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Law
Q:
The name given to the test used to determine whether a sentence constitutes cruel and unusual punishment isa. balancingb. scales of justice c. proportionality d. moderation
Q:
The Federal Sentencing Guidelines are
a. no longer mandatory
b. no longer discretionary
c. no longer applicable
d. no longer fair
Q:
In Booker, the Court held that under the holdings of Apprendiand Blakeley,the Federal Sentencing Guidelines violated the Sixth Amendment's right toa. jury trials in criminal casesb. speedy trials in criminal casesc. fair trials in criminal casesd. an attorney in criminal cases
Q:
In Blakely v. Washington, the Supreme Court held the sentence was invalid under the Sixth Amendment, because the defendant was entitled to a jury trial on the facts supporting the finding that he acted with
a. deliberate cruelty
b. deliberate indifference
c. deliberate apathy
d. deliberate malice
Q:
In Ringv.Arizona,536 U.S. 584 (2002), the Court held that a state capital sentencing procedure that permitted the sentencing judge to make the factual determination of the aggravating and mitigating circumstances present
a. violated the Sixth Amendment's right of trial by jury
b. violated the Sixth Amendment's right of trial by judge
c. violated the Sixth Amendment's right to a speedy trial
d. violated the Eight Amendment's right to freedom from cruel and unusual punishment
Q:
The Sixth Amendment requires that factual findings made for the purpose of enhancing a sentence must be made by a
a. jury
b. judge
c. prosecuting attorney
d. defense attorney
Q:
The use of a firearm or dangerous weapon while committing a crime frequently serves as a basis for sentence enhancement.
Q:
In 1984 the federal government passed the Truth in Sentencing law (TIS), which encouraged states to pass sentencing laws that guaranteed a defendant served the entire time sentenced rather than just a few years.
a. True
b. False
Q:
A long criminal record would be an aggravating factor while no previous criminal record would be a mitigating factor.
a. True
b. False
Q:
A defendant ordered to serve two years concurrently for conviction of two counts of a crime must serve the sentences one after the other, for a total of four years.
a. True
b. False
Q:
Blakelyv.Washington, 124 S.Ct. 2531 (2004), applied the reasoning of Apprendito state sentencing systems.
a. True
b. False
Q:
The death penalty may not be imposed upon a person determined to be insane.
a. True
b. False
Q:
In 1972, the Supreme Court, in Furman v. Georgia, invalidated all existing state death penalty laws.
a. True
b. False
Q:
The Eighth Amendment of the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, provides that "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." a. Trueb. False
Q:
Describe the elements of the defense of entrapment and what types of police activity are not considered entrapment.
Q:
Describe three situations in which a second trial for the same offense would not violate a defendant's right against double jeopardy.
Q:
Explain why the Double Jeopardy Clause prohibits successive prosecutions for the same crime.
Q:
Explain the basis for an affirmative defense and the issues associated with them.
Q:
Explain how the defense of duress differs from a necessity defense. Give an example of each.
Q:
Explain the difference between mistake of fact and mistake of law. When, if at all, can either one of them be used as a defense to a criminal charge?
Q:
When can a witness be granted immunity? What are the different types of immunity that can be extended to witnesses?
Q:
Compare and contrast diplomatic and legislative immunity.
Q:
Distinguish between a prosecution for the same offense or for a separate offense.
Q:
The assertion that it would have been physically impossible for the defendant to have committed the crime is called an ____.
Q:
A statute that sets the maximum the government has to prosecute a violation of a criminal law is called the .
Q:
Under immunity the witness enjoy immunity from criminal prosecution related to the subject matter.
Q:
In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a party to the crime is called .
Q:
A(n) is any defense that assumes the charges to be correct but raises other facts that present a valid excuse.
Q:
Failure to try a defendant within the time necessary to satisfy the speedy trial requirement may result in of the criminal charge.
Q:
The constitutional requirement for a speedy trial must be complied with unless the defendant that right.
Q:
At times, a of fact can serve as a defense to criminal liability.
Q:
A successful entrapment defense must establish the government's improper inducement and the defendant's lack of to commit the crime.
Q:
In a case involving an entrapment defense, the initial burden of coming forward with evidence is placed upon the.
Q:
Under the sovereignty doctrine, different governments may each file separate criminal actions for the same criminal act.
Q:
The right against double jeopardy is found in the Amendment.
Q:
In a jury trial, jeopardy attaches when a is sworn.
Q:
If the harm sought to be avoided by committing the crime is greater than the harm of the crime itself, the defendant may have the defense of .
Q:
There are two kinds of witness immunity, transactional immunity and immunity.
Q:
Mary murdered her boyfriend, Bob, and then fled across state lines to avoid arrest. At her trial, May claimed that she was already in the neighboring state when Bob met his untimely demise.A government witness testifies that she and Mary murdered Bob. In exchange for the testimony, the witness is granted limited, or immunity.a. transactionalb. usec. diplomatic d. legislative
Q:
Mary murdered her boyfriend, Bob, and then fled across state lines to avoid arrest. At her trial, May claimed that she was already in the neighboring state when Bob met his untimely demise.On the other hand, the burden of proof for an affirmative defense rests with a. Maryb. prosecutionc. judged. police
Q:
Mary murdered her boyfriend, Bob, and then fled across state lines to avoid arrest. At her trial, May claimed that she was already in the neighboring state when Bob met his untimely demise.
During the trial, the government calls witnesses who claim to have seen Mary at the scene of the crime. This requirement is called
a. corpus delicti
b. affirmative defense
c. entrapment
d. burden of proof
Q:
Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny's sister if Johnny didn't bring them illegal booze.If Bill and John had threatened Johnny, rather than Johnny's sister, then which defense could Johnny claim?a. coercion defenseb. entrapment defensec. necessity defensed. duress defense
Q:
Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny's sister if Johnny didn't bring them illegal booze.Given the circumstances, in most states, Johnny would not be acquitted ofa. murderb. robberyc. public drunkennessd. underage drinking
Q:
Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled
to commit the robbery by Bill and John, who threatened to assault Johnny's sister if Johnny didn't bring them illegal booze.
Based on the information in the preface, Johnny's defense would be a
a. coercion defense
b. entrapment defense
c. necessity defense
d. duress defense
Q:
Ivan works for the Russian diplomatic delegation in Chicago as a part of the Russian Federation Consulate. On Friday night, Ivan has too much to drink and is involved in an automobile accident where several people are injured. Ivan provides identification to the the Chicago City Police, and demands to be released immediately.If in fact Ivan was the son of the Russian ambassador, what fact may have given Ivan his freedom?a. He was under 21 years old.b. He was 30 years old but enrolled in college.c. Ivan has dual citizenship.d. His visa had expired so he shouldn't be in the US anyway.
Q:
Ivan works for the Russian diplomatic delegation in Chicago as a part of the Russian Federation Consulate. On Friday night, Ivan has too much to drink and is involved in an automobile accident where several people are injured. Ivan provides identification to the the Chicago City Police, and demands to be released immediately.Ivan was arrested and charged with various criminal offenses. What argument may have given Ivan his freedom?a. He was performing a task for the Consulate when the accident occurred. b. Being attached to the Consulate conferred absolute immunity upon him.c. Diplomatic immunity covers all foreign nationals.d. His father is the Russian ambassador to the United States.
Q:
Ivan works for the Russian diplomatic delegation in Chicago as a part of the Russian Federation Consulate. On Friday night, Ivan has too much to drink and is involved in an automobile accident where several people are injured. Ivan provides identification to the the Chicago City Police, and demands to be released immediately.Ivan's work at the Russian Consulate in Chicago provided him with a. limited immunityb. absolute immunityc. diplomatic immunity d. full immunity
Q:
Ivan works for the Russian diplomatic delegation in Chicago as a part of the Russian Federation Consulate. On Friday night, Ivan has too much to drink and is involved in an automobile accident where several people are injured. Ivan provides identification to the the Chicago City Police, and demands to be released immediately.Ivan's demand to be released immediately and not charged with any crime is based on what defense?a. Diplomatic immunity b. Legislative immunity c. Witness immunityd. International law
Q:
A defense to criminal prosecution based on the statute that sets the maximum the government has to prosecute a violation of a criminal law is called the .a. statute of limitations b. statute of expirations c. statute of elimination d. statute of finiteness
Q:
A defense to criminal prosecution on the grounds that the defendant physically could not have committed the crime is called an defense.
a. alibi
b. excuse
c. compulsion
d. necessity
Q:
A person who forces another to commit a crime may be charged with a. duressb. coercionc. compulsiond. necessity
Q:
A defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act is called a. duressb. coercionc. compulsiond. necessity
Q:
Under which conditions will a defense of mistake of fact be disallowed?
a. strict liability
b. an alibi defense
c. joint severability
d. ignorance of law defense
Q:
Under immunity, statements made by the witness may not be used in subsequent prosecutions. a. transactionalb. usec. diplomatic d. legislative
Q:
Under which type of immunity does the witness enjoy immunity from criminal prosecution related to the subject matter?a. transactionalb. usec. diplomatic d. legislative
Q:
The burden of proof for an affirmative defense rests upon the a. defenseb. prosecutionc. judged. police
Q:
A(n) is any defense that assumes the charges to be correct but raises other facts that present a valid excuse. a. corpus delictib. affirmative defensec. negative defensed. burden of proof
Q:
In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a party to the crime is called
a. corpus delicti
b. affirmative defense
c. entrapment
d. burden of proof
Q:
Which of the following is not one of the factors used to determine when a speedy trial violation has occurred?
a. the length of the delay
b. the reason for the delay
c. the prejudice resulting from the delay
d. None of these choices
Q:
The right to a speedy trial commences when a person
a. becomes the target of a criminal investigation
b. testifies before a grand jury
c. is officially charged with a crime
d. appears with counsel for trial
Q:
The constitutional right to a speedy trial is found in the Amendment.a. Fourthb. Fifth c. Sixth d. Eighth
Q:
The name of the test used to determine when a speedy trial violation has occurred is thea. four-factor balancing test b. five-factor balancing test c. six-factor balancing testd. seven-factorbalancingtest
Q:
A defense based on unacceptable government persuasion even though the defendant admittedly chose to commit the crime is known as
a. entrapment
b. frame up
c. set up
d. necessity
Q:
Double jeopardy applies
a. if a mistrial occurs before jeopardy has attached
b. if one action is criminal and one civil
c. only if the defendant is convicted in the first trial
d. when the trials are for the same offense in the same court
Q:
Double jeopardy prohibits a person from
a. being tried for an offense and then for a lesser-included offense
b. being tried by both state and federal governments for the same offense
c. being tried by two different states for the same offense
d. being tried again after the appellate court grants a new trial
Q:
If a defendant is tried for the same offense by both the state and federal governments, this is
a. always a violation of double jeopardy
b. not a violation of double jeopardy
c. not a violation of double jeopardy if the first trial resulted in acquittal
d. a violation of double jeopardy only if the first trial resulted in acquittal
Q:
The protection against double jeopardy is found in the Amendment.a. Fourthb. Fifth c. Sixth d. Eighth
Q:
In a bench or court trial, jeopardy attaches once
a. the first witness is sworn in
b. the prosecution rests their case-in-chief
c. the judge reaches a verdict
d. the judge imposes a sentence
Q:
In a jury trial, jeopardy attaches once
a. the jury is sworn
b. the first witness is sworn in
c. the jury reaches a verdict
d. the judge imposes a sentence
Q:
The defense of entrapment has two elements:
a. improper government inducement of the crime and lack of predisposition on the part of the defendant to engage in the criminal conduct
b. improper inducement of the crime and lack of predisposition on the part of the defendant to engage in the criminal conduct
c. improper government inducement of the crime and predisposition on the part of the defendant to engage in the criminal conduct
d. none of these answers are correct
Q:
The difference between a frame-up and a set-up is that in a set-up the person doing the set-up is
a. not a law enforcement officer
b. a law enforcement officer
c. a judge
d. is not a judge
Q:
If the defendant has a reasonable alternative, and harm is not imminent, the defendant
a. may not utilize the necessity defense
b. may utilize the necessity defense
c. may utilize the necessity defense only to take the life of another
d. may utilize the necessity defense in misdemeanor, not felony cases
Q:
What other name is the "choice of evils" defense also known as?
a. coercion defense
b. entrapment defense
c. necessity defense
d. duress defense
Q:
In most states, duress is not a defense to
a. murder
b. treason
c. any crime
d. any property crime
Q:
In the case of escape from prison or jail, duress or coercion
a. may never be used as a defense
b. may be a defense only in limited circumstances
c. may be a defense only if they were subjected to cruel and unusual punishment
d. may be a defense only if the defendant is innocent of the charge
Q:
When using the defense of duress, defendants admit they committed the crime but did so only because they
a. were ordered to do so by a superior
b. were forced to become intoxicated or drugged
c. were tricked by law enforcement
d. were threatened with death or serious bodily injury if they did not commit the crime
Q:
The defense that usually alleges that a law enforcement officer has planted false evidence, or has altered, substituted, or destroyed evidence, in an effort to convict the defendant of the crime charged is known as a a. frame-upb. entrapmentc. collateral citationd. jinx
Q:
The doctrine that allows the federal and a state government to file separate criminal actions for the same criminal act is called
a. federalism
b. dual soverignty
c. res collateral
d. bi-level solution
Q:
The doctrine that prevents a second determination of a charge or issue once it has been judicially determined in a case involving the same parties is called
a. jeopardy
b. corpus delicti
c. double jeapordy
d. estoppel judicata
Q:
The "separate offense" rule states that where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision
a. requires proof of an additional fact which the other does not
b. occurred in the same location
c. occurred at the same time
d. was a felony or misdemeanor