1. The criminal charging document produced by the grand jury is an ?
2. The Fourteenth Amendment mandates due process of the law.
3. Tommy was angry at his father and decided to set his father’s home on fire. Tommy’s favorite video games were inside the house and he was very upset when his father’s home burned to the ground. He did not intend for the fire to burn down the home.
|A. Tommy is guilty of arson because he had specific intent.|
|B. Tommy is not guilty of arson because one must have specific intent to be guilty of this crime.|
|C. Tommy is guilty of arson because he had transferred intent.|
|D. Tommy is guilty of arson because he had general intent to commit the act of setting the home on fire|
4. To be guilty of violating the Federal Kidnapping Act the defendant must know that he or she crossed state lines with the victim.
5. A sentence that is to be served at the same time is considered a concurrent sentence.
6. Under the conspiracy statutes, an individual may be prosecuted without ever completing a crime.
7. A brief investigatory stop when a police officer may ask a few questions and pat down clothing to look for a weapon is called a
|A. Terry Stop|
|B.A search incident to arrest|
|C.A stop and frisk|
|D. Both a and/or c|
8. Courts have held that being photographed is a violation of the right against self-incrimination.
9. When it appears that a defendant cannot obtain a fair trial because of the trial location, the following motion may be requested
|A. a motion for continuance or adjournment|
|B. a motion to recuse a judge|
|C. a motion for change of venue|
|D. a motion to dismiss|
10. Indigency (for purposes of appointment of defense counsel) is determined by the jury.
11. Pro se representation means the defendant has
|A. himself or herself as counsel|
|B. a public defender as counsel|
|C. a private attorney as counsel|
|D. a paralegal as counsel|
12. In order to validly consent to a search, that consent must be .
13. Bert is having dinner with his associates in a private room at a local steakhouse. The room has doors that close it off to the general public. Bert has asked that once dinner was served that the doors be closed and that the wait staff not enter the room until summoned by Bert. These instructions are followed just as Bert requested and once dinner is served and the staff has left, Bert and his associates begin to discuss their human trafficking business. In the middle of the conversation, another patron, Karen, mistakenly opens the door looking for a group she is joining for dinner. Karen hastily withdraws, but as she did she heard one of Bert’s associates say how much they can expect to profit from the sale of each child. Karen is shocked and calls the police. The subsequent investigation yields sufficient evidence to arrest and charge Bert and his associates. Prior to trial, Bert’s attorney challenges the use of Karen’s statement at trial claiming that Bert had a reasonable expectation of privacy which was violated when Karen opened the door and overheard the conversation. The judge will find in favor of Bert as Karen’s action and subsequent statements violate Bert’s Fourth Amendment rights.
14. In accepting a plea bargain, the defendant gives up the constitutional right to a jury trial.
15. The National Crime Information Center
|A.is an arm of the FBI|
|B. keeps all records on all persons convicted of crimes|
|C. keeps records opf federal jurisdictions only|
|D.is open to anyone to do searches|
16. Which of the following is in correct chronological order?
|A. direct examination, redirect, cross examination, recross|
|B. cross examination, direct examination, redirect, recross|
|C. direct examination, cross examination, redirect, recross|
|D. direct examination, cross examination, recross, redirect|
17. The right to counsel is guaranteed in
|A. the Fourth Amendment|
|B. the Magna Carta|
|C. the Sixth Amendment|
|D. the Eighth Amendment|
18. Excessive bail is prohibited by the Eight Amendment.
19. A law provides due process if it
|A.is an ex post facto law|
|B. gives notice of prohibited conduct|
|C. invites arbitrary enforcement|
|D.is enforced based on at least three of its four elements|