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Structure
Interesting Questions, Facts and Information
- There are a total of 60 general entries. We are selecting 30 for display.
Special Topics
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 Interesting Questions, Facts, and Information
 U.S. Criminal Law
t. Terry v. Ohio. An officer can do a pat down if he believes there is immiment danger as long as it is confined to the outside of your clothing.
Gideon v. Wainwright. In 1963 this case extended the right to appointed counsel in state courts to all indigent defendants charged with a felony.
Pinkerton. Allan Pinkerton opened up his business in 1851 specializing in railroad security.
Automobile accidents. Until the 1990s, the majority of US police officer fatalities were due to violence. However, auto accidents are now the major cause of death.
Sir Robert Peel. Sir Robert Peel (British Home Secretary, 1824-30) has been dubbed that. Many of our policing standards actually were implemented first in England. However, much of Continental Europe already had a well developed, often political police before the foundation of the Metropolitan Police in 1829. Peel also played a key role in persuading Parliament to remove the death penalty from over one hundred crimes.
guilty mind. This is the state of mind that accompanies a criminal act. Although "mens rea" isn't always present during a crime. There are "unintentional crimes" such as when a person speeds and doesn't realize it.
National Crime Victimization Survey. The NCVS relies on personal accounts of criminal and possible criminal events to help create a crime index. This report is done annually, and is administered by the U.S. Census Bureau on behalf of the Bureau of Justice Statistics.
Justice. Criminal justice is defined as "the criminal law; the law of criminal procedure. Social justice is defined as "is linked to notions of fairness and cultural beliefs about right and wrong" and Civil justice is defined as "the law of civil procedure; procedure and activities sought through civil action".
The fine was set by the judge. A violation of the Butler Act carried a fine of $100 to $500. Under Tennessee law, any fine over $50 had to be set by the jury but Judge Raulston set the fine instead. In the decision, the appellate court implied that the Butler Act was constitutional, but since they could not legally remedy the fine, they had to overturn the entire conviction. The state declined to retry Scopes. In 1968, The US Supreme Court ruled in Epperson v. Arkansas that statutes prohibiting the teaching of evolution violated the 1st Amendment.
Direct the jury to find Scopes guilty. It was the defense's intention to have Scopes found guilty so that the appellate court could declare the Butler Act unconstitutional. The defense did not want to have the case proceed further since they did not want the fact brought out that Scopes NEVER taught evolution. Remember, he was a substitute teacher. He taught a different lesson on the day he was supposed to teach the evolution section of the book.
By affidavit. Judge Raulston would not allow the experts to testify in court. The testimony pertained to evolution as a scientific fact, but Raulston ruled that their testimony was not germane to whether or not Scopes violated the Butler Act. Since the defense wanted their testimony in evidence for the appellate court, Raulston allowed their testimony to be entered into the record via affidavit.
Football coach. Scopes was a football coach and a sustitute teacher. This fact would be very important as you see in question #8.
Raulston. He was obsessed with the publicity the trial received and never passed up an opportunity to have his picture taken. Some feel that his religious views (he opened the court with a prayer) affected his many rulings for the prosecution, but it is more likely that it was Raulston's admiration of Bryan and the fact that the defense wanted to be found guilty that made more of an impact on his rulings.
Dayton. A city of 2000 in Rhea County. Some leading citizens of Dayton asked Scopes to stand trial for teaching evolution so that there city would garner attention. The ACLU volunteered their services to try to get The Butler Act declared unconstitutional.
A.T. Stewart. Stewart was the 18th judicial district's attorney-general. As such, he was chief counsel for the prosecution. Bryan volunteered to be an associate counsel.
The Butler Act. The Butler Act was a Tennessee law that forbade teaching "any theory that denies the story of the Divine Creation of man as taught in the Bible, and to teach instead that man has descended from a lower order of animals." At this time (1920s), many states had similar statutes.
| After committing your last misdemeanor, you steal something from a local department store (wow, you are bad today). The store security guard arrests you but does he have to read you your rights before questioning you? | Criminal Justice in the U.S.
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No. The rights granted to you by the constitution and the bill of rights only apply to the government. A store security guard is not acting under the authority of the government so he is not bound by the same rules as a police officer. He does not need to read your rights before questioning nor does he need probable cause to search you. However, if the guard takes extreme measures to gain evidence like torturing you, the evidence will probably be thrown out at court and the guard can be held liable.
They are put on probation. Probation means that an offender must obey certain rules and restrictions but still gets to live in his own house and run his normal life. Courts put offenders on probation because it is much less expensive than incarcerating them. If a person violates their probation by not reporting to the probation officer, for example, they could face time behind bars but for the purpose of this quiz, the majority of offenders are initally put on probation.
Department of the Treasury. Believe it or not the ATF was originally part of the Internal Revenue Service (IRS) but became its own department in 1972. However, despite what the name implies, it still falls under the jurisdiction of the treasury department.
Probable cause. Police need reasonable suspicion to detain a suspect but to arrest somebody, they are held to a higher standard of proof. The other two deal with the proof needed to convict somebody in court.
Executive branch. The legislative branch makes the laws, the judicial branch interprets the laws, and the executive branch enforces the laws. Although you may be tempted to say judicial, that branch only deals with the courts.
Robert Peel. King Hammurabi established the code of Hammurabi in 1750 BC. This code is one of the earliest examples of written law but doesn't involve policing. Alan Pinkerton is credited with creating the first private security force in the US. John Fielding did start the idea of a unified, mobile police force but Robert Peel developed the police structure, which all modern US departments are modeled after. Peel (1788-1850) was a British politician and was Prime Minister briefly in 1834 and then from 1841-46. In 1820s, as Home Secretary, he persuaded the House of Commons to investigate the existing police force. When the committee told Peel that the existing police force could not be fixed, he established the Metropolitan Police Force in 1829. This may be the reason why some police officers are called "Peelers" or "Bobbies".
| Gina makes Tommy the primary signer on the corporate bank account for Livin' On a Prayer, Inc. Tommy writes several checks to himself and heads to South America. California Law would say that Tommy is guilty of which crime? | California Criminal Law
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Embezzlement. § 503 of the Penal code states, "Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted."
| Boba and Jango enter the Imperial Convenience Store, and at gunpoint, force the clerk, Darth to empty the register into a large sack. When Boba and Jango try to leave, Darth tries to block the exit and trap them. Boba shoots Darth in the head, killing him instantly and the two run off with the loot. Of which crime will Jango most likely be convicted, under California Law? | California Criminal Law
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First Degree Murder. Penal Code §189 states," All murder which is perpetrated [in an] attempt to perpetrate, arson, rape, carjacking, robbery... is murder of the first degree. All other kinds of murders are of the second degree.
While it is most likely that Boba will be convicted of murder, it would appear at first that Jango is only guilty of Robbery. However, current case law states that, "All persons aiding and abetting the commission of a robbery are guilty of first degree murder when one of them kills while acting furtherance of the common design." Since Boba killed Darth while trying to abscond with the loot, he was furthering the common goal and both are guilty.
| Peter was walking home late one night from the knife store with a new knife that he just bought. When he turned the corner he walked right into his wife, Lois locked in a passionate embrace with her boyfriend, Brian. Peter is convinced that his wife is cheating on him. Outraged, and, in the heat of the moment, Peter brutally stabs the two to death. In a California Jurisdiction, of which crime is Peter most likely to be convicted? | California Criminal Law
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Voluntary Manslaughter. §192. Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:
(a) Voluntary--upon a sudden quarrel or heat of passion.
(b) Involuntary--in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.
(c) Vehicular--
| Wilma and Fred are walking home one night after couple's night at the Water Buffalo Lodge. Barney stops them on the street at gunpoint and orders Wilma to give up her purse. Wilma does, and Barney runs off into the night. In a California Jurisdiction, what crime did Barney just commit? | California Criminal Law
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Robbery. Penal Code § 211 defines robbery as, "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." This differs from mere larceny because of the force or fear element (established here with Barney's gun).
For Burglary there would have to be some type of structure that Barney entered without permission.
Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted. The purse was never entrusted to Barney. He took it by force.
| Mickey heard that there was a fortune in cheese abord the Casey Jr. Circus train. He decides to wreck the train in order to steal the cheese. To do so, Mickey places Pluto's dog house in the middle of the tracks. In the wreckage, Donald, the engineer is killed. In California, what crime has Mickey committed? | California Criminal Law
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First Degree Murder. Penal Code §219 defines train wrecking as, "every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine and thus derails the same... is guilty of a felony ..."
Penal Code §189 states, "All murder which is... committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking... train wrecking... is murder of the first degree. All other kinds of murders are of the second degree."
Therefore, if Mickey wrecked the train, and Donald was killed as a result, Mickey would be guilty of First Degree Murder.
While train wrecking was most certainly committed, the greater crime, which was a result of the wrecking, was First Degree Murder.
| Big Bird is on the witness stand. Opposing council, Snuffy, asks Big Bird, "have you or any member of your family ever been convicted of a crime?" Even though he was convicted of Robbery a number of years ago, Big Bird answers, "no-one that I'm related to has ever been convicted of a crime." Snuffy then states that he has no more questions for the witness and the witness can step down. Under California Law, what crime has Big Bird committed? | California Criminal Law
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Nothing. Perjury is defined as a willful statement under oath of any material matter which the witness knows to be false. Case law states that when the witness is unresponsive, but literally true no perjury charge is permissible. Because Big Bird only answered the part of the question about his family members and not himself, the responsibility would fall to opposing council to have Big Bird answer the rest of the question.
Compounding is knowledge of a crime, an agreement not to prosecute that crime, and receipt of consideration.
Extorion is defined in Penal Code §518 as, "...the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right."
| The Joker is camping at the Gotham Campground when he notices that Batman is camping 2 campsites over from him and starts thinking about all the cool stuff that Batman might have in his tent. Seizing the opportunity when Batman goes hiking in the woods, The Joker enters Batman's tent. Looking around he notices a huge bundle of firewood. Realizing that it is going to get cold that night, The Joker takes Batman's firewood. In California, Joker would be guilty of what crime? | California Criminal Law
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Burglary. Penal Code §459 states, "Every person who enters any house, room, apartment, ... [or] tent... with intent to commit grand or petit
larceny or any felony is guilty of burglary."
| Adam walks into the Eden Grocery Store. He grabs $150 worth of avocados to make into dip for a party that evening. Adam then walks out of the store past the protesting clerk, Eve without paying. What specific crime, under California Law, is Adam guilty of? | California Criminal Law
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Grand Theft. Penal Code §487b1A states that Grand theft is theft of, "domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops ... of a value exceeding one hundred dollars." As with all other forms of larceny, there must be an intent to permanently deprive, which was established by Adam's thought of using them to make a dip for his party. The taking must also be against the will of the owner. Because the store charges money for its merchandise instead of giving it away for free, and the clerk protested, this element is met.
All of the above (Any act that results in a death, A very extreme action, Any act that aids in the commission of the crime). Any act whatsoever that aids in the commission of the crime. Even the slightest action, like turning the head in the direction of an area or pointing can be labeled as an overt act.
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