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WorksheetsAdmin Law pt. 6: Criminal & Administrative
Total questions: 20
Worksheet time: 10mins
In criminal procedure the “Brady material” requirement refers to:
A prosecutor’s obligation to disclose exculpatory evidence pertaining to guilt or punishment
A prosecutor’s obligation to identify eyewitnesses
A defendant’s right to examine a written statement of the charges
The enhanced penalties for use of a handgun
Miranda warnings are required:
Whenever a suspect is subjected to custodial interrogation
Unless the suspect has committed a crime in plain view
Whenever a suspect has not yet been arrested
The police do not have probable cause to interrogate
The insanity defense rule that asks “whether the unlawful act was the product of mental disease or mental defect” is known as the:
Durham Rule
Delusions Rule
M’Naghten Rule
Diminished Capacity Rule
Under the Model Penal Code a “reckless” state of mind involves:
Wrongful conduct that the offender knew would have a certain result
Wrongful conduct that was consciously intended
The offender’s conscious disregard of a substantial risk of the result
Wrongful conduct compelled by the circumstances
Of the following, which statement is most likely to be excluded from use as evidence against the speaker in a criminal prosecution?
A truly spontaneous confession
A response given while in custody but before a Miranda warning has been given
A response given to questions named not at interrogation but at the immediate safety of the public
A response given in response to an inquiry about the presence of a weapon that the police have reason to believe is nearby
In Papachristou v. City of Jacksonville the U.S. Supreme Court held that:
Vagrancy statutes are unconstitutional when they make criminal activities that by modern standards are normally innocent
Vagrancy statutes are constitutional as long as suspects are first warned that their activities are prohibited
Vagrancy statutes are unconstitutional unless the suspect has a criminal record
Local communities are free to use vagrancy statutes to discourage crime
What defines crimes under federal law?
Both criminal law and common law
Criminal law statutes
Common law
There are no federal crimes—there are only state law crimes
Which of the following is the most accurate description of the Double Jeopardy Clause’s application?
It prohibits prosecution for the same crime by the federal government and a state government
It prohibits retrial for the same crime by the same jurisdiction after an acquittal
It prohibits trial for two crimes in the same trial proceeding
It prohibits retrial after a mistrial was declared in response to the defendant’s motion
Which of the following is the most accurate description of the extent of force that a person may use in self defense?
The amount of force must be measured to the threat
If a person has a reasonable belief of imminent danger any amount of force can be used
Force may be used only if persuasion is first attempted
Only the minimal amount of force reasonably necessary to stop the assault may be used and deadly force may never be used
Under the Model Penal Code, killing someone recklessly under circumstances manifesting extreme indifference of the value of human life is:
An infraction
murder
Negligent homicide
A misdemeanor
Under the Model Penal Code a “purposeful” state of mind involves?
The offender’s conscious disregard of a substantial risk of the result
Wrongful conduct compelled by the circumstances
Wrongful conduct that is consciously intended
Wrongful conduct that the offender knows will have a certain result
A writ of habeas corpus is sought:
By a jury to order the death penalty
By a trial court to seek an appellate court ruling
By the police to obtain evidence
By a prisoner challenging the legality of incarceration based on the law or constitution
Under current U.S. Supreme Court case law the death penalty is:
Unconstitutional in all respects
Not subject to challenge under the U.S. Constitution
Prohibited except when a judge finds aggravating circumstances
Prohibited if administered arbitrarily or inconsistently with evolving standards of decency
The U.S. Supreme Court has held that proof beyond a reasonable doubt:
Is required for every fact necessary to constitute the crime with which the suspect is charged
Is required only for the ultimate question of guilt or innocence
Is required only for felonies
Does not apply to federal criminal prosecutions
Based on the U.S. Supreme Court’s opinions, the warrant requirement of the Fourth Amendment applies to:
all areas
Areas in which a reasonable expectation of privacy might otherwise exist
Any non-public area
Only homes and other buildings
The crime that is based on an attempt to get someone else to commit a crime is:
Solicitation
Accessory
Participation
Accomplice
Someone effectively withdraws from further responsibility for a conspiracy by:
Disapproving of the acts to the co-conspirators
Being unaware of the further acts
Not directly participating in the further acts
Taking affirmative steps inconsistent with further participation
The Fourth Amendment prohibits
Warrants based on probable cause as determined by judges
Unreasonable searches and seizures
Searches and seizures without a court order
Arrest without an indictment
Sentencing guidelines:
Are considered advisory in the federal system and vary within the state systems
Are federal statutes that specify punishments for state crimes
Strictly require federal judges to impose specified punishments based on the crime and the defendant’s criminal record
Are prohibited under the U.S. Constitution
The following is required for someone to be convicted of conspiracy:
Concealment of the criminal act
Agreement to commit a crime
Knowledge of the acts undertaken in furtherance of the conspiracy
Direct participation in the criminal act
