Deck 7: Other Criminal Defenses

Question 1

Foreign diplomatic officers in the United States are immune from:

A)arrest.
B)prosecution.
C)both arrest and prosecution.
D)punishment for all crimes except felonies.

Answer 1

C

Question 2

Many grants of immunity come after a witness asserts his or her _____ Amendment privilege against self-incrimination.

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Answer 2

B

Question 3

The doctrine that prevents a second determination of a charge or issue once it has been judicially determined in a case involving the same parties is called:

A)jeopardy.
B)corpus delicti .
C)double jeopardy.
D)estoppel judicata .

Answer 3

C

Question 4

At times, a mistake of fact can serve as a defense to criminal liability.

Question 5

The prohibition against double jeopardy is found in the Sixth Amendment to the US Constitution.

Question 6

While the legislature is in session or legislators are traveling to the legislature, both the US and most state constitutions provide immunity from:

A)arrest.
B)prosecution.
C)both arrest and prosecution.
D)serving a sentence.

Question 7

The US Constitution states a defendant must be tried within six months of arrest.

Question 8

Mistake of fact may not be used as a defense for a ______ offense:

A)felony
B)misdemeanor
C)capital
D)strict liability

Question 9

Double jeopardy does not bar successive prosecutions of a defendant convicted of one offense if the subsequent prosecution involves:

A)a different or separate offense.
B)retrying a person who was previously found not guilty by reason of insanity.
C)a new attorney.
D)a different judge.

Question 10

​ A mistake of fact can be a defense if it:

A)negates the mens rea .
B)is an act or omission.
C)is unreasonable.
D)breaks the chain of causation.

Question 11

The purpose of the Double Jeopardy Clause is to ensure that the government does not make repeated efforts to retry individuals for an alleged offense after an acquittal, thereby making the individual live in a continuing state of anxiety and insecurity.

Question 12

The "separate offense" rule states that where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision:

A)requires proof of an additional fact which the other does not.
B)occurred in the same location.
C)occurred at the same time.
D)was a felony or misdemeanor.

Question 13

Should the conduct of law enforcement agents be deemed outrageous, it may violate the defendant's right to due process.

Question 14

The purpose of the Double Jeopardy Clause is to ensure that the government does not waste valuable resources retrying criminal defendants with little chance of success.

Question 15

The two types of immunity which may be granted to a witness or suspect are:

A)overt and covert.
B)latent and patent.
C)transactional and use.
D)absolute and contingent.

Question 16

Double jeopardy means that a person who has been acquitted by a judge or a jury may not be tried again, unless subsequent investigation reveals evidence that proves conclusively that the defendant is guilty.

Question 17

The general rule is that ignorance of the law is:

A)not a defense.
B)a defense only to crimes of violence.
C)is a defense.
D)is a defense only in capital cases.

Question 18

Diplomatic immunity for consular officers is not absolute.

Question 19

The doctrine that different governments may each file separate criminal actions for the same criminal act is the "dual sovereignty" doctrine.

Question 20

In most states, duress is not a defense to a charge of murder. ​

Question 21

In the case of escape from prison or jail, duress or coercion may:

A)never be used as a defense.
B)be a defense only in limited circumstances.
C)be a defense only if the defendant was subjected to cruel and unusual punishment.
D)be a defense only if the defendant is innocent of the charge.

Question 22

In a bench or court trial, jeopardy attaches once the:

A)first witness is sworn in.
B)prosecution rests its case-in-chief.
C)judge reaches a verdict.
D)judge imposes a sentence.

Question 23

The right to a speedy trial commences when a person:

A)becomes the target of a criminal investigation.
B)testifies before a grand jury.
C)is officially charged with a crime.
D)appears with counsel for trial.

Question 24

Double jeopardy applies:

A)if a mistrial occurs before jeopardy has attached.
B)if one action is criminal and one civil.
C)only if the defendant is convicted in the first trial.
D)when the trials are for the same offense in the same court.

Question 25

Where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether:

A)the acts occurred at the same time.
B)each provision requires proof of an additional fact which the other does not.
C)the acts occurred sequentially in time.
D)one crime is a lesser-included offense of the other.

Question 26

Double jeopardy prohibits a person from being tried: ​

A)for an offense and then for a lesser-included offense.
B)by both state and federal governments for the same offense.
C)by two different states for the same offense.
D)again after the appellate court grants a new trial.

Question 27

The protection against double jeopardy is found in the _____ Amendment.

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 28

The elements of the defense of entrapment are:

A)improper government inducement of the crime and lack of predisposition on the part of the defendant to engage in the criminal conduct.
B)improper inducement of the crime and lack of predisposition on the part of the defendant to engage in the criminal conduct.
C)improper government inducement of the crime and predisposition on the part of the defendant to engage in the criminal conduct.
D)All of these choices.

Question 29

​ The "choice of evils" defense is also known as the ______ defense.

A)coercion
B)entrapment
C)necessity
D)duress

Question 30

​ In most states, duress is not a defense to:

A)murder.
B)treason.
C)any crime.
D)any property crime.

Question 31

When using the defense of duress, defendants admit they committed the crime but did so only because they were:

A)ordered to do so by a superior.
B)forced to become intoxicated or drugged.
C)tricked by law enforcement.
D)threatened with death or serious bodily injury if they did not commit the crime.

Question 32

If a defendant is tried for the same offense by both the state and federal governments, this is:

A)always a violation of double jeopardy.
B)not a violation of double jeopardy.
C)not a violation of double jeopardy if the first trial resulted in acquittal.
D)a violation of double jeopardy only if the first trial resulted in acquittal.

Question 33

A factor not used to determine when a speedy trial violation has occurred is:

A)the length of the delay.
B)the reason for the delay.
C)the prejudice resulting from the delay.
D)None of these choices.

Question 34

If the defendant has a reasonable alternative, and harm is not imminent, the defendant may:

A)not utilize the necessity defense.
B)utilize the necessity defense.
C)utilize the necessity defense only to take the life of another.
D)utilize the necessity defense in misdemeanor, not felony cases.

Question 35

______ is the defense that alleges that a law enforcement officer has improperly induced the defendant to commit the crime when the defendant was not predisposed to engage in the criminal conduct.

A)Frame-up
B)Entrapment
C)Collateral citation
D)Jinx

Question 36

In a jury trial, jeopardy attaches once the:

A)jury is sworn.
B)first witness is sworn in.
C)jury reaches a verdict.
D)judge imposes a sentence.

Question 37

The ________ test is used to determine when a speedy trial violation has occurred.

A)four-factor balancing
B)five-factor balancing
C)six-factor balancing
D)seven-factor balancing

Question 38

The constitutional right to a speedy trial is found in the _____ Amendment.

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 39

The doctrine that allows the federal and a state government to file separate criminal actions for the same criminal act is called:

A)federalism.
B)dual sovereignty.
C)res collateral .
D)bi-level solution.

Question 40

______ is a defense based on unacceptable government persuasion even though the defendant admittedly chose to commit the crime.

A)Entrapment
B)Frame up
C)Set up
D)Necessity

Question 41

______ is a defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act.

A)Duress
B)Coercion
C)Compulsion
D)Necessity

Question 42

The purpose of the Double Jeopardy Clause is:

A)to ensure that the government does not waste valuable resources retrying criminal defendants with little chance of success.
B)to force prosecutors to make the best case possible the first time.
C)to prevent prosecutors from picking and choosing which cases they try.
D)to ensure that the government does not make repeated efforts to retry individuals for an alleged offense after an acquittal, thereby making the individual live in a continuing state of anxiety and insecurity.

Question 43

A defense of mistake of fact will be disallowed under:

A)strict liability.
B)an alibi defense.
C)joint severability.
D)ignorance of law defense.

Question 44

Ivan works for the Russian diplomatic delegation in Chicago as a part of the Russian Federation Consulate. On Friday night, Ivan has too much to drink and is involved in an automobile accident where several people are injured. Ivan provides identification to the Chicago City Police, and demands to be released immediately.

A)Ivan's work at the Russian Consulate in Chicago provided him with: ​
B)limited immunity.
C)absolute immunity.
D)diplomatic immunity.
E)full immunity.

Question 45

Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny's sister if Johnny didn't bring them illegal booze.

A)Given the circumstances, in most states, Johnny would not be acquitted of:
B)murder.
C)robbery.
D)public drunkenness.
E)underage drinking.

Question 46

Under ____ immunity, statements made by the witness may not be used in subsequent prosecutions.

A)transactional
B)use
C)diplomatic
D)legislative

Question 47

A witness enjoys immunity from criminal prosecution related to the subject matter in ______ immunity.

A)transactional
B)use
C)diplomatic
D)legislative

Question 48

Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny's sister if Johnny didn't bring them illegal booze.

A)During the trial, the government calls witnesses who claim to have seen Mary at the scene of the crime. This requirement is called: ​
B)corpus delicti .
C)affirmative defense.
D)entrapment.
E)burden of proof.

Question 49

A person who forces another to commit a crime may be charged with:

A)duress.
B)coercion.
C)compulsion.
D)necessity.

Question 50

A(n) _____ is any defense that assumes the charges to be correct but raises other facts that present a valid excuse.

A)corpus delicti
B)affirmative defense
C)negative defense
D)burden of proof

Question 51

Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny's sister if Johnny didn't bring them illegal booze.

A)Johnny's defense would be: ​
B)coercion.
C)entrapment.
D)necessity.
E)duress.

Question 52

A ______ sets the maximum time the government has to prosecute a violation of a criminal law.

A)statute of limitations
B)statute of expirations
C)statute of elimination
D)statute of finiteness

Question 53

The burden of proof for an affirmative defense rests upon the:

A)defense.
B)prosecution.
C)judge.
D)police.

Question 54

Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny's sister if Johnny didn't bring them illegal booze.

A)On the other hand, the burden of proof for an affirmative defense rests with:
B)Mary.
C)the prosecution.
D)the judge.
E)the police.

Question 55

Ivan works for the Russian diplomatic delegation in Chicago as a part of the Russian Federation Consulate. On Friday night, Ivan has too much to drink and is involved in an automobile accident where several people are injured. Ivan provides identification to the Chicago City Police, and demands to be released immediately.

A)If in fact Ivan was the son of the Russian ambassador, he may gain his freedom if: ​
B)he was under 21 years old.
C)he was 30 years old but enrolled in college.
D)he has dual citizenship.
E)his visa had expired so he shouldn't be in the US anyway.

Question 56

Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny's sister if Johnny didn't bring them illegal booze.

A)A government witness testifies that she and Mary murdered Bob. In exchange for the testimony, the witness is assured that she will not be prosecuted for the murder; this is an example of ____ immunity.
B)transactional
C)use
D)diplomatic
E)legislative

Question 57

Ivan works for the Russian diplomatic delegation in Chicago as a part of the Russian Federation Consulate. On Friday night, Ivan has too much to drink and is involved in an automobile accident where several people are injured. Ivan provides identification to the Chicago City Police, and demands to be released immediately.

A)Ivan was arrested and charged with various criminal offenses. He may gain his freedom by arguing that: ​
B)he was performing a task for the Consulate when the accident occurred. ​
C)being attached to the Consulate conferred absolute immunity upon him.
D)diplomatic immunity covers all foreign nationals.
E)his father is the Russian ambassador to the United States.

Question 58

In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a party to the crime is called:

A)corpus delicti .
B)affirmative defense.
C)entrapment.
D)burden of proof.

Question 59

Ivan works for the Russian diplomatic delegation in Chicago as a part of the Russian Federation Consulate. On Friday night, Ivan has too much to drink and is involved in an automobile accident where several people are injured. Ivan provides identification to the Chicago City Police, and demands to be released immediately.

A)Ivan's demand to be released immediately and not charged with any crime is based on:
B)diplomatic immunity.
C)legislative immunity.
D)witness immunity.
E)international law.

Question 60

Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny's sister if Johnny didn't bring them illegal booze.

A)If Bill and John had threatened Johnny, rather than Johnny's sister, then Johnny could claim the ______ defense.
B)coercion
C)entrapment
D)necessity
E)duress

Question 61

Explain the difference between mistake of fact and mistake of law and when either one of them can be used as a defense to a criminal charge, if at all.

Question 62

The right against double jeopardy is found in the __________ Amendment.

Question 63

In a jury trial, jeopardy attaches when a __________ is sworn.

Question 64

Under _____ immunity the witness enjoys immunity from criminal prosecution related to the subject matter.

Question 65

At times, a ____ of fact can serve as a defense to criminal liability.

Question 66

Distinguish between a prosecution for the same offense or for a separate offense.

Question 67

A statute that sets the maximum time the government has to prosecute a violation of a criminal law is called the  ____.

Question 68

Compare and contrast diplomatic and legislative immunity.

Question 69

If the harm sought to be avoided by committing the crime is greater than the harm of the crime itself, the defendant may have the defense of ____________.

Question 70

Under the ________ sovereignty doctrine, different governments may each file separate criminal actions for the same criminal act.

Question 71

In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a party to the crime is called ______.

Question 72

The constitutional requirement for a speedy trial must be complied with unless the defendant _________ that right.

Question 73

A(n) _____ defense is any defense that assumes the charges to be correct but raises other facts that present a valid excuse.

Question 74

Explain when a witness can be granted immunity and the different types of immunity that can be extended to witnesses.

Question 75

Failure to try a defendant within the time necessary to satisfy the speedy trial requirement may result in ___________ of the criminal charge.

Question 76

Explain how the defense of duress differs from a necessity defense. Give an example of each.

Question 77

A successful entrapment defense must establish the government's improper inducement and the defendant's lack of ___________ to commit the crime.

Question 78

In a case involving an entrapment defense, the ______ has the initial burden of coming forward with evidence.

Question 79

The two kinds of witness immunity are transactional immunity and ____ immunity.

Question 80

Samuel was tried in federal court and acquitted on the charge of robbing a federally insured bank. He was then convicted in state court for the same offense. The second conviction:

A)violates the Fifth Amendment because he was tried twice for the same offense.
B)violates the Fifth Amendment because he can only be convicted on the second prosecution if he was convicted on the first.
C)does not violate the Fifth Amendment because he was convicted by different jurisdictions.
D)does not violate the Fifth Amendment because he was acquitted on the federal charge.