Exam 5: Criminal Law and Procedure

Officer Brenda Judd had a hunch that Beats,Inc. ,a retail seller of stereo equipment and related supplies,was involved in a drug-smuggling operation.In order to acquire evidence confirming her hunch,Judd posed as an ordinary consumer when she entered Beats' store.She slipped out of the "public" part of the store and proceeded down a hall to an office with a closed door marked "Private.No Entry without Authorization from Manager." She entered the office which was unoccupied,looked through files,and located documentary evidence indicating that Beats was indeed involved in an illegal operation.The evidence obtained by Judd furnished the primary basis for drug-smuggling and drug-dealing charges that are now pending against Beats.Beats filed a pretrial motion asking the court to suppress the evidence obtained by Judd in her search of the office.Should the evidence be suppressed? Why or why not?

Which of the following is guaranteed by the Sixth Amendment?

A defendant's act must have been prohibited by statute at the time he/she committed it and the penalty imposed must be the one provided for at the time of his/her offense.This essentially indicates:

Assume that a state,acting through the appropriate county prosecutor,plans to initiate a felony prosecution against Joe Beck.Further assume that the state is among those in which felony defendants may be charged by either of the two methods discussed in the text.Which of the following is an accurate statement?

Which of the following is not a potential consequence of a criminal violation of the Racketeer Influenced and Corrupt Organizations Act (RICO)?

Most serious crimes require mens rea,which is criminal:

What occurs during an arraignment of a criminal defendant?

Although not a complete defense to criminal liability,________ may diminish the degree of a defendant's responsibility in a crime.

The Equal Protection Clause prevents states and the federal government from enacting criminal laws that discriminate against different classes of persons.

Since the exclusionary rule has often resulted in suppression of convincing evidence of crime,it has generated controversy.How has the Supreme Court dealt with this?

The Fifth Amendment guarantees indigent defendants the right to court-appointed counsel.

A(n)________ is a formal charge signed by the prosecutor outlining the facts supporting the charges against the defendant.

Which of the following results when punishment of a wrongdoer deters others from committing similar offenses?

Nigel is the sole proprietor of a construction contracting business.As part of an investigation into bid-rigging allegations,a grand jury issued a subpoena directing Nigel to turn over various records relating to his sole proprietorship.Nigel voluntarily prepared the subpoenaed records.The government had long known that these records probably existed,but of course,did not know of their contents.Nigel resisted the subpoena on Fifth Amendment grounds,arguing that being forced to comply would violate his privilege against self-incrimination.Should Nigel be required to comply with the subpoena? Why or why not?

The ________ allows the imposition of criminal and civil liability on one who "knowingly,and with intent to defraud,accesses a protected computer without authorization,or exceeds authorized access,and by means of such conduct furthers the intended fraud and obtains anything of value."

The First Amendment limits governmental power to enact and enforce criminal laws by prohibiting:

As demonstrated by United States v.SDI Future Health,Inc. ,the case in the text,a defendant must have ________ to challenge a search under the Fourth Amendment.

The U.S.Constitution allows ex post facto criminal laws.

The expansion of corporate criminal liability in imputing the criminal intent of employees to the corporation falls under the scope of:

Which of the following serves essentially the same function as a magistrate's probable cause determination?