Exam 15: Criminal law

Evidence found as the result of an illegal search may be characterized as

Sherdon really wants to buy a new $40,000 boat,but lacks the funds with which to do so.He spends some amount of time thinking about robbing the local bank.He casually mentions to his wife,Pearl,that he has such thoughts.A few weeks later Pearl leaves Sherdon for the local mail carrier.Pearl and Sherdon get in a dispute regarding splitting up their property.In a fit of anger,Pearl calls law enforcement and informs on Sherdon for thinking about the bank robbery.The police arrest Sherdon.Which of the following is the most likely result assuming Pearl is believed by a judge and jury?

The Fifth Amendment grants the criminal defendant a right to a trial by jury.

The term ________ merely requires proof of knowledge of the facts that constitute the offense,not knowledge that the act is unlawful.

Greg has too much to drink at a local bar.He yells out that Lynette,who was in the bar and had just turned him down for a date,is loose with her affections and has even been guilty of stealing money from wallets of her dates.Those allegations are untrue.In fact,Lynette is a Sunday school teacher who does not drink and was only in the bar accepting donations for a local charity.Lynette promptly slaps him,and he pushes her away.Unfortunately for Greg,a police officer is present in the bar and arrests Greg.Based on the altercation,Greg pays a hefty fine and spends 24 hours in jail for violation of the jurisdictions criminal battery statute.The next week,Greg receives a civil complaint filed by Lynette for defamation and a civil cause of action for battery.Greg says that he already paid for the offense and that he should not be prosecuted twice.What should Greg do?

The defendant formally pleads guilty or not guilty at the

Under the ________ rule,a statement made by a defendant in custody is admissible only if the defendant was informed prior to police interrogation of his or her constitutional rights.

A valid search warrant must _________.

Criminal recklessness is when a person consciously intends to cause the harmful result.

In a criminal trial,the defendant must be proven guilty by a preponderance of the evidence.

Benji,a truck driver,is told by his boss,Penny,to quickly deliver a load of steel and to get to the location within an hour regardless.Benji replied,"That's impossible - I'd have to go 90 miles per hour to do that." Penny said,"Well,you'd best get started." Not surprisingly,Benji was stopped by a highway patrol officer and fined for both speeding and reckless driving.When he went to court,Benji told the judge that he should be found innocent because he was only acting upon orders of his boss,Penny.Is Benji correct?

Which of the following is not an exception to the exclusionary rule?

A willful violation of a statute requires that the defendant acted with knowledge that his conduct was unlawful.

Criminal law protects society principally by

The Fifth Amendment protects citizens from involuntary self-incrimination.Discuss the application of this constitutional protection in the following areas: a statement made by a defendant in custody who has not been informed of his or her constitutional right to remain silent and to have counsel present,a blood sample given by a defendant,a handwriting sample given a defendant,required participation in a lineup.Explain transactional and use immunity.How does each affect a person's right not to testify under oath? Discuss fully.

_________ for arrest is defined as a reasonable belief that the suspect has committed a crime or is about to commit a crime.

Dave has been arrested in connection with a recent string of burglaries.While he was in custody,he was shown falsified laboratory results that connected him with the crimes.Based on the false evidence,Dave confessed to the crimes during interrogation.Dave was then given his Miranda warnings and booked.What constitutional rights may Dave assert to prevent his confession being used against him at trial? Does the state have any defenses available? Discuss fully.

________ is the process whereby the prosecutor agrees to reduce the charges in exchange for a guilty plea from the accused.

Set forth five of the nine factors used by the Department of Justice to decide whether to indict a company.

________ prohibits any criminal prosecution of the witness that relates to any matter discussed in his or her testimony.