Test Bank For Criminal Law and Procedure , 7th Edition

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PART III
TEST BANK
CHAPTER 1
1. Which of the following is not true about the distinction between civil and criminal law?
a. A purpose of civil law is to compensate individuals for injuries caused by others.
b. A purpose of criminal law is to deter future misconduct.
c. A purpose of civil law is to punish individuals for misconduct.
d. A purpose of criminal law is to punish individuals for misconduct.
2. A court of record is one that
a. maintains a comprehensive filing system.
b. keeps verbatim records of its hearings and trials.
c. maintains docket sheets.
d. is an intermediate level appellate court and above.
3. Judicial review is best defined as
a. a review of a trial court’s actions by an appellate court.
b. the authority of a court to hear a case.
c. an evaluation of a judge’s behavior by a judicial disciplinary panel.
d. the power of the judicial branch to review the actions of the executive and
legislative branches.
4. Separation of powers refers to
a. the division of power between the federal government and the states.
b. the division of power between the executive, legislative, and judicial branches of
government.
c. the division of power between the two levels of courts: the trial and the
appellate.
d. the division of power between the various law enforcement agencies of the
federal government.
5. Which of the following best describes the responsibility of the executive branch in
criminal law?
a. The detection, investigation, and prosecution of criminals
b. The determination of what behavior is criminal
c. The creation of written law prohibiting behavior found to be dangerous or
undesirable by society
d. The trial of alleged criminals

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6. A court of general jurisdiction has the authority to hear
a. all cases arising under state law, whether civil or criminal.
b. all criminal cases arising under state law.
c. all civil cases arising under state law.
d. all civil cases or all criminal cases arising under state law.
7. The burden of proof in most civil cases is
a. preponderance of the evidence.
b. clear and convincing evidence.
c. beyond a reasonable doubt.
d. beyond a shadow of a doubt.
8. The burden of proof in criminal cases is
a. preponderance of the evidence.
b. clear and convincing evidence.
c. beyond a reasonable doubt.
d. beyond a shadow of a doubt.
9. Which of the following is the least desirable goal of criminal law?
a. Deterrence
b. Retribution
c. Incapacitation
d. Rehabilitation
10. In what case did the U.S. Supreme Court hold that due process expects punitive damages
to be reasonable, considering: (1) the degree of reprehensibility of conduct, (2) the
disparity between actual harm and the punitive award, and (3) a comparison of the
award to similar civil or criminal penalties?
a. State Farm v. Campbell
b. Exxon Shipping Co. v. Baker
c. Phillip Morris U.S.A. v. Williams
d. BMW v. Gore
11. T or F: The Framers of the United States Constitution intended for the federal
government to hold most governmental powers.
12. T or F: The constitutional prohibition of double jeopardy was intended to preclude two
trials or punishments by the same jurisdiction, not by multiple jurisdictions.
13. T or F: Most law-enforcement activities in the United States are performed by federal
officers.

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14. T or F: A person who commits a battery may be held liable in both civil and criminal
courts.
15. T or F: The Supreme Court of the United States agrees to hear only a small percentage of
the cases appealed to it.
16. T or F: Punitive damages may be awarded only in criminal cases.
17. T or F: Only the government may file criminal charges.
18. T or F: The Tenth Amendment to the United States Constitution grants certain rights to
the states and reserves all other rights for the federal government.
19. T or F: A person injured by another’s negligence may sue in tort law.
20. T or F: Criminal law involves delicate balancing between civil liberties and the need to
protect society.
21. The United States is divided into two sovereign forms of government. What are these
forms? Identify the two terms that are commonly used to identify this division of power.
22. What is a sidebar in a trial? What is its purpose?
23. Under what circumstances does concurrent jurisdiction exist?
24. Oscar hired a contractor to build a new carport outside his home. The contractor took
full payment, worked one day, and then never returned. She is not responding to any of
Oscar’s phone messages or emails. Would this case be easier to prove as a civil case or
as a criminal case? Explain.
25. Why did the Supreme Court invalidate the Gun-Free Zone Act of 1990? Why was the
Brady Handgun Protection Act invalidated in Printz v. United States in 1977?
26. Identify four purposes of punishing those who violate criminal law.
CHAPTER 2
1. As a field of law, criminal law defines
a. the process of law enforcement.
b. the rights of those accused of criminal conduct.
c. what a crime is.
d. the procedure for defending against a criminal accusation.
2. Vital to the existence of common law is the concept of
a. federalism.
b. stare decisis.

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c. jurisdiction.
d. the principle of legality.
3. Which of the following sources of law is not responsible for defining criminal conduct?
a. Court rules
b. Administrative law
c. Statutory law
d. Ordinances
4. The Model Penal Code
a. is the penal law of the United States.
b. is a code drafted by scholars with the hope that the states would consider its
ratification.
c. is a code drafted by the New York legislature that has been adopted by many
other states.
d. is a code drafted by scholars for use in academic settings only.
5. Which of the following statements is true?
a. The common law is the oldest form of law in the United States and may be
changed only by the Constitution.
b. The common law is the oldest form of law in the United States and may be
changed by legislative command or constitutional provision.
c. The common law has been completely abolished in the United States.
d. The common law may be changed by any other form of law.
6. What does the principle of legality require of the government?
a. Notice that conduct is illegal before the conduct occurs
b. Notice of the right to appeal after conviction
c. Notice of the taking of property
d. None of the above
7. What is the source of most penal law today?
a. Constitution of the United States
b. Constitutions of the states
c. Federal statutes
d. State statutes and local ordinances
8. Laws created by administrative agencies are known as
a. constitutions.
b. statutes.

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c. ordinances.
d. rules or regulations.
9. In all common law countries, which of the following is/are the primary lawmaker(s)?
a. Courts
b. Legislatures
c. Electorate
d. President
10. T or F: Statutory law is the highest form of law.
11. T or F: Ordinances are written laws of government agencies.
12. T or F: The Constitution is an important source in defining what behavior is criminal.
13. T or F: The legality principle is a due process concept requiring that crimes be defined
before punishments are imposed.
14. T or F: Once abolished, the common law no longer serves any function.
15. T or F: The common law is the same in every state.
16. T or F: The United States Supreme Court has found an implicit right to privacy in the
Due Process Clause’s protection of liberty.
17. T or F: Nullum crimen sine lege is a Latin phrase meaning that decisions in one case
should be “precedent” for future cases.
18. T or F: Administrative agencies may promulgate criminal prohibitions, but they may not
determine the punishment.
19. T or F: A defense attorney has an ethical obligation to represent a client zealously even
if the client has committed a horrendous crime.
20. What is the doctrine of stare decisis? Why is it important?
21. After reading a legal case, what is the next step that should be taken to brief the case?
Why?
22. Briefly explain the distinction between substantive law and procedural law.
23. Suppose that the California Supreme Court has just decided a case. Is that case now the
law of the land? Explain.
24. What is required by the due process clauses of the Fifth and Fourteenth Amendments to
the U.S. Constitution?

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CHAPTER 3
1. Mens rea is best defined as
a. the mental aspect of any crime.
b. the mental and physical aspects of any crime.
c. the intent to cause a specific result.
d. the intent to take a specific physical act.
2. In common-law terms, a person who intended an act but not its consequences acted
with
a. specific intent.
b. general intent.
c. transferred intent.
d. particular intent.
3. Assume that John fired a gun at Pat, intending to injure but not kill her. However,
because of his poor aim, he fatally hit her in the ear. Under the Model Penal Code, he
acted
a. purposefully.
b. knowingly.
c. negligently.
d. recklessly.
4. At trial, a conclusion that must be made by judge or jury until disproved is a(n)
a. inference.
b. rebuttable presumption.
c. irrebuttable presumption.
d. non-final presumption.
5. A state statute states that corporate officers are liable for violations of their product
safety laws even if the duty to comply with those laws is delegated to company
employees. This is an example of
a. strict liability.
b. corporate liability.
c. liability for recklessness.
d. vicarious liability.
6–10. Mark each of the following crimes as M for malum prohibitum or S for malum in se.
6. Failure to file a required tax return
7. Murder

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8. Child molestation
9. Failure to appear in court, as ordered
10. Simple battery
11. Which of the following is most true concerning general and specific intent?
a. General intent is easier for a prosecutor to prove.
b. Specific intent is easier for a prosecutor to prove.
c. They are essentially the same today.
d. General intent requires proof of the use of a weapon, while specific intent does
not.
12. Which of the following crimes is best described as malum prohibitum and not malum in
se?
a. Failure to file a tax return
b. Murder
c. Rape
d. Burglary
13. Which of the following is not a generally recognized canon of statutory construction?
a. If possible, a statute is to be construed as constitutional.
b. Criminal law statutes are to be construed broadly to include as many people and
behaviors as possible.
c. The plain meaning of statutes is to be enforced unless the result is absurd.
d. In a criminal case, ambiguous language in statutes is to read in the defendant’s
favor.
14. John steals a controlled substance from a pharmacy for his wife, who is ill. They do not
have the money to purchase the drug, which was prescribed by the wife’s physician.
John’s intention of helping his wife is best characterized as his
a. mens rea.
b. actus reus.
c. motive.
d. concurrence.
15. Concurrence refers to the joining of
a. mens rea and motive.
b. motive and actus reus.
c. actus reus and harm to a victim.
d. mens rea and actus reus.

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16. T or F: Generally, a person may not be prosecuted for failing to save a stranger whose
life is in danger.
17. T or F: Generally, only persons (and not corporations) may be held criminally liable.
18. T or F: Transferred intent refers to a situation in which one individual is liable for the
actions of another individual as a result of a special relationship.
19. T or F: Every element of a crime must be proven beyond a reasonable doubt for a
defendant to be convicted.
20. T or F: All crimes must have two basic elements: a mental element (mens rea) and a
physical element (actus reus).
21. T or F: Strict liability crimes were not recognized under the common law.
22. T or F: For a law to qualify as a public welfare statute, the harm that it seeks to prevent
or control must seriously threaten health or life.
23. T or F: Generally, failure to assist a drowning person is not criminal.
24. T or F: A parent has a moral but not a legal obligation to obtain medical help for his or
her child.
25. T or F: When courts construe criminal statutes, strict liability is presumed if the statute
does not specify a mens rea.
26. T or F: Corporations may be punished for crimes.
27. T or F: Specific intent under the common law most closely resembles knowing behavior
under the Model Penal Code.
28. T or F: Concurrence refers to the joining of mens rea and actus reus.
29. T or F: Although a state is unlikely to do it, a person may be punished for being
homeless.
30. T or F: Failing to report child abuse is an example of omission as a crime.
31. T or F: The year-and-a-day rule is a new development founded upon modern medical
advances.
32. T or F: One must prove motive to establish mens rea.
33. T or F: Defense and prosecuting attorneys share identical constitutional and ethical
missions.
34. T or F: Both prosecutors and defense attorneys have an obligation to act within the
bounds of the law even when it undermines the interests of their clients.

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35. Briefly explain the distinction between general intent and specific intent.
36. What is the doctrine of transferred intent? What are two limits on the doctrine?
37. How might the legislative history of a statute be helpful in determination of a mens rea
requirement for a crime?
38. What is vicarious liability? How does it differ from strict liability?
39. What facts gave rise to the criminal charges filed against the Ford Motor Company in
relation to the Ford Pinto? Identify the crime with which Ford was charged. Was Ford
convicted of the crime? Why is the case important in the arena of corporate criminal
liability?
CHAPTER 4
1. In those jurisdictions that continue to recognize the doctrine, felony murder is normally
punished equally with
a. first-degree murder.
b. second-degree murder.
c. manslaughter.
d. the highest misdemeanor recognized by state law.
2. If a defendant does not intend to kill but does intend to inflict serious bodily injury, he
or she is guilty of _____ if the victim dies.
a. first-degree murder
b. second-degree murder
c. voluntary manslaughter
d. involuntary manslaughter
3. Assume that a defendant is accused of killing a person using a knife. He is tried in a
jurisdiction that recognizes the deadly weapon doctrine. At trial, this means that
a. there is an irrebuttable presumption that the defendant intended to cause the
victim’s death.
b. there is a rebuttable presumption that the defendant intended to cause the
victim’s death.
c. the defendant may be convicted of first-degree murder or a lower murder.
d. the defendant may be convicted of only first-degree murder.
e. both A and D are correct.
f. both B and C are correct.

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Test Bank 39
4. Which of the following are not deadly weapons for purposes of the deadly weapon
doctrine?
a. A bowling ball
b. A shovel
c. A rope
d. All of the above are deadly weapons.
e. None of the above are deadly weapons.
5. The primary distinction between first- and second-degree murder is the absence of _____
in second-degree murder.
a. willfulness
b. premeditation or deliberation
c. an intent to cause the victim’s death
d. B and C
e. all of the above
6. If a defendant has committed a homicide resulting from mutual combat with the victim,
he or she is guilty of
a. first-degree murder.
b. second-degree murder.
c. voluntary manslaughter.
d. reckless manslaughter.
7. So-called rape shield laws prevent
a. the admission of evidence concerning a rape victim’s sexual history in all
circumstances.
b. the admission of evidence concerning a rape victim’s sexual history in most
circumstances.
c. the admission of evidence concerning the rape victim’s and the defendant’s
sexual history.
d. defense attorneys from requiring rape victims to give details of the rape that are
humiliating to the victim.
8. The primary distinction between kidnapping and false imprisonment is the absence of
_____ in false imprisonment.
a. intent to cause death or serious bodily injury
b. crossing a state line
c. asportation
d. a ransom demand

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40 Test Bank
9. Corpus delecti is best defined as
a. the mens rea of murder.
b. the actus reus of murder.
c. the body of a crime.
d. the motive of a person for committing a crime.
10. Megan’s Laws provide for
a. life incarceration for sex off enders.
b. capital punishment for sex off enders.
c. registration of sex off enders with police agencies.
d. fines for sex off enders.
11. In the 1997 case Kansas v. Hendricks, the Supreme Court held that a sex offender may be
a. civilly committed after being released from prison so long as the crime for which
the offender was imprisoned was “shockingly indecent.”
b. civilly committed after being released from prison so long as the off ender
suffers from a mental illness that causes him or her to be a danger to others.
c. imprisoned for life.
d. executed.
12. Under the Model Penal Code, which of the following states of mind never satisfies the
mens rea requirement for murder?
a. Purposeful
b. Reckless
c. Negligent
d. Both B and C
13. T or F: The Supreme Court of the United States has held that the Fourteenth and Ninth
Amendments to the United States Constitution protect an individual’s right to commit
suicide provided the individual is competent in age and mental condition.
14. T or F: Under the common law, it was not rape for a husband to physically force his wife
to have sex with him.
15. T or F: In most jurisdictions today, a rape conviction may not be had when a victim does
not physically resist an attacker.
16. T or F: A statute that makes it a crime to “write, speak, or otherwise communicate a
belief that is offensive to the ordinary member of any racial, ethnic, or religious group”
is most likely violative of the First Amendment to the United States Constitution.

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Test Bank 41
17. T or F: A statute that enhances the penalty for battery if the offense was “motivated by
racial, ethnic, or religious animus” is most likely violative of the First Amendment to the
United States Constitution.
18. T or F: Under the Model Penal Code, only “firearms, explosives, and cutting instruments”
qualify as deadly weapons for the purpose of the deadly weapon doctrine.
19. T or F: If Jane kills her husband immediately after discovering him in bed with another
woman, Jane is guilty of second-degree murder.
20. T or F: To have sex with a woman who is unconscious is rape.
21. T or F: Defendant hitting Victim with a rock is not a battery because there has been no
actual contact between Defendant and Victim.
22. T or F: Under modern statutes, a woman must forcibly resist a rape; otherwise, the
rapist may not be convicted.
23. T or F: At common law, there were two degrees of murder and two degrees of
manslaughter.
24. T or F: If Defendant cuts off Victims arm, an aggravated battery has been committed.
25. T or F: If Defendant cuts off Victims arm, mayhem has been committed.
26. T or F: When the right to counsel attaches in a criminal case, a defendant is entitled to
the effective assistance of counsel.
27. Shortly after the terrorist attacks on the World Trade Center and Pentagon, letters
containing Anthrax spores were mailed to senators and media outlets. Did any deaths
result? Why were criminal charges never filed in the case? Would the facts of the case
have supported a high mens rea homicide charge? Explain.
28. Matthew F. Hale graduated from law school and passed the Illinois Bar exam; however,
he was never admitted to the Illinois Bar. Why not? How was Hale’s situation similar to
that of an applicant to the Illinois Bar in 1950?
29. Why is it important for prosecutors and defense attorneys to be cognizant of each and
every element of a crime?
30. Explain the significance of merger of offenses and double jeopardy.
31. At common law, what was the distinction between murder and manslaughter?

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CHAPTER 5
1. Arson has changed significantly from its common law definition. All of the following
except one represent common changes to the common law of arson. The exception has
always been true. Choose the exception.
a. It is arson to burn an outhouse.
b. It is arson to cause a dwelling to explode.
c. A homeowner may be convicted of burning his or her own property if the act
was done with intent to collect insurance money.
d. It is arson to burn a business.
2. Which of the following is not true?
a. Common-law burglary could be committed only at night.
b. Common-law burglary could be committed only in a dwelling.
c. Common-law burglary required an actual breaking and entry into the structure.
d. Common-law burglary required an actual or constructive breaking into the
structure.
3. A lawyer who steals a client’s trust fund has committed
a. larceny.
b. embezzlement.
c. conversion.
d. trust larceny.
4. Under the common law, it would not have been larceny to steal which of the following?
a. Stereo
b. Stock certificate
c. Automobile
d. Purse
5. For prosecution under the federal RICO statute to occur, a “pattern of racketeering
activity” must be proved. A pattern is
a. two or more predicate acts.
b. three or more predicate acts.
c. four or more predicate acts.
d. none of the above.
6. Which of the following is not true about federal RICO?
a. It has both civil and criminal components.
b. Its purpose is to thwart organized crime.
c. Forfeiture may result from a RICO conviction.
d. All individuals engaged in fraud are subject to its punishment.

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7. Larry learns that Nancy and Frank are having an affair. Larry contacts the two,
threatening to expose the relationship to their respective spouses unless they pay him
$5,000. Larry is guilty of
a. larceny.
b. extortion.
c. bribery.
d. embezzlement.
8. The mens rea element of receiving stolen property has two aspects. First, there must be
intent to deprive the owner of the property. Second, the prosecution must prove
a. actual knowledge that the property was stolen.
b. that actual knowledge is not dispositive; so long as a reasonable person would
have known the property was stolen, the crime has been committed.
c. neither A nor B
d. both A and B
9. Criminal mischief commonly refers to what actus reus?
a. Disturbing others
b. Juvenile misdemeanors
c. Destruction of property
d. None of the above
10. Which of the following crimes is not included in the Model Penal Code’s Consolidated
Theft Statute?
a. Larceny
b. Robbery
c. Extortion
d. Embezzlement
11. Fences commonly commit what crime?
a. Extortion
b. Receiving stolen property
c. False pretenses
d. Larceny
12. T or F: Asportation refers to the mens rea element of the theft crimes.
13. T or F: Embezzlement of money belonging to a federally insured banking institution is
both a federal and state crime.
14. T or F: The purpose of RICO is to thwart the interstate transportation of minors for
illegal purposes.

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15. T or F: Opening an unlocked door and stepping into a house constitutes a “breaking” for
purposes of burglary.
16. T or F: Walking through an open door constitutes a “breaking” for purposes of burglary.
17. T or F: Under the Model Penal Code, a defendant who is charged with larceny may be
convicted of embezzlement at trial.
18. T or F: A person who has lost property to a theft crime must choose between pursuing
the criminal remedy or the civil remedy.
19. T or F: Under the common law, burglary could occur only at night.
20. T or F: Burglary is a specific-intent crime.
21. T or F: Extortion is commonly known as blackmail.
22. T or F: Sidney leaves her laptop computer in a study carrel at the university library
while she uses the restroom. While Sidney is gone, Carmen takes the computer with the
intention of keeping it. Carmen has committed a robbery.
23. T or F: Harry Homeowner hires Ellie Electrician to make some repairs in his home.
While working on the wiring in the basement, Ellie found and pocketed a ring that was
lying on a table. Ellie has committed a burglary.
24. T or F: RICO is a state statute that enhances the penalty for mail fraud.
25. T or F: At the common law, malice was the mens rea of arson.
26. T or F: In most jurisdictions, a defendant is granted a new trial because of the quality of
his or her trial counsel if it is shown that the attorney’s service fell below the average of
the state’s criminal defense bar.
27. What is forgery? What are two purposes of forgery statutes? What is the underlying
public policy consideration behind forgery statutes?
28. Briefly explain the difference between the modern-day charges of robbery and burglary.
29. Is proving “an intent to permanently deprive the owner of possession” the only common
method of proving the mens rea of larceny? Explain.
30. At common law, what was the distinction between larceny and embezzlement?
31. What are the three common material elements in bad-check statutes?

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CHAPTER 6
1. Miller v. California, 413 U.S. 15 (1973), changed the law of obscenity. One element of the
prior obscenity test required that the material be “utterly without redeeming social
value.” This was changed by Miller to
a. shocking to reasonable persons.
b. lacking in serious literary, artistic, political, or scientific value.
c. lacking in any literary, artistic, political, or scientific value.
d. none of the above.
2. Miller v. California, 413 U.S. 15 (1973), had this effect on obscenity law.
a. It further limited the authority of the government to regulate sexual materials.
b. It increased the authority of the government to regulate sexual materials.
c. While it changed the test used to determine whether material is subject to
regulation, it neither increased nor decreased the authority of the government.
d. It declared that only sexually explicit materials involving children may be
regulated.
3. A statute that makes it a crime to be addicted to drugs is
a. constitutional.
b. unconstitutional, as it violates the Fourteenth Amendment’s Due Process Clause
and the Eighth Amendment’s Cruel and Unusual Punishment Clause.
c. unconstitutional, as it violates the First Amendment’s Free Speech Clause.
d. unconstitutional, as it violates the Fourteenth Amendment’s Equal Protection
Clause.
4. Which of the following is true?
a. Prostitution is illegal in the United States by act of the Congress of the United
States.
b. Prostitution has been made illegal by the legislature of every state in the union.
c. Prostitution has been made illegal by most state legislatures.
d. None of the above are true.
5. The federal drug kingpin statute also is known as
a. RICO, or Racketeering Influenced Corrupt Organizations Act.
b. Drug Prevention and Control Act.
c. Controlled Substances Prevention and Control Act.
d. CCE, or Continuing Criminal Enterprise Act.

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6. Which of the following is not an element of the federal Continuing Criminal Enterprise
Act (CCE)?
a. The defendant is an administrator, an organizer, or another leader of
b. A group of five or more people
c. Who are involved in a series of drug crimes
d. Involving international transportation of drugs
7. Samra is ordered by a court to discontinue striking her employer by July 3. Samra
refused to comply and appeared before the judge on July 5. After a stern lecture from
the judge, Samra agreed to return to work. However, the judge believes that Samra
should be punished for her behavior. What offense has Samra committed?
a. Indirect criminal contempt
b. Direct criminal contempt
c. Civil contempt
d. Obstruction of justice
8. John refuses to pay his court-ordered child support. The judge orders John jailed until
he complies. Under which of the following does the judge find his authority to order
John committed?
a. Civil contempt
b. Indirect criminal contempt
c. Direct criminal contempt
d. None of the above
9. The Model Penal Code contains a crime: failure to disperse. Under this law, an officer
may order two or more people to disperse provided
a. the assembly is likely to cause substantial harm, serious inconvenience,
annoyance, or alarm to others.
b. the assembly has caused property damage or personal injury.
c. the assembly has congregated to listen to a speaker who is disparaging to the
government.
d. the officer believes the assembly may become riotous.
10. Many of the limitations of the Gun Control Act were reduced by:
a. District of Columbia v. Heller.
b. the National Firearms Act.
c. McDonald v. Chicago.
d. the Firearm Owners Protection Act.

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11. Which of the following statements is not protected by the First Amendment?
a. I believe and encourage when the new year comes that all minorities should rise
against the government!
b. I just raped your wife!
c. You are a worthless, no-good asshole!
d. None of the above.
12. Which of the following (A, B, or C) is not an element of the crime of international
terrorism as defined by the federal government? It is an act that if committed in the
United States would have been a federal or state crime and appeared to have intended
to do one of the following:
a. intimidate or coerce a civilian
b. influence the policy of another nation through intimidation or coercion
c. affect the conduct of another nation through mass destruction, assassination, or
kidnapping
13. T or F: Mature, consenting adults may engage in homosexual conduct in the United
States without interference of the government.
14. T or F: Prostitution is a crime throughout the entire United States.
15. T or F: The definition of obscenity varies from community to community.
16. T or F: States have greater authority to regulate sexually explicit materials when
children rather than adults are involved.
17. T or F: The First Amendment protects one’s right to read and distribute sexually explicit
materials provided those materials are not “obscene.”
18. T or F: Panhandling is protected expression under the First Amendment.
19. T or F: Nude dancing has been held obscene and not protected by the First Amendment.
20. T or F: A person who lies when testifying before a grand jury has committed
subordination of perjury.
21. T or F: States have unlimited power to regulate marriage.
22. T or F: The federal Communications Decency Act of 1996 was invalidated because it
violated the First Amendment’s Free Speech Clause.
23. T or F: A statute that prohibits the possession of an item that is designed for or
primarily intended for illegal drug use is too vague to survive federal constitutional
scrutiny.

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48 Test Bank
24. T or F: Prosecutors have an ethical obligation to disclose exculpatory evidence to
defendants.
25. Identify the new statute promulgated by the U.S. Congress to respond to the Free Speech
Coalition case. What was the statute designed to do? How was the statute designed to
avoid the overbreadth problem of Free Speech Coalition. How was the statute received in
U.S. v. Williams (2008)?
26. What is a breach of the peace? Is a breach of the peace defined and treated in the same
way from one state to the next throughout the country? Do all jurisdictions today
prohibit breaches of the peace in some form by statute? Identify at least four statutory
crimes that are breaches of the peace.
27. What are fighting words? What is the fighting words doctrine? Why is it an important
legal doctrine?
28. The possession of firearms has been a widely debated topic throughout the history of
the United States. What was the general initial interpretation of the Second Amendment
as related to individual rights and requirement of a militia? What was the impact of the
2008 District of Columbia v. Heller case on this interpretation—and in which jurisdiction
was the decision recognized as binding?
29. What is a roving wiretap? What was the impact of the Patriot Act on roving wiretaps?
CHAPTER 7
1. Bill has been appointed conservator for his mother. His sister, Marge, devised a scheme
to steal their dear old mother’s savings. Marge presented the plan to Bill and
encouraged him to steal the money. He did so and split the proceeds with Marge. Marge
is best described as a(n)
a. principal in the first degree.
b. principal in the second degree.
c. accessory before the fact.
d. accessory after the fact.
2. Bill has been appointed conservator for his mother. His sister, Marge, devised a scheme
to steal their dear old mother’s savings. Marge presented the plan to Bill, and he agreed
to proceed. Bill and Marge went to Mother’s bank, and Bill used his status as
conservator to gain access to Mother’s safe-deposit box. While Marge waited outside the
vault with the bank officer, Bill removed all of the money, jewels, and stock certificates
in the safe-deposit box. Later the two split the contents. Marge is best described as a(n)
a. principal in the first degree.
b. principal in the second degree.
c. accessory before the fact.
d. accessory after the fact.

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Test Bank For Criminal Law and Procedure , 7th Edition

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