Chapter 5: Criminal Law and Procedure

Question 1

What are the different classifications of crimes (from serious to least serious)?

Answer 1

1. Felony
2. Misdemeanor
3. Infraction

Question 2

What are the purposes of criminal sanctions?

Answer 2

1. Incapacitation
2. Deterrence
3. Rehabilitation

Question 3

To convict a defendant of a crime, the government must:

Answer 3

1. Demonstrate that alleged acts violated a criminal statute
2. Prove beyond a reasonable doubt that the defendant committed the acts
3. Prove the defendant had the capacity of criminal intent

Question 4

What guarantees Constitutional protections?

Answer 4

Bill of Rights: first ten amendments to the U.S. Constitution

• Literally binds only the federal government, but applied to state through the due process clause of the Fourteenth Amendment

Question 5

What is ex post facto?

Answer 5

Government may not enact an ex post facto (after the fact) law

• Thus a person cannot be charged with a crime for an act that when committed was not a crime
• Constititutionally protected behavior cannot be criminal

Question 6

Does the government protect obscene expression?

Answer 6

No, the First Amendment allows the government to regulate indecent speech and does not protect obscene expression

• To determine if expression is obscene, courts apply the three-part Miller test

Question 7

What are the three types of criminal sanctions?

Answer 7

1. Deterrence
2. Rehabilitation
3. Incapacitation

Question 8

What is deterrence? What are the two types of deterrence?

Answer 8

The threat or imposition of punishment deters the commission of crimes

• Special deterrence: Punishment of a defender deters him from committing further crimes
• General deterrence: Results when punishment of an offender deters him from committing further crimes

Question 9

What is rehabilitation?

Answer 9

Changing the attitudes or values of convicted offenders so that they are not inclined to commit future offenses

Question 10

What is incapacitation?

Answer 10

Refers to the effect of a sentence in terms of positively preventing (rather than merely deterring) future offending

Question 11

What are the three recognized types of incapacity?

Answer 11

1. Intoxication
2. Infancy
3. Insanity

Question 12

What are the steps in a criminal procedure?

Answer 12

1. Arrest and booking of defendant
2. Arrest report filed with prosecutor
3. If defendant charged, complaint filed

Question 13

What are the three types of pleas a defendant can enter?

Answer 13

1. Guilty
2. Not guilty
3. Nolo contendere (no contest)

Question 14

What is the Fourth Amendment?

Answer 14

Protects persons against unreasonable and arbitrary searches and seizures

• Interpreted by Supreme Court to protect a reasonable expectation of privacy
• General rule: warrantless searches are unreasonable (unconstitutional)

Question 15

What is not considered a “search”?

Answer 15

• Visual observation of things or activities in public view
• Narcotics detection dogs used in a public place to investigate luggage or cars
• Enhanced aerial photography of a facility

Question 16

Supreme Court has held that constitutional warrantless searches include:

Answer 16

• Area within an arrestee’s immediate control
• Premises police enter in hot pursuit of an armed suspect
• Stop-and-frisk searches for weapons
• Inventory searches of property in an arrestee’s possession
• Consensual searches
• Exigent circumstances

Question 17

What is the exclusionary rule?

Answer 17

Prevents the use of evidence seized in an illegal search in a subsequent trial of the defendant

Question 18

What does the Fifth Amendment protect?

Answer 18

Provides a privilege or protection against compelled testimonial self-incrimination

• Practical meaning: A person may remain silent if making a statement would assist the government in prosecuting the person
• Miranda warnings safeguard the right
• Also prohibits prosecutorial comments at trial about the defendant’s failure to testify

Question 19

Self-incrimination privilege applies to:

Answer 19

• Testimonial admissions, so police may compel a defendant to provide non-testimonial evidence (fingerprints, body fluids, hair)
• Applies only to humans (not corporations)
• Applies only if a defendant could be charged with a crime (not merely a civil lawsuit)

Question 20

What does the double jeopardy clause protect?

Answer 20

Protects defendants from multiple criminal prosecutions for the same offense

Question 21

What is the Sixth Amendment?

Answer 21

Applies to criminal cases by guarantees of a

• Speedy trial
• Impartial jury
• Right to confront and cross-examine witnesses
• Right to effective assistance of counsel

Question 22

What are three white collar crimes?

Answer 22

1. Regulatory offenses: Example: violating the Clean Water Act
2. Fraudulent acts: Example: false claims, fraudulent concealment, wire fraud
3. Sarbanes-Oxley act violations: Example: knowingly altering documents or business records with the intent to impede a government investigation