Question 1

Possession of child pornography is not a crime.

Accepted Answer

Possession of child pornography is a crime in most countries, including the United States. It is generally considered a serious offense and can result in severe legal consequences, including imprisonment and registration as a sex offender.

Question 2

Obscenity only deals with sex.

Accepted Answer

True

Question 3

People who engage in the crime of indecent exposure often do so because of some mental compulsion.

Accepted Answer

Indecent exposure is often linked with underlying mental health issues such as exhibitionism or other compulsive disorders. However, not all cases of indecent exposure are due to mental compulsion.

Question 4

Carl is stopped at a local airport when an item in his bag triggers the metal detector.A local DEA agent is present and asks Carl to come with him to a nearby office.The officer explains that all airports are under heightened security following terrorist attacks and the officer asks if he can look inside Carl's bag.Carl asks what will happen if he refuses and the officer says that they will bring in a drug/explosive dog to sniff the bag and "see what happens." Carl shrugs and says,"Search it then." The officer finds half a kilo of cocaine and arrests Carl.What is the most likely outcome of this case?

Accepted Answer

The most likely outcome of this case is that the evidence of the drugs will be admissible because Carl consented to the search. Carl voluntarily allowed the officer to search his bag after being informed that a drug/explosive dog could be used if he refused. This constitutes as a valid consent to search. The other options are unlikely as there was a valid reason for the initial stop and the officer had the authority to ask Carl to come to the office for questioning.

Question 5

John has been charged with murder and shortly before the trial begins,he approaches one of the state's witnesses at her home and tells her that she should remember that "bad" things could happen to people.Can he be charged with a crime?

Accepted Answer

John's statement can be considered as witness tampering, as he is attempting to intimidate and influence the witness to alter their testimony. This is a criminal offense and can result in additional charges against John.

Question 6

It is not a crime to possess obscene materials.

Accepted Answer

It is not a federal crime to possess or view obscene materials, although it may be illegal in some states or local jurisdictions. However, it is a federal crime to distribute or transport obscene materials.

Question 7

John,who lives in New York,calls his friend Bob,who lives in Japan.During the telephone conversation,Bob becomes upset and says,"I'm going to punch you in the nose the next time that I see you." Once they hang up,John goes to a local magistrate,asking for a warrant based on the threat.The judge should issue this warrant.

Accepted Answer

The threat made by Bob, while concerning, was made over the phone and does not necessarily indicate an immediate danger or need for a warrant. It would be more appropriate for John to report the threat to the police, who can investigate and determine the appropriate course of action.

Question 8

There is no difference between pornography and obscenity.

Accepted Answer

While both pornography and obscenity are related to sexually explicit content, there is a legal distinction between the two. Pornography is generally considered to be sexually explicit material that does not violate community standards or laws related to obscenity. Obscenity, on the other hand, is sexually explicit material that is considered to be offensive, indecent, or contrary to accepted standards of morality. It is illegal to produce or distribute obscene materials.

Question 9

A prostitute's "client" can also be charged with a crime.

Accepted Answer

In many places, solicitation of prostitution is a crime, so the client could potentially face charges as well.

Question 10

The First Amendment does not protect lewd or harassing phone calls.

Accepted Answer

The First Amendment protects freedom of speech, but there are certain types of speech that are not protected, such as obscenity, defamation, and harassment. Making lewd or harassing phone calls is considered a form of harassment and is therefore not protected under the First Amendment.

Question 11

Since animals are considered to be property,it is not a crime to mistreat them.

Accepted Answer

The answer of Since animals are considered to be property,it...

Question 12

John is called to the stand and is sworn in.The case involves a charge of running a red light and John is the state's main witness against the defendant.When the prosecutor asks John what color the light was when the defendant went through it,John says,"I'm not sure." The prosecutor refers to John's statement at the time,where John told police that the light was red.John says that he doesn't remember giving a statement to the police.Can John be prosecuted?

Accepted Answer

John's testimony does not amount to perjury because he did not give false testimony under oath. He simply stated that he was not sure about the color of the light, which is not a deliberate falsehood. Furthermore, there is no evidence to suggest that John's lack of memory about the police statement was deliberate, so he cannot be prosecuted for witness tampering or obstruction of justice.

Question 13

The "test" formulated by the U.S.Supreme Court to help determine when a particular display is obscene or not and named after the case in which it was first announced is called the

Accepted Answer

The "test" formulated by the U.S. Supreme Court to help determine when a particular display is obscene or not and named after the case in which it was first announced is called the Miller test, after the case Miller v. California. The test asks whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest, whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law, and whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Question 14

One night,Carl is pulled over for suspected drunk driving.After he fails his roadside sobriety tests,Carl asks the officer if they have a local September 11 fund.When the officer replies that they do,Carl says,"I'd be happy to make a sizable donation to it." The officer arrests Carl for attempted bribery.Can the government succeed on these facts?

Accepted Answer

The answer of One night,Carl is pulled over for suspected...

Question 15

John is out driving one night and is pulled over when he fails to stay within his own lane of traffic.The officer asks John if he has had anything to drink and John says,"No." The officer has John perform some roadside sobriety tests,and John fails them all.The officer tells John that he wants him to take a breath test and John refuses.Can John be charged with driving under the influence?

Accepted Answer

John can be charged with driving under the influence because he failed roadside sobriety tests and the officer has reason to believe he is intoxicated. Refusing a breath test can also be used against him in court as evidence of guilt. The fact that there was no breath test to confirm alcohol in his system does not necessarily matter.

Question 16

The constitutional amendment that often restricts the enforcement of obscenity laws is the

Accepted Answer

The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This amendment is often used to protect freedom of speech, including the right to express opinions that some may consider obscene. Therefore, the First Amendment often restricts the enforcement of obscenity laws.

Question 17

Darrell is a narcotics detective and while reading an electronics catalog comes across an ad for a device that promises that it can descramble any mobile phone signal.Darrell orders the device and on his off-duty hours uses it to listen in on a suspected drug dealer's telephone conversations.Later,he seeks a warrant based on these conversations.Are Darrell's actions constitutional?

Accepted Answer

Darrell did not have a warrant to use the device, therefore his actions violate the Fourth Amendment's protection against unreasonable searches and seizures. Additionally, the fact that he used his own funds and did it on his off-duty hours does not make his actions constitutional.

Question 18

When a person deliberately falsifies the amount of tax due by underreporting his or her income,it is called a

Accepted Answer

Tax fraud refers to the intentional misrepresentation or concealment of tax-related information to avoid paying taxes or to obtain more significant refunds. This includes underreporting income, claiming false deductions, and hiding assets, among other things. Tax evasion, on the other hand, is a specific type of tax fraud that involves not reporting actual income earned to the IRS. Tax lien and tax assessment are not applicable in this instance as they refer to legal claims placed on property or the process of determining the amount of tax owed, respectively.

Question 19

Carl is pulled over for driving with a broken headlight.The officer asks Carl for his driver's license and registration and when Carl opens his glove compartment,the officer sees a handgun lying there.Carl is placed under arrest for carrying a concealed weapon.Before trial,Carl's attorney files a motion to dismiss the charge.What will result?

Accepted Answer

Carl's attorney can argue that in most states there is an exception to the handgun permit laws that allows you to carry a handgun in the glove compartment of a vehicle. If this exception exists in the state where Carl was arrested, then the charge of carrying a concealed weapon would be dismissed. However, it is important to note that laws regarding handguns and concealed carry vary from state to state, so Carl's attorney would need to research and make sure that this exception exists in the relevant state.

Quiz 11: Crimes Against Public Order, morality, and Health