Question 1

Which of the following motions would not be made after a trial?

Accepted Answer

A motion in limine is a pre-trial motion to exclude certain evidence or arguments from being presented at trial. Therefore, it would not be made after a trial has already occurred. The other motions listed (motion for new trial, motion for a judgment of acquittal) are post-trial motions that can be made after a trial has concluded. A motion in limine is made before or during a trial to assess the admissibility of certain evidence, not after a trial. The other motions listed (Motion for New Trial and Motion for a Judgment of Acquittal) are commonly made after a trial has concluded.

Question 2

The Constitutional protection against ex post facto laws requires that, for an act to constitute a crime, there must be a prior statutory prohibition.

Accepted Answer

The Constitutional protection against ex post facto laws prohibits retroactive criminalization of conduct, meaning that an act cannot be considered a crime if there was no prior statutory prohibition in place. The Constitutional protection against ex post facto laws prohibits retroactive criminal laws, meaning that individuals cannot be punished for behavior that was not criminal at the time it occurred. To be considered a crime, there must have been a prior statutory prohibition in place.

Question 3

Involuntary manslaughter such as vehicular homicide involves the killing of another by criminal negligence or reckless or wanton conduct without a specific intent.

Accepted Answer

Involuntary manslaughter, including vehicular homicide, typically refers to unintentionally causing someone's death through negligent or reckless behavior, rather than with a specific intent to kill. Involuntary manslaughter, including vehicular homicide, is defined as the unintentional killing of another person due to criminal negligence, reckless or wanton conduct, without a specific intent to kill.

Question 4

Which crime carries the most serious potential punishment?

Accepted Answer

Felony carries the most serious potential punishment, which can range from a lengthy prison sentence to capital punishment. Misdemeanors, infractions or violations, and Class A misdemeanors are all less serious crimes with less severe punishments. Felony is the most serious of all crimes and carries the harshest punishments, including imprisonment for more than a year, fines, or even the death penalty in some cases. Misdemeanors, infractions, and violations generally carry lesser punishments. Class A misdemeanors may carry serious punishment but are still considered lesser than a felony.

Question 5

Which of the following are not rights contained in the 5th Amendment to the U.S.Constitution?

Accepted Answer

All of the other choices (A, B, and D) are rights contained in the 5th Amendment. The right to a speedy and public trial is actually contained in the 6th Amendment. The right to a speedy and public trial is actually contained in the 6th Amendment, not the 5th. The other three rights listed (against double jeopardy, against self-incrimination, and to due process) are all contained in the 5th Amendment.

Question 6

A decision by the prosecutor to not pursue a criminal charge, often used in combination with the defendant pleading guilty to a lesser offense as the result of plea bargaining, is known as a nolle prosequi.

Accepted Answer

A nolle prosequi is indeed a decision by the prosecutor not to pursue a criminal charge. It is often used in combination with plea bargaining, where the defendant pleads guilty to a lesser offense in exchange for the prosecutor dropping or reducing the original charge. The statement is correct.

Question 7

A failure to give Miranda warnings to a person who is being booked at the police station would exclude fingerprints from being used as evidence at trial.

Accepted Answer

Failure to give Miranda warnings would not affect the admissibility of fingerprints as evidence at trial. Miranda warnings are required before any custodial interrogation, but fingerprinting is not considered an interrogation. Failure to provide Miranda warnings would not exclude the use of physical evidence, such as fingerprints, at trial. Miranda warnings are only necessary prior to custodial interrogations to inform the suspect of their rights to remain silent and have an attorney present.

Question 8

In a criminal case, the prosecutor must prove guilt beyond a reasonable doubt.

Accepted Answer

This is a fundamental principle of criminal law in the United States and many other countries. The burden of proof is on the prosecution to show that the defendant committed the crime beyond any reasonable doubt, meaning that there is no other logical explanation based on the evidence presented. If the prosecutor cannot meet this high standard, the defendant should be acquitted. This is a fundamental principle of the justice system in many countries, including the United States. In order for a defendant to be convicted of a crime, the prosecutor must present evidence that proves guilt beyond a reasonable doubt to a jury or judge.

Question 9

Embezzlement is a form of larceny where access to money is lawful but is wrongfully diverted to the accused, such as an employee who steals money from his or her employer.

Accepted Answer

Embezzlement is a form of larceny where the accused has lawful access to the money, but wrongfully diverts it for their own use. This commonly occurs among employees who steal money from their employers. Embezzlement involves lawful access to money or property that is then wrongfully taken by the accused. It is a form of larceny.

Question 10

A person may be guilty of arson if he intentionally causes the wrongful burning of a building.

Accepted Answer

Arson is defined as the intentional and wrongful burning of a building. Therefore, intentionally causing such burning would be considered arson and could result in criminal charges. Arson is defined as intentionally causing a fire or explosion that damages or destroys property. If a person intentionally sets fire to a building, and it causes wrongful damage or destruction, they can be charged with arson.

Question 11

The Supreme Court's incorporation doctrine applies the protections in the Bill of Rights to the states through which provision?

Accepted Answer

The incorporation doctrine applies the protections in the Bill of Rights to the states through the Equal Protection Clause of the Fourteenth Amendment. This doctrine has been used by the Supreme Court to ensure that state governments must also adhere to certain fundamental protections afforded in the Bill of Rights, effectively nationalizing the scope of those rights.

Question 12

Double jeopardy prevents the prosecutor from pursuing a second trial in a criminal case if the jury fails to reach a unanimous decision.

Accepted Answer

Double jeopardy protects against being tried again for the same crime after an acquittal or conviction, not in cases of a hung jury, where a retrial is typically allowed.

Question 13

Marsha hears an intruder in her house.She hides behind a door and hits the intruder on the head with a baseball bat when he enters the room Which of the following would be raised by her as a defense to criminal charges of assault?

Accepted Answer

Marsha would argue that she acted in self-defense or defense of others, as she felt that she was in danger and needed to use force to protect herself. This is a valid defense to a charge of assault in many jurisdictions. Entrapment and insanity or lack of mental capacity are not applicable in this scenario. Defense of self or others is a valid legal defense to assault charges. Marsha can argue that she was using reasonable force to protect herself from the intruder who posed a threat to her safety. Entrapment and insanity/lack of mental capacity are not applicable in this scenario.

Question 14

A criminal statute may be found to be unconstitutionally overbroad if permissible conduct is also forbidden in the description of prohibited conduct.

Accepted Answer

The overbreadth doctrine holds that a statute is unconstitutional if it prohibits a significant amount of protected conduct in addition to the conduct it was designed to target. Therefore, if permissible conduct is also forbidden in the description of prohibited conduct, the statute is considered overbroad and potentially unconstitutional. This is the definition and requirement for a criminal statute to be considered overbroad.

Question 15

Which of the following motions would be made prior to trial to limit the evidence presented to the jury ?

Accepted Answer

A motion in limine is made prior to trial to request that certain evidence be excluded from being presented to the jury. A motion for change in venue deals with the location of the trial, and a motion to quash indictment challenges the validity of the charges being brought against the defendant. While all of these motions may be made prior to trial, only a motion in limine directly addresses limiting the evidence presented to the jury. A Motion in Limine is used to request that certain evidence or testimony be excluded from trial, without the jury being present. It is made prior to trial and allows the judge to make a decision on whether the evidence is admissible or not, without tainting the jury's perception of the evidence. The other options listed, such as a Motion for Change in Venue and Motion to Quash Indictment, do not specifically pertain to limiting evidence presented to the jury.

Question 16

A defendant can not represent himself in a criminal matter.

Accepted Answer

A defendant has the right to represent himself in a criminal matter, although it is generally not recommended as it can be difficult to navigate the legal system without legal expertise. A defendant has the constitutional right to represent himself in a criminal matter, although it is highly discouraged by the court system. However, if the defendant chooses to do so, the court may appoint standby counsel to provide legal advice if necessary.

Question 17

A first degree felony carries the same potential fine as a firs degree misdemeanor does.

Accepted Answer

A first degree felony carries a significantly higher potential fine than a first degree misdemeanor. A first degree felony carries a significantly higher potential fine than a first degree misdemeanor.

Question 18

Probation suspends a sentence after incarceration has begun; parole suspends the sentence before incarceration.

Accepted Answer

Probation suspends a sentence after the offender has been incarcerated, while parole allows an offender to be released from prison before their sentence has been fully served. Probation comes after incarceration, while parole is granted before the completion of the sentence. Therefore, the statement is false.

Question 19

An arrest warrant is signed by the prosecutor, authorizing the police to take the accused into custody.

Accepted Answer

An arrest warrant is signed by a judge or magistrate, not the prosecutor. An arrest warrant is signed by a judge, not the prosecutor.

Quiz 12: Criminal Law