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Chapter 10: Vice Crimes 1. At common law, the use of obscene language in public was punishable as a public nuisance. Answer: True 2. Under decisions of the United States Supreme Court, a state may not prohibit the sale or distribution of obscene materials to consenting adults. Answer: False 3. In reviewing the constitutionality of child pornography laws, the U.S. Supreme Court has applied a different standard than that it has applied in dealing with the issue of obscenity. Answer: True 4. Although originally a canonical offense, bigamy later became a common-law offense and is now a statutory offense in all states. Answer: True 5. Statutes prohibiting gambling are frequently interpreted to exclude contests where participants pit their physical or mental skills against one another for a prize. Answer: True 6. Not all states proscribe the manufacture, sale, or possession of controlled substances. Answer: False 7. Federal law provides for confiscation of illegal drug paraphernalia but there is no statutory provision requiring forfeiture of vehicles or aircraft used in transporting contraband. Answer: False 8. The U.S. Supreme Court has held that criminalizing the public presence of an intoxicated person is contrary to the constitutional prohibition of “cruel and unusual punishments.” Answer: False 9. The U.S. Supreme Court has upheld the validity of a state “implied consent” law providing for suspension of a driver’s license of a person arrested for driving while intoxicated who refuses to take a breathalyzer test. Answer: True 10. In the early nineteenth century a number of American states enacted statutes criminalizing seduction. Answer: True 11. According to the textbook, vice crimes have no implications for the public health, safety and welfare and therefore should be viewed solely as offenses against public morality. Answer: False 12. Today, prostitution is illegal in all states except Nevada, where it exists by local option in some counties, although it is strictly regulated by law. Answer: True 13. In Reynolds v. United States (1878), the Supreme Court held that a strongly held religious belief is a justification for violating a criminal prohibition, as long as the act in question is nonviolent. Answer: False 14. The common law regarded gambling as a felony. Answer: False 15. Under the Twenty-First Amendment, states have no authority to ban or regulate the manufacture of alcohol. Answer: False 16. Most states have enacted implied consent statutes stipulating that a person who drives a motor vehicle is deemed to consent to blood, breath, or urine testing to determine their bloodalcohol content. Answer: True 17. Under federal law, it is not an offense to use the mail to transport drug paraphernalia. Answer: False 18. In 2005 the Supreme Court held that Congress had no power to prohibit the possession of marijuana intended solely for personal medicinal use as authorized by state law. Answer: False 19. Most states now require mandatory minimum jail terms for first-time DWI, DUI, or DUBAL offenders. Answer: True 20. States have established lower permissible blood-alcohol levels for juvenile drivers. Answer: True 21. In Lawrence v. Texas (2003), the United States Supreme Court ____________ a state statute prohibiting sexual relations between persons of the same sex. a. upheld b. struck down c. refused to review d. modified Answer: B 22. In legislative reform of laws regulating sexual conduct, which of the following would be the least likely reform to be undertaken? a. Repeal of laws making fornication a criminal offense. b. Decriminalizing consensual sodomy. c. Repealing a law defining seduction as a criminal offense. d. Repeal of laws prohibiting bigamy by persons whose religious beliefs condone having more than one spouse. Answer: D 23. In Barnes v. Glen Theatre (1991) the U.S. Supreme Court ___________. a. agreed that a state may not limit the performance of nude dancing in a lounge where only consenting adults are viewers b. upheld an Indiana law interpreted to prohibit totally nude dancing in bars c. held that prohibiting the performance of nude dancing is related to expression and therefore violates the First Amendment to the U.S. Constitution d. by a unanimous decision adopted the view that nude dancing is not an expressive activity protected by the United States Constitution Answer: B 24. The ________ Act is now being used to combat human trafficking. a. Mann b. Humbolt c. Sherman d. USA PATRIOT Answer: A 25. Persons of a __________ persuasion generally believe that the state should be neutral in matters of morality, much as it is with respect to religion. a. reactionary b. populist c. conservative d. libertarian Answer: D 26. In Pope v. Illinois (1987), the Supreme Court held that the application of ___________ is appropriate in evaluating the first two prongs of the Miller test for obscenity. a. contemporary community standards b. the prurient interest test c. the rational basis test d. the compelling state interest test Answer: A 27. All American jurisdictions prohibit __________, i.e., marriage between two persons when one is already legally married to another. a. incest b. sodomy c. bigamy d. adultery Answer: C 28. In ___________ (1878), the Supreme Court rejected the argument that polygamy was a religious practice protected by the First Amendment. a. Reynolds v. United States b. Sanders v. Utah c. Arizona v. Burger d. Kentucky v. Platz Answer: A 29. Sodomy was originally a (an) _________ offense, but became a felony in the later stages of the common law. a. civil b. misdemeanor c. capital d. ecclesiastical Answer: D 30. Although _________ was not a crime at common law, statutes proscribing it have been part of the laws directed against public immorality since the early history of the United States. a. bigamy b. fornication c. prostitution d. adultery Answer: C 31. The offense of indecent exposure is also known as ___________. a. obscenity b. lewd and lascivious conduct c. public immorality d. sodomy Answer: B 32. A federal statute called the _____ Act prohibits interstate travel in aid of unlawful gambling. a. Travel b. Mann c. Hawthorne d. Reno Answer: A 33. Originally a canonical offense, ____________ was later prohibited by common law and is now universally prohibited by laws in all states a. adultery b. sodomy c. bigamy d. seduction Answer: C 34. Where gambling is prohibited, state laws customarily make it unlawful to possess gambling devices and provide for their ____________. a. regulation b. taxation c. confiscation d. None of these Answer: C 35. Which one of the following statements regarding prostitution is incorrect? a. Most states make it an offense to solicit for a prostitute. b. Modern statutes provide for conviction of customers as well as prostitutes. c. Statutes commonly declare houses of prostitution as public nuisances. d. Prostitution is illegal in every jurisdiction in the United States. Answer: D 36. In ___________ (1962), the U.S. Supreme Court ruled that states may not criminalize the mere status of being addicted to such drugs. a. Ciraolo v. California b. Chapman v. California c. Proctor v. California d. Robinson v. California Answer: D 37. In some jurisdictions, offenses involving ___________ of a very small quantity of marijuana are classified as misdemeanors. a. manufacture b. sale c. importation d. possession Answer: D 38. Where controlled substances and drug paraphernalia are declared ___________, they are subject to confiscation. a. public nuisances b. in camera c. contraband d. res judicata Answer: C 39. Today federal law and the laws of most states authorize the ___________ of real estate used in illegal drug trafficking. a. search and seizure b. taxation c. disclosure d. forfeiture Answer: D 40. In _______ (1993), the Supreme Court ruled that civil in rem forfeitures, although not technically criminal proceedings, are subject to the Excessive Fines Clause of the Eighth Amendment. a. Penry v. Lynaugh b. Austin v. United States c. Ex Parte Quirin d. None of these Answer: B 41. Unlike many state laws, the federal law on conspiracy to violate the Controlled Substance Act does not require proof of an ___________. a. evil intent b. actual agreement c. attempt d. overt act Answer: D 42. In drug possession cases, to obtain a conviction the prosecution must prove that the defendant had either actual or __________ possession of the contraband. a. implicit b. intentional c. constructive d. subjective Answer: C 43. A person has ____________ possession of contraband if he or she has ownership, dominion, or control over the contraband itself, or over the premises in which it is concealed. a. implicit b. intentional c. constructive d. subjective Answer: C 44. In an effort to divert certain substance abusers to closely monitored treatment programs, courts have begun to develop the concept of ___________. a. Retribution b. nonjudicial punishment c. incapacitation d. the drug court Answer: D 45. Ratified in 1919, ___________ made unlawful the “manufacture, sale, or transportation of intoxicating liquors” within the United States. a. the Eighteenth Amendment b. the Prohibition Act c. the Nineteenth Amendment d. the Volzheimer Act Answer: A 46. In Miller v. California (1973), the Supreme Court said that a work is obscene if the average person, applying ___________ would find that the work appeals to the prurient interest; depicts or describes sexual conduct in a patently offensive way; and lacks serious literary, artistic, political, or scientific value. Answer: contemporary community standards 47. In New York v. Ferber (1982), a unanimous Supreme Court held that ____________, like obscenity, is unprotected by the First Amendment to the Constitution. Answer: child pornography 48. In Reno v. American Civil Liberties Union (1997), the Supreme Court struck down the ____________ Act on First Amendment grounds. Answer: Communications Decency 49. To constitute gambling, gaming activity must generally include these three elements: (1) a consideration, (2) a prize, and (3) a _______. Answer: chance 50. While generally regarded as superior to __________ tests from an evidentiary standpoint, chemical tests for alcohol are not wholly devoid of problems. Answer: field sobriety 51. Under a(n) ___________ statute, a person who drives a motor vehicle is deemed to have agreed to appropriate and reasonable drug and alcohol testing. Answer: implied consent 52. Because those involved in narcotics transactions are usually willing participants, enforcement often depends on use of ___________ informants by the police. Answer: confidential 53. Courts have generally held that statutes making possession, distribution, or trafficking in contraband unlawful require the prosecution to prove only the defendant’s _________ intent. Answer: general 54. Proof of ________ possession of illegal drugs is established upon proof that the contraband was found on the accused’s person. Answer: actual 55. Federal law makes it a crime “for any person to knowingly sponsor or exhibit an animal in an animal fighting venture, if any animal in the venture was moved in ___________.” Answer: interstate or foreign commerce interstate commerce foreign commerce 56. The illegal trade in human beings for the purpose of migration, labor or, more commonly, commercial sexual exploitation is called ___________. Answer: human trafficking 57. The term ___________ refers to obtaining sexual gratification from viewing another person’s sexual organs or sexual activities. Answer: voyeurism 58. In 1919 the ___________ was ratified, making unlawful the “manufacture, sale, or transportation of intoxicating liquors” within the United States. Answer: Eighteenth Amendment 59. In 1973, President Nixon issued an executive order creating the ____________ to concentrate federal drug enforcement responsibilities within one agency of government. Answer: Drug Enforcement Administration (DEA) 60. In drug possession cases, a critical problem is proving that the defendant was in actual or ___________ possession of a controlled substance. Answer: constructive 61. As a result of federal fiscal incentives, all fifty states have lowered the prohibited bloodalcohol level for drivers to ___________ percent. Answer: 0.08 62. In ___________ (1982) the Supreme Court held that states may outlaw child pornography even if it does not meet the legal test of obscenity. Answer: New York v. Ferber 63. All states prohibit _________ within certain degrees of consanguinity. Answer: incest 64. The Supreme Court has recognized that erotic dancing in places of public accommodation is entitled to _________ Amendment protection under certain circumstances. Answer: First 65. Congress has provided for the ___________ of property used in connection with federal drug crimes. Answer: forfeiture Vito Bernstein is a member of an organized crime outfit. He is tasked with driving an 18 wheel “big rig” across seven states. This “big rig” is known as the “Party on Wheels.” It is stocked with prostitutes, marijuana, alcoholic beverages and slot machines. Patrons can partake in these vices while the truck is driving. Police uncover all of this after Vito is stopped at a DUI checkpoint in Pennsylvania and is found to be over the legal blood-alcohol limit. In the course of questioning Vito on the side of the road, police get Vito to admit to the contents of the “big rig.” He was never read his Miranda Rights. 66. Which of the following aspects of the “big rig” is relevant to the Mann Act? a. the slot machines b. the marijuana c. the prostitutes d. the intoxicated driver Answer: C 67. Which of the following is most applicable to the slot machines? Assume that patrons can ride inside the “big rig,” pay for the chance to spin the wheels, and can receive cash prizes for certain combinations. Also assume that no pictures of naked women appear on the spinning wheels, and no marijuana is lodged inside the machines. a. the Mann Act b. the Travel Act c. Miller v. California d. Gonzales v. Raich Answer: B 68. Based on the Supreme Court’s ruling in Berkemer v. McCarty, Vito Bernstein’s statements to police on the side of the road: a. Are inadmissible in court because he was not read his Miranda rights. b. Are grounds for excluding all evidence seized from the “big rig” based on a 4th Amendment violation. c. Are relevant only as to arrests related to prostitution. d. Are admissible in court because this was not a “custodial interrogation.” Answer: D 69. Let’s say the “big rig” is in a state where use of marijuana for medical purposes is permitted, and some of Vito’s patrons have state-issued medical marijuana cards. According to a 2005 Supreme Court decision: a. Federal authorities will be completely prohibited from charging Vito with a drug crime because local law permits the consumption of marijuana for medical purposes. b. Federal authorities can still enforce the Controlled Substances Act in spite of local law permitting use of marijuana for medical purposes. c. Federal authorities will need to invoke the Mann Act in order to engender a successful prosecution for the marijuna possession. d. State authorities must provide consent in order for federal authorities to place Vito under arrest for possession of marijuana. Answer: B Noted opera singer L.L. Pavlov sells out arenas around the world. While performing at a bar called “The Fragrant Skunk” in Biloxi, Mississippi, Pavlov is arrested. Local police object to the fact that L.L. Pavlov is completely naked while performing. Further, the performance includes repeated utterances of profanity. Upon arresting Pavlov for public nudity, police detect an odor of alcohol on his breath and find that he is so drunk as to be in danger of falling off the stage. 70. A local judge rules that, for the 2nd night of Pavlov’s performance, Pavlov must wear, at minimum, a g-string. Pavlov’s claim of a First Amendment violation is most undermined by the Supreme Court’s ruling in: a. Barnes v. Glen Theater b. Miller v. California c. New York v. Ferber d. Gonzales v. Raich Answer: A 71. Based on what we know about federal appellate court decisions regarding musical groups such as 2 Live Crew, we can surmise that if Pavlov were convicted for uttering “obscene language” during the course of his performance that conviction will be: a. upheld using the Miller Test b. overturned in light of New York v. Ferber c. upheld under the Mann Act d. overturned using the Miller Test Answer: D 72. Pavlov is also likely to be charged with which of the following offenses? a. reckless endangerment b. voyeurism c. public intoxication d. obscenity Answer: C Billy Burns takes his computer to the repair shop. The technician, a former FBI agent, finds some alarming images on the computer and is thinking of reporting his findings to local and federal law enforcement. Specifically, the technician finds the following on the computer: (a) images of nude women that appear to be artistic renditions by a famous painter; (b) a downloaded copy of an erotic 1970s movie called Carnal Knowledge; (c) pictures that appear to be actual images of children involved in sexual acts with adults; and (d) virtual images of child pornography. 73. According to the Miller Test, which of the following is likely to be deemed protected against criminal prosecution? a. The virtual images of child pornography b. The images created by a famous painter c. Everything on the computer is protected d. Nothing on the computer is protected Answer: B 74. Based on relevant Supreme Court decisions, which of the following is most likely to result in a criminal charge? a. Item A b. Item B c. Items C and D d. Item C alone Answer: D Test Bank for Criminal Law and Procedure John M. Scheb 9781285070117, 9781285690292, 9781285546131

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