Exam 15: Criminal law

A jury trial is not required in cases in which the authorized punishment for the charged offense is six months or less.

Paul suspects that his girlfriend Jen,who does a significant amount of photography on a freelance basis from her home,is cheating on her income taxes.One day he and Jen have a big argument,and she tells him to get lost.The next weekend,while Jen is out with her new boyfriend,Paul uses his spare key to her house and goes in to her home office.He goes through the records she keeps of her receipts and checks,as well as copies of her income tax filings.Just as he suspected,Jen was taking significant cash payments without paying tax.He took the incriminating records to the Internal Revenue Service.Jen was later arrested for income tax evasion.She tells her lawyer that she wants to defend on the basis that Paul violated her Fourth Amendment rights by conducting an illegal search.Which of the following is true regarding her claim?

Which of the following is false regarding seizures and searches after a traffic stop by a police officer?

In the ________,a prosecutor must present evidence demonstrating probable cause that the defendant committed the crime.

An arrest is a _________ Amendment seizure.

Statutes define criminal acts,but the common law defines the requisite state of mind.

The ________ prohibits the introduction of evidence offered as proof of guilt in a criminal trial that was illegally obtained in violation of the Fourth Amendment.

Explain what must be shown to establish violations of RICO and the Wire and Mail Fraud Act.Discuss fully.

Requiring a person to appear in a lineup does not violate the Fifth Amendment.

Which of the following is not an exception to the warrant requirement for a lawful search?

A sales representative cannot legally accept a kickback from a purchaser of his or her employer's products.

With search warrants,the courts have struggled to strike the appropriate balance between ________ and the government's legitimate need to secure evidence of criminal activity.

In a criminal case,the accused is presumed innocent until proven guilty

The erroneous admission at trial of a coerced confession will not always automatically require that the conviction be overturned.

Fact pattern 15-1 Beatrice,a bank teller,was angry with her employer,Big Bank,because she did not get a raise.Each day she begins to keep for her own use small amounts out of funds deposited by customers at her station.Eventually,she is caught when customers begin to complain about discrepancies and bank officials conduct surveillance of her actions.Big Bank is very unpopular in the community because of a number of foreclosures.The trial against Beatrice results in a hung jury when the twelve jurors are hopelessly deadlocked probably because of their dislike of Big Bank.Beatrice is thrilled and believes that she can forget about the whole mess although her cell mate tells her that she may not be out of the woods yet. -Refer to fact pattern 15-1.Can Beatrice be tried again for the same crime?

Larceny is the wrongful taking of someone else's property without that owner's consent.

A ________ is any crime that is punishable by death or imprisonment for more than one year.

Which of the following statements is not true regarding the warrant requirement of the Fourth Amendment?

The Computer Fraud and Abuse Act makes the accidental transmission of computer viruses illegal.

The term actus reus is often used to describe a guilty