Q&A Hero

Q: A criminal act performed with the aid of a computer is a ______________.

Q: Which events occur at an arraignment? A) The defendant testifies before the grand jury. B) A representative of the court reads the charges to the defendant. C) The defense cross-examines prosecution witnesses. D) The defendant enters a plea to the charges. E) B and D.

Q: A person who has been ruled insane prior to trial can still be tried and convicted, but cannot be executed prior to regaining sanity.

Q: An attack motivated by hatred of a person's race is a ______________.

Q: Which pair of documents charge a defendant with a crime? A) An information and an indictment B) A nol pros motion and an indictment C) An arraignment and an information D) A plea and an arraignment E) None of the above.

Q: There is one standard for the insanity defense in all 50 states and the District of Columbia.

Q: Setting a fire with intent to endanger a person or persons is ______________.

Q: At a preliminary hearing: A) the prosecution presents evidence. B) the prosecution must show probable cause to hold the defendant for trial. C) the defense may ask to have the charges dropped. D) A, B, and C. E) A and B only.

Q: Those who are voluntarily intoxicated are not responsible for any act committed while under the influence; this is known as the intoxication defense.

Q: An attack where the perpetrator intends to inflict severe bodily injury on the victim is ______________.

Q: The possible outcomes of a preliminary arraignment are: A) the prisoner is sentenced for his crime. B) the prisoner is released on his or her own recognizance. C) bail is set. D) bail is denied. E) B, C, and D.

Q: Under the common law standard children under 7 years of age are conclusively presumed to be incapable of knowing the wrongfulness of their crimes.

Q: An act of force or threat of force intended to inflict harm upon a person is an example of an ______________.

Q: In order to persuade a magistrate to issue an arrest warrant, a police officer must: A) demonstrate there is probable cause to arrest the person. B) demonstrate the person committed the crime beyond a reasonable doubt. C) provide physical evidence that points to the person's guilt. D) A, B, and C. E) none of the above

Q: The two-pronged test for entrapment defenses provides that the criminal design must have originated with law enforcement and the defendant must not be predisposed to commit the crime.

Q: A theft made by force or threat of force by a person carrying a weapon is an ______________ robbery.

Q: A police officer who observes a person breaking into a house: A) must wait for a magistrate to issue a warrant. B) may shoot the burglar without obtaining any more information. C) may arrest the burglar without obtaining a warrant. D) must call for backup. E) none of the above

Q: The necessity defense can never be used to justify a death to protect property.

Q: A theft made by force or threat of force where no weapon is used is a ______________ robbery.

Q: States delegate their police power: A) to the federal government. B) to counties and municipalities. C) to other states. D) A, B, and C. E) none of the above

Q: The law recognizes a difference between defense of self and defense of property. Generally, it is not appropriate to use deadly force to defend objects unless a person is also in immediate danger.

Q: A theft made by force or threat of force is a ______________.

Q: Government police power: A) gives government the right to enforce existing laws. B) gives government the right to punish those who break the law. C) gives government the right to regulate the health, safety, morals and the general welfare of its citizens. D) A, B, and C. E) none of the above

Q: Deadly force can always be used to protect oneself from another's criminal act.

Q: A person leaving a gun unlocked and unattended could be guilty of assault

Q: The Commerce Clause: A) allowed the Supreme Court to rule the Civil Rights Act of 1964 was constitutional. B) became the basis for the federal law enforcement agency that eventually became the FBI. C) is no longer used in legal arguments. D) A, B, and C. E) A and B only.

Q: Deadly force may only be used against an attacker who has initiated the aggression using unlawful force.

Q: At Common Law, battery is the crime of inflicting physical harm on an individual.

Q: The Commerce Clause: A) gives the federal government jurisdiction over intrastate commerce. B) gives the federal government jurisdiction over interstate commerce. C) gives the federal government jurisdiction over international commerce. D) prevents the federal government from interfering with interstate commerce. E) makes the U.S. a socialist nation.

Q: Self defense is a justification that rests upon the belief that innocent people have the right to protect themselves and their property from crime.

Q: A person stealing an unattended purse is robbery.

Q: The doctrine that states that federal law takes precedence over state and local law is called: A) the Monroe Doctrine B) the Supremacy Doctrine C) the preemption Doctrine D) the Federal Doctrine E) the Obama Doctrine

Q: Under the objective standard for entrapment, the question to be answered is: A) Was a crime committed? B) Was the defendant predisposed to commit the crime? C) Would an innocent person be induced to commit the crime by the officer's acts? D) Would a reasonable person be induced to commit the crime by the officer's acts? E) Did the government agent commit the crime first?

Q: A mugging is an example of a robbery.

Q: Which of the following statements are true of the Supremacy Clause? A) It outlaws White Supremacists. B) It declares the U.S. Constitution to be the supreme law of the land. C) It declares the Supreme Court to be the highest court in the land. D) It states that the states may never give their citizens more rights than are guaranteed in the U.S. Constitution. E) It is the clause that dictates who can and cannot vote in federal elections.

Q: Under the subjective standard for entrapment, the question to be answered is: A) Was a crime committed? B) Was the defendant predisposed to commit the crime? C) Would an innocent person be induced to commit the crime by the officer's acts? D) Would a reasonable person be induced to commit the crime by the officer's acts? E) Did the government agent commit the crime first?

Q: The FBI is the only federal agency that fights cyber crime.

Q: The powers the Constitution specifically gives to the federal government are called: A) police powers. B) enforcement powers. C) enumerated powers. D) delegated powers. E) Austin Powers.

Q: List and explain the two requirements that must be satisfied before a punishment is "cruel and unusual."

Q: Under the doctrine of sudden escalation: A) the aggressor in an initially non life threatening fight may use deadly force, should the other fighter begin using deadly force. B) armed pedestrians may shoot cars who suddenly speed up. C) the aggressor must retreat if the other fighter begins using deadly force. D) is part of the "stand your ground" laws. E) both A and D

Q: Defendants can have video surveillance evidence dismissed as an invasion of privacy.

Q: Federal courts have exclusive jurisdiction over: A) patent cases. B) federal crimes. C) state crimes. D) disputes between the states. E) A, B, and D.

Q: Explain what procedural protection is required before the death penalty can be carried out.

Q: The Common Law retreat rule: A) requires an intruder must retreat when a homeowner pulls a gun on him or be justifiably shot. B) requires a person to retreat rather than use deadly force unless the person is his or her home or business. C) only requires a person to retreat if the retreat can be done in complete safety. D) can be used by aggressors if they remove themselves from the fight under the doctrine of withdrawal. E) B, C, and D.

Q: According to the Supreme Court in the Apprendi decision, judges may enhance sentences if they find the crime committed was a hate crime.

Q: The three levels of the federal judiciary are: A) tax court, bankruptcy court, and criminal court. B) the Supreme Court, the U.S. Courts of Appeals, and U. S. District Courts C) federal courts, state courts and local courts D) patent courts, admiralty court, and bankruptcy court E) admiralty court, criminal court and civil court.

Q: Explain why capital punishment is not unconstitutional as "cruel and unusual" punishment.

Q: Mentally ill defendants in the federal system who are only competent to stand trial when they are taking their medication may: A) legally evade prosecution forever by refusing to take their medication. B) be forced to take their medication following a competency hearing. C) have their trials continue despite their incapacity, but such incapacity could be the basis of an appeal D) have their trials continue despite their incapacity, but they may not use their incapacity as the basis of an appeal. E) both B and D

Q: Internet Service Providers must hold e-mail for 90 days once a law enforcement agency informs them the e-mail may be part of an investigation.

Q: Which of the following statements are true about the impeachment process? A) Federal judges are appointed for life and cannot be removed from office. B) Federal judges may be removed from office after being convicted of high crimes or misdemeanors. C) Impeachment charges are brought in the House of Representatives. D) Impeachment trials take place in the Senate E) B, C, and D are all true.

Q: Define criminal punishment.

Q: The standard that sends a convicted mentally ill person to a mental hospital until he recovers, and subsequently to prison to finish the sentence is: A) not guilty by reason of insanity. B) guilty, but mentally ill. C) complete lack of capacity D) substantial lack of capacity E) both A and B

Q: The Common Law definition of assault does not include infliction of physical harm.

Q: In the federal government's checks and balances system, what check does the federal court system have on the executive and legislative branches of government? A) The senate must confirm all judicial nominees. B) The president has the power to appoint judges to the federal bench. C) The Supreme Court can impeach the president. D) The Supreme Court can vote to dissolve Congress. E) Federal courts can declare laws to be unconstitutional.

Q: Explain the history of the Eighth Amendment to the United States Constitution.

Q: The mistake of fact defense: A) may never be used for general intent crimes. B) may be used for specific intent crimes. C) may be used for specific intent crimes if the mistake is a reasonable one. D) never works. E) both A and B

Q: To get a theft conviction, prosecutors must prove the defendant threatened the victim.

Q: Which branch of government has the power to make laws? A) Legislative B) Executive C) Administrative agencies D) Decisive E) Judicial

Q: When a person is sentenced for more than one crime and the sentences at the same time, they are referred to as ________________ sentences.

Q: The standard that sends a convicted mentally ill person to a mental hospital until he recovers is: A) not guilty by reason of insanity. B) guilty, but mentally ill. C) complete lack of capacity. D) substantial lack of capacity. E) both A and B

Q: The two major types of trafficking in persons are sex trafficking and drug trafficking.

Q: The following are included in the three branches of the U.S. government, except: A) the U.S. Congress. B) the Federal Bureau of Investigation (FBI) . C) United Nations Security Council. D) the U.S. Senate. E) the U.S. Supreme Court.

Q: When a person is sentenced for more than one crime and the sentences are served one after the other, they are referred to as ________________ sentences.

Q: The mistake of fact defense: A) may be used for general intent crimes if the mistake is a reasonable one. B) may never be used for specific intent crimes. C) may be used for specific intent crimes if the mistake is a reasonable one. D) may never be used for general intent crimes. E) both A and B

Q: An essential element of kidnapping is that the kidnapper demand a ransom.

Q: Murder, rape and robbery are typically considered: A) summary offenses. B) misdemeanors. C) felonies. D) serious crimes. E) a typical night in Las Vegas.

Q: In lieu of a prison sentence, sometimes defendants get ________________, a period of time where the person is free, but under court supervision.

Q: The consent defense may be used for the following crimes: A) murder. B) voluntary manslaughter C) involuntary manslaughter D) assault E) rape

Q: An essential element of solicitation is that the person solicited actually commits the crime.

Q: A crime where the penalty is less than a year in prison is most likely: A) a major crime. B) a felony. C) a misdemeanor or summary offense. D) a misdemeanor or a felony. E) a capital offense.

Q: Very often, a first-time offender will receive a___________________.

Q: The intoxication defense: A) implies voluntary intoxication may be used to reduce first degree murder to second degree murder. B) has been entirely abolished. C) applies only to involuntary intoxication. D) applies to all forms of intoxication and is absolute. E) both A and B

Q: Hate crimes are a new category of crimes which usually punish an act motivated by hatred or bigotry against a group, by making the sentence longer than if the motivation for the crime was something other than hate or bigotry.

Q: The standard of proof in a civil trial is: A) a preponderance of evidence. B) beyond a reasonable doubt. C) more likely than not. D) absolute certainty. E) none of the above.

Q: The most common punishment in the U.S. penal system is _________________ or being put in prison.

Q: The victim's consent is a defense except: A) when the victim is intoxicated to the point he/she is unable to make a reasonable judgment. B) when the victim is a child. C) when the victim has a mental defect or disease. D) None of the above are exceptions to the consent defense. E) A, B and C are exceptions.

Q: Wiring a house with dynamite with the intent to kill or harm people is an example of violent arson.

Q: The standard of proof in a criminal trial is: A) a preponderance of evidence. B) beyond a reasonable doubt. C) more likely than not. D) absolute certainty. E) none of the above.

Q: Letting the punishment fit the crime is the essence of the concept of ___________ in sentencing.

Q: The entrapment defense: A) requires the defendant must not be predisposed to commit the crime. B) implies the criminal design must have originated with law enforcement. C) may only be used when law enforcement officials lure a person into committing a crime. D) A and B only E) A, B and C are true.