Law: SB #4

Question 1

Which of the following defenses to criminal liability would be the easiest to prove?

intoxication
infancy
entrapment

Answer 1

b

infancy

Question 2

Paula commits the offense of robbery. Her attorney believes that she was mentally competent at the time of the offense. He believes that the state can prove its case. However, he believes that Paula has subsequently become mentally incompetent. If the prosecution takes place in the state of Utah, which of the following pleas should the attorney have Paula make?

	guilty and mentally ill
	guilty
	not guilty
	not guilty by reason of insanity
	no contest

Answer 2

a

The logical answer is that Paula is guilty, but she is now mentally ill.

Question 3

This question focuses on the opinion in Jacobson v. United States. Which of the following three propositions became the focus of the court’s attention?

The defendant was not predisposed to commit a crime.
The inducement to commit a crime came from government agents.
The suggestion to commit a crime came from government agents.

Answer 3

a

The court focused on the idea that Jacobson was not predisposed to commit a crime

Question 4

Refer to this scenario for the following two questions: Victor practices shooting his .22 rifle by shooting at the hole in the letter “A” in the word Amtrak on a passenger train. He misses, and a bullet he fires hits and kills Kelly, a train passenger.

4. 	Suppose that Victor is charged with a felony and brought before a municipal court judge where he is informed of the charges against him, has his bail set, and has an attorney appointed to him. What is this proceeding called?

a preliminary hearing
an arraignment
a first appearance

Answer 4

c

a first appearance

Question 5

When Victor is charged with a crime, he responds by saying he did not intend to cause harm to Kelly. Which of the following is the most correct?

Victor may be convicted of murder.
Victor may be convicted of manslaughter.
Victor is not criminally liable because criminal intent cannot be proved.

Answer 5

b

Victor may be convicted of manslaughter.

Question 6

Which of the following is burglary? (Criminal intent is present in each case.)

Milly takes a TV from Jed’s backyard at night.
Milly takes a TV from Jed on a public street at gunpoint.
Milly takes a TV from Jed’s living room in the afternoon.

Answer 6

c

Milly takes a TV from Jed’s living room in the afternoon.

Question 7

Gary robs Christina and is criminally charged with the offense of robbery. Which of the following is the most correct?

There are a few exceptions where private prosecution is allowed and the case title in a criminal action will show a private party (e.g., Christina v. Gary) as the prosecution.
The case title in this and other criminal actions will always show a body of government (e.g., State of Texas v. Gary) as the prosecution.

Answer 7

b

Private prosecution for crime is not allowed in the United States; therefore, the name of a body of government will always be shown as the party bringing the action

Question 8

Which of the following is correct?

Conduct may be made criminal by a legislative or regulatory body, and also by an appellate court (but not by a trial court).
Conduct may only be made criminal by a legislative or regulatory body.

Answer 8

b

A legislative body or an authorized regulatory body criminalizes conduct, but not by case law. )

Question 9

Which of the following is the most correct?

The city council of the City of Utopia may state what is and what is not a crime.
The state legislature in the State of Nebraska may state what is and what is not a crime.
The Superior Court judge in the State of California (a trial court) may state what is and what is not a crime.
Two of these options are correct

Answer 9

d

Legislative bodies may define crime, but a court may not.

Question 10

Hector is charged with felony theft. The charges are based on evidence taken from Hector’s apartment in a police search without a search warrant. At trial, Hector claims that his Fourth Amendment rights have been violated. The prosecutor responds by noting that this proceeding is taking place in a state court and not a federal court and therefore the Fourth Amendment does not apply. Which of the following is correct?

Hector is correct; the Fourth Amendment applies to this case.
The prosecutor is correct; the Fourth Amendment does not apply to this state action.

Answer 10

a

The Fourth Amendment is applied to state law proceedings through the doctrine of incorporation (based on the Fourteenth Amendment