Criminal Law- Final Law
Put your name at the top of each page of your answer sheet.
Short Answer: 5 points each: Repeat each question before your answer. Use complete sentences with correct grammar and punctuation. Each of these questions requires four or more sentences.
1. Simon Sinister was involved in a nationwide child trafficking ring. While in Michigan, he came across Tom Thumb, a 14 year old boy. While things had been slow, Sinister thought he would be able to trade the boy quickly given the boy’s potential to do hard labor. He snatched up Tom and took him to Milwaukee, Wisconsin; Milwaukee is a major base for child trafficking. Sinister was at the motel with Tom waiting for his contact when the motel was raided by a joint task force including members of Milwaukee State Police, Michigan State Police, and FBI. Somehow, Sister’s sister reported what Simon was up to and gave out his location.
· The Sherriff’s department in Milwaukee sought and obtained an arrest warrant for human trafficking.
· The Michigan State police sought and obtained an arrest warrant for kidnapping.
· The FBI sought and obtained an arrest warrant for human trafficking, kidnapping across state lines, and child endangerment.
Can all three jurisdictions proceed with charges under the double jeopardy clause? Why or why not?
2. You are investigating a report from a woman who claims that her boyfriend beat her, raped her, and then locked her in their bedroom on Friday. She was locked in the bedroom for the entire week-end, but he let her out this morning so she could go to work. He told her that if she called the police, he would kill her. She is taken to the hospital for a rape kit and to address the severe bruising you’ve noted on her head, neck, and arms. You execute a search warrant at the residence and find the bedroom door had three screws in it from the outside as if to prevent the door from opening. Later, the doctor confirms the victim has vaginal trauma consistent with forcible sex. After unsuccessfully locating the suspect for an interview, you decide to process the request for criminal charges so you can arrest him and keep the woman safe. You ask the prosecutor to charge which crimes:
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a. |
Home invasion, false imprisonment, and rape |
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b. |
Rape, domestic violence, and false imprisonment |
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c. |
Domestic violence and kidnapping |
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d. |
Rape, kidnapping, domestic violence, and home invasion |
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Choice: __________ Explain your answer:
3. You are on duty in your police vehicle and are sent by dispatch to a domestic violence call. While there, you observe the husband with scratch marks on his throat and arms and the wife has severe bruises on her legs. During your interview, she tells you that her husband came home drunk, assaulted her, and raped her. She leaves with the ambulance for the hospital for medical attention including a rape kit. During your interview with the husband, he tells you that his wife enjoys rough sex and they were acting out a fantasy. Presuming you have the authority to do any of the following things, which do you do?
a. Take your report, leave the scene, and consider it a civil matter.
b. Arrest the man for domestic violence.
c. Take your report, leave the scene, go to the hospital for further investigation, and process your report with a request to the prosecutor.
d. Request back up to arrest the man for domestic violence so you can follow through with the victim at the hospital. Then you complete your investigation, process your report and file it with the prosecutor.
Choice: __________ Explain your answer:
Matching (Place the alphabetical letter next to the correct Amendment) (5 points)
Final Exam ~ Summer 2020 Name: ________________________
_____ 1. First Amendment
_____ 2. Fourth Amendment
_____ 3. Fifth Amendment
_____ 4. Sixth Amendment
_____ 5. Eighth Amendment
a. Prohibits cruel and unusual punishment
b. Prohibits warrant-less searches
c. Provides for criminal trial rights
d. Protects freedom of speech
e. Source for Miranda rules
True/False ~ each question is worth 1 point (Total 5 points). Use the full work True or False on each line.
_____ 1. The offense of inciting another to commit a crime is not completed until the other person performs the unlawful act.
_____ 2. Fighting words” are protected speech under the First Amendment.
_____ 3. The doctrine of transferred intent allows a murder suspect to escape punishment if someone other than the intended victim is killed.
_____ 4. The U.S. Supreme Court held that the Death with Dignity Law did not violate the Federal Controlled Substance Law.
_____ 5. Self-defense and necessity can be defenses to assault.
Simple Multiple Choice : Each question is worth one point. (5 points). Place your answer on the line. Be sure your letter is clearly written.
______1. Direct contempt is that which
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a. |
directly challenges the authority of the court or legislative body |
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b. |
occurs in the presence of the judge or legislative body |
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c. |
may be punished following a trial on the issue |
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d. |
directly affects the defendant |
______2. Constructive or indirect contempt is that which
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a. |
does not occur in the presence of the court or legislative body |
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b. |
is done without wrongful intent |
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c. |
occurs in the presence of the judge |
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d. |
may be punished summarily |
______3. The reason fraud convictions require action done knowingly is because
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a. |
persons committing fraud do not always know what they are doing |
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b. |
fraud causes more harm than most other crimes |
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c. |
too many people would be falsely convicted otherwise |
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d. |
fraud is a crime of deceit |
______4. People who believe that organized government is evil may be referred to as
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a. |
Anarchists |
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b. |
Agnostics |
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c. |
Advocates |
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d. |
Agents |
______5. The class of criminal conduct with a single goal of economic gain is known as
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a. |
wire fraud |
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b. |
Racketeering |
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c. |
white collar crime |
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d. |
bank fraud |