Florida Department of Law Enforcement (FDLE) Practice Exam

According to law, what phrase accurately describes the items used by the defendant to facilitate a crime?

1. Evidence of the offense

2. Instrumentalities

3. Fruits of the crime

4. Criminal paraphernalia

The correct answer is: Instrumentalities

The phrase that accurately describes the items used by the defendant to facilitate a crime is "Instrumentalities." This term specifically refers to tools or objects that are employed to conduct or achieve a criminal act. In legal contexts, instrumentalities are integral to understanding how a crime was committed, as they directly contribute to the execution of the offense. For example, if a theft occurred and the thief used a crowbar to break into a building, the crowbar would be classified as an instrumentality of the crime. Evidence of the offense pertains more broadly to any proof that establishes a crime occurred, including witness testimony or physical evidence that may not necessarily be tools used in the commission of the crime. Fruits of the crime typically refer to the proceeds or gains obtained as a result of the criminal activity, such as stolen property. Criminal paraphernalia generally indicates items associated with unlawful activities, often in a broader context, like tools for manufacturing drugs, rather than those specifically used to execute the crime itself. Thus, "Instrumentalities" is the most precise term for the items that facilitate a crime.