Federal Law

Question 1

definition of a crime

Answer 1

act, or failure to act that is punishable by the gov.

Question 2

Tort

Answer 2

civil action brought in civil court by plaintiff seeking compensation

Question 3

Elements of criminal statute

Answer 3

Criminal intent, criminal act, penalty

Question 4

Criminal act

Answer 4

Conduct that is prohibited

Failure to act may be punishable

Question 5

Criminal Intent

Answer 5

Criminal intent (state of mind)
General intent - intent to do prohibited act
Specific intent: proof of a specific Mental state person had at the time of the offense – must be proven by the gov. beyond reasonable doubt

Question 6

Felony

Answer 6

Offense punishable by a maximum of more than 1 year imprisonment

Sentence defendant actually got is irrelevant, go by what the statute says about that specific crime

Question 7

misdemeanor

Answer 7

Offense punishable by a maximum of 1 year imprisonment or less

Question 8

jurisdiction

Answer 8

Gov’s legal authority to act when a crime has been committed

Determined by where the crime happened and type of crime

Question 9

exclusive jurisdiction

Answer 9

ONLY US gov. can prosecute crimes that occur in the area

Question 10

concurrent jurisdiction

Answer 10

Both the state & US Gov. have criminal jurisdiction over the area

Question 11

proprietary jurisdiction

Answer 11

No special power or authority is granted to the US gov. -

Question 12

Assimilated Crimes Act, 18 USC 13

Answer 12

Fed. Law that allows the fed gov. to adopt a state criminal statute and prosecute it in federal court as a federal criminal offense
Applies when:
Act violates state law
Act occurred in an exclusive or concurrent jurisdiction
No fed. Law available that prohibits act
*not available in proprietary jurisdiction
Ex: DUI, theft, assault, littering

Question 13

Assault

Answer 13

threats of imminent physical harm or any use of physical force; resisting, opposing or impeding are included (injury to officer not required)

Question 14

Title 18 USC $ 111 – ASSAULT

Answer 14

Protects current fed & those assisting them, when they are assaulted while performing their job, or assaulted off duty b/c of something they did while on duty
Also protects fed that is assaulted just b/c they are a federal employee
Protects former feds when assaulted b/c of something they did while performing official duties

Question 15

penalty of assault

Answer 15

Simple assault (no touching) - no more than 1 year, misdemeanor
Assault that involves contact but not bodily injury - max 8 years
Assault results in bodily injury or deadly/dangerous weapon, max 20 years

Question 16

elements of Title 18 USC $ 201 – BRIBERY

Answer 16

Corrupt offer or acceptance of something of value
-can be money, property (real or personal), services
-Indirect offers – something of value is given indirectly to someone selected or designated by public official (paid to official’s wife, etc.)
-Made to or by a public official
Any officer, employee or person acting on behalf of the United States
-To influence the public official to perform an official act
Ex: offer made to LEO not to take defendant to jail, he accepts the offer. Both will be charged with bribery
Statute also includes bribing witnesses’ testimony in court cases

Question 17

Categories of individuals prohibited from possessing firearms

Answer 17

Convicted felons
fugitives from justice
drug users/addicts
ppl adjudicated mentally defective - has to be from court, voluntary doesnt count
-illegal aliens
-dishonorably discharged military
-domestic relations restraining order
-misdemeanor of DV
-pardon or expungement - unless pardon states firearm restriction.

Question 18

what info is needed to initiate a firearms trace?

Answer 18

Make
Model
Serial #
Caliber/gauge

Question 19

what info can you get from a firearm trace?

Answer 19

Firearms manufacturer, exporter/importer if firearm is foreign made, retail firearms dealer, wholesale firearms distributor, first lawful retail purchaser from the dealer

Question 20

When must a short-barrel shotgun be registered?

Answer 20

if barrel is less than 18 inches or overall weapon is less than 26 (letters in short barrel shotgun =18)

Question 21

When must a short-barrel rifle be registered?

Answer 21

Barrel is less than 16 inches long, and overall weapon is less than 26 (short barrel rifle=16 letters)

Question 22

Other weapons that require registration with ATF

Answer 22

all machine guns, silencers/mufflers, destructive devices (bombs, missiles, grenades, mines rockets)

Question 23

possession of firearms in fed. facility

Answer 23

It is unlawful to knowingly possess a firearm or other dangerous weapon in a federal facility
Dangerous weapon: any weapon or substance capable of causing death or serious bodily injury – includes knives with blades 2.5” or longer
Exception for sworn LEO while performing their duties