Criminal Law & Procedure Flashcards

Under 18 U.S.C. 793(f), what is the maximum imprisonment for gross negligence that permits national defense information to be lost, stolen, or removed from its proper place of custody?

Answer: 10 years

Section 793 provides for fines and imprisonment of up to ten years.

What level of proof is the constitutional standard for issuing a search or arrest warrant?

Answer: Probable cause

The Fourth Amendment requires warrants to be supported by probable cause.

Why is maintaining a chain of custody important for physical evidence at a facility?

Answer: It shows who handled the evidence and that it was not altered

Documented custody supports authenticity and admissibility in court.

Under the Economic Espionage Act, 18 U.S.C. 1831, what is the maximum prison term for an individual who steals trade secrets to benefit a foreign government?

Answer: 15 years

Section 1831 provides up to 15 years for individuals (1832, the domestic version, is 10 years).

Which is a recognized exception to the warrant requirement?

Answer: Voluntary consent by a person with authority over the area

Voluntary consent from someone with actual or apparent authority validates a warrantless search.

What best supports the lawful inspection of employees' bags at a cleared facility entrance?

Answer: A written, publicized policy with notice and consent

Written policy and notice reduce privacy expectations and document consent.

The Computer Fraud and Abuse Act, 18 U.S.C. 1030, makes it a crime to do what?

Answer: Intentionally access a protected computer without authorization or exceeding authorized access

CFAA prohibits unauthorized access or exceeding authorized access to protected computers, including to obtain national security information.