Q&A Hero

Q: To get a conviction on a hate crime, the prosecutor must: a. prove the defendant committed the underlying crime and was motivated by bias by a preponderance of the evidence. b. prove the defendant committed the crime beyond a reasonable doubt and that the defendant was motivated by bias by a preponderance of the evidence. c. prove that the defendant committed the crime beyond a reasonable doubt to the jury and prove bias motivation by a preponderance of evidence to the satisfaction of the judge. d. prove that the defendant committed the crime beyond a reasonable doubt to the jury and prove bias motivation beyond a reasonable doubt to the judge. e. prove that the defendant committed crime and was motivated by bias beyond a reasonable doubt to the jury.

Q: A trial that is divided into two phases - one in which guilt or innocence is determined, and a second in which punishment is set - is called a bilateral trial.

Q: When a person retracts his or her testimony, it is called ______________.

Q: Which of the following cannot be the motivation for a hate crime? a. The victim's race b. The victim's gender c. The clothes the victim is wearing d. The victim's age e. The victim's political affiliation

Q: The founding fathers never intended for us to use the death penalty as a form of punishment for criminal behavior. We believe this because there is no mention of the death penalty in the actual text of the Constitution.

Q: The Common Law rule that requires two witnesses to testify to another's perjury in order for a conviction to take place is ______________ .

Q: Which of the following is NOT an example of assault? a. The perpetrator attempts to cause or knowingly, recklessly, or intentionally causes bodily injury to another. b. The perpetrator negligently causes bodily injury to another with a deadly weapon. c. The perpetrator attempts by physical menace to place the victim in fear of imminent serious bodily injury. d. The perpetrator brandishes an unloaded gun, but the victim believes it is loaded. e. A person hits you in the mouth before you ever see it coming.

Q: Because punishments are considered cruel and unusual based on the "evolving standards of decency that mark the progress of a maturing society" what is acceptable today may be unacceptable tomorrow.

Q: Convincing or seeking to convince another person to commit perjury is _______________.

Q: Which of the following is NOT true about armed robbery? a. The federal mandatory minimum sentence for armed robbery is five years. b. The federal mandatory minimum sentence for armed robbery when the gun is brandished is seven years. c. The federal mandatory minimum sentence for armed robbery when a gun is discharged is ten years. d. If an armed robber wounds someone in the course of a robbery, he must be sentenced to life in prison. e. Carrying a weapon during an armed robbery is proof of intent.

Q: A punishment meets the definition for "cruel and unusual" if it involves unnecessary infliction of pain.

Q: Under RICO, the government cannot be a corrupt organization.

Q: Which is NOT an element of the crime of robbery? a. The taking and carrying away of property of another b. The reselling of the property by the robber c. The intent to steal the property d. Property taken from the person or in the presence of the person e. The use of force or threat of imminent force

Q: Cruel and unusual punishment is prohibited by the Sixth Amendment.

Q: Under RICO, a sole proprietorship cannot be a corrupt organization

Q: Assault: A) can be either the fear of imminent harm or actual physical harm. B) always requires physical harm. C) always requires fear of imminent harm. D) none of the above E) both A and B

Q: What happens to a prisoner if he is not executed due to an equipment malfunction? A) His execution is rescheduled for a time when the equipment is working properly. B) His sentence is commuted to life in prison. C) He is released. D) The technician responsible for the failure is executed in his place. E) none of the above

Q: Under RICO, a partnership cannot be a corrupt organization.

Q: Discuss the challenges states that charge a DNA profile with a crime will face in meeting the standards the Supreme Court requires to satisfy the confrontation clause.

Q: Punishments under the Bloody Code in 18th Century England included: A) bloody public executions. B) prison. C) transportation. D) extended torture. E) A, B, and C

Q: Under RICO, corporations can be corrupt organizations.

Q: Explain how rape laws have changed over the last 200 years.

Q: Sex offender registration: A) has been held to be an ex post facto law. B) in some states involves lifetime monitoring via a GPS device. C) in some states involves lifetime video surveillance. D) is part of a vast conspiracy to keep the American population in a permanent state of terror. E) is being phased out.

Q: Duress is a defense to escape.

Q: Explain the mistake of age defense to statutory rape.

Q: Money the defendant pays to the victim to compensate them for the harm the crime caused is: A) restitution. B) fines. C) taxes. D) cost of doing business. E) none of the above

Q: Reporter's privilege is a defense to contempt

Q: What is the purpose of rape shield laws?

Q: A jail sentence that is lengthened after the judge or jury considers aggravating and mitigating factors is called: A) consecutive sentences. B) concurrent sentences. C) an enhanced sentence. D) a mandatory minimum sentence. E) a sentence fragment.

Q: Double jeopardy is a defense to contempt.

Q: In cases where defendants were convicted without DNA evidence, should the courts always honor requests for DNA analysis from appealing convicts?

Q: A sentence of five to ten years with the defendant not being eligible for parole during the first five years is an example of: A) indeterminate sentencing. B) indefinite sentencing. C) definite sentencing. D) consecutive sentencing. E) concurrent sentencing.

Q: Attorney-client privilege is a defense to contempt.

Q: To avoid having the statute of limitations expire on some sexual assault cases, some states allow prosecutors to file charges against a __________.

Q: Chemical castration is: A) an attempt to prevent sex offenders from reoffending. B) an approach used to limit the spread of AIDS in prison. C) a condition of parole in some states for sex offenders. D) a form of sterilization. E) A and C

Q: Absence of warning by the court is a defense to contempt.

Q: A defendant accused of statutory rape can assert the __________ defense if he believed the victim to be older than she was.

Q: Defendants who plead guilty: A) lose appeal as a right. B) lose the right to discretionary appeals. C) lose all rights to appeals. D) get the maximum sentence. E) automatically get the minimum sentence.

Q: Recantation is a defense to obstruction of justice

Q: Sexual relations between close relatives constitutes the crime of _________.

Q: A sentence with a minimum of five years and a maximum of ten years is an example of: A) indeterminate sentencing. B) indefinite sentencing. C) definite sentencing. D) consecutive sentencing. E) concurrent sentencing.

Q: Impeachment is an indictment of a federal official charging him/her with "treason, bribery, and high crimes and misdemeanors" with the purpose of removing the person from office.

Q: Sexual touching of another person without permission is known as forcible _________.

Q: A person convicted of a crime in the U.S. system could possibly be sentenced to any of the following except: A) probation. B) a suspended sentence. C) exile. D) prison. E) death.

Q: Bribery is the crime of giving something of value to a public official with the intention of influencing their actions and requires the official to accept the payment and allow the influence on their actions.

Q: A person under the ___________ of consent is said to lack the capacity to consent to sexual acts.

Q: The Eighth Amendment prohibition of cruel and unusual punishment is based on what document? A) the Magna Carta B) the Louisiana Purchase C) the Mayflower Compact D) the Treaty of Versailles E) the Munich Agreement

Q: Bribery is the crime of giving something of value to a public official with the intention of influencing their actions.

Q: Rape shield laws are rules of evidence that exclude a rape victim's ___________.

Q: What was determined by Kelly v. South Carolina? A) The Supreme Court ruled that the methods used for applying the death penalty were arbitrary and capricious, thus qualifying for the label "cruel and unusual." B) Attempting to execute a person twice, due to equipment failure, is not cruel and unusual punishment. C) The Supreme Court ruled that capital punishment can not be handed down for rape, because such a punishment would be excessive. D) In cases in which the jury must decide between the sentences of death or life in prison, the jury must be instructed that life in prison means that the defendant will have absolutely no chance of parole. E) Prison officials can force an otherwise mentally incompetent individual to receive medication to restore his/her competence, even if the prison objects.

Q: Contempt is conduct that brings the authority and administration of the law into disrespect or that embarrasses or obstructs the court's discharge of its duties.

Q: A defendant who argues the victim agreed to have sex is using the ________ defense.

Q: The theory that courts should "make the punishment fit the crime" is called: A) indeterminate sentencing. B) indefinite sentencing. C) mandatory minimum sentencing. D) proportionality. E) enhanced sentencing.

Q: Obstruction of justice requires the actual destruction of evidence that could be used in a criminal case, knowing that its destruction will prevent the conviction of a guilty party.

Q: A woman who claims her husband sexually assaulted her can file charges of ________ rape.

Q: What is a popular term for legislation intended to punish a repeat offender more harshly? A) three strikes and you're out B) down for the count C) two hits and a knockout D) four bases make a homerun E) three yards to the touchdown

Q: Obstruction of justice is the crime of impeding or hindering the administration of justice in any way.

Q: The _________ Law defines rape as forced sexual intercourse with a woman, not one's wife.

Q: Which of the following sets of crimes may be punishable by death? A) treason, murder and espionage B) rape, murder and kidnapping C) murder, treason and rape D) any three felony convictions under "three strikes and you"re out" legislation E) felony murder, robbery and conspiracy

Q: Subornation of perjury is convincing or seeking to convince another person to commit perjury.

Q: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person without the _________ of the victim constitutes rape under the new UCR definition.

Q: Which of the following is an unacceptable method of execution? A) electrocution B) drawing and quartering C) lethal gas D) firing squad E) lethal injection

Q: A form of perjury is lying about your whereabouts to a family member.

Q: Teenagers who are the same age and over the age of consent cannot be convicted of forcible sodomy for their joint consensual sexual acts.

Q: Which of the following is NOT an example of cruel and unusual punishment by today's standards? A) forcing multiple inmates to share a small prison cell by giving them bunked beds to sleep in B) execution of a criminal who has been assessed as being mentally retarded C) forcing a defendant to take medication that was never prescribed by a doctor for any documented illness so that the defendant will be more lucid during trial D) executing a prisoner by lethal injection after a jury of her peers determined she was guilty of capital murder in one trial that included the trial and sentencing phases at the same time E) feeding only bread and water in prison inmates

Q: One form of perjury is the giving of false testimony in any government proceeding.

Q: A victim's consent to engage in oral sex is sufficient for a defendant to assume vaginal sex is consensual as well.

Q: The Supreme Court has ruled which of the following types of executions to be "cruel and unusual"? A) executing those who are not competent at the time of the execution B) executing those who are mentally retarded C) executing those who were minors when they committed the crime D) executions by lethal injection E) A, B, and C

Q: Perjury is generally defined as giving false testimony in a judicial proceeding or an administrative proceeding, lying under oath as to a material fact, or swearing to the truth of anything one knows or believes to be false.

Q: Rape Shield laws prevent prosecutors from revealing the defendant's sexual past.

Q: When a jury is considering whether to sentence a defendant to execution, they must consider circumstances that may make the crime less severe. What are such circumstances called? A) reducing circumstances B) mitigating circumstances C) aggravating circumstances D) lessening circumstances E) explanatory circumstances

Q: Which of the following constitute obstruction of justice? A) Hiding, changing, or destroying documents related to a judicial proceeding. B) Encouraging or giving false testimony. C) Intimidation, threats, or harm to witnesses D) Intimidation, threats or harm to judges, jurors, or others involved in a legal proceeding. E) all of the above

Q: The UCR's new definition of rape includes sexual assault with an object.

Q: The case Gregg v. Georgia established that capital trials must be divided into two phases. What is that type of trial called? A) separated trial B) multi-phased trial C) biannual trial D) bifurcated trial E) bilateral trial

Q: Which of the following is/are elements of perjury? A) An oath B) Intent C) Falsity D) Materiality E) all of the above

Q: One of the elements prosecutors must prove in rape cases is that a sex act took place.

Q: What are the advantages or disadvantages of sequestration for the prosecution? For the defense?

Q: The perjury trap occurs when: A) telling the truth would force the witness to incriminate himself. B) telling the truth would contradict previous statements to law enforcement officials. C) a witness is threatened with death if he testifies truthfully. D) a witness is threatened with harm to his family if he testifies truthfully. E) all of the above

Q: A man raped at gunpoint would be a rape victim under the Common Law definition of rape.

Q: What are some reasons a potential juror can be excused for cause?