FBI Legal and Constitutional Framework Flashcards
6 cards from real FBI practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 FBI Legal and Constitutional Framework flashcards as text
Under federal law, how long may the FBI hold a material witness who refuses to testify before a grand jury?
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.
What is the primary federal statute that the FBI uses to prosecute organized crime groups?
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.
Which amendment prohibits double jeopardy, protecting defendants from being tried twice for the same federal offense?
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.
What is the statute of limitations for most non-capital federal crimes investigated by the FBI?
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.
The USA PATRIOT Act expanded FBI authority in which key area?
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.
Under the Sixth Amendment, what right do federal criminal defendants have regarding witnesses against them?
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.