Criminal Law & Procedure Flashcards

A security officer at a cleared facility who detains a trespasser typically relies on what source of authority?

Answer: State law on citizen's arrest or merchant detention

Private officers generally have only the citizen's arrest powers given under state law.

Under the NISPOM (32 CFR 117.8), to whom must a contractor report suspected espionage or sabotage?

Answer: The FBI, with a copy to the CSA

Such reports go to the FBI, with a copy furnished to the cognizant security agency.

Which statute criminalizes destroying or falsifying records to impede a federal investigation, with up to 20 years imprisonment?

Answer: 18 U.S.C. 1519

Section 1519 punishes destruction, alteration or falsification of records to obstruct federal matters.

What is the standard of proof required for a criminal conviction in the United States?

Answer: Beyond a reasonable doubt

The prosecution must prove guilt beyond a reasonable doubt.

Under the dual sovereignty doctrine, a person:

Answer: May be prosecuted by both state and federal governments for the same conduct

Separate sovereigns may each prosecute without violating double jeopardy.

How does a subpoena differ from a search warrant?

Answer: A subpoena compels production or testimony; a warrant authorizes a search or seizure on probable cause

A subpoena orders someone to produce items or testify, while a warrant authorizes government agents to search and seize.

Under 18 U.S.C. 641, what is the maximum imprisonment for theft or conversion of government property valued over $1,000?

Answer: 10 years

Section 641 allows up to 10 years where the value exceeds $1,000, and 1 year otherwise.