Exam 16: Federal Criminal Law

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Assume you were a member of Congress and wish to pass a bill declaring murder of any American citizen a federal crime.Which provision of the Constitution would you use for a jurisdictional basis?

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Answers will vary but student should recognize the limitations imposed by the Constitution.Any proposal would need to be tied to an enumerated power of Congress.The broadest possible basis would be the commerce clause.Other powers of Congress would likely limited the desired broader application of the proposed murder statutes.If the commerce clause is to serve as the basis,the student should be prepared to discuss the limitations imposed by U.S.v.Lopez.

Should the federal role in the nation's criminal law enforcement be expanded or diminished? Why?

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Student responses will vary but might refer to such items as:
•Traditional roles of state and federal government in criminal law enforcement
•Financial resources of federal government
•Desirability of standardization of criminal laws in same manner as traffic laws are standardized
•Principle that local government is more politically accountable than national government
•Increasing interstate and international nature of crime
•Use of internet for criminal activity is difficult for local police to monitor and investigate

The authority of the federal government to punish an individual who steals an automobile in California and drives it to Texas is drawn from the commerce clause of the U.S.Constitution.

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Which of the following criminal offenses is specifically mentioned in the U.S.Constitution?

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An intention to intimidate or coerce a civilian population is an element of the FBI's definition of both domestic and international terrorism.

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Assassination of the President is the only crime specifically mentioned in the U.S.Constitution.

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Disorderly behavior committed on federal property located in Texas becomes a federal crime if the conduct violates the Texas disorderly conduct statute.

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In general,a violation of the federal Patriot Act requires that the crime involve:

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Crimes against property,such as burglary and theft,are normally not considered to be acts of terrorism even if committed by members of a terrorist organization.

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Federal criminal statutes are located in Title 18 of the:

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To be convicted under the federal RICO statute,the prosecution must prove that the defendant intended to defraud the federal or a state government.

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A key element of whether a crime is considered to be an act of terrorism is whether or not the crime involves:

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All federal criminal statutes must be related to a power of Congress specified in the U.S.Constitution.

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Which of the following is a violation of federal anti-terrorism law?

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In order to successfully prosecute a RICO Act violation,the federal prosecutor must establish as an element of the offense that the pattern of racketeering affected interstate commerce.

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The federal statute that makes state law applicable on federal lands in circumstances where the act or omission has not been declared a federal crime is known as the:

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The Assimilative Crimes Act applies ________ law to conduct occurring on federal lands within Texas if Congress has not enacted a statute criminalizing the conduct.

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Whether or not a criminal act is an act of terrorism depends upon the ________ of the perpetrator.

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A special form of conspiracy statute found in federal law is known by the acronym RICO.The letters RICO stand for:

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Assume Freddie is arrested by a park ranger for erratic driving in Big Bend National Park.It is determined that Freddie is severely intoxicated.No federal driving while intoxicated (DWI)statute exists.What will likely be the result of Freddie's arrest?

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