Criminal Justice Final

Front 1

The federal government has adopted the common law crimes

Back 1

False

Front 2

As new States came into the Union their legislatures adopted _____incorporating the common law to the extent it did not conflict with constitutions

Back 2

Reception statutes

Front 3

Community service is often required as part of a ____ for first-time nonviolent offenders

Back 3

Pretrial diversion program

Front 4

Only people accused of felonies have a constitutional right to a lawyer

Back 4

False

Front 5

MacGyver v Pennsylvania the supreme Court refused to extend the right to____ to juveniles

Back 5

Trial by jury

Front 6

The United States___ courts are the major trial courts of the federal judiciary

Back 6

District

Front 7

The most frequent Maxim applied by courts in determining legislative intent is the ____ rule

Back 7

Plain meaning

Front 8

outside the military, only the supreme Court may review courts-martial

Back 8

True

Front 9

United States v Morrison the supreme Court ___ a provision of the violence against women act of 1944

Back 9

Struck down

Front 10

At common law a wife could not be an accessory after the fact for her husband or engage in conspiracy with him

Back 10

True

Front 11

Under common law one directly involved in commission of a felony classified as...

Back 11

A principle

Front 12

Attempt merges into Target offense. Conspiracy does not so you may be charged with both conspiracy and the offense

Back 12

True

Front 13

to get a conviction for conspiracy prosecution must prove that the defendant intended to further the unlawful object and such intent must exist in the minds of ____ of the parties

Back 13

At least two

Front 14

Police officer killing a fleeing felon is excusable homicide

Back 14

False

Front 15

What are the prosecutorial burdens in all homicide cases

Back 15

Proof the victim was alive before the homicidal act and proof the victim's death was proximately caused by the defendant

Front 16

In Washington v glucksberg the US supreme Court reversed the federal appellate Court's decision striking down the state statute prohibiting...

Back 16

Assisted suicide

Front 17

In Gonzales v carhart the US supreme Court held

Back 17

Government has legitimate substantial interest in banning abortions involving partial delivery of a living fetus

Front 18

even though the defendants movement of the victim is incident to another felony courts will generally convict to the defendant of kidnapping

Back 18

False

Front 19

In some jurisdictions one who commits mayhem can be charged with

Back 19

Attempted murder

Front 20

What would most likely involve the FBI?

-Gang homicide

-Rape prosecution against member of Congress

-vehicular homicide on interstate highway

- kidnapping with Ransom

Back 20

Kidnapping with Ransom

Front 21

Most states define___ like common-law however classified by degrees whether they were armed extent of force vulnerability of victim

Back 21

Robbery

Front 22

In order to utter a forged instrument...

Back 22

Must do so knowingly

Front 23

The value of the property taken does not usually affect the degree of the crime of robbery as it does that of theft

Back 23

True

Front 24

To obtain conviction for mail fraud the federal government must prove the defendant specific intent to do so through mail or interstate commercial carrier

Back 24

True

Front 25

White collar crimes are generally strict liability

Back 25

False

Front 26

___ does not prohibit the government from prosecuting a defendant for a RICO charge

Back 26

Double jeopardy

Front 27

Federal law relied on to prosecute state and local officials for extortion is known as the...

Back 27

Hobbs act

Front 28

Rico is liberally construed and does not adhere to the statute of limitations

Back 28

True

Front 29

Bigamy is a statutory offense in all states

Back 29

True

Front 30

The authority of the government to enact laws to protect the public health is a basic function of the ___

Back 30

Police power

Front 31

Under most food and drug laws criminal liability for misdemeanor offenses can attach...

Back 31

Without necessity to prove intent to violate the law

Front 32

United States v Hayes US court of appeals affirmed conviction for unlawful transporting hazardous waste materials and ruled that...

Back 32

Ignorance is not a defense

Front 33

At common law___ of perjury consisted of instigating or procuring another to commit perjury

Back 33

Subornation

Front 34

Modern laws prescribing escape generally embrace common law crimes relating to it

Back 34

True

Front 35

The unlawful offer or agreement to do something under color of office

Back 35

Bribery

Front 36

One of the most difficult crimes to prove

Back 36

Perjury

Front 37

Four defenses asserting lack of capacity to commit a crime

Back 37

Intoxication (sometimes), infancy, insanity, automatism

Front 38

Under the ___ rule it must be clearly proved that at the time of committing the act the party accused was under such a defective reason from disease of mind as to not know the nature of quality of the act he was doing or if he did he did not know it was wrong

Back 38

M'Naughten

Front 39

Federal law permits courts to issue wiretap orders for indefinite periods of time

Back 39

False

Front 40

In 1761 James Otis called the ___ "the worst instrument of arbitrary power..."

Back 40

Writs of assistance

Front 41

Title 3 of the omnibus crime control and safe Streets act of 1968 limits___ without a court order unless one party to the conversation consents

Back 41

Interception of electronic communications

Front 42

Atwater v city of largo Vista the US supreme Court ruled the Fourth amendment forbids a warrantless arrest for a minor traffic offense such as a seatbelt violation

Back 42

False

Front 43

To conduct a stop-and-frisk police must have

Back 43

Reasonable suspicion

Front 44

To make an arrest police must have

Back 44

Probable cause

Front 45

At common law police had the right to make warrantless arrest if they observe someone in commission of a misdemeanor

Back 45

True

Front 46

police are permitted to temporarily detain persons for questioning when they have reasonable suspicion of criminal activity

Back 46

True

Front 47

The purpose of a frisk is to make a pat down search for

Back 47

Weapons

Front 48

a skip tracer seeks out absconding defendants to assist sureties who have posted bonds guaranteeing the defendant's appearance before the court

Back 48

True

Front 49

Courts held it to be a denial of due process if a prosecutor knowingly withholds ___ evidence from the accused

Back 49

Exculpatory

Front 50

An indictment is also known as a

Back 50

True bill

Front 51

___immunity bars the use of witnesses compelled testimony and any subsequent prosecution of that witness

Back 51

Use

Front 52

Before accepting a defendant's plea of guilty or nolo contendere the federal rules of criminal procedure require a federal judge to ascertain...

Back 52

The plea is made knowingly not a result of force or threats or promises.

There is a factual basis for the plea

Front 53

Defendant's constitutional right to compulsory process invoked by written demand for...

Back 53

A subpoena

Front 54

Grand juries frequently reject request for indictment by prosecuting attorneys

Back 54

False

Front 55

Witness whose credibility is undermined during cross-examination is said to have been...

Back 55

Impeached

Front 56

Attorney May waive attorney-client privilege

Back 56

False

Front 57

A court receiving without proof certain information well known to the public is...

Back 57

Judicial notice

Front 58

If defense counsel moves for directed verdict or acquittal the judge must...

Back 58

view prosecution's evidence in light most favorable to the government determine whether evidence is legally sufficient to support a verdict of guilty

Front 59

Real evidence is

Back 59

Only tangible evidence

Front 60

Attorney has broad discretion in excusing prospective jurors by...

Back 60

Peremptory challenge

Front 61

Exceptions of hearsay rule include...

Back 61

-Spontaneous or excited utterance

-dying declaration

-evidence of a person's reputation

Front 62

General objection

Back 62

Testimony or evidence is irrelevant and immaterial

Front 63

Six-person juries in criminal trials must always be unanimous by supreme court order

Back 63

True