Criminal Law & Procedures

Question 1

Due process requires that a criminal statute not be (i) ______. There must be a fair (ii) ________ and no (iii) ______ and discriminatory enforcement.

Answer 1

(i) vague; (ii) warning; (iii) arbitrary

Question 2

The inchoate crimes of (i) ______ and (ii) _______ merge if the crime is committed (though, (iii) ______ does not). Under the MPC, an individual may be convicted of only (iv) _____ inchoate crime, if the charges are based on the same offense

Answer 2

(i) attempt; (ii) solicitation; (iii) conspiracy; (iv) one

Question 3

The criminal act must be (i) ________

Answer 3

voluntary

Question 4

An (i) _______ can be an act if there was a legal (ii) ________, the defendant has knowledge of the duty, and it was (iii) _______ possible to perform the duty.

Answer 4

(i) omission; (ii) duty; (iii) reasonably

Question 5

The specific intent crimes are: (i) ________, (ii) ______, (iii) ___________ (the three inchoate crimes), (iv) first degree, premeditated _______, (v) _________, (vi) _________ (violent crimes against a person, with intent), and (vii) ________, (viii) __________, (ix) _______, (x) ________ ______, and (xi) __________ (the property crimes).

Answer 5

(i) solicitation; (ii) attempt; (iii) conspiracy; (iv) premeditated murder, (v) assault, (vi) robbery, (vii) larceny, (viii) burglary, (ix) forgery, (x) false pretenses, and (xi) embezzlement

Question 6

Common law (i) _____ and (ii) ______ are not specific intent, but are malice crimes, which require a reckless disregard for human life.

Answer 6

(i) murder; (ii) arson

Question 7

A person acts (i) _________ when his conscious objective is to engage in certain conduct or cause a certain result.

Answer 7

(i) purposefully

Question 8

A person acts (ii) _______ when he is aware that his conduct is of a particular nature.

Answer 8

(ii) knowingly

Question 9

A person acts (i) _______ when he consciously disregards a substantial and justifiable risk.

Answer 9

(i) recklessly

Question 10

A person acts (i) _____ when he fails to be aware of a substantial and unjustifiable risk.

Answer 10

(i) negligently

Question 11

General intent crimes require awareness of the (i) ____ contributing to the crime, but do not require specific intent to harm. These crimes include: (ii) _____, (iii) _______, (iv) ________, and (v) _______ _______.

Answer 11

(i) factors; (ii) battery; (iii) rape, (iv) kidnapping; (v) false imprisonment

Question 12

For specific intent crimes, there must be an intent to (i) ______ in the conduct. The test is (ii) _______.

Answer 12

(i) engage; (ii) subjective

Question 13

For general intent crimes, there must be (i) ______ of acting in specific conduct. The test is (ii) ________.

Answer 13

(i) awareness; (ii) subjective

Question 14

For malice crimes, there must be a (i) _______ _________ of a known risk. The test is (ii) _______.

Answer 14

(i) reckless disregard; (ii) subjective

Question 15

Purposeful mens rea requires a (i) _____ analysis of the defendant’s state of mind. Knowingly mens rea requires a (ii) _____ analysis of the defendant’s mind. Reckless analysis is both (iii) ______ and (iv) ______. Negligent analysis is (v) _____.

Answer 15

(i) subjective; (ii) subjective; (iii) subjective and (iv) objective; (v) objective

Question 16

Transferred intent applies to the crimes of homicide, battery, and arson, but it does not apply to (i) ________. Where there is transferred intent, the defendant is usually guilty of two crimes – the completed crime and an attempt against the intended victim.

Answer 16

(i) attempt

Question 17

(i) ___________ is the requirement that the defendant have the required intent at the same time as the act was committed.

Answer 17

(i) concurrence

Question 18

A principal commits the crime, and is liable for the crime. An (i) __________ aids or encourages the principal, and is liable for the principal crime if the accomplice intended to (ii) ______ or ______ the crime. An (iii) _______ after the fact knowingly lends aid to one who has committed a felony, and is liable for less serious crimes.

Answer 18

(i) accomplice; (ii) aid or encourage; (iii) accessory

Question 19

An accomplice requires dual intent: the intent to (i) ___ the principal, and the intent that the principal (ii) _____ the crime.

Answer 19

(i) aid; (ii) commit

Question 20

Mere (i) ________ that a crime will result is not enough to establish accomplish liability.

Answer 20

(i) knowledge

Question 21

An accomplice is liable for any crimes he aided and for any crimes committed by the principal that were (i) ______.

Answer 21

(i) foreseeable

Question 22

Members of a statutory protected class are (i) _______ from accomplice liability.

Answer 22

(i) immune

Question 23

A person can (i) _____ from a crime before it is committed. (ii) _______ is sufficient for mere encouragement. (iii) attempt to _______ is required if the individual participated beyond encouragement.

Answer 23

(i) withdraw; (ii) repudiation; (iii) neutralize

Question 24

A conspiracy requires an (i) ______ between two or more person, an (ii) ______ to enter into the agreement, and an intent by at least two persons to (iii) ________ the _____ of the agreement. Unlike common law, most states also require an (iv) ______ act.

Answer 24

(i) agreement; (ii) intent; (iii) achieve the objective; (iv) overt

Question 25

A conspiracy is complete upon (i) _______ with requisite intent and an (ii) ______ act. After that, it’s too late to withdraw. If an individual withdraws via an (iii) _______ act that notifies the other members of her withdrawal, in time for the other members to (iv) ______ plans, she may not be charged with crimes committed in furtherance of the committed. BUT, if the individual was an (v) _________, she must try to neutralize the assistance.

Answer 25

(i) agreement; (ii) overt; (iii) affirmative; (iv) abandon; (v) accomplice

Question 26

(i) ______ is the intent to commit a crime, but falling short of completing it. All attempt charges are specific intent. Further, the defendant must commit an (ii) _____ act beyond mere (ii) _____ for the offense. Courts usually use the “substantial step” test.

Answer 26

(i) attempt; (ii) overt

Question 27

(i) ______ impossibility (e.g., the bomb had no powder) is not a defense.

Answer 27

(i) factual

Question 28

Generally, there is no (i) ________ as a defense to attempt.

Answer 28

(i) withdrawal

Question 29

The M’Naghten rule says that a defendant is entitled to acquittal if there is a (i) ____ of the mind, and that disease caused a (ii) _____ in reason, such that the defendant lacked the ability to either know (iii) ______ from _______ or understand the (iv) _____ and quality of his actions.

Answer 29

(i) disease; (ii) defect; (iii) right from wrong; (iv) nature

Question 30

Under the irresistible impulse insanity test, a defendant is entitled to acquittal if, because of mental illness, he could not (i) ______ his actions or (ii) _________ to the law.

Answer 30

(i) control; (ii) conform

Question 31

Under the Durham / New Hampshire test, a defendant is entitled to acquittal if the crime was a (i) ______ of his (ii) _______ illness.

Answer 31

(i) crime; (ii) mental

Question 32

The MPC insanity approach is a combination of M’Naghten and Irresistible Impulse: a defendant must lack substantial capacity to (i) _________ the criminality of his conduct, or (ii) to _____ his conduct to the law.

Answer 32

(i) appreciate; (ii) conform

Question 33

The defendant has the burden of proving an insanity defense by a (i) _________ of evidence.

Answer 33

(i) preponderance

Question 34

Voluntary intoxication may be offered to rebut (i) ______ or (ii) ________ in specific intent crimes, but it is not relevant for general intent, malice, or strict liability.

Answer 34

(i) purpose; (ii) knowledge

Question 35

In general, a child under the age of 13 / 14 _____ be convicted of a crime.

Answer 35

cannot

Question 36

Self defense must be based on an (i) ________ threat. (ii) ______ force may be used to avoid injury or protect (iii) _______. (iv) _______ force is only justified to prevent death or (v) _______ bodily injury.

Answer 36

(i) imminent; (ii) non-deadly; (iii) property; (iv) deadly; (v) serious

Question 37

Non-deadly force is available if the person (i) ______ believes it necessary (objective). Deadly force requires that the defendant be without (ii) _______, that he is confronted with an unlawful force, and that he (iii) ______ believes that he is threatened with imminent death or serious bodily injury.

Answer 37

(i) reasonably; (ii) fault; (iii) reasonably

Question 38

A minority of states require retreat, and the victim must do so, if he may do so safely, unless, (i) the victim is in his own _________, the attack occurs while the victim is making a lawful (ii) ________, or the assailant is in the process of (iii) ______ the victim.

Answer 38

(i) home; (ii) arrest; (iii) robbing

Question 39

An aggressor may only use force in defense if she (i) _______ withdraws, and communicates that to the other party, and (ii) the other party suddenly ____________ the fight into a deadly altercation, and there is no chance to (iii) _______.

Answer 39

(i) effectively; (ii) escalates; (iii) withdraw

Question 40

(i) _______ force may never be used to protect property. A person may only use force to regain property if he is in (ii) _____ pursuit of the taker.

Answer 40

(i) deadly; (ii) hot

Question 41

(i) _____ is a defense to any crime other than (ii) ________ homicide, if the defendant (iii) _____ believed that another person would imminently inflict (iv) ____ or (v) _____ bodily harm upon him or a member of his family if he did not commit the crime.

Answer 41

(i) duress; (ii) intentional; (iii) reasonably; (iv) death; (v) serious

Question 42

Generally, (i) ______ of the victim is not a valid defense, except for minor assaults, battery, and (ii) ______

Answer 42

(i) consent; (ii) rape

Question 43

Entrapment exists only if the (i) criminal _____ began with law enforcement, and the defendant was not (ii) _______ to commit the crime prior to the government action. Private action cannot create entrapment. Provision of contraband does not create entrapment.

Answer 43

(i) design; (ii) predisposed

Question 44

Criminal battery is an (i) ________ touching resulting in (ii) _____ or an (iii) ______ touching. Aggravated battery includes a battery with a (iv) _______ weapon, a battery that results in (v) _____ bodily harm, or the battery of a (vi) _______, woman, or police officer.

Answer 44

(i) unlawful; (ii) injury; (iii) offensive; (iv) deadly; (v) serious; (vi) child

Question 45

Criminal assaults is either the (i) ______ to commit a battery or the intentional creation of a reasonable (ii) _______ in the mind of the victim of imminent bodily harm.

Answer 45

(i) attempt; (ii) apprehension

Question 46

Murder is the unlawful killing of a human being with (i) _____ aforethought. There must be (i) _____ to kill, intent to inflict (ii) ______ bodily injury, (iii) _____ indifference to an unjustifiable high risk to human life, or an intent to commit a (iv) _______.

Answer 46

(i) intent; (ii) serious; (iii) reckless indifference; (iv) felony

Question 47

(i) _______ manslaughter is a killing that would be murder BUT FOR the existence of adequate (ii) ________. The provocation must arouse sudden and intense (iii) _____ in the mind of an ordinary person; the defendant must be in fact provoked (subjective); there is not sufficient (iv) ______ between provocation and the killing to cool; (v) thew defendant in fact did not cool off.

Answer 47

(i) voluntary; (ii) provocation; (iii) passion; (iv) time

Question 48

(i) _____ manslaughter is a killing committed with criminal (ii) ___________ (or recklessness), or in some states, a killing that resulted during the commission of an (iii) ____ act (misdemeanor or felony not within felony murder).

Answer 48

(i) involuntary; (ii) negligence; (iii) criminal

Question 49

For felony murder, the felony must be (i) _____ from the killing itself, the death must have been a (ii) _____ result of the felony, and the death must have been caused before the defendant’s immediate (iii) ________. Under the proximate cause theory, defendants are liable for (iv) _______ killings, but under the agency theory, the defendant is only liable if his _________ commits the murder.

Answer 49

(i) distinct; (ii) foreseeable; (iii) flight; (iv) proximate; (v) agency

Question 50

False imprisonment is the unlawful (i) ______ of a person without his (ii) __________.

Answer 50

(i) confinement; (ii) consent

Question 51

(i) ________ is the unlawful (i) ________ of the victim or (ii) ________ of the victim in a secret place.

Answer 51

(i) kidnapping; (ii) movement; (iii) concealment

Question 52

Larceny is a (i) _____ and (ii) ______ away of tangible personal (iii) ________ of another by (iv) _______ (without the other party’s consent), with an intent to (v) _______ deprive.

Answer 52

(i) taking; (ii) carrying; (iii) property; (iv) consent; (v) deprive

Question 53

Embezzlement is the (i) _______ (ii) ________ of personal property of another, by a person in lawful (iii) _____ of the property.

Answer 53

(i) fraudulent; (ii) conversion; (iii) possession

Question 54

False pretenses is obtaining (i) _______ to the personal property of another, by an intentional (ii) _______ statement, with an intend to (iii) ________

Answer 54

(i) title; (ii) false; (iii) defraud

Question 55

If a victim is tricked to giving up (i) ______, but not title, of a possession, the charge is (i) _______ by _____.

Answer 55

(i) custody; (ii) larceny by trick

Question 56

Robbery is a (i) ______ of the personal property of another from the other person’s (ii) ________ or in his presence, by (iii) _________ or threaten of immediate death or physical injury to the victim, his family, or someone in his presence, with the intent to permanently (iv) _______ the victim of his property.

Answer 56

(i) taking; (ii) person; (iii) force; (iv) deprive

Question 57

Receipt of stolen property is the receipt of (i) ____ of stolen property, (ii) _____ to have been obtained in a criminal manner by another person, with the intent to permanently (iii) ________ the owner of his interest.

Answer 57

(i) possession; (ii) known; (iii) deprive

Question 58

Forgery is making a writing so that it is false, with the (i) intent to _____-

Answer 58

defraud

Question 59

Burglary is a (i) _________ (anything less than consent) and (ii) _______ (even one finger over the threshold) of a dwelling of another at nighttime (though modern statutes excuse dwelling and nighttime requirements), with the intent to commit a (iii) _______ at the time of entry.

Answer 59

(i) breaking; (ii) entry; (iii) felony

Question 60

Arson is the (i) ________ burning of the dwelling of another. Modern arson extends the application to explosions and commercial buildings.

Answer 60

(i) malicious

Question 61

The fourth amendment prohibits unreasonable (i) _____ and _______.

Answer 61

Searches and seizures

Question 62

The fifth amendment provides the privilege against compulsory (i) ____-__________, and a prohibition against (ii) ________ jeopardy

Answer 62

(i) self-incrimination; (ii) double jeopardy

Question 63

The sixth amendment includes a right to a (i) ____ trial, a (ii) _____ trial, a trial by (iii) _______, the right to confront (iv) _________, and the right to (v) __________ process for obtaining witnesses, and the assistance of (vi) ______.

Answer 63

(i) speedy; (ii) public; (iii) jury; (iv) witnesses; (v) compulsory; (vi) counsel

Question 64

The eight amendment has a prohibition against cruel and unusual (i) ______ and excessive (ii) ______.

Answer 64

(i) punishment; (ii) fines

Question 65

A (i) ______ occurs when, under the totality of the circumstances, a (ii) ______ person would not feel free to leave.

Answer 65

(i) seizure; (ii) reasonable

Question 66

An (i) _____ occurs when the police take someone into custody against her will for the purpose of prosecution or interrogation.

Answer 66

(i) arrest

Question 67

An arrest must be based on (i) ____ ________, which is trustworthy facts or knowledge sufficient for a reasonable person to believe the suspect has committed a crime.

Answer 67

(i) probable cause

Question 68

A warrant is generally not required to arrest someone in (i) _____

Answer 68

public

Question 69

When executing an arrest warrant, officers may only enter if there is (i) ______ to ______ the suspect is present.

Answer 69

(i) reason to believe

Question 70

If the police have a reasonable (i) ______ of criminal activity, supported by (ii) _______ facts, they may detain a person. If they also have a reasonable (iii) _______ that the person is armed and dangerous, they may (iv) _____ him for weapons. They may confiscate any contraband based on plain feel.

Answer 70

(i) suspicion; (ii) articulable; (iii) suspicion; (iv) frisk

Question 71

Police must have a reasonable (i) ______ that the law has been violated to stop a car. A police officers reasonable mistake of law does not invalidate any subsequent seizure.

Answer 71

(i) suspicion

Question 72

Roadblock enforcement must be (i) ________ and designed to a problem pertaining to automobiles (e.g., drunk driving)

Answer 72

(i) neutral

Question 73

An officer, after stopping a car, may order the occupants out. If he suspects they are armed, he may frisk the occupants and the (i) __________ compartment

Answer 73

(i) passenger

Question 74

There is no reasonable expectation of privacy in the sound of one’s own (i) _____, in one’s (ii) ________, in the paint on the outside of one’s vehicle, in one’s (iii) ____ accounts, in areas (iv) _______ (but nearby) the home, in (v) __________ left for collection, in land visible from a public space (even a (vi) _______), or the smell of one’s (vii) ______.

Answer 74

(i) voice; (ii) handwriting; (iii) bank; (iv) outside; (v) garbage; (vi) airplane; (vii) luggage

Question 75

Evidence obtained by a facially valid (i) _______ may be admitted, even if the warrant is later determined to be invalid.

Answer 75

Warrant

Question 76

A warrant must describe with reasonable precision the (i) _______ to be searched and (ii) _____ to be seized.

Answer 76

(i) place; (ii) items

Question 77

Police may detain third parties found on the promise of a search warrant, but they may not search their (i) ______, unless they are named in the warrant.

Answer 77

(i) persons

Question 78

Incident to a constitutional arrest, the police may search the person and areas within (i) _______. They can also make a protective (ii) ________ if they believe accomplices may be present. Police may search the interior of a (iii) _______ after securing a recent occupant in a squad car, if they believe the search is likely to yield evidence related to the arrest.

Answer 78

(i) Reach; (ii) sweep; (iii) car

Question 79

If an arrest is (i) _________, any search incident to that arrest is also unconstitutional.

Answer 79

(i) unconstitutional

Question 80

The police may search the passenger compartment of an automobile, incident to arrest, only if either (i) the arrestees is ________ and may still gain access to the compartment, or (ii) the police _________ believe evidence of the offense will be found in the vehicle.

Answer 80

(i) unsecured; (ii) reasonably

Question 81

Officers may no examine the (i) ______ of a cell phone without a warrant.

Answer 81

(i) data

Question 82

A (i) _____ swap is a reasonable search for a serious offense under the fourth amendment.

Answer 82

(i) DNA

Question 83

At the police station, the police may search an individual’s (i) __________ and impounded (ii) ________, incident to arrest.

Answer 83

(i) belongings; (ii) vehicle

Question 84

If police have (i) _____ case to believe that the vehicle contains evidence of a crime, they may search the whole vehicle and any container that may contain evidence, and may even tow the vehicle to the station to search it later. However, if the vehicle is parked on the (ii) ________ of the defendant’s home, the police may not search without a (iii) _______.

Answer 84

(i) probable; (ii) curtilage; (iii) warrant

Question 85

Police may make a warrantless seizure if they are (i) _______ present, (ii) ______ evidence or contraband, in (iii) _____ view, and have probable cause to believe the item is evidence or contraband of a crime.

Answer 85

(i) legally; (ii) discover; (iii) plain

Question 86

if public school officials have (i) _____ ____ for search, they can do it. Reasonable grounds include a (ii) ____ chance of finding evidence of wrongdoing, where the measures adopted to carry out the search are reasonable (iii) _____ to the objectives of the search, and the search is not excessively (iv) ______ in light of the age and sex of the student.

Answer 86

(i) reasonable grounds; (ii) moderate; (iii) related; (iv) intrusive

Question 87

A wiretap warrant can be issued if there is (i) ______ cause, the suspects are (ii) _______, the warrant describes with particularity the (iii) _____ to be overheard, the wiretap is for a (iv) ___ period of time, the wiretap is (v) _______ when desired information is obtained, and a return is made to court showing what conversations have been (vi) ______.

Answer 87

(i) probable; (ii) named; (iii) conversations; (iv) short; (v) terminated; (vi) recorded

Question 88

A confession must be (i) ________. The police cannot extract a confession from the defendant after he has been charged without the presence of (ii) _______ (unless it has been waived).

Answer 88

(i) voluntary; (ii) counsel

Question 89

A defendant has a right to counsel at post-indictment (i) ________ (whether custodial or not), at (ii) ______ hearings that determinate probable cause to prosecute, at (iii) ________, at any post-charge (iv) ______ of suspects, at a (v) _____ plea and sentencing, at a (vi) _____ trial, at a (vii) _______ trial when imprisonment is actually imposed, during (viii) trial _________, for appeals of (ix) ___________, and appeals of guilty pleas.

Answer 89

(i) interrogation; (ii) preliminary; (iii) arraignment; (iv) lineup; (v) guilty; (vi) felony; (vii) misdemeanor; (viii) recess; (ix) right

Question 90

There are several stages of prosecution where a defendant DOES NOT have the right to counsel. These include: (i) _____ samples, (ii) ______ and voice samples; (iii) pre-charge ________; (iv) photo identifications; (v) preliminary hearings to determine probable cause to ________; brief (vi) _______ at trial, (vii) _____ appeals, (viii) _______ proceedings, and any other post-conviction proceeding.

Answer 90

(i) blood; (ii) handwriting; (iii) line-ups; (v) detain; (vi) recesses; (vii) discretionary; (viii) parole and probation

Question 91

A sixth amendment waiver must be (i) _____ and voluntary.

Answer 91

(i) knowing

Question 92

The sixth amendment is offense (i) ______.

Answer 92

Specific

Question 93

At non-trial proceedings, the absence of counsel in violation of the sixth amendment will be judged by the (i) ______ error rule. Absence of counsel at trial is an (i) ______ reversal of conviction.

Answer 93

(i) harmless; (ii) automatic

Question 94

A statement obtained via interrogation in violate of the sixth amendment may not be used as substantive evidence, but may be used to (i) ________ a contrary statement of the defendant at trial. The rule is similar to the rule that applies to Miranda violations.

Answer 94

(i) impeach

Question 95

The Miranda warning is that the defendant has the right to remain (i) _______, anything he says can be (ii) ___ against him in court, he has the right to the presence of an (iii) ______, and if he cannot afford an attorney, one will be (iv) _______.

Answer 95

(i) silent; (ii) used; (iii) attorney; (iv) appointed

Question 96

The Miranda warning is required when the defendant is in (i) ________ and being (ii) ________.

Answer 96

(i) custody; (ii) interrogated

Question 97

Whether a defendant is in custody is a two step test: (i) is the defendant free to ________ the interrogation and leave? Second, is the environment the same inherently (ii) ______ pressure as the station house?

Answer 97

(i) terminate; (ii) coercive

Question 98

If a detainee invokes his right to remain (i) ______ (unambiguously), the police may question him later on an (ii) ______ crime. But if a detainee invokes his right to (ii) ________ under the fifth amendment, all questioning must stop until counsel has been provided, unless the detainee subsequently waives his right to counsel, or is released for 14 days and then interrogated again.

Answer 98

(i) silent; (ii) different; (iii) counsel

Question 99

A witness subpoenaed to testify before a (i) ____ _____ does not have a right to Miranda warning, nor is he entitled to a warning that he is a potential defendant. Nor does he have a right to have an attorney present.

Answer 99

(i) grand jury

Question 100

A grand jury may base an indictment on evidence that would be (i) _____ at trial.

Answer 100

(i) inadmissible

Question 101

A prosecutor has a duty to disclose (i) ______ evidence. If such evidence is withheld, a defendant can reverse a conviction if the evidence was (ii) ______ to him and (iii) _____ has resulted (a reasonable probability that the case would have been different and the evidence been present at trial).

Answer 101

(i) exculpatory; (ii) favorable; (iii) prejudice

Question 102

In a criminal trial, the (i) _______ opens, then the (ii) _______, then the closing argument are the (iii) ______, the (iv) ______, and the government (v) ____.

Answer 102

(i) prosecution; (ii) defense; (iii) government; (iv) defense; (v) rebuts

Question 103

The press and the public have a (i) _____ amendment right to attend the trial itself.9

Answer 103

(i) first

Question 104

A criminal jury must be between six and twelve jurors, and their verdict must be (i) _____

Answer 104

Unanimous

Question 105

The equal protect clause forbids the use of preemptory challenges that exclude jurors solely on (i) ___ or (ii) _____. An attack on a peremptory challenge must show facts or circumstances that raise an (iii) _________ that the exclusion was based on race or gender, the prosecutor, upon showing, must come forward with a (iv) ____-neutral explanation, and then the judge determines if the prosecutor was sincere.

Answer 105

(i) race; (ii) gender; (iii) inference; (iv) race

Question 106

In voir dire, a defendant can ask about racial prejudice if the crime is related to race or an (i) _______ capital crime. The state may not automatically exclude a juror who has concerns about the (ii) ______ _____. But a juror who would automatically impose the (iii) ______ _____ on a verdict of guilty must be excluded.

Answer 106

(i) interracial; (ii) death penalty; (iii) death penalty

Question 107

In a criminal case, inconsistent verdicts are not (i) _______

Answer 107

(i) reviewable

Question 108

An ineffective assistance of counsel claim must show (i) _____ performance for counsel, and (ii) ____ for the deficiency, the result would’ve been different.

Answer 108

(i) deficient; (ii) but for

Question 109

The defendant has a 6th amendment right to confront (i) _______. A co-defendant’s confession which names the defendant cannot be admitted, unless: all portion of reference to the defendant are (ii) ______; or the co-defendant takes the stand and subjects himself to (iii) _____-________; or the confession of the co-defendant is used to rebut the defendant’s claim that his confession was obtained coercively.

Answer 109

(i) witnesses; (ii) eliminated; (iii) cross-examination

Question 110

Prior testimonial statements are not admitted unless the declarant is (i) _______ and the defendant had the opportunity to (ii) ____-______ the declarant at the time the statement was made.

Answer 110

(i) unavailable; (ii) cross-examine

Question 111

A plea must be (i) _____ and (ii) _______. The judge must be sure the defendant knows the nature of the (iii) _____, the maximum (iv) ______ and mandatory minimum, that he has a right not to (v) _________.

Answer 111

(i) voluntary; (ii) intelligent; (iii) charge; (iv) sentence; (v) plead

Question 112

A judge does not have to accept a (i) _____ deal. A prosecutor may not charge a more serious offense if a defendant demands a (ii) ______.

Answer 112

(i) plea; (ii) trial

Question 113

Minors can be sentenced to (i) _____ without ________ for homicide, but not based on a mandatory sentencing scheme.

Answer 113

(i) life without parole

Question 114

Double jeopardy attaches once the jury has been (i) ________ and worn. In a bench trial, jeopardy attaches when the first (ii) _______ is sworn.

Answer 114

(i) empaneled; (ii) sworn

Question 115

A state may retry a case if there is a (i) ____ jury. A trial may be discontinued and reprosecuted if there is (ii) _____ necessity to abort the original trial. Retrial is permitted when an appeal is granted based on the (iii) _____ of the evidence (but no retrial where appeal is granted based on the sufficiency of the evidence). However, on retrain, a successful appeal may not be tried for a (iv) _______ crime than which he was convicted. If the defendant could’ve been tried in a single trial, but elects for multiple trials, jeopardy does (v) ______ attach on the other charges.

Answer 115

(i) hung; (ii) manifest; (iii) weight; (iv) harsher; (v) not

Question 116

Two crimes are the same offense unless each crime requires proof of an additional (i) _______-

Answer 116

element

Question 117

Attachment of jeopardy for a greater offense bars retrial for a (i) _______, included offense. Attachment for a lesser, included offense bars retrial for a (ii) ______ offense. An exception exists if new evidence is created (e.g., the person dies subsequent to the proceeding), or if evidence could not have been discovered with (iii) _____ diligence.

Answer 117

(i) lesser; (ii) greater; (iii) due

Question 118

Due to the doctrine of separate (i) ________, an individual may be tried on the same crime by the state and (ii) _______ government, or by multiple (iii) ______.

Answer 118

(i) sovereign; (ii) federal; (iii) states

Question 119

A defendant may use a blanket (i) _____-amendment protection against self-incrimination, and not take the stand; a witness can be compelled to take the stand, but can (ii) ________ invoke the privilege on a given question

Answer 119

(i) fifth; (ii) specifically

Question 120

A person served with a subpoena for documents has no fifth amendment right not to (i) _____

Answer 120

(i) comply

Question 121

If a suspect remains silent prior to Miranda, that silence (i) ____ be used against him in court

Answer 121

(i) can

Question 122

In juvenile delinquency proceedings, the juvenile has a write to (i) notice of charges, (ii) assistance of counsel, (iii) the opportunity confront and cross-examine witness, the right not to (iv) testify, and the right to have guilt proven beyond a reasonable doubt. But a juvenile has no right to a ______.

Answer 122

Jury

Question 123

An individual does not require advance notice before (i) _____ of personal property, though a hearing must be held before final forfeiture. For real property, (ii) ______ and the opportunity to be heard are required before seizure, unless the government can prove needs for (iii) _____ seizure.

Answer 123

(i) seizure; (ii) notice; (iiI) immediate

Question 124

In general, the fruit of a poisonous tree will be excluded. There are exceptions. If the evidence comes from an (i) _____ source, not involved in the unconstitutional conduct. If there are (ii) ______ acts or circumstances. If discovery was (iii) _______. If there is (iv) _____ witness testimony or in-court (v) ________. If the evidence came from a violation of a no-knock rule on a (vi) _____ search. If the evidence came from good faith reliance on an (vii) ______ warrant. Or if the information is used to (viii) _____.

Answer 124

(i) independent; (ii) intervening; (iii) inevitable; (iv) live; (v) identification; (vi) warrant; (vii) invalid; (viii) to impeach