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Pamantasan Ng Lungsod Ng Muntinlupa

College of Criminal Justice


Mak1 Board Practice Examination
Criminal Jurisprudence and Procedure
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MAK BOARD 2009

1. Pardon cannot be extended to:


a. Murder b. Rape c. impeachment d. Plunder

2. What do you call the commission of another crime during service of penalty for a previous
offense committed by the offender?
a. recidivism b. habitual delinquency c. quasi recidivism d. reiteracion

3. A person who is arrested and legally placed in jail but is not yet convicted by the court is a:
a. criminal b. detention prisoner c. kawawa d. suspect

4. A detention prisoner escaped from custody while being transported from the courtroom back to
the city jail. What crime did he commit?
a. evasion of service of sentence c. escaped artist
b. disloyalty of prisoner d. no crime

5. The justifications for punishment are the following EXCEPT:


a. happiness b. retribution c. deterrence d. expiation e. atonement

6. Pardon by the President is only exercised when the accused is _____


a. already convicted b. before conviction c. about to be convicted d. a former President

7. Which among the following information shall the court consider in determining whether one
may be placed on probation?
a. character of the applicant
b. antecedents and environment
c. his mental condition
d. physical condition of the offender
e. all of the above

8. Amnesty can be granted only if there is:


a. concurrence of Congress c. Supreme Court sanction
b. people’s approval d. approval of world opinion

9. Probation is a form of:


a. treatment b. leniency c. reward d. punishment

10. This is given to the offender by showing to others what would happen if they commit a
crime.2
a. protection b. lethal injection c. deterrence d. stoning

11. What penalty prohibits you from entering a designated place normally within a radius of not
more than 250 and not less than 25 kilometers therein?
a. fine b. bond to keep the peace c. curfew d. destierro

12. What is the fraction of deducted sentence that is granted to one who escaped on the occasion
of a disorder if he surrendered himself within 48 hours after the issuance of the proclamation
announcing the termination of such calamity?
a. ½ b. 1/3 ¼ c. 1/5

13. Under Article 70 of the RPC, the duration of service of a life termer is:
1
. Compiled by: Mr. Makamasa Arnaldo Gapit
2
The answer is c. deterrence. But I think the best answer is EXEMPLARITY, which is not included among
the distracters or alternative answer.

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a. 20 years b. 30 years c. 40 years d. three fold rule

14. When does probation order take effect?


a. 3 days after issuance c. immediately upon issuance
b. 3 days prior to issuance d. 72 hours after issuance

15. The son cannot be held liable for the crime of his father. This is so, because nobody should
suffer for the crime of another. What juridical condition of penalty is this?
a. personal b. certain c. legal d. exemplarity

16. What do you call the postponement or temporary stay of the execution of the sentence?
a. amnesty b. pardon c. commutation d. suspension e. reprieve

17. One who receives an absolute pardon is _____ from civil liability.
a. exempted b. not exempted c. forgiven d. partly exempted

18. Who grants amnesty?


a. President of Fejodap c. Chief Executive
b. Justice Secretary d. Supreme Court

19. When the president changes the penalty to a less serious penalty or actually makes it shorter
than what is imposed by the court, he is exercising:
a. reprieve b. pardon c. commutation d. all of the above

20. _____ is not a matter of grace. The convict is not entitled to it as a matter of right.
a. reprieve b. pardon c. commutation d. all of the above

21. As a general rule, all persons in custody is entitled to bail as a matter of _____.
a. fact b. principle c. right d. discretion

22. Who advocated the free will theory of crime causation?


a. Cesare Lombroso b. Cesar Montano c. Julius Cesare d. Cesare Beccaria

23. The existence of an accomplice presupposes the existence of:


a. principal by direct participation
b. principal by inducement
c. principal by indispensable cooperation
d. any one of these or all of these

24. What kind of property may be seized and be the object of searched?
a. fruits of the offense
b. those intended to be used in committing the offense
c. subject of the offense
d. stolen or embezzled property
e. all of the above

25. What is the questioning initiated by law enforcer when a person has been taken into custody?
a. interview b. interrogation c. chika minute d. custodial investigation

26. If proof is the outcome of evidence, then what is evidence?


a. instrument of proof c. proof beyond doubt
b. corpus delicti d. silver platter

27. As a general rule, a warrant (of arrest) is directed to be served in:


a. anytime of the day or night c. any day except Sunday
b. daytime only d. only at nighttime

28. Which among the following privilege may be availed of by 1 st time offenders for
imprisonment not exceeding 6 years?
a. conjugal visit b. pardon c. probation d. justifying circumstances

29. Which among the following undergoes preventive imprisonment?

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a. probation officer b. parole officer c. probationer d. detention prisoner

30. Any person under investigation shall have the right to___
a. remain silent c. be informed of these rights
b. have independent counsel d. all of these

31. Anti Sexual Harassment Law is:


a. RA 7610 b. RA 9346 c. RA 7877 d. RA 7160

32. It is a disposition under which a defendant after conviction is released, subject to conditions
made by the court and supervision of a probation officer.
a. parole b. pardon c. probation d. amnesty

33. Which of the following will be used for court presentation?


a. rough sketch b. preliminary drawing c. finished drawing

34. A warrant may only be issued upon probable cause. How is probable cause determined?
a. it is determined personally by the judge
b. after examination under oath or affirmation
c. of the complainant and the witnesses he may produce
d. particular description of the person or place
e. all of the above

35. Which of the following best describes the classical theory?


a. there are born criminals and these can be shown by certain stigmatas
b. criminal behavior is learned in the interaction with others
c. basis of criminal liability is free will and purpose of penalty is retribution
d. criminals may be classified into ectomorph, mesomorph and endomorph body types.

36. He said that criminality increases in proportion as one approaches the equator.
a. Edwin Sutherland c. William Sheldon
b. Jean Jacques Montesquieu d. Lady Gaga

37. X was convicted of crime with less than 6 years imprisonment. X will be denied probation if:
a. he is convicted of any crime against national security or public order
b. he has been once under probation
c. he was previously convicted of offense punished by not less than one month and one day
imprisonment
d. all of the above

38. What is involved when a criminal is made incapacitated to commit a crime in the future?
a. incapacitation b. mutilation c. retribution d. imprisonment

39. What theory says that criminal behavior is learned in the process of interaction and
communication with other people?
a. psychoanalytic theory c. strain theory
b. social disorganization theory d. differential association theory

40. Who made the differential association theory (DAT)?


a. Edwin Sutherland c. William Sheldon
b. Jean Jacques Montesquieu d. Paris Hilton

41. The theory in criminology that the stress is more on the effects on the felonious acts of the
criminal rather than upon the criminal himself.
a. positivist b. classical c. neo classical d. hedonism

42. If you violate your probation conditions what will the court do?
a. the judge will cry c. the judge will revoke the probation
b. the prosecutor will sing d. the judge will extend the probation

43. Parole, pardon, commutation, reprieve are examples of:

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a. question in the board c. legal terms I don’t understand
b. executive clemency d. imprisonment

44. X was sentenced by Judge Y to reclusion Perpetua. If Judge Y died while X was serving his
sentence what happens to the sentence of X?
a. remains the same (no effect) c. X will stay longer in jail
b. X will be released d. It will be abolished

45. When a penalty has a minimum and maximum period, we refer to them as:
a. indeterminate sentence c. suspended sentence
b. determinate sentence d. complex crime

46. These are sets of law that control the action of the criminal justice and define the rights of the
defendant.
A. criminal law b. civil law c. remedial law d. labor law

47. What theory states that lower class culture puts people in conflict with the norms of the
dominant culture?
a. strain theory c. anomie theory
b. culture conflict theory d. differential association theory

48. If a policeman detains another for a period beyond that allowed by law the crime is: 3
a. police brutality c. infidelity in custody
b. arbitrary detention d. illegal detention

49. The Philippine Criminal Law promulgated in 1433.


a. Code of Kalantiaw c. Codigo penal de Espana
b. Spanish Penal Code d. Code of Hammurabi

50. Crime is the result of the frustrations and anger a person experience and his inability to
achieve a legitimate goal. If a person cannot achieve his goals he experiences stress which will
lead him to criminal behavior.
a. strain theory c. anomie theory
b. culture conflict theory d. differential association theory

51. The preliminary investigation of offense within the jurisdiction of the Sandiganbayan is
conducted by:
a. public prosecutor c. ombudsman
b. justice secretary d. IBP officers

52. In this stage, the accused will be brought before the court to apprise him of the charges
against him.
a. custodial investigation c. arraignment
b. promulgation of judgment d. plea bargaining

53. Who represents the State in criminal proceedings?


a. judge c. policeman e. public prosecutor
b. clerk of court d. private prosecutor

54. These refer to the written allegations of the parties of their respective claims and defenses
submitted to the court for trial and judgment. Examples of these are complaint, information,
affidavit, motion dismiss etc.
a. court papers c. pleadings
b. motions d. mere scraps of paper

55. A process in the criminal justice which means the questioning initiated by law enforcers after
a person has been taken into custody or deprived of his freedom of action in any significant way.
It is defined by RA 7438.
a. preliminary investigation c. credit investigation
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Answer is b, arbitrary detention (Note: I think the best answer is delay in the delivery of detained
person to proper judicial authority. This answer however is not among the distracters given, so letter b
appears to be the best answer.)

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b. background investigation d. custodial investigation.

56. Which among the following is a part of custodial investigation?


a. police line up c. mug shots
b. invitation to appear in police station d. taking of fingerprints

57. X is frustrated because he lost his wallet containing twenty pesos. He therefore has no more
money to buy food and medicine. While walking along the street, he saw a lady counting her
money she had just withdrawn from an Automated Teller Machine. X thought of taking the
money from the lady by force. What crime is committed by X?
a. robbery b. theft c. sin d. no crime

58. When an offender has performed all the felonious acts but he failed to produce the felony for
some reason or another, the crime is:
a. attempted b. frustrated c. consummated d. impossible

59. It has endeavored to establish a mechanical and direct proportion between crime and penalty
and there is scant regard to the human element.
a. classical theory b. positivist theory c. strain theory d. none of the above

60. It is a human act punishable by the Revised Penal Code4.


a. offense b. crime c. misdemeanor d. infraction

61. What do you call the sexual gratification by watching nude man or woman? It is also known
as peeping Tom.
a. voyeurism b. exhibitionism c. fellatio d. cunnilingus

62. What do you call the act of sucking and licking the male sexual organ in order to derive
pleasure and in most cases orgasm?
a. voyeurism b. exhibitionism c. fellatio d. cunnilingus

63. What is present when the killing of a person is considered beforehand and that it was
motivated more than by a simple desire to engage in acts of violence? It is one of the
aggravating/qualifying circumstances mentioned by the penal code.
a. cruelty b. treachery c. evident premeditation d. lack of foresight

64. It is an inherent power of the _____ to compel the attendance of witnesses in a case pending
before them.
a. courts b. policeman and NBI authorities c. prosecutors d. all of the above

65. This the premier educational institution for the police, fire and jail personnel.
a. Philippine College of Criminology
b. Philippine Military Academy
c. Philippine National Police Academy
d. Philippine Public Safety College
e. Pamantasan Ng Lungsod Ng Muntinlupa

66. What element of simple seduction usually takes the form of non fulfillment of the man’s
promise of marriage?
a. sexual intercourse b. virginity c. deceit d. oh yes, yes.

67. An autopsy report conducted by a medico legal and submitted to the court is an example of
what evidence?
a. documentary b. testimonial c. circumstantial d. direct

68. What do you call the process of inflicting death due to the mercy killing of a very sick
person?
a. suicide b. genocide c. regicide d. euthanasia
4
The answer is letter b. crime (Comment: The more accurate answer would have been “felony”, but since it
is not included among the distracters or alternative answers, the examinee should now begin the process of
picking up the next best answer which is letter “b. crime” a term which is broad enough to cover all
acts/omissions punishable by law.

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69. Which among the following is the following is the best and highest proof. It speaks more
eloquently than a hundred witnesses.
a. real evidence (object) c. documentary evidence
b. testimonial evidence d. solid evidence

70. Your classmate is mad at you. Which among the following substances is likely to be used by
your classmate in order to murder you?
a. oxygen c. belladona
b. alcoholic beverages d. strychnine

71. After arraignment, if the accused does not appear despite due notice to him and his absence is
not justifiable this may happen:
a. the case will be dismissed c. there will be trial in absentia
b. the hearing of the case is postponed d. the case will be archived

72. For purposes of identification, the accused must appear in court; this means that there must
be _____ of the accused.
a. appearance by lawyer c. appearance fees
b. appearance by proxy d. personal appearance

73. A stabbed B. A became remorseful and brought B to the hospital. The wound was almost
fatal had it not for medical intervention. B did not die. What crime is committed by A?
a. attempted felony c. physical injury
b. frustrated felony d. no crime

74. What do you call the authority of the court to take cognizance of a case in the first instance?
a. original jurisdiction c. appellate jurisdiction
b. first time jurisdiction d. territorial jurisdiction

75. That which is not excluded by law as tending to prove a fact in issue.
a. competent evidence b. testimonial evidence c. physical evidence d. evident premeditation

76. It is a process issued by a court after conviction to carry out the final judgment, such as
commanding a prison warden to hold the accused in accordance with the terms of the judgment. It
is carrying into effect the judgment of the court.
a. mittimus b. commitment order c. arrest warrant d. order of confinement

77. What is the purpose of bail?


a. added source of income for the government
b. to protect the 4th amendment rights of the accused
c. to obtain temporary release of accused while under trial
d. to keep the accused in jail until trial

78. SPO4 X, testified that he saw the accused stabbed the victim is presenting what kind of
evidence to the court?5
a. real or object evidence b. fabricated evidence c. best evidence d. direct evidence

79. The place of trial for a criminal action.


a. venue b. jurisdiction c. territorial jurisdiction d. meeting place

80. It is one in which all the ingredients of the offense are committed in one place (only).
a. continuing crimes b. local crimes c. transitory crime d. complex crime

81. A crime in which some acts material and essential thereto occur in one province and some in
another.
a. instant crime b. local crimes c. transitory crime d. complex crime

82. Intervention of the victim in the criminal action is not allowed in the following EXCEPT:
a. when he has not waived the civil action
b. when he has waived the civil action
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Aside from direct evidence, SPO4 X is a also gave a “testimonial evidence”

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c. when he has filed the civil action ahead of the criminal action
d. when he has expressly reserved the right to institute the civil action separately.

83. The following are requisites of attempted felony EXCEPT:


a. offender commences the commission of a felony
b. the commission of a felony is done by overt acts
c. offender does not perform all the acts of execution which should produce the felony
d. the offender’s act is not stopped by his own spontaneous desistance
e. the non performance of all the acts of execution was due to cause or accident.
f. the offender confesses his guilt to the police

84. X mixed poison to the food of Y. After Y had eaten a spoonful or two of the food prepared by
X, Y threw them away as he did not like its taste. Y did not die. What crime is committed by X?
a. attempted murder c. consummated murder
b. frustrated murder d. impossible crime

85. X (man) dragged a woman to an isolated rice field about a few meters away from
where she was. Because of the constant shouts for help of the woman X let him go and X
run away. What crime was committed?6
a. attempted rape c. grave threats
b. illegal detention d. acts of lasciviousness

86. A with intent to kill fired his firearm against B inflicting non mortal wound on the
latter. B pleaded for his life. A got remorseful and stopped from further shooting B. B
lived. A is liable for:
a. physical injuries7 b. attempted felony

87. A shot B but did not hit the latter. He was about to shoot a second time but B said,
“wag po maawa napo kayo”. Because of these words A stopped from shooting and left
the scene. This is8:
a. discharge of firearm b. attempted felony

88. X with intent to kill stabbed Y at least two times, as a result Y fell to the ground. X
was to stab again Y for the second time but he noticed that Y was no longer moving and
breathing. X thought that Y was already dead so he hurriedly left. Unknown to him Y was
just feigning (kunwari) death. After X left, Y immediately went to a nearby hospital.
What crime was committed assuming the wounds are mortal or fatal but Y did not die
because of the skillful medical intervention?
a. attempted felony b. frustrated felony

89. X with intent to kill stabbed Y at least two times, as a result Y fell to the ground. X
was to stab again Y for the second time but he noticed that Y was no longer moving and
breathing. X thought that Y was already dead so he hurriedly left. Unknown to him Y was
just feigning (kunwari) death. After X left, Y immediately went to a nearby hospital.
What crime was committed assuming the wounds are not mortal or not fatal, hence not
sufficient to cause death?
a. attempted felony b. frustrated felony

90. A waylaid (inabangan) B in the hope of getting a watch. But B left the watch. A
pointed his gun to B. But since B had no watch in him, A let him go unmolested. What
crime was committed?9
a. attempted robbery b. frustrated robbery

6
Another possible answer aside from illegal detention is “grave coercion”.
7
Another possible answers aside from physical injury are: “discharge of firearm” (if there is no intent to
kill) and “Grave threats.”
8
Another possible answer aside from discharge of firearm is: “grave threats”
9
Aside from attempted robbery, the other possible answer is: “Grave threats”

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91. A shot B producing a wound sufficient to cause death. However a twist of fate
happened when A suddenly began to feel sorry for B. So A himself treated the wounds
sustained by B. B did not die as a result. What crime was committed by A?
a. frustrated felony b. physical injury

92. A raised his bolo as if to struck B (without any blow being struck). What crime was
committed?
a. attempted felony b. light threats

93. X who is fully naked and Y also fully naked forcefully rubbed his penis into the
genitalia of Y. The tanods came and arrested X on the spot. What crime is committed?
a. attempted rape b. acts of lasciviousness

94. Dr. X had long wanted to kill Y his brother. So one night he mixed whitish substances
(arsenic) on the soup of the latter. When the brother had already finished his meal
including the soup with poison, Dr. X had a sudden change of heart and decided to save
the life of the brother by employing his knowledge in toxicology. He immediately
administered an antidote. The antidote administered by Dr. X prevented the death of the
brother. What crime was committed by Dr. X?
a. attempted parricide b. physical injury

95. It is that point in the commission of the crime where the actor has still control over
his acts and its natural course.
a. objective phase b. subjective phase

96. X shot Y to death. While X was in jail, Mel Enriquez, a television


anchorman/reporter interviewed him. In the process of interview, X admitted to Mel, that
he indeed shot Y. Mel is now in court as a witness against X to prove that X admitted to
him that he (X) killed Y. Is this evidence admissible?
a. Yes, the interview was not part of custodial investigation
b. No, there was no lawyer when X confessed his guilt
c. No, it is against media ethics to testify when the suspect admitted his crime to a media
man
d. Yes, if there was no torture employed by the media man

97. A admitted his guilt because he was tortured. As a general rule, confession is
presumed to be voluntary. How can A proved that the confession was merely extracted by
force or torture?
a. he should complaint to the person who administered his oath
b. he should institute criminal and administrative charges against PO1 X.
c. he should present evidence of violent marks on his body
d. any one or all of the above

98. A induced B to kill C. Both of them are now in jail and facing trial for murder. B
confessed everything about the murder and pointed to A as the mastermind. After having
knowledge of this fact, A said in the presence of the policemen: “By my life what a
traitor is this B, he tells the truth, after having promised that he would not testify against
me, and he has joined me in this cause.” What is the implication of the statement of A?
a. it serves as admission by silence c. its not admissible
b. it serves as adoptive confession d. it shows his carelessness

99. X stabbed Y. Before Y’s death and while Y was in the hospital he was asked this
question by the investigator:

Q: Who stabbed you?


A: X
Q: Do you think you are going to die?

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A: Opo siguro po.

X maybe convicted of a crime based on:

a. Y’s dying declaration c. Y’s declaration against interest


b. Y’s admission by silence d. Y’s testimonial evidence

100. All of the following are requisites of a dying declaration except:


a. declaration must concern the cause and circumstances of declarant’s death
b. the declarant was under the consciousness of an impending death
c. declarant is a competent as a witness
d. declaration is offered in a criminal case for homicide, murder or parricide in which the
declarant is the victim.
e. the declarant must not be harboring hatred against the accused.

101. X saw Y sprawled on the ground bloodied and wounded. X asked Y “Y anu ang
nangyari?” Y answered “Si Pacquiao”. These were the last words uttered by Y as he died
thereafter. May this last statement of Y be admitted as dying declaration?
a. yes because Y made it under the consciousness of an impending death
b. no because a dying declaration to be admissible must be complete in itself.
c. yes if Y believes in the after life
d. no if Y does not believe in the afterlife

102. An act or declaration made in the presence and within the hearing or observation of
a party who does or says nothing when the act or declaration is such as naturally to call
for action or comment if not true, and when possible for him to do so may be given in
evidence against that party. This is known as:
a. admission c. declaration against interest
b. admission by silence d. extrajudicial confession

103. X was approached Y. X was reported as having shouted “Aray”. He was brought to
the hospital and there he confided to W that Z was his assailant. X made declarations that
he was certain to die because of the wounds he sustained. X in fact died a few minutes
thereafter. X’s statement is admissible as:
a. dying declaration c. confession
b. declaration against interest d. interlocking confession

104. In the above scenario, let us assume that X made statements expressing hope that he
would somehow make a full recovery, but nevertheless he still died a few minutes after
being admitted to the hospital. It is settled that X’s statement may not be considered as a
dying declaration because the statement was not made under the consciousness of an
impending death. However his statement may still be considered as:
a. confession c. admission
b. parts of the res gestae d. declaration against pedigree

105. A heard some gunshots while inside his house. When he went outside to investigate
he saw B bloodied and lying on the ground. A heard B uttering this statement: “Kung ako
ay bibigyan pa ng Dios ng pangalawang buhay, hindi maaring mananagot si Bebot at si
Frankie.” Bebot and Frankie may be convicted of homicide or murder based on B’s
statement which may qualify as a:
a. mi ultimo adios b. act of contrition c. testimonial evidence d. dying declaration

106. A was stabbed by B. A instinctively cried “Aray sinaksak ako ni B” A did not die.
A’s statement is:

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a. parts of the res gestae c. confession
b. dying declaration d. declaration about pedigree

107. A man served his sentence for 8 years, although he was sentenced 20 years
imprisonment. What did the man enjoy?
a. parole b. total freedom c. probation d. he escaped

108. A family built his house in an inner piece of land. He was not allowed to go through
a neighbor’s yard. He was accused of trespassing. But the law allows such passage under:
a. eminent domain b. right of way c. violation of domicile d. taxation power

109. Juan is expert in pick pocketing. He does this act in the sidewalks and in Quiapo
church. The pick pocketing in church is more serious when done in church because:
a. he takes advantage of people in prayer
b. he disregards religion
c. the crime was committed in a place dedicated to religious worship
d. the pickpocket is a catholic himself

110. A law was passed in July 1998 imposing death penalty against a drug pusher. The
pusher was caught and convicted in 1997. The judge sentenced him (again) to death in
1999, which is the 2nd promulgation of judgment. What right was violated?10
a. right against bill of attainder c. right against life
b. right against death penalty d. right against ex post facto law

Compiled By: Mr. Makamasa A. Gapit11


Philippine College of Criminology
University of Perpetual Help Dalta Las Piñas

Encoded, assisted, kissed and embraced by: Ms. Emma Lee Bunton
St. Theresa’s Primary School
Sylvia Young Theatre School Marylebone

References and Patterned After:


Past Criminologist Licensure Examination Questions
Past Bar Examination Questions in Criminal Law
Past Questions on the Licensure Examination for Teachers
Luis B. Reyes; Criminal Law Classic Examples Rex Bookstore 1998 Edition
Marlo B. Campanilla; Criminal Law Rex Bookstore 2007
Ricardo J. Francisco; Evidence 1996 ed., Central Bookstore
Mitchell De Nostradamus; Interpretation of Predictions and Prophecies

-and-

My Experience and Common Sense


1c
2c
3b
4d
5a
6a
7e
8a
9a
10c
11d
10
Aside from right against ex post facto law the right against double jeopardy was also violated.
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First edition Mak Board 2009; September 12, 2009 A.D.

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12c
13b
14c
15a
16e
17b
18c
19c
20b
21c
22d
23d
24e
25d
26a
27a
28c
29d
30d
31c
32c
33c
34e
35c
36b
37d
38a
39d
40a
41b
42c
43b
44a
45a
46c
47b
48b
49a
50a
51c
52c
53e
54c
55d
56b
57d
58b
59a
60b
61a
62c
63c
64a
65d
66c
67a
68d
69a
70d
71c
72d
73c

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74a
75a
76a
77c
78d
79a
80b
81c
82a
83f
84a
85b
86a
87a
88b
89a
90a
91b
92b
93b
94b
95b
96a
97d
98b
99a
100e
101b
102b
103a
104b
105d
106a
107a
108b
109c
110d

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