Q&A Hero

Q: The ____________ or the "product test" states that an accused is not responsible if his or her unlawful act was a product of mental disease or defect.

Q: The Sixth Amendment specifies what the time limits are for a speedy trial. a. True b. False

Q: Under the _______________, evidence seized in violation of the Fourth Amendment cannot be used in a court of law.

Q: The plea of not guilty is fairly uncommon at an arraignment. a. True b. False

Q: The ____________________ Amendment is the vehicle used by the courts to apply the protection of the Bill of Rights to the states.

Q: Prosecutors may turn to plea bargaining to obtain a conviction in a questionable case. a. True b. False

Q: The ____________________ Amendment prohibits double jeopardy.

Q: A majority of criminal convictions in state courts are the result of plea bargaining. a. True b. False

Q: Prosecutors have unrestrained discretionary powers. a. True b. False

Q: The right to be informed of the nature of the charges against you and the right to confront any prosecution witnesses is guaranteed by the ____________________ Amendment.

Q: The ____________________ Amendment prohibits excessive bail.

Q: About half of all the adult felony cases brought to prosecutors by the police are dismissed through a nolle prosequi. a. True b. False

Q: The ____________________ Amendment has been used in the past to argue that the death penalty is cruel and unusual punishment.

Q: The initial appearance resembles a mini trial. a. True b. False

Q: An indictment is the formal charge against the accused issued by the prosecutor after a preliminary hearing. a. True b. False

Q: The ____________________ Amendment was the basis for the Miranda decision.

Q: The defense of ____________________ would be appropriate in a case where a person was rushing to the hospital with an emergency and broke numerous traffic laws along the way.

Q: Bail is provided for under the Sixth Amendment. a. True b. False

Q: In response to the concerns of environmentalists, the federal government has passed _______________________ acts to protect the nation's well being.

Q: During the preliminary hearing, the judge decides if there is probable cause to hold the defendant over for trial. a. True b. False

Q: All defendants have a guaranteed right to bail. a. True b. False

Q: The Durham Rule is associated with the ____________________ defense.

Q: Homicide, robbery, and rape are examples of which type of crime.

Q: Each jurisdiction has its own bail tariffs. a. True b. False

Q: _____ law became the standardized law of the land in England and eventually formed the basis of criminal law in the United States.

Q: Case 8-2 Ruth was arrested for burglary. If Ruth is found guilty, she can be sentenced to 5 years in a state prison. The prosecutors are offering her a 3-year prison sentence if she pleads guilty to the charges. Ruth is being represented by a public defender who informs Ruth she must decide if she will take the plea bargain or decide to go to trial for the charge of burglary. During jury selection, Ruth's attorney questions the potential jurors and realizes that Ruth's exboyfriend is one of the potential jurors. Ruth's attorneys believe that this is a sound, legally justifiable reason for why he is unfit to serve on the jury. What type of challenge would this be to exclude Ruth's exboyfriend from the jury? a. challenge for cause b. challenge for relationship c. peremptory challenge d. personal challenge

Q: Case 8-2 Ruth was arrested for burglary. If Ruth is found guilty, she can be sentenced to 5 years in a state prison. The prosecutors are offering her a 3-year prison sentence if she pleads guilty to the charges. Ruth is being represented by a public defender who informs Ruth she must decide if she will take the plea bargain or decide to go to trial for the charge of burglary. Ruth's attorney believes that it is very important to get a jury that is free from any biases that would affect their willingness to listen to the facts of the case impartially. During which proceeding would Ruth's attorney be able to question prospective jurors? a. arraignment b. grand jury c. initial appearance d. voirdire

Q: A law that inflicts a greater punishment than was available when the crime was committed is termed a(n) ____________________ law.

Q: After the Norman conquest of England in 1066, royal judges would decide what to do in each case using local custom and rules of conduct as a guide in a system known as ____________________.

Q: Case 8-2 Ruth was arrested for burglary. If Ruth is found guilty, she can be sentenced to 5 years in a state prison. The prosecutors are offering her a 3-year prison sentence if she pleads guilty to the charges. Ruth is being represented by a public defender who informs Ruth she must decide if she will take the plea bargain or decide to go to trial for the charge of burglary. Ruth's attorney advises Ruth that it is best if a jury hears the case. Ruth's attorney also advises that she does not testify at her trial because he is fearful that Ruth may implicate herself in the crime. Which amendment specifies that Ruth does not have to be a witness against herself at trial? a. Fourth Amendment b. Fifth Amendment c. Sixth Amendment d. Seventh Amendment

Q: Case 8-2 Ruth was arrested for burglary. If Ruth is found guilty, she can be sentenced to 5 years in a state prison. The prosecutors are offering her a 3-year prison sentence if she pleads guilty to the charges. Ruth is being represented by a public defender who informs Ruth she must decide if she will take the plea bargain or decide to go to trial for the charge of burglary. Ruth decides to take her chances and plead not guilty. She wants to go to trial. Ruth believes that it will be better for a judge to decide questions of legality and fact. This type of trial is known as a: a. bench trial. b. court trial. c. judge trial. d. jury trial.

Q: _____________ laws require the registration of individuals convicted of sex-related crimes.

Q: Helping people take their own lives is referred to as ________.

Q: The primary concern of ___________ is the control and regulation of human interaction.

Q: Case 8-2 Ruth was arrested for burglary. If Ruth is found guilty, she can be sentenced to 5 years in a state prison. The prosecutors are offering her a 3-year prison sentence if she pleads guilty to the charges. Ruth is being represented by a public defender who informs Ruth she must decide if she will take the plea bargain or decide to go to trial for the charge of burglary. The public defender advises Ruth that she can also take a plea where she will neither admit nor deny guilty. This is referred to as a plea of: a. certiorari. b. habeascorpus. c. nolocontendere. d. reasonable suspicion.

Q: A judicial order that commands a correctional official to bring a prisoner before a federal court so that the court can hear the person's claim that he or she is being held illegally is: a. corpusdelicti. b. habeascorpus. c. habeasdelicti. d. nolleprosequi.

Q: Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he calls the police claiming Sue stole his marijuana.While in prison, Bob became addicted to methamphetamine. Upon his release, Bob is visited by a police officer who is warning neighborhood residents of a spike in crime. When Bob opens the door, the officer pushes by Bob and into his house where he finds Bob's meth lab. Which of Bob's rights has been violated?a. Fourth Amendmentb. Fifth Amendmentc. Sixth Amendmentd. Eighth Amendment

Q: Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he calls the police claiming Sue stole his marijuana.At Bob's trial, one of the ladies that used to date Bob's roommate is on the jury. Truth be told, she didn"t like Bob very muchbecause he used to search through her personal belonging when she wasn"t around but she knew he was doing it. Which of Bob's rights have been violated?a. Right against incriminationb. Right to an impartial juryc. Right to a speedy triald. Right against unreasonable searches

Q: Which of the following is NOT one of the decisions that can be made in a higher court in its disposition through the appeals process? a. guilty b. modify c. remand d. reverse

Q: Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he calls the police claiming Sue stole his marijuana.After Sue's release from jail, Bob gets high on the street and follows her back to her house where a physical fight ensues. Sue dies from her injuries. Bob claims he had no such intent and is surprised and disgusted by his actions. Bob believes the marijuana he bought on the street was laced with phencyclidine (PCP). What would be his best defense in court?a. Duressb. Intoxicationc. Insanityd. Self-defense

Q: To whom is the appeals process available? a. defense b. judge c. jury d. prosecutor

Q: A(n) is the process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgment or decision. a. appeal b. deliberation c. disposition d. retrial

Q: Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he calls the police claiming Sue stole his marijuana.Sue has been released without charges. What is the most likely reason for this?a. Sue had a prescription and did not have mens rea.b. Sue had actus reus but did not have a prescription.c. Sue had a contractual relationship to the police.d. Sue had a medical marijuana prescription.

Q: The prohibition against double jeopardy is provided for in the: a. Fourth Amendment b. Fifth Amendment c. Sixth Amendment d. Eighth Amendment

Q: Many states and the District of Columbia have legalized medical marijuana and other states have legalized its recreational use. In some states, police are directed to patrol the areas near medical marijuana dispensaries more frequently because it is still illegal to use it recreationally and usually still illegal to sell marijuana. The new governor of California is facing a budget crisis and must reduce spending in law enforcement.Randi has been arrested for selling marijuana in Washington state. He was high on drugs at the time of arrest and doesn"t quite understand why he is in trouble. The police are demanding to know Randi's supplier and won"t let Randi eat or drink until he confesses. What rights protect Randi from this interrogation?a. Fourth Amendmentb. Fifth Amendmentc. Sixth Amendmentd. Eighth Amendment

Q: Many states and the District of Columbia have legalized medical marijuana and other states have legalized its recreational use. In some states, police are directed to patrol the areas near medical marijuana dispensaries more frequently because it is still illegal to use it recreationally and usually still illegal to sell marijuana. The new governor of California is facing a budget crisis and must reduce spending in law enforcement.The governor has targeted medical marijuana users because the police spend more time patrolling in areas where dispensaries are located. In what way will he be most successful in his quest to reduce spending?a. Start to punish medical marijuana usersb. Make violations of medical marijuana laws a felony offensec. Make other violations of law usually punishable by fine, now arrestable offensesd. Direct police to warn and release whenever possible

Q: Which of the following is true regarding the concept of double jeopardy? a. If a jury finds the accused not guilty, the prosecution has the right to appeal the verdict. b. It guarantees that once exonerated, a defendant cannot be tried a second time for the same offense in that particular jurisdiction. c. A defendant can be retried a maximum of three times for the same criminal offense before the prosecution must rest. d. The protection against double jeopardy can be found in the Sixth Amendment of the U.S. Constitution.

Q: The rules of evidence state that expert witnesses may base their testimony on three types of information. Which of the following is NOT one of those types of information? a. facts of data of which they have personal knowledge b. opinions about the defendant based on their expert knowledge c. material presented at the trial d. secondhand information given to the expert outside the courtroom

Q: Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later he does actually kill the girl that he spoke of during his sessions with the psychiatrist.In applying the rule of lex talionis, how would the parents obtain closure for their daughter's murder?a. The parents would be paid for their loss.b. The parents would be able to take over the psychiatry business.c. The parents would be able to kill Stanley for taking their daughter's life.d. The parents would not be able to gain closure through this rule.

Q: Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later he does actually kill the girl that he spoke of during his sessions with the psychiatrist.The lawsuit filed by the deceased girl's parents is called:a. stare decisis.b. a tort.c. lex talionis.d. malum prohibitum.

Q: What is the formal decision rendered by the jury? a. indictment b. information c. verdict d. opinion

Q: A(n) jury is one in which the jury members are so irreconcilably divided in their opinions that they cannot reach a verdict. a. decided b. hung c. sequestered d. unanimous

Q: Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later he does actually kill the girl that he spoke of during his sessions with the psychiatrist.In addition to being tried for the girls' murder, the parents of the deceased sue the psychiatrist for not warning the police of the potential threat. What categories of law is this case found in?a. Substantive criminal law and procedural lawb. Procedural law and civil lawc. Substantive criminal law and civil lawd. Procedural law and public law

Q: The are made by each side's attorney after the cases for the plaintiff and defendant have been presented. a. charges b. closing arguments c. opening statements d. rebuttals

Q: Which constitutional amendment outlaws illegal searches and seizures by police?a. Firstb. Fourthc. Fifthd. Eighth

Q: An employee is forced to divert funds into a special account and failure to cooperate will result in the execution of his or her family. Which defense would be most applicable to this situation? a. Duress b. Entrapment c. Necessity d. Consent

Q: After the defense closes its case, the prosecution is permitted to bring new evidence forward that was not used during its initial presentation to the jury. This is called the stage of the trial. a. cross-examination b. closing argument c. rebuttal d. surrebuttal

Q: What element must be present in order for the excuse of necessity to be valid?a. The victim consented.b. No means of escape were available.c. The harm to be avoided was greater than the offense charged.d. The offense was based on a presumptive conclusion of mens rea.

Q: Which type of defense used in a defendant's case includes the submission of evidence showing that the accused was not at or near the scene of the crime at the time the crime was committed? a. affirmative defense b. alibi defense c. hearsay defense d. prejudicial defense

Q: The Bill of Rights is applied to the states by the: a. Fifth Amendment. b. Sixth Amendment. c. Eighth Amendment. d. Fourteenth Amendment.

Q: Which of the following is NOT one of the possible affirmative defenses used in a defendant's case? a. duress b. entrapment c. hearsay d. insanity

Q: The _______ Amendment limits the admissibility of confessions that have been obtained unfairly. a. First b. Fifth c. Sixth d. Eighth

Q: Which amendment contains the "confrontation clause," or the right to crossexamine witnesses? a. Fourth b. Fifth c. Sixth d. Eighth

Q: Excessive bail is prohibited by the: a. Fourth Amendment. b. Fifth Amendment. c. Sixth Amendment. d. Eighth Amendment.

Q: The examination of a witness by the attorney who calls the witness to the stand to testify is called: a. cross-examination. b. direct examination. c. rebuttal examination. d. surrebuttal examination.

Q: The ______ Amendment guarantees the defendant the right to a speedy and public trial by an impartial jury. a. Second b. Fourth c. Sixth d. Eighth

Q: Evidence witnessed by the person giving the testimony is: a. real evidence. b. circumstantial evidence. c. hearsay. d. direct evidence.

Q: What type of evidence tends to prove or disprove a fact in question? a. circumstantial b. prejudicial c. real d. relevant

Q: The exclusionary rule is used as part of which protection afforded to the accused by the US Constitution? a. First Amendment b. Second Amendment c. Fourth Amendment d. Eighth Amendment

Q: Which of the following is true regarding the stand-your-ground justification defense?a. Most self-defense statutes require a duty to retreat before reacting to a threat with physical violence.b. The castle exception does not require an obligation to retreat within an individual's residence before fighting back.c. Stand-your-ground laws allow average citizens to use deadly force when they reasonably believe that their homes or vehicles have been illegally invaded.d. All of the above are true regarding the "stand-your-ground" justification defense.

Q: A(n) witness is one who can truthfully and accurately testify on a fact in question without having specialized training or knowledge. a. expert b. lay c. specialized d. technical

Q: In , the Supreme Court held that jurors may not be excluded based on their race. a. J.E.B.v.Alabama b. Adamsonv.California c. Batsonv.Kentucky d. Swainv.Alabama

Q: Which legal standard of mental illness is used by present federal law? a. "Didn"t know what he was doing or didn"t know it was wrong." b. "Could not control his conduct." c. "Lacks substantial capacity to appreciate the wrongfulness of his conduct or to control it." d. "Lacks capacity to appreciate the wrongfulness of his conduct."

Q: Crime is generally grouped into three basic categories, they are: a. felonies, misdemeanors, and violations. b. malum prohibitum crimes, felonies, and violations. c. violations, ordinances, and felonies. d. misdemeanors, violations, and ordinances.

Q: Which type of challenge is one used to exclude potential jurors from serving on the jury without any supporting reason or cause being provided by the attorney? a. challenge for cause b. peremptory challenge c. venirechallenge d. voirdirechallenge

Q: Which of the following is not considered entrapment? a. Police implant a criminal idea. b. Police instigate a crime. c. Officers pose as drug dealers in known drug areas. d. Police coerce an individual to commit an offense.

Q: What type of challenge is one in which the attorney states the reason why a prospective juror should not be included on the jury? a. challenge for cause b. peremptory challenge c. venirechallenge d. voirdirechallenge

Q: Which of the following is false regarding stand-your-ground laws? a. All states have stand-your-ground laws. b. Florida's stand-your-ground law permits the use of deadly force when a person reasonably believes it necessary to prevent the commission of a forcible felony. c. The stand-your-ground laws in some states extend to public places. d. The stand-your-ground law in Florida permits deadly force to prevent the commission of a carjacking.

Q: The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or witness is referred to as: a. juror questionnaire. b. master jury list. c. venire. d. voirdire.

Q: Which of the following is false regarding a defense of self-defense? a. The defendant must have acted under a reasonable belief that he or she was in danger of any type of harm. b. The defendant must have acted under a reasonable belief that he or she was in danger of death or great harm. c. The defendant must have believed that he or she had no means of escape from the assailant. d. The person defending himself or herself may only use such force as is reasonably necessary to prevent personal harm.