Deck 5: Criminal Law and Procedure

Question 1

Obscene noncommercial expressions receive no First Amendment protection.

Answer 1

True
Explanation: The Supreme Court has established that obscene expressions receive no First Amendment protection.

Question 2

The language of the Bill of Rights only refers to actions of the federal government so the protections of the Bill of Rights do not apply to state government action.

Answer 2

False
Explanation: Although the literal language of the Bill of Rights refers only to federal government actions,the U.S.Supreme Court has applied the guarantees of the Bill of Rights to State government action through the Fourteenth Amendment Due Process Clause.

Question 3

Owners of commercial property enjoy greater privacy expectations in their property for Fourth Amendment purposes than do owners of residential property.

Answer 3

False
Explanation: The protection enjoyed by owners of residential property under the Fourth Amendment is far greater than that enjoyed by owners of commercial property.The Supreme Court has ruled in O'Connor v.Ortega that alleged violations of the Fourth Amendment in the realm of commercial property need to be studied on a case-to-case basis.
Refer: United States v.SDI Future Health,Inc.case

Question 4

In the United States a defendant in a criminal trial is presumed innocent.

Question 5

When Congress created the U.S.Sentencing Commission and charged it with creating Sentencing Guidelines,Congress sought (among other things)to decrease the discretion of judges in making sentencing decisions.

Question 6

When a judge's sentencing decision is challenged on appeal,the governing standard will be one of reasonableness.

Question 7

During a 'Terry Stop' officers may not conduct a pat down search of an individual without a warrant.

Question 8

Under the U.S.A.PATRIOT Act,the Foreign Intelligence Surveillance Act (FISA)Court may issue warrants of the "sneak and peek" variety.

Question 9

In Miranda v.Arizona the United Supreme Court mandated that police officers have to give suspects a warning about their rights.

Question 10

The U.S.Constitution allows ex post facto criminal laws.

Question 11

Special deterrence results when punishment of a wrongdoer deters other persons from committing similar offenses.

Question 12

At a preliminary hearing in a felony case,the government must prove its case by the "beyond a reasonable doubt" standard.

Question 13

The Fifth Amendment guarantees indigent defendants the right to court-appointed counsel.

Question 14

Voluntary intoxication usually serves as a complete defense to criminal liability.

Question 15

A defendant's constitutional right to be free from compelled testimonial self-incrimination not only bars the prosecution from calling him/her as a witness at the trial of a criminal case against him/her,but also bars the plaintiff from calling him/her as a witness at the trial of a civil case against him/her.

Question 16

Corporations may be held criminally liable even in the absence of proof that high corporate officers ordered or acquiesced in the offense charged.

Question 17

The Eighth Amendment forbids cruel and unusual punishments.

Question 18

The Equal Protection Clause prevents states and the federal government from enacting criminal laws that discriminate against different classes of individuals.

Question 19

Crimes are private wrongs.

Question 20

Officers may conduct a warrantless search of an individual at the time of an arrest.

Question 21

_____ means that the accused failed to perceive a substantial risk of harm that a reasonable person would have perceived.

A) Duress
B) Recklessness
C) Exculpation
D) Negligence

Question 22

Commercial speech receives what form of protection under the First Amendment:

A) Intermediate protection
B) Full constitutional protection
C) Minimal protection
D) No protection

Question 23

_____ is effectively a conditional sentence that suspends the usual imprisonment and/or fine if the offender "toes the line" and meets other judicially imposed conditions for the period specified by the court.

A) Probation
B) Retribution
C) Prevention
D) Rehabilitation

Question 24

A defendant's act must have been prohibited by statute at the time he/she committed it and the penalty imposed must be the one provided for at the time of his/her offense.This essentially indicates:

A) encouragement of deterrence laws.
B) the presence of nulla poena sine lege laws.
C) prohibition of ex post facto criminal laws.
D) the presence of retributive justice.

Question 25

The Equal Protection Clause is derived from which amendment to the U.S.Constitution?

A) First
B) Fourteenth
C) Tenth
D) Second

Question 26

A(n)_____ is a formal charge signed by the prosecutor outlining the facts supporting the charges against the defendant.

A) booking
B) indictment
C) information
D) arraignment

Question 27

_____ believe that prevention of socially undesirable behavior is the only proper purpose of criminal penalties.

A) Utilitarians
B) Ethical pragmatists
C) Virtue ethicists
D) Deontologists

Question 28

Infractions:

A) involve significant moral culpability on the offender's part.
B) are not punishable by fines.
C) are a serious crime.
D) are not punishable by confinement in jail.

Question 29

The ____ Amendment forbids cruel and unusual punishments.

A) First
B) Eighth
C) Fourteenth
D) Fifteenth

Question 30

The First Amendment limits governmental power to enact and enforce criminal laws by prohibiting:

A) warrantless searches.
B) arbitrary discrimination among different classes of people.
C) cruel and unusual punishments.
D) laws that restrict freedom of speech.

Question 31

According to the law,crimes are statutory offenses;this essentially means that:

A) it must be proved that the crime is dangerous or detrimental to society.
B) a behavior is not a crime unless a state legislature has criminalized it.
C) the prevention of crime should include deterrence and rehabilitation.
D) courts may assess punitive damages in order to punish the wrongdoer.

Question 32

What is recidivism?

A) A special theory of deterrence
B) A quasi-criminal offense punished by light fines
C) Repeat offenses by previously punished offenders
D) Attempts to change the behavior of convicted offenders

Question 33

Most serious crimes require mens rea,or criminal:

A) behavior.
B) violation.
C) intent.
D) prosecution.

Question 34

_____ is the change in the attitudes or values of convicted offenders so that they are not inclined to commit future offenses.

A) Recidivism
B) Rehabilitation
C) Retribution
D) Probation

Question 35

What occurs during an arraignment of a criminal defendant?

A) Defendant is informed of charges against them and pleads guilty or not guilty.
B) Both the prosecutor and defense select a jury for trial.
C) The prosecutor and defense argue over the admissibility of key evidence.
D) The jury delivers its verdict of the case.

Question 36

Assume that a state,acting through the appropriate county prosecutor,plans to initiate a felony prosecution against Joe Beck.Further assume that the state is among those in which felony defendants may be charged by either of the two methods discussed in the text.Which of the following is an accurate statement?

A) If a preliminary hearing is held and the judge conducting it concludes that there is probable cause to believe that Beck committed the charged felony,the judge (who presided over the preliminary hearing)will find Beck guilty and sentence him accordingly.
B) If the prosecutor decides to follow the information route to initiating the felony prosecution,Beck is entitled to insist that a grand jury be convened to determine whether he should be prosecuted by the state.
C) If a preliminary hearing is held,the state must prove Beck's guilt beyond a reasonable doubt in order to carry its burden of proof at the preliminary hearing stage.
D) If a preliminary hearing is held and the magistrate conducting it concludes that there is probable cause to believe that Beck committed the charged felony,the magistrate binds over the defendant for trial in the appropriate court.

Question 37

The standard of proof in a criminal case is:

A) proof by a preponderance of the evidence.
B) proof beyond a reasonable doubt.
C) proof that is "more likely than not."
D) proof beyond the presumption of innocence.

Question 38

A(n)_____ is a serious crime such as murder,sexual assault,arson,drug-dealing,or a theft or fraud offense of sufficient magnitude.

A) misdemeanor
B) felony
C) tort
D) infraction

Question 39

Which of the following serves essentially the same function as a magistrate's probable cause determination?

A) Arraignment
B) Special deterrence
C) Indictment
D) Incapacitation

Question 40

Although not a complete defense to criminal liability,_____ may diminish the degree of a defendant's responsibility in a crime.

A) voluntary intoxication
B) premeditation
C) infancy
D) insanity

Question 41

Which of the following is a criticism of the U.S.A.Patriot Act?

A) It covers a narrow range of activities associated with terrorism.
B) It does not permit warrants for "roving" wiretaps.
C) It delays the sanctioning of search warrants.
D) It gives undue freedom to law enforcement agencies.

Question 42

Rachael was arrested by the police on suspicion of possession of a controlled substance.She was informed of her Miranda rights.Rachael waived her right to remain silent and confessed to the crime after a brief period of police interrogation.Her confession is:

A) admissible,according to Supreme Court precedent.
B) inadmissible because it was obtained in violation of her Fourth Amendment rights.
C) admissible,according to the "search incident to a lawful arrest" exception to Miranda.
D) inadmissible because it was obtained in violation of her Fifth Amendment rights.

Question 43

Agreements under which corporations avoid formal criminal charges and trials in return for their agreement to pay monetary penalties and submit to outside monitoring of their activities are called:

A) non-prosecution agreements.
B) plea agreements.
C) deferred guaranty agreements.
D) deferred prosecution agreements.

Question 44

When a court applies the exclusionary rule in a criminal case,it means that:

A) the case will be dismissed.
B) the defendant will be convicted.
C) the evidence will not be admitted at trial.
D) an arraignment will not take place.

Question 45

The Fourth Amendment to the U.S.Constitution:

A) protects persons against all searches and seizures.
B) provides protection to places or items as to which the Court found no reasonable expectations of privacy such as open fields and personal bank records.
C) provides protection to matters such as voluntary conversations between criminal defendants and government informants.
D) protects persons against arbitrary and unreasonable governmental violations of their privacy rights.

Question 46

Which Untied States Supreme Court case indicated that the search incident to arrest exception does not permit a police officer from searching a smart phone of an individual who was arrested without a warrant?

A) Riley v.California
B) Miranda v.Arizona
C) Maryland v.King
D) Marbury v.Madison

Question 47

Which of the following is true about the Fifth Amendment and the production of records?

A) It would allow a Bogus Inc. ,officer who has custody of Bogus records to resist a subpoena demanding production of those records if the contents of the records could incriminate that officer personally.
B) It would prevent a sole proprietor from being compelled to produce his/her business records if the act of producing such records was not testimonial in nature.
C) It may be asserted by a corporation,partnership,or other collective entity on the same basis that an individual human being could assert it.
D) It does not protect "required records" from being subpoenaed and used against the record keeper in criminal prosecutions.

Question 48

The _____ Amendment protects against compelled testimonial self-incrimination by establishing that "[n]o person … shall be compelled in any criminal case to be a witness against himself."

A) Fifth
B) Fourth
C) Sixth
D) Eighth

Question 49

The Double Jeopardy Clause:

A) establishes that a person cannot be prosecuted by the state for a state crime after being acquitted of a federal crime,if the two alleged crimes involved essentially the same facts.
B) protects criminal defendants from having to undergo more than one prosecution by the same sovereign for the same criminal offense.
C) establishes that a single criminal act with multiple victims cannot result in more than one criminal prosecution.
D) bars a private plaintiff from pursuing a civil case against the defendant who was criminally prosecuted for the same alleged conduct.

Question 50

What is the basic remedial device in cases of Fourth Amendment violations?

A) Exclusionary rule
B) Due process clause
C) Habeas corpus
D) Counterclaim

Question 51

Which of the following would the United States Supreme Court deny there is a reasonable expectation of privacy for items in these locations?

A) Private Dwellings
B) Offices
C) Mail
D) Items left in an open field

Question 52

When conducting an investigation of terrorism federal authorities seek warrants from what court?

A) FISA court
B) Federal District Court for the District of Columbia
C) The International Criminal Court
D) The UN High Court on Terrorism

Question 53

Which of the following is guaranteed by the Sixth Amendment?

A) The right to remain silent
B) The right to a speedy trial by an impartial jury
C) The right to refuse custodial interrogation
D) The right to refuse unreasonable searches

Question 54

Strict liability offenses:

A) dispense with the requirement of proof of any criminal intent on the part of the defendant.
B) are so classified because the punishments imposed on violators are especially harsh in comparison to the punishments for other criminal offenses.
C) impose liability on a defendant for the act of another party.
D) are commonly criticized on the ground that a person may not be convicted of such an offense without being shown to have committed a wrongful act.

Question 55

Assume that an applicable state statute makes it a crime for a private citizen to possess a machine gun.For approximately three weeks,officer Roy Holt had had probable cause to believe that Alex Hood,a private citizen,possessed an arsenal of machine guns in his apartment.Acting on this probable cause but without a warrant,Holt knocked on the door of Hood's apartment and asked Hood if he could come in to talk to him.Hood let Holt in.Then,without Hood's consent,Holt began searching the entire apartment.Holt found several machine guns in the bedroom closet.He arrested Hood for an alleged violation of the statute mentioned above.In a pretrial motion,Hood's attorney has asked that the court apply the exclusionary rule and suppress the evidence yielded by Holt's search of Hood's apartment.Should the evidence be suppressed?

A) No,because Holt had probable cause to believe that Hood had the machine guns in his apartment.
B) Yes,because the unconsented search did not fall within the exceptions to the general rule that warrantless searches are unreasonable.
C) No,because Hood voluntarily allowed Holt to enter the apartment and because the machine guns were in plain view in the closet.
D) Yes,because the search,though warrantless,was conducted by an officer who was acting to further the public's safety.

Question 56

"White-collar crime" is the term used to describe a wide variety of offenses committed by:

A) the average working class.
B) poor Americans.
C) businesspersons.
D) juveniles.

Question 57

Which of the following is true of the Foreign Intelligence Surveillance Act (FISA)?

A) It was enacted as a result of the U.S.A.Patriot Act.
B) It has not been amended after its enactment.
C) It prohibits surveillance or monitoring without a warrant.
D) It has expanded the government's ability to monitor the phone calls of suspected terrorists.

Question 58

Which of the following characterizes searches?

A) It is covered by the Fourteenth Amendment.
B) Warrants are not required for a search on private property.
C) Consensual searches without warrants violate the Fourth Amendment.
D) Customs searches are valid without a warrant.

Question 59

Average Corp.was convicted of violating the federal mail fraud statute due to the activities of some of its employees,who had used the U.S.mail to perpetrate a fraudulent scheme designed to advance the otherwise legitimate business interests of Average.Average has appealed,arguing that its conviction should be set aside because the employees in question were relatively minor officials of the company and were acting without the knowledge or consent of any high-level corporate officer.In addition,Average argues that the involved employees were acting in violation of a longstanding and well-known Average policy against fraudulent schemes.Should Average's conviction be set aside?

A) Yes,because Average could not have had the necessary mens rea.
B) No,because the involved employees were acting within the scope of their employment and for the benefit of Average.
C) No,because nothing in the facts indicates that Average should qualify for the protection of the due diligence defense recognized by most courts.
D) Yes,because high-level corporate officers must be involved and they were not involved.Here in order for criminal intent to be imputed to the corporation.

Question 60

The expansion of corporate criminal liability in imputing the criminal intent of employees to the corporation falls under the scope of:

A) mens rea.
B) presumption of innocence.
C) double jeopardy.
D) respondeat superior.

Question 61

The Racketeer Influenced and Corrupt Organizations Act's (RICO's)most controversial sections allow:

A) federal prosecutors to seek pretrial orders freezing a defendant's assets.
B) the government to seek injunctions against future racketeering activities.
C) private individuals to recover treble damages for a statutory violation.
D) government intervention in white-collar crimes.

Question 62

Nigel is the sole proprietor of a construction contracting business.As part of an investigation into bid-rigging allegations,a grand jury issued a subpoena directing Nigel to turn over various records relating to his sole proprietorship.Nigel had voluntarily prepared the subpoenaed records.The government had long known that these records probably existed,but of course did not know of their contents.Nigel resisted the subpoena on Fifth Amendment grounds,arguing that being forced to comply would violate his privilege against self-incrimination.Should Nigel be required to comply with the subpoena? Why or why not?

Question 63

Police detective Brenda Judd had a hunch that Beats,Inc. ,a retail seller of stereo equipment and related supplies,was involved in a drug-smuggling operation.In order to acquire evidence confirming her hunch,Judd posed as an ordinary consumer when she entered the Beats store.She slipped out of the "public" part of the store and proceeded down a hall to an office whose closed door was marked "Private.No Entry without Authorization from Manager." She entered the office which was unoccupied,looked through files,and located documentary evidence indicating that Beats was indeed involved in an illegal operation.The evidence obtained by Judd furnished the primary basis for drug-smuggling and drug-dealing charges that are now pending against Beats.Beats has filed a pretrial motion asking the court to suppress the evidence obtained by Judd in her search of the office.Should the evidence be suppressed? Why or why not?

Question 64

Leviathan Corp.has filed a civil Racketeer Influenced and Corrupt Organizations Act (RICO)lawsuit against NBS Bros. ,an accounting firm.NBS has asked the court to dismiss the case for two reasons: first,Leviathan did not allege,and cannot prove,that NBS is connected in any way with organized crime,as that term is customarily used;and second,Leviathan did not allege,and cannot prove,that NBS was criminally convicted of a predicate offense.Should NBS succeed with these arguments? Explain your reasoning.

Question 65

Sal Conelli is the president and sole stockholder of Salco,Inc. ,a corporation engaged in the wholesale food supply business.Conelli has custody of Salco's business records.A grand jury investigating possible criminal violations of health codes applicable to food products has served a subpoena demanding that certain Salco business records be made available.Conelli plans to resist the subpoena by arguing that compelling the production of the records would violate both his and Salco's Fifth Amendment privileges against self-incrimination.Should Conelli succeed with this argument? Explain your reasoning.

Question 66

Kathy was accused of securities fraud.During the government investigation,she destroyed relevant documents.Under the Sarbanes-Oxley Act of 2002,Kathy may:

A) be civilly but not criminally liable for the destruction of documents.
B) face fines but not prison for the destruction of documents.
C) face fines and/or a maximum of 20 years in prison.
D) be considered a "whistleblower."

Question 67

Which of the following characterizes the Computer Fraud and Abuse Act (CFAA)?

A) It is a statute enacted by a state legislature.
B) It imposes only civil liabilities in fraud cases.
C) It imposes only criminal liabilities in fraud cases.
D) It imposes liabilities in cases concerning interstate commerce.

Question 68

Since the exclusionary rule has often resulted in suppression of convincing evidence of crime,it has generated controversy.How has the Supreme Court dealt with this?

Question 69

Which of the following is a provision of the Sarbanes-Oxley Act of 2002?

A) It imposed a maximum of 15 years of imprisonment as punishment for the destruction of documents.
B) It decreased the maximum term of imprisonment for mail fraud and wire fraud to 15 years.
C) It provided legal protection for corporate employees who act as whistleblowers.
D) It shortened the statute of limitations period within which certain securities fraud cases may be filed.