Multiple Choice Questions s10

Multiple Choice Questions 1. In a criminal case: (a) The prosecution must prove the government’s case by a preponderance of the evidence. (b) The criminal defendant is entitled to a lawyer even if she cannot afford to pay for it herself. (c) The police are never allowed to question the accused without a lawyer present. (d) All federal crimes are felonies. Answer: B.

2. The police are not required to obtain a warrant before conducting a search if: (a) A reliable informant has told them they will find evidence of a crime in a particular location. (b) They have a warrant for part of a property and another section of the property is in plain view. (c) They see someone on the street who could possibly have committed a criminal act. (d) Someone living on the property has consented to the search. Answer: D.

3. Under the exclusionary rule: (a) Evidence must be excluded from trial if the search warrant is defective, even if the police believed at the time of the search that it was valid. (b) The prosecution cannot use any evidence the police found at the site of the illegal search but it can use any evidence the police discover elsewhere as a result of the illegal search. (c) Any statements a defendant makes after arrest are inadmissible if the police do not read him his Miranda rights. (d) If a conviction is overturned because of the exclusionary rule, the prosecution is not allowed to retry the defendant. Answer: C.

4. Benry asks his girlfriend Alina to drive his car to the repair shop. She drives his car alright, to Las Vegas where she hits the slots. Alina has committed (a) Fraud (b) Embezzlement (c) Larceny (d) A RICO violation Answer: B.

5. Which of the following elements is required for a RICO conviction: (a) Investment in a legitimate business (b) Two or more criminal acts (c) Maintaining or acquiring businesses through criminal activity (d) Operating a business through criminal activity Answer: B.