Q&A Hero

Q: What rule, based on the res gestae theory, states that if a person is murdered as part of a conspiracy or group act, then everyone involved in the act is responsible for the murder? A) Felony Murder Rule B) Mala in Se C) The Treason and Conspiracy Doctrine D) Conspiracy to Commit Murder E) the prosecutors golden rule

Q: Private conversations between husband and wife are privileged to protect marriages from the destructive effects of being compelled to testify against one another.

Q: A person who procures clients for a prostitute is a ______________.

Q: What is the name of the rule stating that use of a deadly weapon is proof of intent to kill? A) In Res Gestae B) Requirement of Intent to Kill C) Malice Aforethought D) Deadly Weapon Doctrine E) Professor Plum in the Laboratory

Q: The principle that conversations between client and counsel are privileged in order to encourage full and frank discussion between them is called Priest-Penitent Privilege.

Q: ______________ is the act of engaging in sexual intercourse or other sexual activity for pay.

Q: Which of the following best explains the three categories of homicides under English Common Law? A) Criminal, justifiable, and excusable B) Knowing, reckless, and negligent C) Murder, voluntary manslaughter, and involuntary manslaughter D) First, second, and third degree murder E) Felony murder, misdemeanors, and summary offenses.

Q: "Use Immunity" is a limited form of immunity in which the person's testimony cannot be used as evidence against them.

Q: The termination of a pregnancy by something other than birth is ______________ .

Q: A young girl is disabled, blind and unable to walk. She lives with her father and his paramour and is entirely dependent on their care to live and eat. The paramour runs the child's bath and submerges her, and then realizes the water is too hot when the child cries. She dries the child and puts her to bed after she explains what happened to the father. The child has burns on her body from the water, which the two treat with over-the-counter salves. The father waits eight days before calling an ambulance, but by then she is too ill to survive. Can the father be charged with murder?

Q: "Use Immunity" is a broad form of immunity in which the person cannot be prosecuted for any action related to the testimony, as long as the person testifies truthfully.

Q: The criminal act of marrying when one already has a spouse is ______________.

Q: Given the same facts as the previous question, can the father be charged with a crime?

Q: The Right to Counsel, including free counsel for indigent defendants, stops after the verdict is rendered in the trial. Obtaining counsel for post-trial appeals is the responsibility of the defendant.

Q: Under current laws, vagrancy is the crime of being homeless.

Q: A young boy aged five years finds his father's loaded gun on his parents' nightstand and he puts the gun in his kindergarten backpack. During recess, he shows his best friend the gun and pulls the trigger. The bullet misses his friend, but kills a custodian who was emptying a trashcan on the playground. Can the boy be charged with a crime?

Q: A defendant has the Right to Counsel at the arraignment, at preliminary hearings, during most police interrogations, during a lineup, at trial, and at sentencing.

Q: Under the 21st Amendment, only the federal government can prosecute public drunkenness laws.

Q: Explain Mens rea and actus reus.

Q: Currently, the Right to Counsel is extended to anyone accused of a state or federal misdemeanor.

Q: A driver's blood alcohol level must surpass the legal limit to be convicted of drunk driving per se.

Q: What is a crime?

Q: The Right to Counsel is found in the Sixth Amendment.

Q: People in their late teens and early twenties are most likely of all age groups to be crime victims.

Q: _________ intent is where the individual intended the action only.

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