Exam 5: Criminal Law and Procedure

When Congress created the U.S.Sentencing Commission and charged it with creating the Federal Sentencing Guidelines,Congress sought (among other things)to decrease judicial discretion in sentencing.

Under the USA PATRIOT Act,the Foreign Intelligence Surveillance Act Court (FISA Court)may issue warrants of the "sneak and peek" variety.

As a general rule,a(n)________ is a crime punishable by death or by imprisonment.

A(n)________ is a serious crime such as murder,sexual assault,arson,drug-dealing,or a theft or fraud offense of sufficient magnitude.

________ is effectively a conditional sentence that suspends the usual imprisonment and/or fine if the offender "toes the line" and meets other judicially imposed conditions for the period specified by the court.

What is recidivism?

Leviathan Corp.filed a civil Racketeer Influenced and Corrupt Organizations Act (RICO)lawsuit against NBS Bros. ,an accounting firm.NBS asked the court to dismiss the case for two reasons: first,Leviathan did not allege,and cannot prove,that NBS is connected in any way with organized crime,as that term is customarily used;and second,Leviathan did not allege,and cannot prove,that NBS was criminally convicted of a predicate offense.Should NBS succeed with these arguments? Explain your reasoning.

What is the basic remedial device in cases of Fourth Amendment violations?

________ believe that prevention of socially undesirable behavior is the only proper purpose of criminal penalties.

The ________ Amendment forbids cruel and unusual punishments.

Which of the following is true about the Fifth Amendment and the production of records?

________ means that the accused failed to perceive a substantial risk of harm that a reasonable person would have perceived.

Which of the following would the United States Supreme Court deny there is a reasonable expectation of privacy for items in these locations?

Special deterrence occurs when punishment of a wrongdoer deters other persons from committing similar offenses.

Criminal prosecutions are initiated by a:

Which of the following is an administrative procedure for recording the suspect's arrest?

In the case in the text,United States v.Jones,the court held that:

According to the law,crimes are statutory offenses;this essentially means that:

The case in the text,United States v.Anderson,discusses the three elements the government needs to prove to convict a defendant of conspiracy to commit wire fraud.Which of the following is not one of those elements?

As discussed in the case in the text,Berghuis v.Thompkins,a suspect ________ invoke his Miranda right to indicate that he wants to remain silent.