Federal Criminal Law (CITP Exam 2)

Question 0

Distinguish the difference between a felony and misdemeanor:

Answer 0

• a felony is punishable of more then 1 year in prison

And

-misdemeanors are punishable by less then 1 year or less

Question 1

What are the elements of a criminal statute?

Answer 1

• must contain the laments of a crime

- must also have the penalty or punishment of the crime

Question 2

What are the three types of jurisdiction?

Answer 2

• exclusive
• concurrent
• proprietary

Question 3

What is exclusive jurisdiction?

Answer 3

Means that ONLY the US government has criminal justice authority, all policing, invest, and prosecuting done by Feds.

Question 4

What is concurrent jurisdiction?

Answer 4

Means both the US government and the state gov’t have criminal jurisdiction both can police, inv, and prosecute (i.e can be tried in both courts if commit state and fed crime)

Question 5

What is proprietary jurisdiction?

Answer 5

Means the US gov’t has no more authority over the area than any other owner of private property

Question 6

How is the Assimilative Crime Act applied?

Answer 6

• allows the US to assimilate state law for fed prosecution
• can only be used in concurrent and exclusive jurisdictions
• must be no federal laws to charge
• must be a state law to charge
• if there is a federal charge, we must charge using it

Question 7

What are the elements of Assault , title 18 USC 111

Answer 7

• officer must be engaged in performance of official duties or on an account for something that an agent did while working as a federal officer (retirement)
• the assailant does not have to know who you are as an agent if assaulted while performing official duties this would qualify

Question 8

Identify the elements of title 18 USC 201: (Bribery)

Answer 8

• a corrupt offer or acceptance of something if value made by or to a public official
• intent/promise to influence official act(s)
• nothing has to specifically exchange hands for the offense to be affirmative

Question 9

EPO 28 identify and apply the elements of 21 USC 844 (possession)
begin as misdemeanor, increase to felony based on prior convictions
i.e. 5 grams coke manimus 5 years

Answer 9

Simple Possession of a controlled substance / ELEMENT
1 knowing or intentionally
2 possess
3 controlled substance
4 without a valid prescription, or as otherwise permitted by law unlawfully possessed.

Question 10

EPO 29 Identify and apply the elements of 21 USC 841(distribution)
food and drugs US Code Title 21

Answer 10

1 knowing or intentionally 
2 manufacture, distribute, dispense or possess with intent to 
3 a controlled substance
4 without lawful authority
most felony offenses

Question 11

EPO 9 Identify when an inducement by the gov is permited or prohibited

Answer 11

-Predisposition must have to commit a crime

Unfair police conduct may be due process violation

Question 12

EPO 10 Identify when predisposition negates an apparent entrapment defense

Answer 12

Two
1 Gov inducement
-Police Conduct
-gov Agents

2 Defendant Predisposition

Question 13

Identify and apply the elements of Title 18 USC 1001

Answer 13

Whoever
In any matter within the jurisdiction of any branch of the US Gov

Knowing and willfully
-makes a material false statement
conceals or covers up a material fact
makes or uses a document containing a false statement

Question 14

Any substance whose legal possession in controlled by GOv under title 21

Answer 14

Controlled substance

Question 15

How many schedules in the control substance

Answer 15

Five divided into categories based on level of accepted medical use and potential for abuse and dependence

Question 16

Legitimate prescription drugs 
Street drugs i.e. crack, coke, heroin
Raw material
immediate precursor analogs
Note alcohol and tobacco are not controlled substance under fed law

Answer 16

Example of controlled substance examples

Question 17

Certain controlled substance may be legally possessed by certain people

Answer 17

Patients with perscription for meds
doctors, nurses, pharmacist
scientist
LEO for evidence, controlled buy/ sale

Question 18

Knowing possession

Answer 18

may be actual or constructive
actual on the person
constructive expects to or intends to exert control over the item
-in trunk of car
suspects house
nearby on the ground
more than one person can possibly be in possession

Question 19

No minimum amount of drugs needed for violation

Answer 19

Simple possession

Question 20

possess with intent to manufacture how to prove intent

Answer 20

depends on totality of circumstance, or actions, i.e have scales, bags, and large amount of cash on hand
observed selling dope
possession of weight

Question 21

If Improper inducements

-trapping the unwary innocent vice the unwary criminal

Answer 21

Entrapment problems

Question 22

Decoys
deceptions
reasonable amounts of money 
assistance in facilitating the crime 
providing opportunity to commit the crime

Answer 22

Proper inducements

Question 23

threats
intimidation
emotional appeals and sympathy
persistent badgering
excessive amounts of money
i.e. playing upon sentiments of former war buddy

Answer 23

Improper inducements by GOV

Question 24

Proving Predisposition

Answer 24

Past similar behavior 
-Arrests, conviction, known similar crimes
-Character and reputation
Boasting or statement intent 
Defend made 1st approach
Readily accepts offer to commit crime

Question 25

Exceptions to 18 USC 1001

Answer 25

Judicial Brach Exception 
Parties to Judaical proceeding 
counsel for the party 
Does apply to non party witnesses 
-including cops

Question 26

False Material USC 1001

Answer 26

relevant and important
somethingthat could influence or capable of influencing an agency decision
-did the agency rely on the information
-

Question 27

If you knowing dont kno ur making a false statement

Answer 27

cant be held liable uner 18 USC 1001