Reference no: EM131013433

Part A-

Discussion 1:

Question 1. Which of the following statements is true of storage media?

storage media come in a variety of sizes, shapes, and capacities

direct access media (e.g., disks) are faster than sequential access media (e.g., tape)

the speed of backup media often provides a clue as to the use of the media

all of the above

Question 2. What principle should guide the analysis of storage devices?

protect the original evidence

be able to explain every action you take

be aware of the limits of your ability to search legally

all of the above

Question 3. An image of a hard drive

contains all of the data from the drive, including slack space and unallocated clusters.

contains irregularities that produce a different hash value than the original.

is a still photograph taken of the platters of a hard drive.

is not useful to a forensic examiner under the "best evidence" rule.

Question 4. This type of security technology can involve biometrics.

backups

firewalls

encryption

passwords

Question 5. Most security threats come from inside an organization.

True

False

Question 6. This type of security technology works to "scramble" computer messages and/or data.

backups

firewalls

encryption

passwords

Question 7. Cyber attacks of home computers are not used for broader attacks on networks.

True

False

Question 8. While testifying, forensic analysts should

Avoid partisan testimony.

Speculate on the case.

Give summaries and opinions to the meaning of the evidence.

A and C

Question 9. The single greatest problem with computer security is

Insiders.

Hacking.

Password Protection.

Worms and Trojan programs.

Question 10. Minimization:

ensures that we do not do more harm than good to the victim

ensures we do not scare future victims with heavy-handed seizures

means reducing the amount of intrusion to the target system

all of the above

Discussion 2:

Explain the history of the 12-member jury requirement. Do you agree with the right to a jury trial?

Why is hearsay not allowed at trial?

What is the significance of the Supreme Court's decision in Brady v. U.S.?

Part B-

Question 1. A valid plea cannot be assumed from a silent record.

True

False

Question 2. Fixed sentencing has two primary forms - sentencing guidelines and discretion.

True

False

Question 3. Six person juries do not have to render unanimous verdicts.

True

False

Question 4. The jurisdiction of military commissions applies only to noncitizens.

True

False

Question 5. According to the broad view of habeas corpus, the 1867 Habeas Corpus Act authorizes courts to review the entire state proceeding to determine if there was a violation of a defendant's constitutional rights.

True

False

Question 6. The right to an impartial jury does not require that a jury be selected from a fair cross section of the community.

True

False

Question 7. Not every state has created a statutory right to appeal a criminal conviction.

True

False

Question 8. A trial judge may not deal with a continually disruptive defendant by having the defendant bound and gagged.

True

False

Question 9. Justices on the U.S. Supreme Court are divided on whether the proportionality principle applies to sentences of imprisonment.

True

False

Question 10. A defendant's youthful age at the time he committed a murder is considered an aggravating factor in most death penalty sentencing statutes.

True

False

Question 11. According to the U.S. Supreme Court, the death penalty is not cruel and unusual punishment if:

it is automatically applied to all murderers.

any aggravating circumstances can support it.

there is a review procedure to ensure against discriminatory application.

judges and juries both agree in a particular case that death is appropriate.

Question 12. Who can military commissions try?

any terrorist offenses

noncitizens

citizens

U.S. military personnel

Question 13. Supporters of convictions by guilty pleas argue all of the below except what?

Negotiation better serves the search for truth.

Guilty pleas save time.

The system would collapse without guilty pleas.

Guilty pleas further the interests of crime victims.

Question 14. The Sixth Amendment guarantees jury trial:

in all offenses.

only in felonies.

only in felonies against the person.

in all criminal prosecutions excepting petty offenses.

Question 15. One of the primary differences between interrogating criminal suspects and suspected terrorists, which impacts whether the interrogation techniques are legal is:

the suspected terrorist will most likely be a noncitizen and the criminal suspect most likely be a citizen.

the terrorist suspect may be detained outside the U.S. and the criminal suspect is in the U.S.

law enforcement officers question criminal suspects and intelligence officers question suspected terrorists.

for criminal suspects the issue is whether a confession is admissible in court to establish guilt; for terrorists suspects the issue is getting information to prevent a future attack.

Question 16. In Apprendi v. New Jersey (2000), the Supreme Court ruled that:

a judge can find by a preponderance of the evidence that a defendant committed a crime for a "racial purpose" in order to extend the term of the defendant's sentence.

a judge can find facts that by law can increase a defendant's sentence.

any fact (other than a prior criminal conviction) that can increase a defendant's sentence beyond the statutory maximum must be decided by a jury beyond a reasonable doubt.

facts that can increase a defendant's sentence beyond the statutory maximum must be found by a judge and confirmed by a jury.

Question 17. According to the moral seriousness standard, the Sixth Amendment right to a jury trial extends to crimes that:

are petty and can be punished by more than six months imprisonment

are considered serious felonies with long imprisonment terms

can be punished by less than six months imprisonment but that courts have determined have a certain "moral quality" that requires a jury trial

involve sexual assault

Question 18. Since 9/11, the government has shifted its primary goal from gathering evidence in order to prosecute terrorists to:

deporting them.

prosecuting drug dealers.

gathering intelligence in order to prevent future attacks.

detaining them without trial.

Question 19. In Lockyer v. Andrade (2003), the Supreme Court held that a 25-year to life sentence for petty theft under the state's three strikes law:

violated the Constitution because it was disproportionate to Andrade's crime.

did not violate the Constitution and is justified by the state's interest in incapacitating and deterring repeat offenders.

violated the Constitution because it was cruel and unusual punishment.

did not violate the Constitution because the Eighth Amendment doesn't apply to state sentences.

Question 20. The government's use of extraordinary power:

is only limited by necessity

is unlimited and can be used for any length of time

can be used only when it is absolutely necessary and must be given up when the emergency is over

refers only to the use of the military

Question 21. Regarding the right to a public trial, all of the following are true except:

it is a personal right that only defendants may invoke.

the press and public have a right of access to criminal trials.

the right of access applies to pretrial proceedings as well as to the trial itself.

press and public access includes jury deliberations.

Question 22. Which of the below was not among the reasons for repeal of mandatory minimum sentences for drug offenses in the early 1970s?

alienation of youth from general society

belief that the war on drugs was ending

hampering the rehabilitation of drug offenders

reduction of the deterrent of drug laws, because even prosecutors thought the

penalties were too harsh