Exam 16: Crimes Against the State

What is combat immunity?

Mike and his comrades possessed fairly strong anti-U.S. sentiments during wartime despite being U.S. citizens themselves. They decided they were going to engage in an act of betrayal in order to show the U.S. government that ending the war was absolutely necessary. Two individuals in his group were actually undercover FBI agents who intended to serve as two witnesses in court during their eventual prosecution for treason. One of the undercover agents is pressing for prosecution now before Mike and his group have a chance to do any damage. If the prosecution commences and subsequently fails, what is the most likely reason for its failure?

It is not an offense to merely threaten, attempt to use, or conspire to use a weapon of mass destruction.

Federal law divides terrorism into international terrorism and domestic terrorism.

Most acts of terrorism within the United States are prosecuted as ordinary murders, arson, kidnappings, and bombings, rather than acts of terrorism.

The mens rea of treason is a(n) ______ the United States.

How many judges from the United States sit on the International Criminal Court?

The U.S. Government has sent out limited press releases regarding a new long-range weapon. The press releases outline general details of its existence and capabilities but does not give details regarding the science behind the weapon. A hacker group was able to steal the actual plans of the design from the American defense files and make it publicly available on the internet for all to see, whether friend or foe of the United States. Has the hacker group committed a crime despite the fact that the United States had already released information regarding the new weapon?

What made the distinction between the advocacy or teaching about the overthrow of the government and advocating for or teaching action?

Timothy is an anarchist. He wrote a series of pamphlets calling for revolution and the violent overthrow of the U.S. government. At his trial he intends to use truth as his defense. In order for truth to be recognized as a defense, under what law will he be charged?

The threat, use, or conspiracy to use ______ within the United States or against an American citizen abroad is punishable under federal law.

All of the following are considered to be weapons of mass destruction EXCEPT ______.

What type of court hears cases dealing with international criminal law?

An organization called the Weathermen formed in opposition to the Vietnam War. The group was comprised mostly of student activists with high morals who wished to put a stop to the war and racist practices in the United States. As time went on and the war persisted they became increasingly violent. At a point they completed a series of bombings at various government buildings in an effort to make their voices heard. They took steps to ensure no one was hurt in their acts of defiance. If the members of the group were to be prosecuted for a crime, which of the following would be most appropriate?

______ is the willful injury, destruction, contamination, or infection of any war material, war premises, or war utilities with the intent of interfering or obstructing the United States or an allied country during a war or national emergency.

Karl believes that the United States is a military "bully" and has decided that he wants to assist the underdog country. He has obtained a blueprint of the newest fighter jet that the U.S. military plans to use in the current war. Karl makes copies of the blueprint and sends the copies to the enemy. What crime has Karl committed? Would this crime be different if the United States was not engaged in war? If you were Karl's defense attorney, what would you argue for his defense?

______ communicates, delivers, transmits, or attempts to communicate information to a foreign government purposely to injure the United States.

James lives on the southern border of Texas. He can see Mexico from his home. He has grown tired of watching people come across the border illegally and has decided to do something about it. He joins a local vigilante group that works to contain illegal immigrants by whatever means necessary and return them to Mexico. During one capture thing got out of hand and he fatally shot a Mexican citizen. If James' defense is that he was acting as a lawful combatant, will he be successful?

______, the "American Taliban," argued for the defense of combat immunity.

Which of the following is an example of theft of a trade secret from a U.S. corporation by a foreign government?