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Criminal Law
Q:
Money the defendant pays to the victim to compensate them for the harm the crime caused is:
A) restitution.
B) fines.
C) taxes.
D) cost of doing business.
E) none of the above
Q:
Reporter's privilege is a defense to contempt
Q:
What is the purpose of rape shield laws?
Q:
A jail sentence that is lengthened after the judge or jury considers aggravating and mitigating factors is called:
A) consecutive sentences.
B) concurrent sentences.
C) an enhanced sentence.
D) a mandatory minimum sentence.
E) a sentence fragment.
Q:
Double jeopardy is a defense to contempt.
Q:
In cases where defendants were convicted without DNA evidence, should the courts always honor requests for DNA analysis from appealing convicts?
Q:
A sentence of five to ten years with the defendant not being eligible for parole during the first five years is an example of:
A) indeterminate sentencing.
B) indefinite sentencing.
C) definite sentencing.
D) consecutive sentencing.
E) concurrent sentencing.
Q:
Attorney-client privilege is a defense to contempt.
Q:
To avoid having the statute of limitations expire on some sexual assault cases, some states allow prosecutors to file charges against a __________.
Q:
Chemical castration is:
A) an attempt to prevent sex offenders from reoffending.
B) an approach used to limit the spread of AIDS in prison.
C) a condition of parole in some states for sex offenders.
D) a form of sterilization.
E) A and C
Q:
Absence of warning by the court is a defense to contempt.
Q:
A defendant accused of statutory rape can assert the __________ defense if he believed the victim to be older than she was.
Q:
Defendants who plead guilty:
A) lose appeal as a right.
B) lose the right to discretionary appeals.
C) lose all rights to appeals.
D) get the maximum sentence.
E) automatically get the minimum sentence.
Q:
Recantation is a defense to obstruction of justice
Q:
Sexual relations between close relatives constitutes the crime of _________.
Q:
A sentence with a minimum of five years and a maximum of ten years is an example of:
A) indeterminate sentencing.
B) indefinite sentencing.
C) definite sentencing.
D) consecutive sentencing.
E) concurrent sentencing.
Q:
Impeachment is an indictment of a federal official charging him/her with "treason, bribery, and high crimes and misdemeanors" with the purpose of removing the person from office.
Q:
Sexual touching of another person without permission is known as forcible _________.
Q:
A person convicted of a crime in the U.S. system could possibly be sentenced to any of the following except:
A) probation.
B) a suspended sentence.
C) exile.
D) prison.
E) death.
Q:
Bribery is the crime of giving something of value to a public official with the intention of influencing their actions and requires the official to accept the payment and allow the influence on their actions.
Q:
A person under the ___________ of consent is said to lack the capacity to consent to sexual acts.
Q:
The Eighth Amendment prohibition of cruel and unusual punishment is based on what document?
A) the Magna Carta
B) the Louisiana Purchase
C) the Mayflower Compact
D) the Treaty of Versailles
E) the Munich Agreement
Q:
Bribery is the crime of giving something of value to a public official with the intention of influencing their actions.
Q:
Rape shield laws are rules of evidence that exclude a rape victim's ___________.
Q:
What was determined by Kelly v. South Carolina?
A) The Supreme Court ruled that the methods used for applying the death penalty were arbitrary and capricious, thus qualifying for the label "cruel and unusual."
B) Attempting to execute a person twice, due to equipment failure, is not cruel and unusual punishment.
C) The Supreme Court ruled that capital punishment can not be handed down for rape, because such a punishment would be excessive.
D) In cases in which the jury must decide between the sentences of death or life in prison, the jury must be instructed that life in prison means that the defendant will have absolutely no chance of parole.
E) Prison officials can force an otherwise mentally incompetent individual to receive medication to restore his/her competence, even if the prison objects.
Q:
Contempt is conduct that brings the authority and administration of the law into disrespect or that embarrasses or obstructs the court's discharge of its duties.
Q:
A defendant who argues the victim agreed to have sex is using the ________ defense.
Q:
The theory that courts should "make the punishment fit the crime" is called:
A) indeterminate sentencing.
B) indefinite sentencing.
C) mandatory minimum sentencing.
D) proportionality.
E) enhanced sentencing.
Q:
Obstruction of justice requires the actual destruction of evidence that could be used in a criminal case, knowing that its destruction will prevent the conviction of a guilty party.
Q:
A woman who claims her husband sexually assaulted her can file charges of ________ rape.
Q:
What is a popular term for legislation intended to punish a repeat offender more harshly?
A) three strikes and you're out
B) down for the count
C) two hits and a knockout
D) four bases make a homerun
E) three yards to the touchdown
Q:
Obstruction of justice is the crime of impeding or hindering the administration of justice in any way.
Q:
The _________ Law defines rape as forced sexual intercourse with a woman, not one's wife.
Q:
Which of the following sets of crimes may be punishable by death?
A) treason, murder and espionage
B) rape, murder and kidnapping
C) murder, treason and rape
D) any three felony convictions under "three strikes and you"re out" legislation
E) felony murder, robbery and conspiracy
Q:
Subornation of perjury is convincing or seeking to convince another person to commit perjury.
Q:
Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person without the _________ of the victim constitutes rape under the new UCR definition.
Q:
Which of the following is an unacceptable method of execution?
A) electrocution
B) drawing and quartering
C) lethal gas
D) firing squad
E) lethal injection
Q:
A form of perjury is lying about your whereabouts to a family member.
Q:
Teenagers who are the same age and over the age of consent cannot be convicted of forcible sodomy for their joint consensual sexual acts.
Q:
Which of the following is NOT an example of cruel and unusual punishment by today's standards?
A) forcing multiple inmates to share a small prison cell by giving them bunked beds to sleep in
B) execution of a criminal who has been assessed as being mentally retarded
C) forcing a defendant to take medication that was never prescribed by a doctor for any documented illness so that the defendant will be more lucid during trial
D) executing a prisoner by lethal injection after a jury of her peers determined she was guilty of capital murder in one trial that included the trial and sentencing phases at the same time
E) feeding only bread and water in prison inmates
Q:
One form of perjury is the giving of false testimony in any government proceeding.
Q:
A victim's consent to engage in oral sex is sufficient for a defendant to assume vaginal sex is consensual as well.
Q:
The Supreme Court has ruled which of the following types of executions to be "cruel and unusual"?
A) executing those who are not competent at the time of the execution
B) executing those who are mentally retarded
C) executing those who were minors when they committed the crime
D) executions by lethal injection
E) A, B, and C
Q:
Perjury is generally defined as giving false testimony in a judicial proceeding or an administrative proceeding, lying under oath as to a material fact, or swearing to the truth of anything one knows or believes to be false.
Q:
Rape Shield laws prevent prosecutors from revealing the defendant's sexual past.
Q:
When a jury is considering whether to sentence a defendant to execution, they must consider circumstances that may make the crime less severe. What are such circumstances called?
A) reducing circumstances
B) mitigating circumstances
C) aggravating circumstances
D) lessening circumstances
E) explanatory circumstances
Q:
Which of the following constitute obstruction of justice?
A) Hiding, changing, or destroying documents related to a judicial proceeding.
B) Encouraging or giving false testimony.
C) Intimidation, threats, or harm to witnesses
D) Intimidation, threats or harm to judges, jurors, or others involved in a legal proceeding.
E) all of the above
Q:
The UCR's new definition of rape includes sexual assault with an object.
Q:
The case Gregg v. Georgia established that capital trials must be divided into two phases. What is that type of trial called?
A) separated trial
B) multi-phased trial
C) biannual trial
D) bifurcated trial
E) bilateral trial
Q:
Which of the following is/are elements of perjury?
A) An oath
B) Intent
C) Falsity
D) Materiality
E) all of the above
Q:
One of the elements prosecutors must prove in rape cases is that a sex act took place.
Q:
What are the advantages or disadvantages of sequestration for the prosecution? For the defense?
Q:
The perjury trap occurs when:
A) telling the truth would force the witness to incriminate himself.
B) telling the truth would contradict previous statements to law enforcement officials.
C) a witness is threatened with death if he testifies truthfully.
D) a witness is threatened with harm to his family if he testifies truthfully.
E) all of the above
Q:
A man raped at gunpoint would be a rape victim under the Common Law definition of rape.
Q:
What are some reasons a potential juror can be excused for cause?
Q:
How many witnesses does the law require to testify to a person's perjury to obtain a conviction?
A) No specific number. The law allows proof of perjury through circumstantial evidence.
B) One.
C) Two.
D) Three.
E) none of the above
Q:
Defendants have the right to cross-examine the technician who performed the DNA analysis at trial.
Q:
What information would you like to get from a potential juror during voir dire?
Q:
Which of the following is/are true concerning mail fraud?
A) It involves virtually every type of fraud, provided the offer is transmitted through the mail.
B) Mail fraud statutes apply to e-mail as well.
C) Prosecutors sometimes tack on a mail fraud charge as leverage in larger criminal proceedings.
D) Mail fraud penalties range up to $1,000,000 and 30 years in prison.
E) A, C, and D.
Q:
Adults can use the consent defense to forcible fondling charges even when the victim is a child.
Q:
How are the members of a jury pool selected?
Q:
Which of the the following are examples of tax evasion?
A) Failure to file a required tax return
B) Filing a fraudulent tax return
C) Making a late tax payment
D) Negotiating a settlement on back taxes
E) A and B
Q:
Forcible Sodomy is a strict liability crime.
Q:
What provisions in the United States Constitution require trial by jury in criminal cases?
Q:
Which of the following is/are true about escape from prison?
A) Misdemeanor convicts who escape are guilty of misdemeanor escape.
B) Felony convicts who escape are guilty of felony escape.
C) A person convicted of aiding a prisoner escaping is guilty of aiding escape.
D) Many states allow duress as a defense to escape.
E) all of the above
Q:
Oral sex can never be rape.
Q:
An alternative to a trial by jury is a ___________.
Q:
Which of the following is/are elements of obstruction of justice?
A) There is a pending legal proceeding.
B) The defendant knew of the pending legal proceeding.
C) The defendant acted corruptly with the specific intent to obstruct or interfere with the proceeding or due administration of justice.
D) A, B, and C.
E) None of the above
Q:
Consent is never a defense to incest.
Q:
The _____________ Amendment is the basis for ensuring defendants the right to a trial by jury.
Q:
Knowingly providing false testimony to a grand jury would be what type of perjury?
A) Section 1621 perjury.
B) Section 1623 perjury.
C) Subornation of perjury.
D) Both A and B.
E) all of the above
Q:
A male boss touching a female employee's breast on the job when she does not want him to is an example of forcible fondling.
Q:
In a _________ in medieval England, the accused was given a difficult task to perform often involving physical injury.
Q:
Civil disobedience always involves:
A) corrupt politicians.
B) misbehaving policemen.
C) trespass.
D) a noble cause.
E) vandalism.
Q:
The consent defense is never available for sexual assault with an object.
Q:
In medieval England, the winner in a ___________________ won the lawsuit.
Q:
RICO:
A) makes it illegal to gamble.
B) stands for Racketeering Influenced and Corrupt Organizations Act.
C) requires two or more illegal acts be committed by the organization within 35 years.
D) none of the above
E) all of the above
Q:
The fact that a woman discussed having a sexual relationship with the man she is accusing of raping her can never be admitted under rape shield laws.
Q:
The _______________ or "Great Charter" guaranteed noblemen under King Jon's jurisdiction "life, liberty, and property."
Q:
The elements which constitute bribery include:
A) the recipient or target of the bribe must be a government official
B) a bribe in the form of money, goods, favors, or something of value was offered or given with the intent to induce an action or inaction.
C) the government official committed the desired action or inaction.
D) all of the above
E) A and B only