Deck 45: Criminal Law and Procedure

Question 1

Criminal procedure consists of a body of law that, for the purposes of preventing harm to society, defines what conduct is criminal and prescribes the punishment to be imposed for such conduct.

Answer 1

False

Question 2

Criminal procedure sets limits on the government's authority in applying criminal law.

Answer 2

True

Question 3

Criminal statutes are designed to protect society, and the violation of a criminal law results in a penalty to the violator, such as a fine or imprisonment, based on the wrongdoer's level of culpability.

Answer 3

True

Question 4

Nearly three-quarters of the states have enacted criminal codes based on the Model Penal Code (MPC) adopted by the American Law Institute (ALI) in 1962.

Question 5

Misdemeanors are crimes that generally carry one year or more of incarceration as the penalty.

Question 6

Misdemeanors are crimes that carry up to one year of incarceration as the penalty.

Question 7

Criminal liability requires both a bad act (actus reus) and a guilty mind (mens rea).

Question 8

Corporations and their managers can be guilty of the crimes of their employees if the crime was committed for some corporate advantage or benefit of the company.

Question 9

The federal Racketeer Influenced and Corrupt Organizations Act (RICO) was enacted in 1970 to provide the government with a powerful tool to fight the rising tide of organized crime. One purpose of the RICO law was to prevent organized crime from infiltrating legitimate business operations.

Question 10

Prosecutors have been increasingly willing to prosecute black-collar criminals under federal laws prohibiting the obstruction of justice for any conduct related to attempting to cover up evidence of wrongdoing.

Question 11

A warrant may be issued based only on discretionary cause.

Question 12

The criminal justice system is best thought of as one process that operates in two phases: investigation and adjudication.

Question 13

Business records such as letters, memorandums, e-mail exchanges, inventory accounts, financial documents, and the like are often at the heart of cases where government authorities are investigating potential criminal activity in the business environment.

Question 14

Under the inclusionary rule, trial courts are required to exclude presentation of any evidence that is obtained as a result of a constitutional violation.

Question 15

Criminal law consists of a body of law that, for the purposes of preventing harm to __________, defines what conduct is criminal and prescribes the punishment to be imposed for such conduct.

A) society
B) expatriates
C) foreign nationals
D) None of the choices are correct

Question 16

Criminal procedure refers to the legal process and safeguards afforded to individuals (and in some cases business entities) during __________.

A) criminal investigations
B) arrests
C) trials
D) All of the choices are correct

Question 17

Criminal statutes are designed to protect society, and the violation of a criminal law results in a penalty to the violator, such as a fine or imprisonment, based on the wrongdoer's level of __________.

A) redactions
B) culpability
C) omission
D) maximums

Question 18

Nearly __________ of the states have enacted criminal codes based on the Model Penal Code (MPC) adopted by the American Law Institute (ALI) in 1962.

A) 1/2
B) 2/3
C) 3/4
D) None of the choices are correct

Question 19

Which of the following is not a common law felony?

A) treason
B) larceny
C) murder
D) sodomy

Question 20

Corporations and their managers can be guilty of the crimes of their employees if the crime was committed for some corporate __________ or benefit of the company.

A) penalty
B) advantage
C) status
D) None of the choices are correct

Question 21

Criminal liability requires both__________ and __________.

A) actus reus and prospectus
B) intent and mens rea
C) agreement and mens rea
D) actus reus and mens rea

Question 22

Criminal law is based on state and federal laws that started as common law crimes but were codified into statutes based on the __________.

A) Criminal Penal Code
B) Model Criminal Code
C) Model Penal Code
D) Model Penal Crimes

Question 23

The responsible corporate officer doctrine, commonly referred to as the __________, permits the government to prosecute employees for corporate misconduct when they are in a position of authority and fail to prevent or correct a violation of the Food, Drug, and Cosmetic Act.

A) Park doctrine.
B) Powers doctrine.
C) Pillhouse doctrine.
D) Stewart doctrine.

Question 24

The criminal justice system is best thought of as one process that operates in two phases: __________ and __________.

A) investigation and adjudication
B) investigation and sentencing
C) interrogation and adjudication
D) investigation and adjourment

Question 25

Violations of federal laws are investigated by various federal law enforcement agencies, including:

A) Federal Bureau of Investigation (FBI)
B) Securities and Exchange Commission (SEC)
C) Internal Revenue Service (IRS)
D) All of the choices are correct

Question 26

Gwendolyn points a gun at Jim and threatens to kill him if he doesn't steal his neighbor's car. If Jim complies and is caught, he may use the following defense:

A) entrapment
B) necessity
C) duress
D) self-defense

Question 27

Some jurisdictions use the __________, while others use a preliminary hearing in front of a local magistrate.

A) inclination system
B) holdover trial
C) sentencing trial
D) grand jury system

Question 28

Following the __________, the prosecutor and defense counsel typically will enter into a plea-bargaining negotiation.

A) trial
B) arrest
C) arraignment
D) None of the choices are correct

Question 29

If a jury is unable to come to a consensus decision, a(n) __________ will be declared.

A) retrial
B) hung jury
C) mistake
D) mistrial

Question 30

A capital crime is one:

A) punishable by death or imprisonment
B) against the federal government
C) committed in the nation's capital
D) punishable by imprisonment of more than one year

Question 31

Juries decide:

A) law
B) facts
C) law and facts in simple cases
D) All of the choices are correct

Question 32

As a minimum, procedural due process requires notice:

A) notice and an opportunity to be heard
B) a fair hearing
C) rules that are neither arbitrary nor capricious
D) procedural rules that are fundamentally fair

Question 33

States may not __________ the federal constitutional rights of individuals.

A) repeal
B) amend
C) quash
D) None of the choices are correct

Question 34

A fundamental part of the protections provided by the Fourth Amendment is that its protections are based on whether an individual's __________ expectation of privacy has been violated by government authorities.

A) safe-delivery
B) unreasonable
C) high
D) reasonable

Question 35

Courts have held that authorities generally do not commit a Fourth Amendment violation when a government agent obtains evidence by virtue of seeing an object that is in the agent's __________ and the agent has the right to be in the position to have that view.

A) two view
B) plain view
C) obstructed view
D) None of the choices are correct

Question 36

Aerial observations made by authorities are considered in __________ if the plane or helicopter is in public navigable airspace.

A) two view
B) plain view
C) obstructed view
D) None of the choices are correct