiracy to overthrow the government, or levy war against them, or oppose the government's authority.
J) Levying war against the United States or adhering to their enemies.

Question 55

MATCHING

-Standing

A) A writ ordering a person to be brought to court.
B) The unlawful use or threat of violence, especially against the state or the public, as a politically motivated means of attack or coercion.
C) The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents.
D) A military court convened to try those accused of war-related crimes.
E) The power reserved to Congress in the Constitution to declare war on a belligerent.
F) The legal right of a person or group to challenge the conduct of another in a judicial forum.
G) A person whose testimony is material to a criminal proceeding.
H) A government letter granting a private person the power to seize subjects of a foreign state.
I) A conspiracy to overthrow the government, or levy war against them, or oppose the government's authority.
J) Levying war against the United States or adhering to their enemies.

Question 56

MATCHING

-Sedition

A) A writ ordering a person to be brought to court.
B) The unlawful use or threat of violence, especially against the state or the public, as a politically motivated means of attack or coercion.
C) The federal law regulating the government's actions when collecting intelligence from foreign governments and their agents.
D) A military court convened to try those accused of war-related crimes.
E) The power reserved to Congress in the Constitution to declare war on a belligerent.
F) The legal right of a person or group to challenge the conduct of another in a judicial forum.
G) A person whose testimony is material to a criminal proceeding.
H) A government letter granting a private person the power to seize subjects of a foreign state.
I) A conspiracy to overthrow the government, or levy war against them, or oppose the government's authority.
J) Levying war against the United States or adhering to their enemies.

Question 57

Using examples from the textbook, describe several incidents of terrorism in the United States, and the government response to those acts