Toussaint Law 3220 exam two
Questions & Answers Graded A+
Solutions
crime - CORRECT ANSWER-positive or negative actions that violates a penal law
crime is an act - CORRECT ANSWER-against federal, state or local government
who decides the criminality of actions - CORRECT ANSWER-congress and state
legislators
new version of "break and entering" - CORRECT ANSWER-unauthorized entry into
computer systems
felony - CORRECT ANSWER-crime punishable by more than a year in jail
seriousness of criminal charge - CORRECT ANSWER-class A class B first, second, third
degree
two types of violent crimes - CORRECT ANSWER-murder, manslaughter
example of victimless crime - CORRECT ANSWER-possession of illegal drugs
white collar crimes - CORRECT ANSWER-crimes for financial gain done through
business
5 types of punishments for crime - CORRECT ANSWER-- death
• jail/fines
• unable to own a firearm
• removal from public office
• disqualified from running for office or voting
percent certainty for probable cause - CORRECT ANSWER-5
percent certainty for burden of proof - CORRECT ANSWER-95
criminal negligence - CORRECT ANSWER-a degree of carelessness amounting to a
culpable disregard of rights and safety of others
, requirements for prosecution & conviction - CORRECT ANSWER-actus reus (the guilty
act) + mens rep (criminal intent)
fifth amendment - CORRECT ANSWER-miranda rights must be read if a person is
accused of or held in suspicion of a crime
4 rights of miranda - CORRECT ANSWER-1. right to remain silent
2. statements made can and will be used against you as evidence in court
3. right to be represented counsel
4. if accused and you cannot afford an attorney one will be provided for you
CASE: Commonwealth v. Angelo Todesca Corp. - CORRECT ANSWER-- ran over and
killed police officer as he was delivering truck of asphalt for his company
• company knew back up horn wasn't working
• affirmed; liability is vicarious to the company
criminal defenses - CORRECT ANSWER-raise doubt in jurors minds through alibi,
presents evidence that crime was not committed, intoxication + insanity, statute of
limitations runs out, action was justifiable, entrament
best evidence - CORRECT ANSWER-confession
chain of custody - CORRECT ANSWER-evidence was handled properly
exclusionary rule - CORRECT ANSWER-when improperly obtained or presented
evidence is excluded
CASE: united states v. young - CORRECT ANSWER-- sold tax free marina gas to truck
stops
• x-rayed FedEx packages and found cash
• affirmed; signing air bill warning customers should have no expectation of privacy
2 ways arrests result - CORRECT ANSWER-probable cause or result of investigation
arraignment - CORRECT ANSWER-1st court appearance of the accused
what can the accused plea - CORRECT ANSWER-guilty, nolo contenders, innocent
purpose of discovery (criminal) - CORRECT ANSWER-parties do their own
investigations (disclose only a subset of what they find before the trial)
Questions & Answers Graded A+
Solutions
crime - CORRECT ANSWER-positive or negative actions that violates a penal law
crime is an act - CORRECT ANSWER-against federal, state or local government
who decides the criminality of actions - CORRECT ANSWER-congress and state
legislators
new version of "break and entering" - CORRECT ANSWER-unauthorized entry into
computer systems
felony - CORRECT ANSWER-crime punishable by more than a year in jail
seriousness of criminal charge - CORRECT ANSWER-class A class B first, second, third
degree
two types of violent crimes - CORRECT ANSWER-murder, manslaughter
example of victimless crime - CORRECT ANSWER-possession of illegal drugs
white collar crimes - CORRECT ANSWER-crimes for financial gain done through
business
5 types of punishments for crime - CORRECT ANSWER-- death
• jail/fines
• unable to own a firearm
• removal from public office
• disqualified from running for office or voting
percent certainty for probable cause - CORRECT ANSWER-5
percent certainty for burden of proof - CORRECT ANSWER-95
criminal negligence - CORRECT ANSWER-a degree of carelessness amounting to a
culpable disregard of rights and safety of others
, requirements for prosecution & conviction - CORRECT ANSWER-actus reus (the guilty
act) + mens rep (criminal intent)
fifth amendment - CORRECT ANSWER-miranda rights must be read if a person is
accused of or held in suspicion of a crime
4 rights of miranda - CORRECT ANSWER-1. right to remain silent
2. statements made can and will be used against you as evidence in court
3. right to be represented counsel
4. if accused and you cannot afford an attorney one will be provided for you
CASE: Commonwealth v. Angelo Todesca Corp. - CORRECT ANSWER-- ran over and
killed police officer as he was delivering truck of asphalt for his company
• company knew back up horn wasn't working
• affirmed; liability is vicarious to the company
criminal defenses - CORRECT ANSWER-raise doubt in jurors minds through alibi,
presents evidence that crime was not committed, intoxication + insanity, statute of
limitations runs out, action was justifiable, entrament
best evidence - CORRECT ANSWER-confession
chain of custody - CORRECT ANSWER-evidence was handled properly
exclusionary rule - CORRECT ANSWER-when improperly obtained or presented
evidence is excluded
CASE: united states v. young - CORRECT ANSWER-- sold tax free marina gas to truck
stops
• x-rayed FedEx packages and found cash
• affirmed; signing air bill warning customers should have no expectation of privacy
2 ways arrests result - CORRECT ANSWER-probable cause or result of investigation
arraignment - CORRECT ANSWER-1st court appearance of the accused
what can the accused plea - CORRECT ANSWER-guilty, nolo contenders, innocent
purpose of discovery (criminal) - CORRECT ANSWER-parties do their own
investigations (disclose only a subset of what they find before the trial)
