LSTD 302 Midterm Exam (American Public University)

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LSTD 302 Midterm Exam (American Public University)

Question 1 of 12

State courts are exclusive and can only adjudicate state court matters

Question 2 of 12

With vicarious liability, the acting defendant is NOT criminally responsible for his or her conduct

Question 3 of 12

Debra, a police officer on patrol in her vehicle, slowly passes John’s vehicle. Both cars have their windows rolled down. Debra believes she can smell marijuana coming from John’s vehicle. She pulls John’s vehicle over and observes John stuffing something under the seat. She uses her flashlight to look under the seat and finds bags of marijuana. John is arrested. John’s attorney moves to have the charges dismissed, saying Debra needed a warrant before looking under the seat of John’s car. This is a question of criminal procedure

Question 4 of 12

The victim’s opinion is one factor a court will consider when deciding whether or not to waive jurisdiction of a juvenile to adult court

Question 5 of 12

An example of an “omission to act” crime is:

Question 6 of 12

If the defendant honestly but unreasonably believes self-defense is necessary under the circumstances, a claim of imperfect self-defense may reduce the severity of the offense

Question 7 of 12

A theory of liability whereby an employer may be held liable for an employee’s actions is called:

Question 8 of 12

A defendant who is found guilty but mentally ill is acquitted and committed to a treatment facility

Question 9 of 12

Typically, mere presence at the scene of the crime is NOT enough to constitute the criminal act element required for accomplice liability, unless that presence is combined with flight

Question 10 of 12

A statute that violates or inhibits fundamental constitutional protections is presumptively invalid

Question 11 of 12 Please describe the test the court uses to analyze alleged discrimination under the Equal Protection Clause.

Please answer thoroughly and list your references in Bluebook format.

Please use a minimum of 250 words in your essay answer