FBI FBI Legal and Constitutional Framework 2 — Questions and Answers
Question 1: Under federal law, how long may the FBI hold a material witness who refuses to testify before a grand jury?
- 24 hours
- 48 hours
- Until testimony is secured or bail is granted (Correct answer)
- No longer than 30 days
Correct answer: Until testimony is secured or bail is granted
The Material Witness Statute (18 U.S.C. § 3144) allows detention of a material witness until testimony is secured or the court determines detention is unnecessary.
Question 2: What is the primary federal statute that the FBI uses to prosecute organized crime groups?
- RICO Act (18 U.S.C. § 1961) (Correct answer)
- The PATRIOT Act
- The Bank Secrecy Act
- The Hobbs Act
Correct answer: RICO Act (18 U.S.C. § 1961)
The Racketeer Influenced and Corrupt Organizations (RICO) Act allows the FBI to prosecute individuals as part of an ongoing criminal enterprise.
Question 3: Which amendment prohibits double jeopardy, protecting defendants from being tried twice for the same federal offense?
- Fourth Amendment
- Fifth Amendment (Correct answer)
- Sixth Amendment
- Eighth Amendment
Correct answer: Fifth Amendment
The Fifth Amendment's Double Jeopardy Clause bars the federal government from prosecuting someone twice for the same offense after acquittal or conviction.
Question 4: What is the statute of limitations for most non-capital federal crimes investigated by the FBI?
- 3 years
- 5 years (Correct answer)
- 7 years
- 10 years
Correct answer: 5 years
Under 18 U.S.C. § 3282, the default federal statute of limitations for non-capital offenses is five years from the date the crime was committed.
Question 5: The USA PATRIOT Act expanded FBI authority in which key area?
- Use of deadly force
- Surveillance and intelligence gathering for counterterrorism (Correct answer)
- Authority to arrest without warrants
- Jurisdiction over state crimes
Correct answer: Surveillance and intelligence gathering for counterterrorism
The PATRIOT Act (2001) significantly expanded FBI surveillance authorities, information sharing, and intelligence-gathering tools for counterterrorism investigations.
Question 6: Under the Sixth Amendment, what right do federal criminal defendants have regarding witnesses against them?
- Right to compel witnesses to testify
- Right to confront and cross-examine adverse witnesses (Correct answer)
- Right to exclude witness testimony
- Right to know witness identities before arrest
Correct answer: Right to confront and cross-examine adverse witnesses
The Confrontation Clause of the Sixth Amendment guarantees defendants the right to face and cross-examine witnesses who testify against them.
FBI FBI Legal and Constitutional Framework 2
Under federal law, how long may the FBI hold a material witness who refuses to testify before a grand jury?