Question 1

The attitude of the U.S. Department of Justice with regard to introducing polygraph results as evidence is that the:

Accepted Answer

The U.S. Department of Justice opposes introducing polygraph results as evidence. They believe that the polygraph is not a completely reliable tool and can be manipulated or produce false results. Therefore, the department does not support using polygraph results as evidence in court.

Question 2

The investigative jurisdiction for the federal crime of counterfeiting is in the hands of the:

Accepted Answer

The Secret Service has investigative jurisdiction over the federal crime of counterfeiting. This authority was originally granted in 1865 to combat widespread counterfeiting of U.S. currency that was undermining the nation's economy.

Question 3

The procedure by which a defendant in a criminal case petitions the court to allow an inspection of certain items in the possession of the prosecution is known as:

Accepted Answer

The procedure described is commonly referred to as "discovery," in which the defendant in a criminal case seeks to gain access to evidence that is in the possession of the prosecution. This may include physical items, documents, witness statements, and other materials that could be relevant to the defense. Discovery is an important part of the legal process that allows both defendants and prosecutors to prepare their cases and ensure a fair trial.

Question 4

Cases of criminal homicide in which the actor lacked an intent to kill or cause bodily injury is:

Accepted Answer

Involuntary manslaughter refers to cases where the perpetrator did not intend to cause death or serious bodily harm, but their reckless or negligent actions resulted in the death of another person. This is different from voluntary manslaughter, which involves an intentional killing in the heat of passion or sudden provocation, and murder which involves an intentional and premeditated killing. Justifiable homicide refers to killings that are legally justified, such as in self-defense or by law enforcement in the line of duty.

Question 5

Cases in which the defendant intended to kill or inflict serious bodily injury but did not have malice because of the existence of provocation is:

Accepted Answer

Voluntary manslaughter is the killing of a person in response to adequate provocation, where the defendant intended to kill or inflict serious bodily injury but did not have malice because of the existence of provocation. This differs from first and second-degree murder, which also involve intent to kill or inflict serious bodily harm, but do not involve provocation as a factor mitigating malice. Involuntary manslaughter involves unintentionally causing death through reckless or negligent behavior. Third-degree murder (in jurisdictions where it exists as a distinct category) typically involves a lower level of intent or recklessness than both voluntary manslaughter and second-degree murder.

Question 6

In making an arrest, the authority of a private citizen is:

Accepted Answer

The answer of In making an arrest, the authority of...

Question 7

Theft involves the crime of:

Accepted Answer

Theft is a broad term that encompasses various forms of unlawfully taking someone else's property, including robbery, embezzlement, larceny, and obtaining property by false pretenses.

Question 8

A legal search may be made:

Accepted Answer

A legal search may be made without a warrant if there are exigent circumstances, such as an immediate threat to public safety or if the evidence is in plain view. A search incident to lawful arrest allows law enforcement to search the person who is being arrested and the area within their immediate control for weapons, evidence, or means of escape. Consent searches are permissible if the person voluntarily gives consent without coercion or duress. Inventory searches are conducted when property is taken into custody and are necessary to protect the property and to ensure that the police are not held liable for any missing items. All of these types of searches are legally permissible under certain circumstances.

Question 9

Which of the following is not recommended as a witness in a court of law?

Accepted Answer

Folding your arms across your chest can indicate defensiveness or resistance, which can be perceived negatively by the judge and jury. The other options are generally recommended for a witness in a court of law.

Question 10

To combat the crime of loan sharking, the U.S. Congress passed:

Accepted Answer

The Extortionate Credit Transactions Act was specifically passed to combat the crime of loan sharking by making it a federal offense to use extortionate means to collect payments on loans. The other acts mentioned were not specifically focused on loan sharking.

Question 11

The legal standard that must be met to sustain an arrest is known as:

Accepted Answer

The legal standard that must be met to sustain an arrest is probable cause, meaning there must be evidence or information that would lead a reasonable person to believe that a crime has been, is being, or is about to be committed. Proof beyond a reasonable doubt is the standard for a conviction in court, suspicion is not enough to make an arrest, and preponderance of evidence is a lower standard used in civil cases.

Question 12

Which of the following procedures has been held to violate the self-incrimination provisions of the Fifth Amendment?

Accepted Answer

The Fifth Amendment's self-incrimination clause protects against being compelled to testify against oneself, not against being required to provide physical evidence like fingerprints or photographs.

Question 13

A challenge of a prospective juror for no specific reason is known as:

Accepted Answer

A peremptory challenge allows an attorney to remove a prospective juror from the jury pool without providing a specific reason. This is different from a challenge for cause, which must be supported by a specific reason such as bias or impartiality.

Question 14

For a search warrant to be valid, it must conform to the following requirement(s):

Accepted Answer

A search warrant must be issued only for certain objects, on probable cause, and the place to be searched and things to be seized must be particularly described in order to be valid.

Question 15

Which of the following is an exception to the general rule that a search and seizure requires a warrant?

Accepted Answer

All the options listed (waiver, movable vehicle, and seizure without a search) are exceptions to the general rule that a search and seizure require a warrant.

Question 16

As a practical matter, the OSHA Act covers

Accepted Answer

The Occupational Safety and Health Act (OSHA) covers nongovernmental employers whose activities affect commerce. This includes most private sector employers and some public sector employers. It does not only cover federal workers or those in specific industries like mining.

Question 17

OSHA is administered by the:

Accepted Answer

OSHA (Occupational Safety and Health Administration) is administered by the Department of Labor.

Question 18

The amendment that provides that no person shall be denied life, liberty, or property without due process of law is the:

Accepted Answer

The Fifth Amendment to the U.S. Constitution provides that no person shall be deprived of life, liberty, or property without due process of law. This amendment is often invoked in criminal cases, as it provides certain procedural protections for individuals accused of crimes. It also has implications in civil cases and other areas of the law. The other amendments listed do not provide this specific protection.

Question 19

Which of the following is not considered to be personal property?

Accepted Answer

A house, or any immovable property, is not considered to be personal property.

Question 20

Two famous Supreme Court rulings resulted in a rule of law that states that a person upon arrest shall be taken before a judicial officer for arraignment without unnecessary delay. The rule is called the:

Accepted Answer

The McNabb-Mallory rule was established by two Supreme Court cases, McNabb v. United States and Mallory v. United States, which held that a person who is arrested must be taken before a magistrate without unnecessary delay. This rule ensures that individuals who are arrested are not held in custody for an unreasonable amount of time without a court hearing. The other answer options (B) Miranda rule, (C) Terry v. Ohio rule, (D) Escobedo rule, and (E) Katz rule refer to different legal principles established by other Supreme Court cases.

Exam 1: ASIS Certified Protection Professional