Question 1

Double jeopardy prohibits a person from being tried: ​

Accepted Answer

A)  for an offense and then for a lesser-included offense.
B)  by both state and federal governments for the same offense.
C)  by two different states for the same offense.
D)  again after the appellate court grants a new trial.

Question 2

In a case involving an entrapment defense, the ______ has the initial burden of coming forward with evidence.

Accepted Answer

The answer of In a case involving an entrapment defense,...

Question 3

Under the ________ sovereignty doctrine, different governments may each file separate criminal actions for the same criminal act.

Accepted Answer

The answer of Under the ________ sovereignty doctrine, different governments...

Question 4

Describe the elements of the defense of entrapment and the types of police activity that are not considered entrapment.

Accepted Answer

The defense of entrapment is based on the idea that a person should not be held criminally responsible for an offense if the idea to commit the crime was planted in their mind by law enforcement. In order to successfully argue entrapment, the defendant must show that they were induced to commit the crime by the police or government agents. This inducement can take the form of persuasion, trickery, or fraud.

There are two elements to the defense of entrapment: subjective and objective. The subjective element focuses on the defendant's state of mind and whether they were predisposed to commit the crime. If the defendant can show that they had no intention of committing the crime before being induced by law enforcement, they may have a valid entrapment defense. The objective element looks at the conduct of the police or government agents and whether their actions would have induced a law-abiding person to commit the crime.

However, not all police activity is considered entrapment. For example, providing an opportunity to commit a crime, such as leaving a car unlocked with valuables inside to catch a thief, is not considered entrapment. Similarly, using undercover agents to pose as criminals and offer opportunities to commit a crime is also not entrapment, as long as the defendant was already predisposed to commit the crime. In these cases, the police are not inducing the crime but merely providing an opportunity for the defendant to act on their own criminal intent.

Question 5

Ivan works for the Russian diplomatic delegation in Chicago as a part of the Russian Federation Consulate. On Friday night, Ivan has too much to drink and is involved in an automobile accident where several people are injured. Ivan provides identification to the Chicago City Police, and demands to be released immediately.

Accepted Answer

A)  Ivan was arrested and charged with various criminal offenses. He may gain his freedom by arguing that: ​
B)  he was performing a task for the Consulate when the accident occurred. ​
C)  being attached to the Consulate conferred absolute immunity upon him.
D)  diplomatic immunity covers all foreign nationals.
E)  his father is the Russian ambassador to the United States.

Question 6

The doctrine that allows the federal and a state government to file separate criminal actions for the same criminal act is called:

Accepted Answer

A)  federalism.
B)  dual sovereignty.
C)  res collateral .
D)  bi-level solution.

Question 7

While the legislature is in session or legislators are traveling to the legislature, both the US and most state constitutions provide immunity from:

Accepted Answer

A)  arrest.
B)  prosecution.
C)  both arrest and prosecution.
D)  serving a sentence.

Question 8

Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny's sister if Johnny didn't bring them illegal booze.

Accepted Answer

A)  If Bill and John had threatened Johnny, rather than Johnny's sister, then Johnny could claim the ______ defense.
B)  coercion
C)  entrapment
D)  necessity
E)  duress D

Question 9

Should the conduct of law enforcement agents be deemed outrageous, it may violate the defendant's right to due process.

Accepted Answer

A) True 
 B)False

Question 10

The protection against double jeopardy is found in the _____ Amendment.

Accepted Answer

A)  Fourth
B)  Fifth
C)  Sixth
D)  Eighth

Question 11

The burden of proof for an affirmative defense rests upon the:

Accepted Answer

A)  defense.
B)  prosecution.
C)  judge.
D)  police.

Question 12

Double jeopardy means that a person who has been acquitted by a judge or a jury may not be tried again, unless subsequent investigation reveals evidence that proves conclusively that the defendant is guilty.

Accepted Answer

A) True 
 B)False

Question 13

Mistake of fact may not be used as a defense for a ______ offense:

Accepted Answer

A)  felony
B)  misdemeanor
C)  capital
D)  strict liability

Question 14

______ is a defense based on unacceptable government persuasion even though the defendant admittedly chose to commit the crime.

Accepted Answer

A)  Entrapment
B)  Frame up
C)  Set up
D)  Necessity A

Question 15

A person who forces another to commit a crime may be charged with:

Accepted Answer

A)  duress.
B)  coercion.
C)  compulsion.
D)  necessity.

Question 16

Foreign diplomatic officers in the United States are immune from:

Accepted Answer

A)  arrest.
B)  prosecution.
C)  both arrest and prosecution.
D)  punishment for all crimes except felonies.

Question 17

Distinguish between a prosecution for the same offense or for a separate offense.

Accepted Answer

The distinction between a prosecution fo...

Question 18

A witness enjoys immunity from criminal prosecution related to the subject matter in ______ immunity.

Accepted Answer

A)  transactional
B)  use
C)  diplomatic
D)  legislative

Question 19

The doctrine that prevents a second determination of a charge or issue once it has been judicially determined in a case involving the same parties is called:

Accepted Answer

A)  jeopardy.
B)  corpus delicti .
C)  double jeopardy.
D)  estoppel judicata .

Question 20

The two kinds of witness immunity are transactional immunity and ____ immunity.

Accepted Answer

The answer of The two kinds of witness immunity are...

Exam 7: Other Criminal Defenses

Double jeopardy prohibits a person from being tried:

Correct Answer
verified

In a case involving an entrapment defense, the ______ has the initial burden of coming forward with evidence.

Correct Answer
verified

Under the ________ sovereignty doctrine, different governments may each file separate criminal actions for the same criminal act.

Correct Answer
verified

Describe the elements of the defense of entrapment and the types of police activity that are not considered entrapment.

Correct Answer
verified

The doctrine that allows the federal and a state government to file separate criminal actions for the same criminal act is called:

Correct Answer
verified

While the legislature is in session or legislators are traveling to the legislature, both the US and most state constitutions provide immunity from:

Correct Answer
verified

Correct Answer
verified
D

Should the conduct of law enforcement agents be deemed outrageous, it may violate the defendant's right to due process.

Correct Answer
verified

The protection against double jeopardy is found in the _____ Amendment.

Correct Answer
verified

The burden of proof for an affirmative defense rests upon the:

Correct Answer
verified

Double jeopardy means that a person who has been acquitted by a judge or a jury may not be tried again, unless subsequent investigation reveals evidence that proves conclusively that the defendant is guilty.

Correct Answer
verified

Mistake of fact may not be used as a defense for a ______ offense:

Correct Answer
verified

______ is a defense based on unacceptable government persuasion even though the defendant admittedly chose to commit the crime.

Correct Answer
verified
A

A person who forces another to commit a crime may be charged with:

Correct Answer
verified

Foreign diplomatic officers in the United States are immune from:

Correct Answer
verified

Distinguish between a prosecution for the same offense or for a separate offense.

Correct Answer
Answered by ExamLex AI
The distinction between a prosecution fo...
View Answer

A witness enjoys immunity from criminal prosecution related to the subject matter in ______ immunity.

Correct Answer
verified

The doctrine that prevents a second determination of a charge or issue once it has been judicially determined in a case involving the same parties is called:

Correct Answer
verified

The two kinds of witness immunity are transactional immunity and ____ immunity.

Correct Answer
verified

Exam 7: Other Criminal Defenses

Double jeopardy prohibits a person from being tried: ​

Correct AnswerverifiedShow Answer

In a case involving an entrapment defense, the ______ has the initial burden of coming forward with evidence.

Correct AnswerverifiedShow Answer

Under the ________ sovereignty doctrine, different governments may each file separate criminal actions for the same criminal act.

Correct AnswerverifiedShow Answer

Describe the elements of the defense of entrapment and the types of police activity that are not considered entrapment.

Correct AnswerverifiedShow Answer

The doctrine that allows the federal and a state government to file separate criminal actions for the same criminal act is called:

Correct AnswerverifiedShow Answer

While the legislature is in session or legislators are traveling to the legislature, both the US and most state constitutions provide immunity from:

Correct AnswerverifiedShow Answer

Correct AnswerverifiedD

Should the conduct of law enforcement agents be deemed outrageous, it may violate the defendant's right to due process.

Correct AnswerverifiedShow Answer

The protection against double jeopardy is found in the _____ Amendment.

Correct AnswerverifiedShow Answer

The burden of proof for an affirmative defense rests upon the:

Correct AnswerverifiedShow Answer

Double jeopardy means that a person who has been acquitted by a judge or a jury may not be tried again, unless subsequent investigation reveals evidence that proves conclusively that the defendant is guilty.

Correct AnswerverifiedShow Answer

Mistake of fact may not be used as a defense for a ______ offense:

Correct AnswerverifiedShow Answer

______ is a defense based on unacceptable government persuasion even though the defendant admittedly chose to commit the crime.

Correct AnswerverifiedA

A person who forces another to commit a crime may be charged with:

Correct AnswerverifiedShow Answer

Foreign diplomatic officers in the United States are immune from:

Correct AnswerverifiedShow Answer

Distinguish between a prosecution for the same offense or for a separate offense.

Correct AnswerAnswered by ExamLex AIThe distinction between a prosecution fo...View AnswerShow Answer

A witness enjoys immunity from criminal prosecution related to the subject matter in ______ immunity.

Correct AnswerverifiedShow Answer

The doctrine that prevents a second determination of a charge or issue once it has been judicially determined in a case involving the same parties is called:

Correct AnswerverifiedShow Answer

The two kinds of witness immunity are transactional immunity and ____ immunity.

Correct AnswerverifiedShow Answer

Double jeopardy prohibits a person from being tried:

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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D

Correct Answer
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A

Correct Answer
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Correct Answer
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Correct Answer
Answered by ExamLex AI
The distinction between a prosecution fo...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified