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Criminal Prosecutuions Flashcards

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1
Q

In connection with a multimillion-dollar Ponzi scheme, Bart often held presentations for potential investors at his mansion in Florida. When Bart was later convicted of fraud at a criminal trial, he was ordered to transfer ownership of his mansion to the government as part of his sentence. Which type of criminal sanction does this MOST ACCURATELY describe?

A. Probation
B. Criminal forfeiture
C. Restitution
D. Indeterminate sentence

A

B. Criminal forfeiture

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2
Q

In jurisdictions that recognize corporate criminal liability, which of the following is required to hold the corporation vicariously liable for the acts of one of its employees?

A. An employee committed each element of a criminal violation
B. The employee was acting within the scope of their employment
C. The employee was acting for the benefit of the corporation
D. All of the above

A

D. All of the above

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3
Q

In civil law jurisdictions, the judge typically serves as the fact finder in criminal proceedings.

A. True
B. False

A

True

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4
Q

Prosecutorial bargaining does NOT occur in civil law systems.

A. True
B. False

A

False

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5
Q

During the examining phase of a criminal proceeding in inquisitorial jurisdictions, a judge or magistrate reviews evidence from the investigation, collects further evidence, and creates the written evidentiary record to be used at trial.

A. True
B. False

A

True

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6
Q

Which of the following statements BEST describes when a custodial arrest occurs?

A. A custodial arrest occurs when a law enforcement officer informs the suspect of their rights as a criminal defendant.
B. A custodial arrest occurs when a law enforcement officer communicates their intent to arrest the suspect.
C. A custodial arrest occurs when a law enforcement officer indicates that the suspect is no longer free to leave.
D. A custodial arrest occurs when the suspect is questioned by a law enforcement officer.

A

C. A custodial arrest occurs when a law enforcement officer indicates that the suspect is no longer free to leave.

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7
Q

In most common law countries, a criminal appellate court is generally permitted to make its own legal conclusions but NOT its own factual determinations when reviewing a case.

A. True
B. False

A

True

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8
Q

Which of the following statements concerning probation is MOST ACCURATE?

A. Probation typically occurs after the defendant has been incarcerated.
B. Probation typically occurs when an offender’s jail sentence is suspended in exchange for a promise of good behavior and being placed under supervision within the community.
C. Probation is an alternative to incarceration whereby the offender’s conviction is reversed in exchange for paying a fine and promising good behavior.
D. Probation typically occurs before the prosecutor brings charges against the defendant.

A

B. Probation typically occurs when an offender’s jail sentence is suspended in exchange for a promise of good behavior and being placed under supervision within the community.

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9
Q

In criminal trials in common law jurisdictions, a jury must serve as the fact finder.

A. True
B. False

A

False

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10
Q

Which of the following outcomes to criminal allegations of fraud against an organization occurs when prosecutors agree not to prosecute claims if the organization reforms its practices and reduces the risk of illegal activities?

A. Judgment notwithstanding the verdict
B. Deferred prosecution agreement
C. Sentencing agreement
D. Plea bargaining agreement

A

B. Deferred prosecution agreement

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11
Q

In jurisdictions that allow criminal bargaining agreements, which of the following parties generally has the discretion to decide whether to settle charges with a bargaining agreement?

A. The jury
B. The defendant’s counsel
C. The prosecution
D. All of the above

A

C. The prosecution

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12
Q

In both adversarial and inquisitorial jurisdictions, most criminal discovery occurs during the trial stage.

A. True
B. False

A

False

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13
Q

Which of the following statements concerning criminal bargaining agreements is MOST ACCURATE?

A. Bargaining agreements are more commonly accepted in common law jurisdictions than in civil law jurisdictions.
B. Bargaining agreements are more commonly accepted in civil law jurisdictions than in common law jurisdictions.
C. Bargaining agreements are only allowed in common law jurisdictions.
D. Bargaining agreements are only allowed in civil law jurisdictions.

A

A. Bargaining agreements are more commonly accepted in common law jurisdictions than in civil law jurisdictions.

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14
Q

In most common law jurisdictions, to prevail in a criminal case, the prosecution must prove its case ___________________.

A. Beyond a reasonable doubt
B. By a preponderance of the evidence
C. True beyond any possible doubt
D. With clear and convincing evidence

A

A. Beyond a reasonable doubt

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15
Q

Under the United Nations’ (UN) International Covenant on Civil and Political Rights (ICCPR), those accused of criminal charges are generally entitled to a fair hearing that is private, the results of which should NOT be disclosed to the public.

A. True
B. False

A

False

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16
Q

The United Nations’ (UN) International Covenant on Civil and Political Rights (ICCPR) guarantees which of the following rights?

A. The presumption of innocence until the accused is proven guilty according to law
B. Freedom from arbitrary arrests
C. Right of the accused to be informed of criminal charges
D. All of the above

A

D. All of the above

17
Q

The judge primarily drives the criminal discovery process in both adversarial and inquisitorial jurisdictions.

A. True
B. False

A

False

18
Q

Which of the following statements concerning appellate procedure in criminal cases is MOST ACCURATE?

A. Appellate courts in civil law jurisdictions are generally permitted to make their own factual determinations and legal conclusions when reviewing a case.
B. Appellate courts in civil law jurisdictions are generally permitted to make their own factual determinations but not their own legal conclusions when reviewing a case.
C. Appellate courts in common law jurisdictions are generally permitted to make their own factual determinations and legal conclusions when reviewing a case.
D. Appellate courts in common law jurisdictions are generally permitted to make their own factual determinations but not their own legal conclusions when reviewing a case.

A

A. Appellate courts in civil law jurisdictions are generally permitted to make their own factual determinations and legal conclusions when reviewing a case.

19
Q

In adversarial jurisdictions, the parties involved in litigation typically cannot request evidence from each other until the trial begins.

A. True
B. False

A

False

20
Q

Which of the following is a criminal sanction that requires defendants to pay back victims for the money or property that they lost?

A. Criminal fine
B. Restitution
C. Determinate sentence
D. Criminal forfeiture

A

B. Restitution

21
Q

In common law jurisdictions, which of the following parties typically serves as the fact finder in criminal trials?

A. The judge
B. The prosecution
C. One professional judge and a panel of lay judges
D. A jury

A

D. A jury

22
Q

Which of the following statements concerning the United Nations’ (UN) International Covenant on Civil and Political Rights (ICCPR) is FALSE?

A. It states that the results of criminal hearings should be publicized in most cases to promote transparency in the system.
B. It states that the right of the accused to a fair hearing includes adequate time to prepare a defense.
C. It states that the right of the accused to a fair hearing includes the right to examine or have examined witnesses against the accused.
D. It states that the right of the accused to a fair hearing includes the right to a trial by a jury.

A

D. It states that the right of the accused to a fair hearing includes the right to a trial by a jury.

23
Q

Which of the following accurately describes a benefit of deferred prosecution agreements?

A. They help the justice system resolve a corporate case while still punishing misconduct
B. They encourage an organization to reform poor policies
C. They help reduce the risk of illegal practices within an organization
D. All of the above

A

D. All of the above

24
Q

Which of the following is NOT one of the three stages of a criminal proceeding in an inquisitorial jurisdiction?

A. The trial phase
B. The examining phase
C. The investigative phase
D. The pretrial phase

A

D. The pretrial phase

25
Q

In countries that require arrest warrants, which of the following is NOT a typical exception to the warrant requirement?

A. The person is arrested at home.
B. An emergency situation occurs.
C. The offense occurs in the presence of a police officer.
D. Contraband is discovered in the suspect’s possession.

A

A. The person is arrested at home.

26
Q

In jurisdictions that recognize corporate criminal liability, to find a corporation vicariously liable for the acts of one of its employees, it is typically necessary that someone in management was involved in the offense or knew about the offense and should have stopped it.

A. True
B. False

A

False

27
Q

Which of the following statements about the appeals process in criminal cases is INCORRECT?

A. Appellate courts will generally only accept an appeal if the petition has been filed in a timely manner following the prior court’s judgment.
B. In a criminal appeal, the appealing party can petition a trial court to overturn or modify the appellate court’s decision.
C. In most jurisdictions, a convicted defendant has the right to appeal their conviction and sentence.
D. In many jurisdictions, an appellate court will reverse a conviction only if it finds an error that likely affected the trial’s outcome and denied the defendant a fair trial.

A

B. In a criminal appeal, the appealing party can petition a trial court to overturn or modify the appellate court’s decision.

28
Q

In most jurisdictions, police must always have a warrant to arrest a person for investigative purposes.

A. True
B. False

A

False

29
Q

Which of the following BEST describes the government’s burden of proof in criminal cases in civil law jurisdictions that use an inquisitorial court process?

A. Absolute certainty
B. More likely than not
C. Beyond a reasonable doubt
D. Inner conviction of the judge

A

D. Inner conviction of the judge

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