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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience:  Extensive training and experience in criminal law matters, both prosecuting and defending.
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1. IN THE ADVERSARY SYSTEM, a defendant in a criminal felony

Resolved Question:

1. IN THE ADVERSARY SYSTEM, a defendant in a criminal felony case:

A. Does not have the right to cross-examine witnesses against him.
B. Has no right to a jury trial.
C. Can be made to take the witness stand at trial.
D. C and B
E. None of the above.

2. A defendant can be convicted for the offense of murder:

A.Under the Adversary system.
B. Under the Inquisitorial system.
C.If he does not use a deadly weapon.
D. All of the above.
E. Only in New Jersey

3. The following is (are) a valid defense(s) to a criminal offense:

A. Insanity
B. The “victim” needed killing.
C. Self-defense
D. A and C
E. All of the above

4. An example of an inchoate offense is:

A. Murder
B. Robbery
C. Conspiracy
D. All of the above
E. None of the above

5. A prowler breaks in to a home without permission of the resident with the intent to commit a theft. He has committed the offense of:

A. Robbery
B. Burglary
C. Mayhem
D. Disorderly conduct
E. None of the above

6. In the U.S. the burden of proof in a criminal case:

A. Is beyond a shadow of a doubt.
B. Is beyond a preponderance of the evidence
C.Is beyond a reasonable doubt
D. There is no burden of proof
E. Is if he looks guilty

7. A criminal defendant in a felony case in the U.S. is:

A. Presumed by law to be innocent
B. Has an absolute right to remain silent
C. Not required to testify against himself
D. Entitled to trial by a jury of his peers.
E. All of the above

8 Evidence of a crime may be suppressed if the court finds an unlawful search and seizure pursuant to XXXXX of the 2nd amendment
B. Violation of the 3rd amendment\
C. Violation of the 4th amendment
D. All of the above
E. None of the above

9. Pleading insanity as a defense:

A. Never works
B. Is not a proper defense
C. May be successful if the necessary elements of the McNaughton rule are proven.
D. Will work only if the defendant is mentally retarded.
E. None of the above

10. In a criminal case the state calls the defendant to testify:

A. He must testify since he was called as a witness.
B. He must take the witness stand but can take the 5th amendment and refuse to testify.
C. He cannot be called to the witness stand by the state.
D. All of the above.
E. None of the above
Submitted: 4 years ago.
Category: Criminal Law
Expert:  J.Hazelbaker replied 4 years ago.
1) E
2) A
3) D
4) E
5) B
6) A
7) E
8) C
9) C
10) C
Customer: replied 4 years ago.
Cant a person still be charged with murder, even if he/she does not use a weapon?
Expert:  J.Hazelbaker replied 4 years ago.
Sure.

The question asked about "deadly" weapons. There are lots of weapons that are not, by there nature, considered deadly, but could, if used in particular ways, cause death.

In addition, there is the "felony murder" rule. This means that a defendant can be charged with murder, even if they did not personally harm the decedent, if the death was caused during the course of the felony and such death was a possible outcome of the commission of the crime. For example, two guys rob a bank. One guy shoots and kills a customer. Both can be charged with murder.
J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience: Extensive training and experience in criminal law matters, both prosecuting and defending.
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J.Hazelbaker
J.Hazelbaker
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Extensive training and experience in criminal law matters, both prosecuting and defending.