Exam 15: Criminal law

The Racketeer Influenced and Corrupt Organizations Act (RICO)was originally designed to combat corporate crime.

A(n)________ state of mind is the least culpable type of mens rea.

_________ liability is the imposition of liability on one party for the wrongs of another.

Under strict liability,a defendant can be guilty of a crime regardless of his or her state of mind.

A border patrol officer cannot touch or squeeze a bus passenger's carry-on bag placed in the overhead rack,even though other passengers might also be expected to touch the bag.

________ prohibits the testimony of the witness from being used against him in any way.

The Seventh Amendment grants the defendant in most criminal prosecutions the right to the assistance of counsel.

________ is the subsequent conversion of money or property that was lawfully in the employee's possession by reason of his or her employment.

RICO was originally designed to

List six of the major exceptions to the requirement for a search warrant.Discuss fully.

Officer Sam obtained a search warrant to search Susie's apartment based upon a tip from Alice,an informant,to the effect that Susie was selling drugs.Alice had actually lied to Sam because she was angry with Susie for going out with Alice's boyfriend.Sam was suspicious of all the tenants in Susie's building and got a search warrant authorizing a search of the building for anything illegal.In Susie's apartment he found a small amount of marijuana that Susie used personally.Alice started feeling guilty and confessed that she had lied about the whole matter.Susie is being prosecuted.Does she have any defense based upon the warrant? Why or why not?

Dan is a local retailer of "Nice," a natural substance that makes a person more ethical than his government.The state of Chaos passes a law making it illegal to "possess any substance that increases ethical behavior beyond acceptable government limits." The police then begin to conduct random warrantless searches of all buildings,looking for the now illegal substance.Dan is arrested for possessing Nice after it is found in his business.Explain the defenses available to Dan under the Fourth Amendment.Discuss fully.

Use immunity prohibits the testimony of a witness from being used against him or her in any way in a criminal proceeding.

When the conduct of law enforcement officials in obtaining a confession is outrageous or shocking,_________ bars the government from using the involuntary confession,even if the Miranda warnings were given.

A misdemeanor is a crime punishable by a fine or a jail sentence of less than one year.

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.What crime had Beatrice committed?

An arrest is considered a seizure under the Fourth Amendment.

The Fifth Amendment protects a defendant from being required to produce

Evidence illegally obtained by the police in violation of the Fourth Amendment will be excluded from trial whether or not the police acted in good faith.

The Fifth Amendment does not prohibit