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Criminal Law
Q:
A cooperation agreement:
A) is the same as use immunity
B) is the same as transactional immunity
C) lays out how the defendant will testify in exchange for a recommendation of leniency.
D) circumvents attorney-client privilege.
E) none of the above
Q:
When people over the age of 65 abuse children, it is called elder abuse.
Q:
Willful acts are _________ -degree offenses.
Q:
Under an Alford plea, the defendant:
A) admits no wrongdoing, but agrees to serve the sentence.
B) does not incur liability in any possible civil trial arising out of the same acts.
C) relinquishes his presumption of innocence.
D) maintains his innocence, but allows the court to sentence him as if he were guilty.
E) A and B
Q:
Government has an interest in protecting children under its parens patriae role.
Q:
_________ liability crimes only require a wrongful act to occur.
Q:
Under a nolo contendere plea the defendant:
A) admits no wrongdoing, but agrees to serve the sentence.
B) does not incur liability in any possible civil trial arising out of the same acts.
C) relinquishes his presumption of innocence.
D) maintains his innocence, but allows the court to sentence him as if he were guilty.
E) A and B
Q:
Child abuse and child molestation are the same thing.
Q:
Mens rea is defined as a _________ mind.
Q:
A plea agreement is between:
A) a prosecutor and a defense attorney.
B) a prosecutor and a judge.
C) a prosecutor and a defendant.
D) a judge and a defendant.
E) a defense attorney and a defendant.
Q:
Protection from abuse orders allow a woman to still live with the abuser, but guarantees jail time should he abuse her again.
Q:
Law enforcement officials will often withhold one piece of ________ from the public and media, often something of which only the true perpetrator would know.
Q:
The work product rule is related to:
A) attorney-client privilege.
B) spousal privilege.
C) priest-penitent privilege.
D) patient-counselor privilege.
E) reporter's privilege.
Q:
Consensual sodomy is still illegal in Texas.
Q:
A confession unaccompanied by other evidence does not constitute _________.
Q:
Under transactional immunity:
A) the state cannot use the person's testimony against him.
B) the state agrees not to prosecute the person for any actions associated with the testimony as long as the person testifies truthfully.
C) the person loses his Fifth Amendment privilege because he cannot be prosecuted for his testimony.
D) the person may still refuse to testify without jeopardizing his immunity.
E) B and C
Q:
At Common Law, an abortion performed before the "quickening" was legal.
Q:
An omission can occur only when a person has a _________ to do something.
Q:
Under use immunity:
A) the state cannot use the person's testimony against him.
B) the state agrees not to prosecute the person for any actions associated with the testimony, as long as the person testifies truthfully.
C) the person loses his Fifth Amendment privilege because he cannot be prosecuted for his testimony.
D) the person may still refuse to testify without jeopardizing his immunity.
E) A and C
Q:
Child pornography is only illegal if it fails the Miller test.
Q:
_________ evidence is evidence based on first-hand knowledge.
Q:
If a judge at a preliminary hearing decides the case should go to trial, that judge will issue a(n):
A) arraignment.
B) decision on guilt or innocence.
C) bench warrant.
D) binding.
E) indictment.
Q:
Obscenity can only involve sexual activity.
Q:
Legal professionals track criminal activity and submit the information to the _________ in a process called classifying and storing.
Q:
Which of the following occur at an arraignment?
A) The charges against the defendant are read.
B) The defendant enters a plea.
C) If the defendant does not have representation, he/she can ask for a court-appointed attorney
D) The prosecutor provides the list of state witnesses who will testify at trial.
E) all of the above
Q:
All gambling games are games of skill.
Q:
Causation is the link between actus reus and _________.
Q:
If the government fails to give a defendant a prompt arraignment:
A) the charges will be dropped, because receiving a prompt arraignment is part of each citizen's right to a speedy trial.
B) all statements made by the defendant in custody will be suppressed by the court.
C) the defendant gets free representation even if he can afford a lawyer.
D) the defendant has a private cause of action against the prosecutor.
E) None of the above statements are true.
Q:
Sentencing guidelines for sentences other than mandatory minimum sentences are only advisory.
Q:
Some acts are crimes even if they cause no harm.
Q:
What does a statute of limitation do?
A) sets a deadline for the commencement of criminal actions
B) sets a deadline for the destruction of DNA evidence after a verdict has been reached
C) sets a deadline for the commencement of a trial after the arrest of a suspect
D) sets a deadline for the use of DNA evidence before it can be destroyed
E) sets conditions limiting the use of DNA evidence to protect falsely accused individuals
Q:
Crack cocaine is the most abused drug in the U.S.
Q:
Under the law, a person who acts under the influence of the devil is said to have actual possession.
Q:
The right to a public and speedy trial is promised in which Constitutional Amendment?
A) Fourth
B) Fifth
C) Sixth
D) Seventh
E) Eighth
Q:
State and local law enforcement agencies take the lead in drug investigations in High Intensity Drug Trafficking Areas or HIDTAs.
Q:
If a person commits an act with the intent of causing a particular criminal result, the person is said to have general intent.
Q:
In a case in South Carolina dealing with pregnant women and drug abuse, the Supreme Court ruled that:
A) suspects in custody who voluntarily submit to a lie detector test have given up their right against self-incrimination, and their results are admissible at trial.
B) DNA evidence is always admissible due to its high rate of reliability.
C) consensual fingerprinting of children with criminal records expunged by the courts are not admissible at trial.
D) consensual blood tests violate the Fifth Amendment's prohibition against unreasonable searches.
E) non-consensual urine tests violate the Fifth Amendment's prohibition against unreasonable searches.
Q:
Controlled substances have no valid medical uses.
Q:
Only guilty people confess to crimes
Q:
Which of the following is TRUE about evidence in trials?
A) Defendants cannot be forced to provide writing and voice samples.
B) Fingerprints are considered inadmissible at trial if they were obtained without the defendant's permission.
C) Defendants can be forced to vomit up evidence by having their stomachs pumped in a hospital.
D) Defendants cannot be forced to stand in a line-up.
E) Defendants can be made to try on clothing.
Q:
Dangerous drugs are classified as controlled substances.
Q:
Corpus dilecti requires both harm and a criminal act.
Q:
Which of the following is NOT true of Spousal Privilege?
A) Under the law today, a person can choose to testify against their spouse.
B) The privilege to avoid testimony belongs to the person being spoken about, and not to the speaker.
C) Spousal Privilege protects private conversations between husband and wife, and protects marriages from the destructive effects of being compelled to testify against one another.
D) The privilege is based on the notion that husband and wife are one person and that one person should not be compelled to testify against one's self.
E) Under common law, it was customary that a spouse could not be compelled to testify and that a spouse could be prevented from testifying by the other spouse.
Q:
California is the only state in which prostitution is legal.
Q:
There must always be specific intent to commit a crime or no prosecution is possible.
Q:
Which of the following is NOT true about Attorney-Client Privilege?
A) Under the Work Product Rule, any notes taken or materials produced in preparation for the trial are protected.
B) Attorney-Client Privilege ends upon the death of the client.
C) Attorney-Client Privilege does not allow the attorney to participate in a crime.
D) Conversations between client and counsel are privileged in order to encourage full and frank discussion between an attorney and client.
E) An attorney cannot allow a client to give false testimony if the attorney knows that the client intends to lie.
Q:
Prostitution is defined as engaging in sexual intercourse or other sexual activity for pay.
Q:
An alcoholic leaves a bar after drinking 5 shots of vodka and 2 pints of beer. She walks down a public street while removing her clothing. An officer arrests her for disturbing the peace and public drunkenness. This is an example of a status crime.
Q:
A broad form of protection in which the person cannot be prosecuted for any action related to the testimony provided, as long as the person testifies truthfully, is called:
A) useful immunity.
B) use immunity.
C) transactional extradition.
D) transactional immunity.
E) transactional indictment.
Q:
To obtain a conviction for vagrancy, the prosecutor must prove:
A) the person failed to leave when asked.
B) the person was homeless.
C) the person didn"t reside within the municipality.
D) the person intended to panhandle, gamble, or commit some other criminal activity.
E) none of the above
Q:
A homeless person is sleeping on a park bench after the park is officially closed. The sleeping man may be charged with the crime of homelessness.
Q:
"Pleading the Fifth" means asserting the right to avoid giving testimony that could:
A) incriminate one's husband.
B) incriminate one's self.
C) incriminate one's attorney.
D) incriminate a member of one's congregation.
E) incriminate one's patient.
Q:
A rural area announces a public policy initiative designed to increase the area's population called "boink for the boonies." At the initial kickoff meeting, a particularly enthusiastic couple has sex on the stage as the band plays. What crime have they committed?
A) Public indecency or lewdness
B) Performing without a permit
C) Felony criminal conspiracy
D) No crime was committed.
E) Malicious mischief
Q:
One's status (i.e. homelessness, alcoholism) is not a crime.
Q:
Which of the following is NOT true about the Right to Counsel?
A) The Right to Counsel is found in the Third Amendment to the Constitution.
B) Indigent defendants have the right to a court appointed attorney at no charge.
C) The Right to Counsel is mentioned as part of the Miranda warnings.
D) It is expected that the Right to Counsel will mean that the attorney will be competent and effective.
E) Right to Counsel, including free counsel for indigent defendants, continues after trial through the post trial appeals and any direct appellate appeals
Q:
The Supreme Court has ruled that:
A) local officials may not charge anyone with disorderly conduct
B) there is no freedom of speech defense for using words that might incite a riot.
C) there is no freedom of speech defense for using "fighting words'.
D) local police enforce disorderly conduct laws under absolute sovereign immunity.
E) B and C.
Q:
Planning a crime in one's head can be a crime in and of itself because it establishes mens rea.
Q:
Miranda warnings include the following, except:
A) the expectation of privacy.
B) the right to remain silent.
C) the right to an attorney during questioning.
D) an attorney will be appointed free of charge if the accused cannot afford one.
E) at anytime during the questioning, the accused can stop and the interrogation will end.
Q:
The criminal act of marrying someone while you are married is:
A) polygamy
B) polyandry.
C) bigamy.
D) madness.
E) none of the above.
Q:
Duty by relationship refers to the concept that a person can never be held responsible for a crime simply because he has a relationship with another person and did nothing to prevent harm to that person when he could have done so.
Q:
Explain the Right to Remain Silent and the reasoning for it.
Q:
States liquor laws regulate which of the following?
A) The drinking age, although states who wish to lower their drinking age risk losing federal highway funds.
B) How much a person who is not driving may consume.
C) How much a person may drink in the privacy of his home.
D) Public drunkenness.
E) A and D.
Q:
Mens rea always requires direct proof that the defendant intended the act he or she committed.
Q:
Define ex post facto law and explain the reasoning for its prohibition.
Q:
A law enforcement officer observes a driver weaving in and out of traffic, pulls him over, and subsequently smells alcohol on his breath and hears his slurred speech. At this point, the officer can charge him with:
A) driving under the influence or similar laws.
B) drunk driving per se.
C) both A and B.
D) implied consent.
E) disorderly conduct.
Q:
Vicarious liability refers to the concept that a person can be responsible for another's action.
Q:
Explain the protections from Double Jeopardy and give examples.
Q:
Under the prevailing model used by law enforcement to handle reports of missing children,:
A) notes left by the child indicate a voluntary runaway
B) if no note is left and the child is under 15, the child is presumed to have been abducted.
C) children 15 to 17 who have had conflict with their parents or caregivers are presumed to have runaway or been thrown away.
D) parents of those determined to be runaways are presumed to be abusive.
E) A, B, and C.
Q:
Mens rea is a wrongful action.
Q:
Explain the exclusionary rule and give examples of its application. Also discuss "good faith" and how it applies.
Q:
When an elderly person comes to believe he or she has no choice but to accept the abuse from a caregiver, that person suffers from:
A) post traumatic stress disorder
B) cowardice.
C) elder abuse syndrome.
D) battered wife syndrome.
E) battered geezer syndrome.
Q:
A crime is a wrong against society or the public interest.
Q:
Explain the concept of "expectation of privacy" and its role in determining the need for a search warrant.
Q:
When is corporal punishment child abuse under the law in most states?
A) Never
B) When the punishment creates a substantial risk of serious physical or psychological harm.
C) Never when the parents invoke the freedom of religion defense.
D) Always
E) Only when the punishment creates a substantial risk of serious physical harm.
Q:
You have just purchased a television and a police officer has arrived at your door to explain that the set is stolen. He asks you where you got the television. Which explanation is least likely to land you in legal hot water?
A) You bought the television from a friend of a friend who claimed he was selling it for his mother who is about to go into a nursing home, and you paid about 50% less than fair market value.
B) You bought the television on sale from a national retailer and you have the receipt.
C) You bought the television from a pawnshop.
D) You bought the set on Ebay and paid $20 less than the same set sells for at a leading national retailer.
E) You bought it from a stranger who rang your doorbell and paid about 25% of fair market value.
Q:
A law that singles out a person or persons as the only individual affected is a ___________.
Q:
Child molestation is:
A) the same as child abuse.
B) a form of child abuse
C) sexual acts or activities between and a child and an adult.
D) not a crime if the child consents.
E) B and C
Q:
Ten years after she was violently assaulted, Judy passes away from a blood infection acquired while receiving follow-up care for pain associated with the assault. Judy also suffered from ovarian cancer and was undergoing chemotherapy for the cancer at the time she died. You represent the original assailant, who has now been charged with murder. What is your best argument for dropping the charges?
A) Medical malpractice was the proximate cause of Judy's death.
B) Judy's ovarian cancer was an intervening cause that killed her.
C) No one could have foreseen that an assault victim would die from follow-up treatment a decade later.
D) None of the above. Defendants are always responsible for the consequences of their actions, no matter how much time has passed.
E) A and B
Q:
The rule that a person cannot be charged a crime that became a crime after he committed the act made illegal is _____________.
Q:
Law enforcement tools against domestic abuse include:
A) protection from abuse orders
B) the Violence Against Women Act.
C) an unconditional promise not to prosecute women who kill their abusive partners.
D) psychological counseling of perpetrators and victims
E) A, B, and D.