1. A criminal judicial process is needed only because: a. people commit crimes.
ID: 465378 • Letter: 1
Question
1. A criminal judicial process is needed only because:
a. people commit crimes.
b. government must control citizen behavior.
c. lawyers are trained to practice criminal law.
d. none of the above
2. Perjury at common law was different from modern statutes because:
a. in modern times there are more ways to lie in court.
b. it was a felony at common law, but generally a misdemeanor now.
c. it was a misdemeanor at common law, but generally a felony now.
d. it is much harder to prove under contemporary statutes.
3. Under the Model penal Code, for purposes of prosecuting a charge of perjury, regardless of the admissibility of the statement, falsification is material if:
a. it was made with evil intent.
b. there were at least two witnesses to the out-of-court statement.
c. it could have affected the course or outcome of the proceeding.
d. it did, in fact, affect the outcome of the proceeding.
4. False swearing was a common law crime differing from perjury in that:
a. the false oath was not given in a judicial proceeding.
b. the accused knew what he or she was testifying to was false.
c. the statement lacked an affirmation.
d. it could be prosecuted on the basis of inconsistent statements.
5. Subornation of perjury was defined at common law as:
a. preventing another from perjuring herself or himself in an official proceeding.
b. corrupt procurement of another to commit perjury.
c. knowing a witness is lying and failing to inform the Court.
d. none of the above
6. What the common law called embracery is now more commonly referred to as:
a. corruption by intimacy.
b. bribery.
c. solicitation.
d. jury tampering.
7. At common law, a major difference between embracery and subornation of perjury was:
a. a juror need not be influenced by the embracer in reaching the verdict.
b. the former was a felony and the latter a misdemeanor.
Criminal Law
Professor Holyfield
Open-book Quiz 3
c. jury tampering was more accepted than procuring false testimony.
d. embracery was much easier to prove.
8. At common law, the distinction between escape and prison break was:
a. escape involved use of force and prison break did not.
b. prison break involved use of force and escape did not.
c. prison break required more than one offender escaping confinement.
d. both a and c
9. Which of the following meets the definition of “lawful custody” for purpose of escape?
a. Confinement in a county jail
b. Whenever a prisoner is under another’s general supervision and his or her freedom of movement is restricted
c. When a prison inmate is taken to a public hospital for treatment
d. All of the above
10. Which of the following is a valid defense to escape?
a. Mistake of fact and necessity
b. Mistake of fact, but not necessity
c. Necessity, but not mistake of fact
d. Neither mistake of fact or necessity
Explanation / Answer
Q1. a. people commit crimes.
Criminal judicial process of needed for the reason that people commit crimes
Q2. c. it was a misdemeanor at common law, but generally a felony now.
Q3. a. it was made with evil intent.
Under model code, intent to deceive is an essential eluent to charge for perjury
Q4. b. the accused knew what he or she was testifying to was false.
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