Federal Criminal Law: Conspiracy
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Questions and Answers

When must a defendant be allowed a preliminary hearing?

  • When they are charged with a felony.
  • Always, when they are charged with a crime.
  • Never
  • When they are charged with a felony or class A misdemeanor, unless they waive their right, unless they have already been indicted, or unless the government dismisses the case. (correct)

    • What is the purpose of a Detention Hearing?

  • To determine if the defendant is willing to plead guilty to the charges.
  • To determine if the defendant should be released from custody or detained. (correct)
  • To determine if the defendant has a lawyer and understands their rights.
  • To determine if the defendant violated their bond conditions.

    • What type of grand jury subpoena compels a witness to produce specific items?

  • Subpoena Duces Tecum (correct)
  • Subpoena Ad Testificandum
  • Ad Testificandum

    • Which of the following groups are NOT bound by Rule 6e regarding grand jury secrecy?

    <p>Private Citizens</p> Signup and view all the answers

    When must a LEO notify a foreign national's consular representative of an arrest?

    <p>Always, regardless of the foreign national’s wishes, if the nation is on the mandatory notification list.</p> Signup and view all the answers

    What is the proper procedure when a foreign national is arrested and wants their consulate to be notified?

    <p>The arresting officer must contact the nearest consulate of the foreign national’s country without delay.</p> Signup and view all the answers

    When can a Congressperson be arrested?

    <p>Only for felonies that involve a breach of the peace, while Congress is in session.</p> Signup and view all the answers

    How many individuals are needed to establish a conspiracy?

    <p>At least two individuals</p> Signup and view all the answers

    Which of the following individuals would not count towards the required parties in a conspiracy?

    <p>All of the above</p> Signup and view all the answers

    What must a defendant demonstrate to show intent in a conspiracy?

    <p>Voluntary participation intending to aid the conspiracy</p> Signup and view all the answers

    What constitutes an agreement in conspiracy under Title 18 U.S.C.§ 371?

    <p>Any informal understanding to violate the law followed by an overt act</p> Signup and view all the answers

    Why is an overt act important in the context of conspiracy?

    <p>It signifies a shift from a thought crime to an action to make the crime a reality</p> Signup and view all the answers

    What is meant by vicarious liability in the context of conspiracy?

    <p>All parties are equally culpable for every member's acts</p> Signup and view all the answers

    What does the law require to establish knowledge in a conspiracy case?

    <p>Knowledge of at least one other co-conspirator and the conspiracy's existence</p> Signup and view all the answers

    Which statement is correct regarding the withdrawal from a conspiracy?

    <p>Withdrawal must be communicated to co-conspirators or the police</p> Signup and view all the answers

    What is the threat level that usually involves a weapon, and often requires the cabin crew to summon law enforcement officers?

    <p>Level 3: Life-threatening</p> Signup and view all the answers

    What first action should law enforcement officers take when responding to an act of air piracy?

    <p>Blend in with hands up, then draw weapon</p> Signup and view all the answers

    Which of the following is NOT a requirement for law enforcement officers to fly armed?

    <p>Consume alcohol at least 8 hours before the flight</p> Signup and view all the answers

    What defines a Position of Dominance (POD) on an aircraft?

    <p>A position that protects the flight deck door</p> Signup and view all the answers

    In the event of encountering an Improvised Explosive Device (IED) on board, what is the recommended action?

    <p>Bring the IED to the back of the plane under controlled conditions</p> Signup and view all the answers

    What action is strictly prohibited for law enforcement officers when flying armed?

    <p>Consuming alcohol eight hours prior</p> Signup and view all the answers

    What is the primary focus of the Aircraft Countermeasures mission statement?

    <p>Prevent aircraft from being used as a weapon</p> Signup and view all the answers

    What is the minimum number of law enforcement officers required to escort a high-risk prisoner?

    <p>Two officers for every one prisoner</p> Signup and view all the answers

    What does reacting with 'tactical patience' imply for law enforcement officers responding to a threat?

    <p>Analyze the situation before acting</p> Signup and view all the answers

    Which of the following acts would constitute a valid withdrawal from a conspiracy? (chose as many as apply)

    <p>A conspirator steals the conspirators' weapons and hides them.</p> Signup and view all the answers

    Who is criminally responsible for acts committed by a conspiracy after they join?

    <p>All members of the conspiracy, regardless of their individual involvement.</p> Signup and view all the answers

    What is the burden of proof for a defendant claiming a successful withdrawal from a conspiracy?

    <p>The defendant must prove by a preponderance of the evidence that they withdrew.</p> Signup and view all the answers

    What is the maximum potential penalty for a crime committed to facilitate drug trafficking under 18 U.S.C. § 1028?

    <p>20 years imprisonment</p> Signup and view all the answers

    What type of cases do district courts have the power to conduct?

    <p>Criminal trials in felony cases</p> Signup and view all the answers

    Which statement is true regarding the Brady Doctrine?

    <p>It mandates disclosure of evidence favorable to the defendant.</p> Signup and view all the answers

    What is a criminal complaint used for?

    <p>Initiating formal criminal processing for any crime</p> Signup and view all the answers

    Under which condition can a defendant waive a Grand Jury indictment for a felony charge?

    <p>For non-capital felonies with a waiver request</p> Signup and view all the answers

    What role do magistrate courts primarily serve?

    <p>Trying petty offenses and misdemeanors</p> Signup and view all the answers

    What is the primary purpose of an identity hearing?

    <p>To verify the defendant's identity</p> Signup and view all the answers

    Which document is needed for an officer to request an arrest warrant?

    <p>Criminal complaint</p> Signup and view all the answers

    When must a defendant be brought before a magistrate judge?

    <p>Without unnecessary delay</p> Signup and view all the answers

    Which of the following is NOT a method for causing a defendant to appear before a US Magistrate Judge?

    <p>Detention without charge</p> Signup and view all the answers

    What occurs if a defendant is arrested in a different district than where the crime occurred?

    <p>They may have an initial appearance in the district where they were arrested</p> Signup and view all the answers

    Which of the following best describes the purpose of the Jencks Act?

    <p>To ensure the government discloses prior statements of witnesses</p> Signup and view all the answers

    What is a Valid Reason for police to conduct a Warrantless Arrest?

    <p>The officer has probable cause for a felony</p> Signup and view all the answers

    What can a magistrate do if the defendant refuses to provide their true name during an identity hearing?

    <p>Call witnesses to verify identity</p> Signup and view all the answers

    Which statement is true regarding criminal information?

    <p>It details specific statutes and elements for charges.</p> Signup and view all the answers

    What is a primary consideration when conducting a photo lineup for witness identification?

    <p>All individuals should be similar looking and dressed similarly.</p> Signup and view all the answers

    What do circumstantial conditions in witness perception include?

    <p>Bright colors or unusual tattoos present at the scene.</p> Signup and view all the answers

    Which phase is concerned with the planning and attack in the Pathway to Violence?

    <p>Mobilization</p> Signup and view all the answers

    What is one requirement for a witness to be deemed credible?

    <p>The witness must be physically present, conscious, and attentive.</p> Signup and view all the answers

    Which of the following best describes 'extremism'?

    <p>Views or beliefs that are significantly outside societal norms.</p> Signup and view all the answers

    What action should be taken when a Code I is identified during an encounter with the Terrorist Screening Center?

    <p>Immediately report contact with the TSC.</p> Signup and view all the answers

    What is the primary mission of the Department of Homeland Security in relation to anti-terrorism?

    <p>Reducing vulnerability to terrorist acts.</p> Signup and view all the answers

    Which of the following is NOT a core concept of terrorism?

    <p>Targeting celebrities for publicity.</p> Signup and view all the answers

    What aspect of stress has the greatest impact on perception following an event?

    <p>Psychological stress.</p> Signup and view all the answers

    What is a 'soft target' in the context of terrorism?

    <p>An easily accessible location with little security.</p> Signup and view all the answers

    Which of the following best describes the intent needed to participate in a conspiracy?

    <p>Voluntary joining of the conspiracy with intent to support success.</p> Signup and view all the answers

    What qualifies as an overt act in the context of conspiracy?

    <p>Any act performed after the agreement to further the conspiracy.</p> Signup and view all the answers

    How does vicarious liability function in a conspiracy?

    <p>All conspirators are liable for foreseeable acts of any member.</p> Signup and view all the answers

    Which of the following is NOT considered a valid agreement in a conspiracy?

    <p>An unspoken agreement where no intent/plan was formed</p> Signup and view all the answers

    Which scenario would invalidate the existence of a conspiracy?

    <p>A person who lacks mental capacity to understand the crime.</p> Signup and view all the answers

    What is the primary responsibility of law enforcement officers (LEOs) regarding the identity of armed personnel on board an aircraft?

    <p>To know the identity and seat location of all other armed personnel</p> Signup and view all the answers

    At which threat level is a cabin crew member expected to resolve a situation with yelling, cursing and verbal threats.

    <p>Level 1</p> Signup and view all the answers

    What is the least risk bomb location (LRBL) procedure when handling an Improvised Explosive Device (IED)?

    <p>Bring the IED to the back of the plane</p> Signup and view all the answers

    What must law enforcement officers do before bringing a weapon into a non-sterile area of the airport?

    <p>Present credentials and a unique Federal Agency Number</p> Signup and view all the answers

    What is the correct Position of Dominance (POD) within an aircraft?

    <p>Back to the flight deck door</p> Signup and view all the answers

    Under what condition must law enforcement officers notify the aircrew when escorting a prisoner on a flight?

    <p>They must notify them at least 24 hours in advance</p> Signup and view all the answers

    What tactical approach should LEOs take when responding to an act of air piracy?

    <p>Use tactical patience and deliberate scans</p> Signup and view all the answers

    Which of the following is a requirement for law enforcement officers flying armed?

    <p>Must check in at least one hour before with ticket agent</p> Signup and view all the answers

    How many officers are required to escort a low-risk prisoner on a flight?

    <p>One officer for every low-risk prisoner</p> Signup and view all the answers

    What is a key principle for aircraft countermeasures in responding to threats?

    <p>Utilize speed and surprise in actions</p> Signup and view all the answers

    What is the primary purpose of separating witnesses after a crime?

    <p>To avoid group pressure influencing their testimony</p> Signup and view all the answers

    Which factor is most likely to create an unusual perception during a crime observation?

    <p>A sudden change in activity level</p> Signup and view all the answers

    What distinguishes targeted violence from terrorism?

    <p>Targeted violence lacks specific political or ideological motives</p> Signup and view all the answers

    In the context of counterterrorism, what is the role of the Joint Terrorism Task Force (JTTF)?

    <p>To investigate and disrupt terrorist threats</p> Signup and view all the answers

    What are soft targets typically characterized by?

    <p>Crowded places that lack formalized security protocols</p> Signup and view all the answers

    What is the primary legal framework that governs crimes committed on aircraft in the United States?

    <p>Special Aircraft Jurisdiction</p> Signup and view all the answers

    What is the significance of 'vantage points' in witness observations?

    <p>They can create distortions in how events are seen</p> Signup and view all the answers

    Which of the following is NOT a requirement for being considered a witness?

    <p>Emotional witness to the event</p> Signup and view all the answers

    What type of contact code indicates that a possible immigration violation has occurred?

    <p>Code II</p> Signup and view all the answers

    Who has the ultimate authority over the actions of crew members on an aircraft?

    <p>The Pilot in Charge (PIC)</p> Signup and view all the answers

    Which term describes the offensive actions against terrorist networks to make environments less hospitable?

    <p>Counterterrorism strategy</p> Signup and view all the answers

    Under which circumstance is immediate action required for law enforcement on aircraft?

    <p>Bang, Boom, fire</p> Signup and view all the answers

    What determines whether a defendant can be released on bail or must remain detained during the pre-trial phase?

    <p>Whether the government can prove the defendant is a flight risk or danger</p> Signup and view all the answers

    Which of the following is a requirement for the grand jury to return an indictment?

    <p>Evidence must show probable cause</p> Signup and view all the answers

    Which of the following statements is true regarding the role of a grand jury?

    <p>Grand juries are independent bodies that return indictments</p> Signup and view all the answers

    What is the consequence for a juvenile after their arrest concerning communication with their parents?

    <p>Parents and AUSA must be notified of the arrest and charges</p> Signup and view all the answers

    Which statement accurately describes law enforcement officer's responsibility regarding grand jury secrecy?

    <p>Certain groups are required to grand jury secrecy, including law enforcement</p> Signup and view all the answers

    What type of subpoena commands a witness to testify but does not require them to produce any documents?

    <p>Ad Testificandum</p> Signup and view all the answers

    What must occur within 14 days of a defendant's initial appearance if they are detained?

    <p>Preliminary hearing</p> Signup and view all the answers

    What is the primary function of the preliminary hearing in relation to probable cause?

    <p>To ensure the government shows the basis for arrest based on probable cause</p> Signup and view all the answers

    Which factor influences the outcome of a defendant's bail during the initial hearing?

    <p>Whether the defendant previously skipped bail</p> Signup and view all the answers

    What should law enforcement officers do if they encounter a juvenile suspect?

    <p>Ensure the juvenile understands their Miranda rights clearly</p> Signup and view all the answers

    What is the main purpose of the Brady Doctrine?

    <p>It requires the government to disclose any exculpatory evidence that benefits the defendant, even if the defense doesn't request it.</p> Signup and view all the answers

    A defendant is arrested for a felony in a district different from where the crime took place. Which of the following describes the process for moving the defendant to the correct district?

    <p>The defendant has a right to a removal hearing to determine if they should be transferred to the district where the crime occurred.</p> Signup and view all the answers

    Which document is primarily used to formally charge a defendant with a Class A misdemeanor?

    <p>Criminal Complaint</p> Signup and view all the answers

    Which of these steps is NOT part of the procedure an officer must follow immediately after an arrest?

    <p>Waiting for a judge to issue a warrant before taking the defendant to a federally approved facility.</p> Signup and view all the answers

    What is the purpose of an initial appearance after a defendant is arrested?

    <p>To formally inform the defendant of the charges against them and their rights.</p> Signup and view all the answers

    What is the main purpose of the Jencks Act?

    <p>It mandates the prosecution to provide the defense with prior statements made by government witnesses.</p> Signup and view all the answers

    Which of the following is NOT a method used to cause a defendant to physically appear before a US Magistrate Judge?

    <p>A formal plea bargain agreement.</p> Signup and view all the answers

    Which of these is NOT one of the 13 total circuits in the US Circuit Courts System?

    <p>Nineteenth Circuit</p> Signup and view all the answers

    What are the two main types of documents that can be used to formally accuse a defendant of a felony crime?

    <p>Criminal Information and Criminal Indictment</p> Signup and view all the answers

    In regards to the court system, which one of these is exclusively responsible for conducting felony criminal trials?

    <p>District Courts</p> Signup and view all the answers

    What is the primary role of the Magistrate Judge in the federal court system?

    <p>Conducting pre-trial hearings, issuing warrants, and handling initial appearances.</p> Signup and view all the answers

    Which of these is NOT required for a defendant to waive their right to a Grand Jury indictment for a felony charge?

    <p>The prosecutor must agree to waive the Grand Jury indictment on behalf of the defendant.</p> Signup and view all the answers

    Which of the following pieces of information would NOT be classified as exculpatory evidence that the government is required to disclose to the defense under the Brady Doctrine?

    <p>Evidence that the defendant previously pleaded guilty to a lesser charge in a related case.</p> Signup and view all the answers

    Which document is used to initiate the formal criminal processing of a defendant accused of a felony crime, before the Grand Jury indictment?

    <p>Criminal Information</p> Signup and view all the answers

    What is the primary purpose of a detention hearing?

    <p>To determine if the defendant should be released on bail.</p> Signup and view all the answers

    Study Notes

    Federal Criminal Law

    • Conspiracy (18 U.S.C. § 371): Requires two or more people with knowledge of and intent to participate in a conspiracy, and an overt act to transition from thought to action.

    • **Knowledge:**Defendant must know of the conspiracy's existence and purpose, and at least one other person involved; specifics aren't required. The defendant doesn't need to know all details or every co-conspirator.

    • Intent: Defendant must intend to participate and help the conspiracy succeed – merely being aware of or approving of the plan isn't enough. Voluntary joining is required.

    • Agreement: An agreement doesn't need to be formal or stated; it can be shown by circumstantial evidence and the defendant's relationship to others. Mere presence at the scene isn't enough.

    • Overt Act: Any act taken in furtherance of the conspiracy after the agreement. One act by one member is sufficient; it doesn't have to be illegal, just in furtherance.

    • Withdrawal: Requires an affirmative act inconsistent with the conspiracy's goals, communicated to a co-conspirator or police, to avoid further responsibility for later acts; the burden of proof is on the defendant.

    • Late Joiners: Criminally liable for acts after joining, though acts before joining can be trial context.

    • Theft (18 U.S.C. § 641): Voluntary, intentional unlawful taking of U.S. government property with the intent to permanently deprive the government of its use or benefit.

    • Embezzlement (18 U.S.C. § 641): Knowingly taking property with lawful access, with the intent to deprive the owner.

    • Conversion (18 U.S.C. § 641): Knowingly misusing property with lawful access intended to deprive the U.S. of its use.

    • Receipt of Stolen Property (18 U.S.C. § 641): Knowingly receiving stolen U.S. property with intent to deprive.

    • False Identification Crime Control Act (18 U.S.C. § 1028): Knowingly possessing, transferring, producing fake IDs or devices intended for fraud; trafficking fake IDs; attempt is also a violation. Penalties range from misdemeanor to felony, and are enhanced for terrorism or drug offenses.

    National Stolen Property Act (18 U.S.C. § 2314)

    • Not fully described in the provided text.

    Aiding and Abetting (18 U.S.C. §§ 2-4)

    • Not fully described in the provided text.

    Mail and Wire Fraud (18 U.S.C. §§ 1341, 1343)

    • Not fully described in the provided text.

    Federal Court Procedures

    • Federal Court Structure: 13 circuits, 94 districts. District courts conduct trials; circuit courts hear appeals. Magistrate courts have jurisdiction over lower-level cases.
    • Brady Doctrine: Government must disclose favorable evidence to the defense.
    • Giglio: Government must disclose information to impeach government witnesses (criminal history, lies, bias).
    • Jenks Act & Rule 26.2: Defendant is entitled to witness statements relevant to the case.
    • Formal Accusation: Violation notices/citations (petty offenses), criminal complaints (any crime), criminal information (felonies with waiver), criminal indictments (felonies, capital cases non-waivable).
    • Defendant Appearance: Includes warrants (arrest or summons), no "unnecessary delay".
    • Removal Hearings: Defendant moved to district where crime occurred, if arrested in another district.
    • Initial Appearance & Detention Hearing: Defendant rights explained; bail considered.
    • Preliminary Hearing: Government establishes probable cause.
    • Arraignment: Defendant's plea entered.
    • Grand Jury: Independent body that returns indictments (required for some felonies); subpoenas include ad testificandum and duces tecum; proceedings secret. 12 jurors needed to indict.
    • International Considerations: Arrested foreign nationals have rights regarding their consulate; diplomatic immunity applies.
    • Foreign Consular Notification: If foreign national detained, notify their consulate promptly. Mandatory for listed countries; otherwise, notification depends on national desire.
    • Juveniles: Arrested juveniles brought before a magistrate swiftly; parents/guardians & AUSA notified.
    • Diplomats: Verify diplomatic status; do not arrest without explicit cause; follow diplomatic protocols.
    • Congressperson: Congressional immunity applies during session and travel; exceptions for violent felony breaches of the peace.

    Handling Specific Situations (Updated)

    • Probation: LEOs may provide information to Probation Officers when preparing presentence reports.

    Investigative Techniques

    • Eyewitnesses: Separate, assess sight/hearing, neighborhood canvases.
    • Lineups: Similar appearances, no obvious differences.
    • Showups: Preferred if conducted soon after the crime.
    • Distortion Factors: Physical presence, consciousness, attentiveness, and environmental/stress factors. Consider lighting, colors, physical distractions, noises, presence or absence of other people, emotional state, and witnessing circumstances in evaluations.

    Terrorism

    • Concepts: Terrorism involves violent acts intended to intimidate or coerce; unlike less-motivated targeted violence, motive is key, extremists are not necessarily criminal actors (unless intent/plan for violence).
    • Investigative Strategy: Proactive measures, joint efforts are essential, federal/local agencies work together.
    • Cybersecurity: CISA works to strengthen cybersecurity.
    • Terrorist Screening Center (TSC): Handling codes to help identify potential threats.
    • Extremism: Extremism includes substantial beliefs outside societal norms; extremists are not criminal unless violence is planned.

    Aircraft Countermeasures

    • Special Jurisdiction: Covers crimes on aircraft from boarding through disembarkation. PIC has complete control.
    • LEO Considerations: Threat levels determine LEO response; covert deployment and tactical patience are key; position of dominance or advantage.
    • IED Handling: Exigent circumstances to minimize passenger risk should be applied; bring bomb to least risk position.
    • TSA Regulations: Armed LEOs must meet strict requirements (clearance); weapons in checked bags must be in hard, locked containers and declared; carry of OC, tear gas, similar items forbidden; may carry tasers; international laws relevant to LEOs’ weapon carry.
    • Prisoner Escort: Notify aircrew at least 24 hours in advance; 2 officers for high risk, 1 for low risk prisoners. Seating arrangements (between prisoner and aisle for example).

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