Exam 14: Criminal Law.

A person commits perjury when he or she takes an oath to tell the truth and states a material matter the witness believed to be true or untrue.

Fact Pattern 14-1 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 14-1.Can Beatrice be tried again for the same crime?

Which of the following statements is NOT true regarding the Sixth Amendment right to have the assistance of counsel for criminal proceedings?

The mens rea for recklessness involves the same elements and standards as those required for intentional wrongdoing.

The United States v.Jones case discussed in the text,involved a question of a GPS tracking device placed on car that was tracked for over a month.The U.S.Supreme Court held that installing the device was:

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.

Under the __________ of the U.S.Constitution,a person can be convicted of a crime only if his or her actions constituted a crime at the time they occurred.

Phising involves tricking victims into divulging personal information (especially credit card information)over the Internet.

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 prior to receiving Miranda warnings when the police intentionally,rather than mistakenly,delayed in providing the warnings; 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.

The defendant formally pleads guilty or not guilty at the:

CASE 14.2 United States v.Freed (2006)involved a trustee of the Enota campground and alleged violations of National Forest Service regulations.The trustee was convicted at trial.On appeal,the court addressed whether the __________ applied to the trustee and her conviction.

A valid search warrant must be:

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

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

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

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 the 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 jurisdiction's 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 Seventh Amendment grants the defendant in most criminal prosecutions the right to the assistance of counsel.

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

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

Set forth what is prohibited by RICO and what must be shown to establish a violation of the Wire and Mail Fraud Acts.Reference in what manner the U.S.Supreme Court has construed the term "fraud" in relation to the Wire and Mail Fraud Acts.