12 May WHICH OF THE FOLLOWING IS TRUE REGARDING EVIDENCE THAT THE PROSECUTION MUST SHARE WITH THE DEFENDANT?
Question 1Where may U.S. federal criminal offenses be found?The United States CodeThe Code of Federal RegulationsBoth the United States Code and the Code of Federal RegulationsThe United States Code, the Coe of Federal Regulations, and the Model Penal Code5 points Question 2The defendant formally pleads guilty or not guilty at thearraignmentpreliminary hearingindictmenttrial5 points Question 3Which of the following refers to private plaintiffs bringing actions from persons submitting false claims for government funds?Pro se litigantsQui tam plaintiffsAffiliated litigantsState-controlled plaintiffs5 points Question 4The number of U.S. federal criminal offenses is in the range of ______.3001,0005,50019,5005 points Question 5Beatrice, a bank teller, was angry with her employer, Big Bank, because she did not get a raise. Each day she begins to keep for her own use small amounts out of funds deposited by customers at her station. Eventually, she is caught when customers begin to complain about discrepancies, and bank officials conduct surveillance of her actions. Big Bank is very unpopular in the community because of a number of foreclosures. The trial against Beatrice results in a hung jury when the twelve jurors are hopelessly deadlocked, probably because of their dislike of Big Bank. Beatrice is thrilled and believes that she can forget about the whole mess although her cell mate tells her that she may not be out of the woods yet. Can Beatrice be tried again for the same crime?No, because of the double jeopardy bar.Only if at least five of the jurors voted in her favor to acquit her.Only if at least six of the jurors voted in her favor to acquit her.Yes.5 points Question 6Benji, a truck driver, is told by his boss, Penny, to quickly deliver a load of steel and to get to the location within an hour regardless. Benji replied, “That’s impossible – I’d have to go 90 miles per hour to do that.” Penny said, “Well, you’d best get started.” Not surprisingly, Benji was stopped by a highway patrol officer and fined for both speeding and reckless driving. When he went to court, Benji told the judge that he should be found innocent because he was only acting upon orders of his boss, Penny. Is Benji correct?Yes.No.Yes, but only if he can establish that he had a written contract obligating him to follow Penny’s orders.Yes, but only if he has no previous record of speeding.5 points Question 7A valid search warrant must _________.be based on reasonable causedescribe in specific detail what is to be searched or seizedbe supported by an informantbe issued at least 24 hours before the search5 points Question 8The term actus reus is often used to describe a guiltythought.mind.deed.intent5 points Question 9Which of the following is false regarding the plea of nolo contendere?It means that the defendant contests the charges.For the purposes of criminal proceedings, it is equivalent to a guilty plea.It cannot be introduced at a subsequent civil trial.It may be used by corporate defendants who anticipate civil suits based on the same activity for which they face criminal charges.5 points Question 10Under the ________ rule, a statement made by a defendant in custody is admissible only if the defendant was informed prior to police interrogation of his or her constitutional rights.forced self-incriminationdouble jeopardyMirandadue process5 points Question 11Which of the following is true of the death penalty in China?More than 60 crimes carry the death penalty including tax fraud and bribery.Less than 5 crimes carry the death penalty because it is limited to crimes involving the most serious offenses such as murder.While it is currently in effect for some crimes, it is outlawed beginning in 2015.The death penalty is currently outlawed.5 points Question 12________ prohibits the testimony of the witness from being used against him in any way.Transactional immunityUse immunityNolo contenderePlea bargaining5 points Question 13Which of the following statements is not true regarding the Sixth Amendment right to have the assistance of counsel for criminal proceedings?The accused has the right to use his or her own attorney.Once in custody, the accused must be informed of the right to counsel.The assistance of counsel must be effective.There is no constitutional right to counsel on any appeal of a verdict.5 points Question 14In a federal proceeding, Which of the following is true regarding evidence that the prosecution must share with the defendant?The prosecution must share evidence that the defendant requests.The prosecution must share any exculpatory evidence regardless of whether the defendant requested it.The prosecution must share evidence that the defendant requests, and the prosecution must also share any exculpatory evidence regardless of whether the defendant requested it.The prosecution is not required to share any evidence with the defendant.5 points Question 15_________ liability is the imposition of liability on one party for the wrongs of another.VicariousValidityRelatorAbsolute5 points Question 16Criminal law protects society principally byvindicating society’s valuescompensating the victimpunishing the criminaldefining the rules of social behavior5 points Question 17Which of the following was the result in United States v. Stein, the case in the text involving whether the constitutional rights of the defending accountants were violated when the government pressured their former employer into ending its policy of paying attorney fees?That the actions of the government violated the constitutional rights of the defendants resulting in dismissal of indictments against them.That the actions of the government violated the constitutional rights of the defendants but that indictments issued against them would not be dismissed.That the actions of the government did not violate the constitutional rights of the defendants only because white collar crime was involved.That the actions of the government did not violate the constitutional rights of the defendants only because the defendants could afford to pay their own attorneys.5 points Question 18Which of the following types of immunity prohibits any criminal prosecution of a witness that relates to any matter discussed in his or her testimony?TransactionalUseNolo contenderePlea5 points Question 19Sherdon really wants to buy a new $40,000 boat, but lacks the funds with which to do so. He spends some amount of time thinking about robbing the local bank. He casually mentions to his wife, Pearl, that he has such thoughts. A few weeks later Pearl leaves Sherdon for the local mail carrier. Pearl and Sherdon get in a dispute regarding splitting up their property. In a fit of anger, Pearl calls law enforcement and informs on Sherdon for thinking about the bank robbery. The police arrest Sherdon. Which of the following is the most likely result assuming Pearl is believed by a judge and jury?Sherdon should be released because he has committed no crime.Sherdon should be found guilty of plotting to commit a felony..”Sherdon should be found guilty of conspiracy.Sherdon should be found guilty of the misdemeanor offense of “wrongful contemplation.”5 points Question 20The ______ makes it a crime for any U.S. firm or any firm controlled by a U.S. firm to make payments to an official of a foreign government in an attempt to influence the actions of the official.Illegal Bribery ProhibitionForeign Corrupt Practices ActExtraterritorial Reach ProhibitionForeign Bribery Act5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points
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