Criminal Law study set final exam <3

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Which of the following constitutional principles means: a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict.
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Terms in this set (272)
The holding of a case is _the decision of the court, precedentThe U.S. Supreme Court held in Riley v. California (2014) that, generally, warrants are required to search cell phones because cell phones are a person'ssocial DNAThe Due Process Clauses are found inthe Fifth and Fourteenth AmendmentsAll of the following are situations where a court will examine the "totality of the circumstances" to determine the legality of police action except __whether error occurred at trialThe federal government derives its power only from the U.S. Constitution.trueThe doctrine of judicial review is stated explicitly in the U.S. Constitution.falseHarmless error at trial means the defendant if convicted, gets a new trial.false______________ prohibits states from interfering with the federal government's exercise of its constitutional powerssupremacy clause________ is a method that allows two or more governments to share control over the same geographic region.federalismAn example of _____________ law is that a citizen may only be convicted of clear, sufficiently detailed law, that defines: criminal conduct, relevant terms and range of punishment; and which does not violate the Ex-Post Facto clause. Substantive and procedural criminal law Substantive: seeks to prohibit certain forms of conduct (e.g. illegal drug use) Procedural: regulates process and how substantively law is enforced/due process (e.g. search and seizure)Procedural lawCourts follow _______ and use ______-based reasoning between the facts of prior cases and the current case.precedent/analogyCourts used ______-based reasoning, between the rule of law of a prior case and the facts of the current case.ruleIn the case citation 134 S.Ct. 2473, the 134 is the ______.volume numberIn the case citation 134 S.Ct. 2473, the S.Ct. is the ______.type of reporter (i.e. Reporters are governmentally approved publications which reproduce the reported cases within a given jurisdiction)The adversary system that we use in criminal law is designed to expose the:truthIn light of the case Brady v. Maryland, all of the following must be disclosed by the government during the discovery process, except:prosecutors work productOne charging document that may be put forth by a prosecutor alone, is called a(n):informationThe purpose of a preliminary hearing is to:determine whether the prosecutor has established probable cause to hold the defendant over for trialWhich of the following motions would be filed based on a defect in the documents used to prosecute the defendant?a motion to dismissA(n)________________ is a guilty plea of a defendant who proclaims he is innocent of the crime and admits that the prosecution has enough evidence to prove that he is guilty beyond a reasonable doubt. It is entered when an accused, together with his attorney, has made the calculated decision to plead guilty because the evidence against him is so strong that it will likely lead to conviction.alford pleaThe process whereby the lawyers and judges question potential juror members is called:voir direIn the Batson v. Kentucky (1986) case, the U.S. Supreme Court held that the government has an obligation not to use peremptory challenges during voir dire to eliminate potential jurors based on their:raceWhich of the following is not a duty of a criminal defense attorney?prove the defendant is not guilty of the crime chargedDuties for a criminal defense attorney:Charged with zealously representing his or her client Must ensure that the clients constitutional rights are protected Must ensure that the prosecution has proven its case beyond a reasonable doubt Must evaluate courses of action (e.g. plea bargain v. going to trial) Gauge the strength of the prosecutor's case Advise client on the feasibility of a plea Seek a fair sentence File motions if applicable Defense attorney's do not testify for a client or make the decision as to whether the defendant will testify, take a guilty plea, etc.parens patriaethe power of the state to act to protect the interests of those who cannot protect themselves (juveniles)The United States represents only _____% of the world population, but ____% of all of the incarcerated people in the world.4% and 22%Which of the following theories says the powerful in society use criminal justice against the weak?conflictThe two prongs of a successful §1983 claim is for a member of the public to show the criminal justice actor ______.acted under the color of law and deprived a constitutional rightTo successfully obtain qualified immunity, the law under which the law enforcement officer acted must not have been ______.clearly establishedIn the case citation 134 S.Ct. 2473, the 2473 is the ______.the page number on which the case begins in the reporterTo claim qualified immunity under the law, a law enforcement officer must establish that in her encounter with the member of the public she ______.acted reasonably(Criminal Law in MD) Which of the following elements are shared by all three of these parties to crimes: principals in the 2nd degree, accessory before the fact and accessory after the fact?knowing that a felony has been committedAll of the following statements apply to "transferred intent"used when a defendant intends to harm one victim, but then unintentionally harms a second victim instead applies to arson, especially in arson cases that involve homicide transferred intent is also called "missed aim" intentWhich of the following answers reflect how mental criminal culpability is classified in the Model Penal Code?purposely, knowingly, recklessly, negligently_________ possession is the easiest type of possession to prove.actualUnless legally required to do otherwise, one's failure to act cannot be legally satisfy the actus reus requirement in a crime.true Actus Reus is satisfied when one: ◦Willfully commits a proscribed physical act (e.g. robbery, embezzlement, physical striking, rape, fraud, bribery, abuse of power, etc.); or ◦Intentionally fails to act when the law requires a person to act (e.g., negligence or failure to provide medical treatment where law explicitly or implicitly requires otherwise, etc.)Which of the following status crimes was ruled deemed unconstitutional in Robinson v. California?drug addictiontrue statement about actus reus?is commonly defined as a criminal act that was the result of voluntary bodily movement, even if the outcome was not intended it's necessary so that we don't prosecute people merely for having a guilty state of mind it can be manifested by failure to act when the law requires actionThe decriminalization of certain conduct (e.g. possession of marijuana paraphernalia in Maryland), is the same thing as legalizing that conduct.falseBilly did not intend to batter Amanda and he is very apologetic to her. Prior to this incident, Amanda did not know Billy or Ronnie, and decides to press charges. Billy's defense lawyer is trying to decide which of the following outcomes is the most likely and asks for your analysis, in this case . .Billy is criminally liable for specifically attempting to batter Ronnie, and the actual battery of Amanda based on transferred intentAn offender may be more than one mens rea state at the same time.trueKnowingly is the mental state where one is substantially certain a result will occur, but it is not the reason the person takes the act.trueAn offender can be guilty if she is the factual but not the proximate cause of the ultimate harm.falseArson is typically a general intent crime.falseTo be guilty of a criminal act, actus reus must be voluntary.trueScienter isproof of knowledge; usually of the accused's for the purpose of determining mens reaBill slashed the tires of Fred's cars under the mistaken belief that it was Bob's car, with whom he was angry. Bill could be prosecuted under the theory of ______.transferred intent; the intent that Bill had to slash Bob's tires is transferred to what he did to Fred's tiresThe principle of "legality" is essential and is widely-recognized to ensure ______.fairness in the administration of justiceConcurrence occurs whenmens rea meets actus reusWhich type of duty is gratuitous (freely given)?assumption of dutyThe following persons can be arrested based on their status alone robbers caught in the actIn the New Jersey v. Pelham (2003) case, the court held that:the victim's suicide was caused by the drunk driverToday under modern statutes, principals and accessories to crime are punished:equallyThis test for a substantial step (aka the actus reus attempt) examines: (i) whether the defendant has taken substantial steps toward completion of the target crime, and (ii) whether the defendant's actions are strongly corroborative of the actor's criminal purpose is the _______________. (Hint, it's also the test used in Maryland.)Model Penal Code Substantial Steps TestWords of inducement are enough to establish the actus reus for the crime of solicitation.trueSolicitation is complete when the request or enticement is made.trueThe acquittal of or failure to prosecute one co-conspirator, ____________ the prosecution of other co-conspirators in some jurisdictions.does not prohibitIn order to use the defense of renunciation in an inchoate crime, the defendant must have:voluntarily and completely renounces the target crime, and thwart the crime the target crimeBefore rising to the level of criminal conspiracy, the overt act for conspiracy must be committed by all members of the conspiracy.falsePinkerton ruleindividuals who enter into a conspiracy are criminally responsible for every reasonable forseeable crimeThe Wharton RuleThe requirement that crimes needing more than one person for commission, such as bigamy, require three or more people for a conspiracy convictionWhen endeavoring to prove the inchoate crimes of attempt and conspiracy, the government must prove that the substantial step or overt act is in and of itself a criminal act.falseThe actus reus element for a conspiracy is . . .unlawful agreement between two or more personsThe significance of the fact that merger is no longer a defense to conspiracy means that . . .if the accused are successful in committing the target crime, they have no defense to being convicted of conspiracy, and will also face conviction for the target crime(s)"A person is guilty of _____________ to commit a crime if, with the purpose of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct which would constitute such crime." From the Model Penal Code.solicitationIf it is impossible to complete the crime as planned, one may not be charged with an attempt crime.falseIn the Indiana v. Haines (1989) case, the appellate court decided:the defendant had committed attempted murderIn all jurisdictions, the overt act for conspiracy, must be a criminal act.falseIn a traditional conspiracy in every jurisdiction, an overt act toward the commission of the offense is a required element of the offense.falseIf it is impossible to complete the crime as planned, one may not be charged with an attempt crime.falseCommon law battery ____________ require physical contact.does notWhich of the following statements is not true of the crime of assault?Assault of public officers is not an aggravating factor for the crime of assaultAccording to the Minneapolis Domestic Violence Experiment (MDVE), which of the following police practice was the most effective in lowering the rate of domestic abusers re-offending?arresting the offenderThe first anti-stalking statute was enacted in the state of ______________ in ____________.california 1990_______________ assault deals with an incomplete physical injury, while _____________ assault is directed at a present psychological or emotional harm—namely, putting a victim in fear.attempted battery/threatImplied or expressed consent of a student to hazing ____________ an allowable defense in Marylandis notA single anonymous call with the intention of embarrassing, harassing, tormenting, abusing or annoying another individual, is defined as what, if any, crime in Maryland?Misuse of Telephone Facilities and EquipmentStatutory Rape is a _______________ offense.strict liabilityUnder the common law, the victim had to manifest extreme resistance to indicate lack of consent. In modern times, the victim does not have to fight back or otherwise endanger his or her life if it would be futile to do so. In most jurisdictions, the victim only needs to resist to the same extent as a reasonable person under similar circumstances, which is an objective standard. Meanwhile, the Model Penal Code position requires ....any type of treat that prevents physical resistancefalse imprisonmentthe crime of unlawful restraining of someonekidnappingforcible abduction and forcible carrying away of person against persons willUniform Child Custody Jurisdiction and Enforcement Actvests "exclusive and continuing jurisdiction" for child custody litigation in courts of the childs homeParental Kidnapping Prevention Actgives preference to the home state in which the child resided within the past six monthsWhich of the following is not true of Rape Shield LawsAllow for additional evidence about the alleged accuser's background to be introduced at trialThe following scenarios are examples of which crime? ◦An arrest by police officers lacking probable cause ◦Prison warden fails to release inmate ◦Storekeeper detains customer for shoplifting without a basis for such suspicionfakse imprisonmentWhich of the following illustrates a kidnapping?Joseph drags Abby to his car, stuffs her into the trunk, and then drives fifteen miles to a deserted field where he thereafter removes her from the trunk and rapes her.The Civil Rights Act of 1871 (42 U.S.C.A. Section 1983), which is designed to prevents discrimination by preventing the use of force or threat of force: under the color of law. Under the color of law, means an act . ..all correct act of a state officer, regardless of whether or not the act is within the limits of his or her official authority an act which is conduct by an officer that bears a sufficiently close nexus to a state so that the action is treated as though it was done "by the state" an act where a state officer purports to be conducting himself or herself in the course of official dutiesA conviction for cyberstalking may result in which type of punishment?imprisonment all of these answer apply fines and restitution restraining orderWhich of the following is not true of the crime of kidnapping?kidnapping is a general intent crimeUnder traditional common law, the definition of assault does NOT include ______.intentional rape of anotherAt common law, one difference between assault and battery as described in the text is ______assault is a threat to injure and battery is causing the injuryUnder the law, assault and battery may be enhanced as aggravated based on ______.the victim's vulnerabilityThe threshold mens rea for making terroristic threats is ______.reckless disregard for the risk of harm to the intended victimThe defendant in the United States v. Lussier (2017) case was convicted of ______.kidnapping victims who were in the house's crawl spaceA definition of a hate crime is ______.a traditional offense like murder, arson, or vandalism with an added element of bias.The crime of kidnapping depends on the distance the offender moved the victim.falseImposing enhanced sentences for the commission of a hate crime, such as bias against race, gender, LGBTQIA status, etc., violates an offender's First Amendment rights to free speech.falseAt common law, the criminal incident of "homicide" included which of the following?murder and manslaughterAt common law this crime was punished by forfeiture of the defendant's property to The Crown and denial of a proper burial.suicideWhich of the following was not considered homicide at common law?abortionCurly, Larry & Mo decide to kidnap a child in hopes of getting ransom. During the kidnapping, Mo accidentally smothers the child to death. Which of the following is the likely outcome?Curly Larry and Mo will be charged kidnapping and first degree murder.Justifiable Homicidea command that is authorized by lawexcusable homicidea killing without evil or criminal intent for which there can be no blameFirst Degree Murderkilling that is premeditated, deliberate, and done with maliceSecond Degree Murderkilling that is done with malice, but without premeditation or deliberationThe killing of one's self is not considered homicide.trueShooting a loaded gun into a crowd of people, wherein a person is killed, is an example of which type of homicide?second degree murderThe mens rea requirement for vehicular homicide is usually _____________ to prove than it is for traditional manslaughter cases.easierIn a homicide trial, the prosecution has the burden of proving all of the following except:motiveThe _____________________ doctrine creates an inference of murder intent when the defendant uses a deadly weapondeadly weaponUnder common law, the term used to denote premeditation in murder cases meant to identify ______.the element of mayhemWhich of the following is not a true statement?For one killing, a defendant can be convicted of both first- and second-degree murder.The deadly weapon doctrine allows the jury to infer that possession of a deadly weapon during the commission of a general intent crime, or during the commission of a specific intent crime other than murder, the offender ______.had the specific intent to killNico wanted to play a practical joke on Mikey and planned to scare him at Halloween. When Mikey came to Nico's door, Nico acting as Wyatt Earp pointed an unloaded gun at Mikey and screamed "Trick or Treat!" whereupon Mikey dropped dead of a heart attack. Nico will most likely be found guilty of ______.voluntary manslaughterIn the People v. Viramontes (2014) case, a husband who beat his wife to death tried to claim he was provoked to reduce his murder charge to a second-degree or manslaughter charge when his wife ______.for sending text messages and naked photosTo qualify for heat of passion manslaughter, the provoking act must be severe that any other person in the defendant's shoes would reacted violently, in the same situationFirst-degree murder carries the maximum penalty under law.trueIn a felony murder, not all conspirators are liable for a death that occurs as a result of the felony.falseDuring a clearance sale at Nordstroms, Susan intentionally pushes Rose intending to move her out of the way so that she could grab a pair of Gucci flats before Rose did. Rose loses her balance, stumbles, and falls to her death on a nearby escalator. In this situation, Susan has committed . . .voluntary manslaughterWhich of the following statements about the felony murder rule is false?The felony murder rule only applies if the defendant, while attempting to commit another felony, was the actual cause of the loss of lifeThe deadly weapon doctrine allows the jury to infer the specific intent to kill to support a verdict for first degree murder, merely because the accused used a deadly weapon during the commission of what was intended by the accused to be a non-homicidal battery against another person (e.g. aggravated battery), but an unintended death occurs.trueAll forms of homicide are considered to be murder.falseIn a "heat of passion" or "adequate provocation case, the provoking act . . .must be adequately provocative subjectively, objectively and under the eyes of the lawManslaughter may be voluntary or involuntary.trueThe willful, deliberate, and premeditated killing of another, describes which of the following types of homicide?first degree murderAfter 10 years and four children, Pam and Doug decided to get married. Pam had long wanted to get married, but Doug "did not believe in marriage." Nevertheless, only six months after their wedding, Doug discovered that Pam was having an affair with his best-friend, Sam. Doug discovered this by searching Pam's phone and seeing that Pam and Sam had exchanged several romantic texts and nude photos. Having no intention to harm Pam, Doug confronted Pam and she confessed. The second that Pam admitted her affair with Sam, Doug flew into a rage and beat Pam to death. This killing is an example of?second degree murderFor all practical purposes, domestic violence was "criminalized" in which decade?1970In the Town of Castle Rock v. Jessica Gonzales, the Supreme Court found that the police ....had no constitutional duty to enforce her restraining orderStatutory Rape is a _______________ offense.strict liabilityLack of consent by the victim constitutes the _______ element of rape.attendant circumstancesIn this case, the Supreme Court held that Alaska's Sex Offender Registration Act (2003) may be applied retrospectively to defendants who were convicted prior to the implementation of the Act.smith v. doeThis law often includes a stay-away order, mandating that a convicted sex offender cannot live within a certain distance from areas such as a school or park where children tend to congregate, and provides for GPS monitoring and extend the sentencing and parole terms of child sex offenders.jessica's lawThe common law rule that a man cannot rape his known as Hales Rule, and remains on the books in the state of Marylandif Chris goes into Pat's bedroom, where Pat is sleeping in the dark, and has sex with Pat pretending to be Jamie, someone Pat knows and wants to have sex with. In this case ...Chris is criminally liable for rape due to her perpetrating a fraud in fact.The 7th Cir. found that it was unconstitutional for a Wisconsin law to require convicted sex offenders who have been released from civil commitment to wear a GPS ankle bracelet all day, every day, for the rest of their lives.falseA North Carolina law that forbade convicted sex offenders from using social media, was found to be constitutional (2017).falseThe federal law that guarantees equal treatment of students on the basis of sex and is used as a basis for sex assault investigations and disposition is known as ______.title IXThe typical definition of statutory rape is ______.sexual relations between teens and one who is four years olderRape shield laws are designed to prevent harm to the victim at trial.TRUEOriginal laws regarding "rapere" originally intended to protect . . .the property of menIn 2016, the longest average sentence length for federal drug convictions was for methamphetamine convictions.trueTo be charged with the crime of making a false statement, one must be under oath.falseAll of the following acts can result in being convicted of a crime and serving 30 - 90 days in jail, except..Leaving a baby in a car with a minor under the age of 14 years, for more than four hours.The crime of _________ is spreading malicious stories about the U.S. government.seditionIn 2006, the federal government tried to thwart illegal online gambling by passing a law making ____________ a crime.transfer of money from American banks to online gambling sitesThere are no pharmacological differences between powder cocaine and crack cocaine. This means that,chemically, they are nearly identical and hence, produce similar results.trueThe federal government led to a push to raise the drinking age to 21, becausethe explosive number of drunk driving fatalitiesBefore an officer can give a person suspected of drunk driving a breathalyzer, they must get a search warrant.falseIn most cases, the enactment of Vehicular Manslaughter statutes, are in response to the fact that in most cases, people who drink, drive and kill innocent people.....All of these answers are correct were never charged with homicide the person's mens rea is impaired voluntary intoxication of an abundance of alcohol negates specific intentExchanging something of public value for personal gain, defines which of the following crimes?briberyIn 2017, former National Security Advisor, General Michael Flynn, admitted to and pled guilty to willfully and knowingly making a false, fictitious and fraudulent statements when he lied to federal agents who were investigating Flynn's foreign contacts during the presidential election of 2016; this describes the crime of?false statementsCrimes that harm the environment can only be committed by government.falseAs long as one does not provide material support, and only provides resources to a designated foreign terrorist organization, they are not committing a crime.falseIn 2018, the State of New Jersey successful won in the U.S. Supreme Court the right to allow people in the state to bet on sporting events. The Court found in favor of New Jersey based on which constitutional AmendmenttenthPursuant to the federal computer fraud statute, the definition of "computer" includes any electronic or high-speed data processing device that can perform:logical, arithmetic, or storage functionsn the U.S. v. Ulbricht (2017) case, the defendant who operated the underground Silk Road web site pointed to the existence of lucrative _______________ in complaining on appeal that his life sentence was not a deterrent to those willing to commit drug crimes.dark marketAll of the following statements about the shift in federal drug policy in the 1980s and 1990s away from education and treatment, and to punishment with mandatory minimum prison sentences, are true, except...has dramatically reduced the problem of drug use in this countryTerrorism defendants are prosecuted in state courts.falseBurglary cannot be committed by simple trespass.trueWhich of the following statements is true?false pretenses is lying to obtain a thing of valueThe primary difference between embezzlement and other types of theft crimes is ___the stolen property was first acquired legallyUttering is the crime of ______.passing bad checksWhich of the following is not required to prove the mens rea requirement for the crime of receiving stolen property?maliceIn the Murphy v. State (2012) case, the offender who took an automatic rifle and fired shots to a health clinic to demand better care was convicted of burglary because:he entered the clinic with the intent to commit a felony once insideLarceny by trick occurs when . . .When control plus asportation is accomplished by the perpetrator deceiving the victim into transferring the property with a false representation of factAltering the grades on a college transcript; forging or producing a copy of a document, signature, banknote, or work of art, etc., are all examples of _________________.forgeryHue is an avid collector of rock-and-roll memorabilia, and he subscribes to a number of computer websites devoted to such items. A few days after a theft of rock-and-roll items from a museum is widely reported on TV and in newspapers in Hue's hometown, Hue receives an email message offering to sell a collection of Beatles memorabilia at a very low price. The seller claims that a quick sale is necessary because the seller has suffered a number of business losses. In fact, the Beatles items were stolen from the museum. Hue buys the Beatles items. The seller and Hue never discuss the museum theft, but the goods that the seller sells to Hue did come from that incident. Which of the following statements best applies to this scenario?Hue would be criminally liable for receiving stolen goods.Willful destruction of the property of another person, is referred to as ....malicious mischief and/or vandalismWhen one obtains property of another by threatening to inflict bodily injury on anyone, commit any criminal offense, accuse anyone of a criminal offense, expose any secret tending to subject any person to hatred, contempt, or ridicule or impair his credit and business repute, take or withhold action as an official, bring about a strike or boycott, testify with respect to another's legal claim, or inflict any other harm that would not benefit the actor; and the threat is for future harm, he or she has committed ______________; provided that the defendant acted consensually and the transfer of property to the perpetrator is complete.extortionBurglary is an aggravated form of . . .tresspassingIntentionally remaining in a department store with the intent to commit an offense therein after the store closes for the day, is an example of the crime of . . .burglaryIn order to charged with arson for burning down one's own property, one must burn his or her property with the specific intent or purposely to defraud.trueUploading assignments, quizzes, tests, or assessments written by the class instructor or by the publisher, to CourseHero or similar sites, is a violation of the Digital Millennium Copyright Act.trueWhich of the following are criminal under the Digital Millennium Copyright Act (DMCA)all are correctDMCA in its original form was censured by several scientists who believed that this will largely disrupt the growing IT industry of the US.trueEmbezzlers are typically criminals with a previous predisposition to steal.falseThe crime of receiving stolen property requires scienter that the property is stolen.trueEarly common law theft crimes did not include ______.consolidationIn the New York v. Alamo (1974) case, the court held that larceny was committed even though the property was ______.not movedThe term caveat emptor is Latin for ______.let the buyer bewareThe primary difference between embezzlement and other types of theft crimes is ______.the stolen property was first acquired legallyWhich of the following situations would give rise to the inference that the goods received were stolen?Buying brand new unworn Timberland or L.L. Bean boots for $15To commit the crime of extortion, an offender may threaten a victim with all of the following EXCEPT ______.sending an email asking for money for an emergencyThe mail and fraud statutes have what in common?these crimes share the element of the "scheme to defraud"Criminal mischief, the defacing of property such as cemetery headstones, is not to be confused with ______.hate crimeRobbery is not included in ______________ theft statutes because it is a hybrid crime that involves a threat of harm or personal injury to the victim, who is present at the time of the property taking.consolidatedWhich of the following would be considered arson in the first degree in many jurisdictions?`A person who had burned a house that was occupied by people at the timeWhich of the following may not constitute the actus reus:being a drug addictBy the 1970s, the myth that recreational drug use and illegal drug abuse was exclusively the scourge of the ______ was widely debunked.poorIn the U.S. v. Ulbricht (2017) case, the defendant who operated the underground Silk Road website pointed to the existence of lucrative ______ in complaining on appeal that his life sentence was not a deterrent to those willing to commit drug crimes.dark marketsConstructive possession requires the individual to physically have CDS on their person.false"Actual possession" means that an individual simply has CDS in an area where they have physical control.falseOn factor to determine whether an individual is in constructive possession is the ownership interest where CDS was found.trueProximity to a CDS alone is enough evidence for a possession conviction.false.10 BAC is the legal limit for alcohol in Maryland.falseUnless the contraband is found on the suspect's person, possession cannot suffice as actus reus for criminal liability.falseA defendant may be charged with a common nuisance (disorderly home) if they possessed a place in which the defendant himself continuously used or stored CDS.trueRobbery is the taking of personal property. In a bank robbery, the teller is said to have ______ over the money as if the bank's money were his personal property.constructive possessionIt is a legal fiction to claim that "possession" is an act.trueRecognizing possession as actus reus greatly expands the state's control over conduct by expanding the definition of what is meant by "criminal conduct"trueDefinition : when a person has dominion and control over contraband, but not actual possession. Term: _____________ possessionconstructiveTo be convicted of a possession-based crime, a defendant must own the thing in question.falseThis type of possession is narrowly recognized in federal court & only for guns.innocentAll of the following factors may are used to analyze whether constructive possession applies, except?whether the defendant was physically touching the controlled substanceAll of the following factors are used to determine whether a substance will be placed on the federal drug schedules, and if so which schedule, except. . . .whether the substance is legal in another countryWhich of the following factors is used to determine whether possession of drugs is simple, or done with the intent too sell or distribute?all the aboveBefore the Fair Sentencing Act (2010) increased the amount of crack that triggered mandatory minimum prison sentences, defendants who illegally possessed powdered cocaine would need to have possessed _____ times as much cocaine powder to do the same amount of prison time as a defendant who possessed crack cocaine.100The following persons can be arrested based on their status alone ______.burglars caught in the actWhich of the following acts are not crimes of possession?unlawful possession of explosives possession of images of child pornography distributing any quantity of drugs All of these examples represent possession crimesAt the first trial of Andrea Yates, charged with drowning her 5 children, she was found sane. The insanity defense did not apply because:she knew what she was doing was wrongThe battered woman's syndrome is a type of self-defense based on:the victim's inability to perceive threats of violenceThe defense has the burden of production in raising an affirmative defense.trueSmoking oregano thinking it is marijuana is a ______ while believing certain expenses qualify as business deductions for tax purposes is a ______.mistake in fact, mistake in lawIn Michigan, a 6-year-old first grader shot and killed a fellow student. Under the law, the mens rea for the shooter is irrebutable presumption he has no mens reaThe problem with the Durham Rule as a substitute for the M'Naghten test was ______all of theseIn the Moore v. Texas (2017) death-penalty case involving an intellectually disabled defendant, the U.S. Supreme Court held ______.states should use medical standards to determine intellectual disabilityIf a defendant is said to "have no emotional brakes between his irrational thoughts and his criminal conduct," his defense is most likely ___irresistible impulseThe three steps in order of the cycle of violence that may present itself in a battering relationship are:tension building, acute battering, honeymoonFor the subjective entrapment defense to be successful, a defendant will have to show at trial ______.he was not predisposed to commit the crime chargedIn the Florida State v. Laing (2016) entrapment case, the issue was __whether a young man was entrapped by an officer posing as a young girlTrue or False: The U.S. Supreme Court has ruled that capital punishment for any crime against an individual other than criminal homicide is unconstitutional.trueThe insanity defense and reasonable discipline of a child by a parent are ______________ defenses to battery.excuseWhich of the following categories may provides a whole defense if one is charged with a crime against another person?justificationsThe Necessity DefenseConduct that would otherwise be criminal is justifiable if, as a result of pressure from natural forces, the defendant reasonably believes that his conduct was necessary to avoid a greater social harm.The Consent DefenseWhen a plaintiff consents to the act that damages him or her, the alleged generally is not liable for any damage done. Not used with murder or assault crimes.Insanity DefenseA legal defense based on claims of mental illness or mental incapacity.EntrapmentA defense requiring proof that the defendant would not have committed the crime but for police trickery.Voluntary intoxication is a defense to ....specific and purposeful intent crimes ONLYIncorrect advice from an attorney excuses criminal conduct, if the crime is committed because of the faulty legal opinion.falseA defendant may use force to defend another only when the defendant and the person defended have a special relationship. (Assume the contemporaryfalseIn order to be successful, a defense to a criminal charge must refute each and every material element that the government has proven beyond a reasonable doubt.falseClarence Gideon represented himself before the U.S. Supreme Court appealing his conviction.trueIf police violate a suspect's right to counsel because adversary proceedings have begun, the prosecution cannot use the defendant's incriminating statements to prove his or her guilt.trueThe Sixth Amendment right to counsel is not offense specific.falseHolding a criminal trial in the district where it occurred is a requirement stated in the constitution.trueA lawyer can admit his or her client's guilt to the crime charged over the client's objectionfalseBecause the Bill of Rights when enacted did not apply to the states, the U.S. Supreme Court was left to use the concept of ______ to remedy state court miscarriages of justice.due processThe Fifth Amendment only protects people from what type of self-incrimination?compelledBefore a confession will be allowed at the defendant's trial, courts must determine if the confession was ____voluntaryOne technique in conducting a successful interrogation is ___creating a guilt-diminishing scenario that the offender can buy intoErnesto Miranda, the defendant in Miranda v. Arizona (1966) was charged withrapeUpon arriving at the crime scene, Officer Barkley asked the suspect "Where is the gun?" Officer Barley was not required to give the suspect Miranda warnings before asking the location of the gun.trueThere is no difference between the Fifth and Sixth Amendment right to counsel.falseInterrogation does not include words or statements likely to elicit incriminating information.falseIf one co-occupant refuses consent to search, police officers may still conduct a search.falseIf probable cause exists to search a car, officers may search the trunk and the glove compartment as well.trueThe automobile exception allows law enforcement to search for stolen vehicles on private property without a warrant.falseThe legal standard for arrest is __probable causeUnder which of the following circumstances is the person under arrest?when he or she feels he or she cannot leave the police presenceIn the Whren v. United States (1996) case, the U.S. Supreme Court held that an officer's subjective intent about a suspect's race does not matter as long as the police/citizen encounter was lawfultruePrior to the U.S. Supreme Court holding in Riley v. CA (2014), warrants were not required to search the contents of a cell phone because phones were considered ______.inventory searchesThe rationale for the third-party doctrine is that there is no expectation of privacy in information shared with companies because people have control over what the third party does with personal informationThe legal standard for arrest is ___probable causeTo use a known criminal in a probable cause affidavit, an officer must first establish the criminal's ___reliabilityThere is no difference between the 5th and 6th amendment right to counsel.falseA warrant is required for a pen register which collects the numbers called from a phone.falseThe Sixth Amendment right to counsel applies to simple misdemeanors as well as felonies.falseAt the time of Clarence Gideon's first trial when he requested counsel, Florida state law only appointed counsel for indigent defendants in what type of cases?capitol cases/death penaltye Sixth Amendment right to counsel is more important than the Fifth Amendment right to counsel pursuant to Miranda v. Arizona (1966) because:The 6th Amendment protects all due process rights from investigation to executionProbable cause as a requirement for a warrant to issue is stated in the U.S. Constitution.trueIf officers arrive at a crime scene, they may search without a warrant as long as the only items that they search for are related to the alleged crime.falseAnytime a police officer asks for identification, all citizens are legally required to comply.false