Question 1

The primary difference between felonies and misdemeanors is:&#10;A)the person prosecuted.&#10;B)the penalty imposed.&#10;C)whether the victim is an individual or general society.&#10;D)the court that tries the case.

Accepted Answer

The primary difference between felonies and misdemeanors is the penalty imposed. Felonies are more serious crimes and carry heavier penalties such as imprisonment for longer periods of time, while misdemeanors are less serious crimes and carry lighter penalties such as fines or short-term imprisonment. The person prosecuted, the victim, and the court that tries the case may vary depending on the nature of the offense, but the main distinguishing factor between felonies and misdemeanors is the severity of the penalty. The primary difference between felonies and misdemeanors is the penalty imposed. Felonies are more serious crimes that carry a penalty of imprisonment for more than one year, while misdemeanors are less serious offenses that carry a penalty of imprisonment for up to one year or a fine. The other options (A, C, D) do not accurately describe the primary difference between the two types of offenses.

Question 2

Rehabilitation, incapacitation, and deterrence are:&#10;A)mutually exclusive purposes of punishment.&#10;B)essential components of all punishment.&#10;C)accomplished only through incarceration.&#10;D)sometimes conflicting, sometimes complementary purposes of punishment.

Accepted Answer

Rehabilitation, incapacitation, and deterrence are not mutually exclusive, as they can all be achieved through punishment. However, they may sometimes conflict with each other, such as when incapacitation (keeping an offender in prison) may hinder rehabilitation (reintegrating an offender back into society). Therefore, they are sometimes complementary and sometimes conflicting purposes of punishment. Rehabilitation, incapacitation, and deterrence are often conflicting or complementary purposes of punishment, depending on the circumstances. For example, incapacitation may deter future crimes by keeping the offender from committing more crimes while in prison, but it may not necessarily rehabilitate the offender or deter them from committing more crimes once they are released. Similarly, rehabilitation may deter future crimes by addressing the root causes of criminal behavior, but it may not necessarily incapacitate or punish the offender for their past crimes. Therefore, the purposes of punishment can vary depending on the situation and the goals of the justice system.

Question 3

In the 20th century:&#10;A)all states have abolished common law crimes.&#10;B)many states have abolished common law crimes but have retained general principles of the common law.&#10;C)the common law remains in effect in all jurisdictions.&#10;D)common law crimes are relevant only as a part of our heritage.

Accepted Answer

Many states have indeed abolished common law crimes, but they have retained general principles of the common law. Therefore, B is the best choice. A is incorrect because not all states have abolished common law crimes. C is incorrect because the common law has been modified in many jurisdictions. D is incorrect because common law crimes are still relevant in certain situations. Many states have abolished common law crimes but have retained general principles of the common law. While some states have completely abolished common law crimes, others have abolished certain ones but may still reference common law principles in their legal system. Additionally, some common law crimes may still be recognized in certain circumstances, such as self-defense or defense of property. Therefore, option B is the best choice.

Question 4

Judicial restraint:&#10;A)encourages the courts to enforce good public morals.&#10;B)binds the courts to follow prior decisions and defer to legislative intent.&#10;C)is relevant only to constitutional interpretation.&#10;D)is mandated by the constitution.

Accepted Answer

Judicial restraint is a legal philosophy which suggests that judges should defer to the actions of the legislative and executive branches of government. This means that when making their decisions, judges should not try to impose their own personal views, but instead should follow the intent of the lawmakers who wrote the laws in question. This can also include following prior decisions made by higher courts. Therefore, answer choice B, which states that judicial restraint binds courts to follow prior decisions and defer to legislative intent, is the best choice. Answer choice A is incorrect because judicial restraint does not specifically encourage courts to enforce any particular set of morals; rather, it emphasizes deference to the political process. While the interpretation of the Constitution can be informed by judicial restraint, this is not the same thing as suggesting that it is relevant only to constitutional interpretation (answer choice C). Finally, while the Constitution may imply a preference for judicial restraint in certain contexts, it does not mandate that all judges adhere to that philosophy in every case (answer choice D). Judicial restraint refers to the principle of judges interpreting the Constitution based on the original intent of the Framers and deferring to the decisions of the other branches of government, rather than imposing their own policy preferences. This principle binds judges to follow prior judicial decisions and defer to legislative intent unless a law or action clearly violates the Constitution. It is not mandated by the Constitution, but rather a philosophy adopted by some judges.

Question 5

Judicial activism:&#10;A)binds courts to stand by prior decisions.&#10;B)requires courts to defer to legislative intent.&#10;C)encourages courts to interpret law to achieve social goals.&#10;D)is relevant only to constitutional interpretation.

Accepted Answer

Judicial activism encourages courts to interpret the law in a way that achieves social goals, such as promoting civil rights or protecting individual liberties, even if it means going beyond the strict wording of the law or overturning prior decisions. It is not limited to constitutional interpretation and may apply to a range of legal issues. Judicial activism involves courts interpreting the law to achieve social goals, often beyond what is strictly required by the text of the law or the Constitution. This approach is generally seen as more politically liberal, and can be contrasted with a more conservative approach that emphasizes judicial restraint and adherence to the text of the law.

Question 6

A malum prohibitum crime is:&#10;A)punishable only by fines.&#10;B)wrong by its very nature.&#10;C)prohibited by administrative regulation.&#10;D)a wrong created by statute or administrative regulation.

Accepted Answer

Malum prohibitum crimes are wrongs created by statute or administrative regulation, and are not inherently wrong by their nature. They are typically punished by fines or other non-criminal penalties. Malum prohibitum crimes are wrongs created by statute or administrative regulation. They are not inherently wrong, but are considered wrong because they are prohibited by law. The punishment for these crimes can include fines, imprisonment, or other penalties.

Question 7

The ex post facto principle prohibits:&#10;A)decreasing punishments for past crimes.&#10;B)increasing punishments for future crimes.&#10;C)laws that create new crimes not recognized by common law.&#10;D)laws that punish conduct done before the law's passage.

Accepted Answer

The ex post facto principle prohibits laws that punish conduct done before the law's passage. This means that individuals cannot be punished for actions that were legal at the time they were committed but later became illegal due to a change in the law. This principle is an important protection of individual rights and ensures that people are not punished unfairly or arbitrarily. The ex post facto principle prohibits laws that punish conduct done before the law's passage. This means that people cannot be punished for actions that were not considered crimes at the time they were committed.

Question 8

Criminal law possesses the following characteristics:&#10;A)conviction carries with it the community's moral condemnation.&#10;B)punishment of wrongdoing.&#10;C)society as a whole is considered to be the injured party.&#10;D)all of the above.

Accepted Answer

Criminal law is designed to punish wrongdoing and the punishment carries with it the community's moral condemnation. Society as a whole is considered the injured party in these cases. Criminal law carries with it the community's moral condemnation, punishes wrongdoers, and considers society as a whole to be the injured party.

Question 9

Which of the following constitutional provisions limits the government's power to prohibit and punish certain conduct?&#10;A)The right to free speech&#10;B)The right to due process&#10;C)The right to privacy&#10;D)All of the above

Accepted Answer

All three rights listed (free speech, due process, and privacy) limit the government's power to prohibit and punish certain conduct. The right to free speech protects individuals' ability to express themselves without fear of government censorship or punishment. The right to due process ensures that individuals are entitled to a fair and impartial legal process before they can be deprived of life, liberty, or property. The right to privacy protects individuals from unreasonable searches and seizures and sets limits on how the government can collect and use personal information. All of these rights work together to place checks on the government's power to regulate individual behavior. The right to free speech, due process, and privacy are all constitutional provisions that limit the government's power to prohibit and punish certain conduct. The First Amendment's protection of free speech limits the government's ability to regulate speech, the Fifth and Fourteenth Amendments' guarantee of due process of law limits the government's ability to punish individuals without proper legal procedures, and the Fourth Amendment's protection of privacy limits the government's ability to invade individuals' privacy without a warrant or probable cause. Therefore, all of these constitutional provisions work together to limit government power over certain conduct.

Question 10

The United States has:&#10;A)a uniform criminal code.&#10;B)a common law that supersedes the statutes of individual jurisdictions.&#10;C)a federal criminal code under which most charges are brought.&#10;D)variations among jurisdictions in defining crimes and punishments.

Accepted Answer

The United States does not have a uniform criminal code, but rather variations among jurisdictions in defining crimes and punishments. Each state has its own criminal code, and there is also a federal criminal code under which most charges are brought. Additionally, there is no common law that supersedes the statutes of individual jurisdictions. The United States does not have a uniform criminal code or a common law that supersedes individual jurisdiction's statutes. There is a federal criminal code, but most charges are brought at the state level, where there are variations in defining crimes and punishments.

Question 11

The original source of our criminal laws was:&#10;A)English common law.&#10;B)Church law.&#10;C)Roman law.&#10;D)statutory law.

Accepted Answer

The answer of The original source of our criminal laws...

Question 12

Critics of deterrence theory maintain that:&#10;A)human beings govern their conduct by considering potential punishment.&#10;B)a major purpose of criminal law is crime prevention.&#10;C)much human behavior is emotional, not rational.&#10;D)most criminal conduct is voluntary.

Accepted Answer

The answer of Critics of deterrence theory maintain that:&#10;A)human beings...

Question 13

Misdemeanors are:&#10;A)&#34;violations,&#34; not crimes.&#10;B)minor crimes.&#10;C)civil harms.&#10;D)common law offenses.

Accepted Answer

The answer of Misdemeanors are:&#10;A)&#34;violations,&#34; not crimes.&#10;B)minor crimes.&#10;C)civil harms.&#10;D)common law...

Question 14

The Model Penal Code was developed by:&#10;A)the American Law Institute.&#10;B)the U.S.Congress.&#10;C)the American Association of Law Professors.&#10;D)a conference of state legislatures.

Accepted Answer

The answer of The Model Penal Code was developed by:&#10;A)the...

Question 15

The doctrine that requires criminal laws to be reasonably specific is known as the:&#10;A)ex post facto doctrine.&#10;B)uniformity doctrine.&#10;C)void-for-vagueness doctrine.&#10;D)liberal construction doctrine.

Accepted Answer

The answer of The doctrine that requires criminal laws to...

Question 16

Deterrence theory is based upon the assumption that:&#10;A)criminals are beyond society's control.&#10;B)rehabilitation requires incapacitation.&#10;C)human beings govern their conduct by considering potential punishment.&#10;D)rehabilitation is more humane than retribution.

Accepted Answer

The answer of Deterrence theory is based upon the assumption...

Question 17

The primary objective of a criminal prosecution is:&#10;A)punishment of the wrongdoer.&#10;B)compensation of the victim for any financial loss.&#10;C)promoting negotiation and settlement.&#10;D)enforcing morals.

Accepted Answer

The answer of The primary objective of a criminal prosecution...

Question 18

According to incapacitation theory, the purpose of criminal punishment is to:&#10;A)express community condemnation.&#10;B)reform criminals into noncriminals.&#10;C)eliminate an offender's capacity to commit crimes.&#10;D)vindicate victims' rights.

Accepted Answer

The answer of According to incapacitation theory, the purpose of...

Question 19

Criminal acts that are wrong by their very nature are referred to as:&#10;A)administrative crimes.&#10;B)mala in se.&#10;C)public crimes.&#10;D)mala prohibita.

Accepted Answer

The answer of Criminal acts that are wrong by their...

Question 20

The vagueness doctrine prohibits laws that:&#10;A)violate the ex post facto clause.&#10;B)violate the constitution in any way.&#10;C)violate the equal protection clause.&#10;D)violate the constitutional requirement of due process.

Accepted Answer

The answer of The vagueness doctrine prohibits laws that:&#10;A)violate the...

Question 21

Recognition that people normally intend the natural and necessary consequence of their acts is:&#10;A)a &#34;true&#34; and proper presumption.&#10;B)a permissible inference.&#10;C)unconstitutional.&#10;D)part of a proper defense, but not part of the prosecution's case.

Accepted Answer

The answer of Recognition that people normally intend the natural...

Question 22

A presumption is:&#10;A)adequate for conviction.&#10;B)the same thing as a permissive inference.&#10;C)determined by the judge, not the jury.&#10;D)a mandatory finding when certain predicate facts are established.

Accepted Answer

The answer of A presumption is:&#10;A)adequate for conviction.&#10;B)the same thing...

Question 23

A permissive inference is:&#10;A)a possible but not mandatory conclusion to be drawn.&#10;B)available only to the defense, not the prosecution.&#10;C)unconstitutional in a criminal trial.&#10;D)not a proper way to prove the corpus delicti.

Accepted Answer

The answer of A permissive inference is:&#10;A)a possible but not...

Question 24

Robinson v.California declared disproportionate punishments to be:&#10;A)cruel and unusual.&#10;B)constitutional.&#10;C)unconstitutionally vague.&#10;D)inconsistent with rehabilitation.

Accepted Answer

The answer of Robinson v.California declared disproportionate punishments to be:&#10;A)cruel...

Question 25

The prosecution's responsibility to prove all elements of a crime beyond a reasonable doubt is known as its:&#10;A)burden of production.&#10;B)burden of proof.&#10;C)burden to prove the corpus delicti.&#10;D)presumption of guilt.

Accepted Answer

The answer of The prosecution's responsibility to prove all elements...

Question 26

The preponderance of evidence is:&#10;A)evidence that raises a reasonable doubt.&#10;B)clear and convincing evidence.&#10;C)evidence that makes a fact more likely than not.&#10;D)a constitutional standard.

Accepted Answer

The answer of The preponderance of evidence is:&#10;A)evidence that raises...

Question 27

The burden of production in a criminal case requires:&#10;A)evidence beyond a reasonable doubt.&#10;B)some evidence to support a claim.&#10;C)evidence to rebut the presumption of innocence.&#10;D)direct, not circumstantial, evidence.

Accepted Answer

The answer of The burden of production in a criminal...

Question 28

In Robinson v.California, the defendant's conviction for being addicted to narcotics was overturned because:&#10;A)the state failed to prove that the defendant was addicted.&#10;B)the defendant was a mere user, not a seller of narcotics.&#10;C)punishment for a condition or status is cruel and unusual.&#10;D)the defendant's addiction was not voluntary.

Accepted Answer

The answer of In Robinson v.California, the defendant's conviction for...

Question 29

The prosecution may use inferences that are:&#10;A)rational, that is, the inferred fact logically follows from the evidence.&#10;B)created by the legislature.&#10;C)recognized by common law.&#10;D)reflective of legislative policy.

Accepted Answer

The answer of The prosecution may use inferences that are:&#10;A)rational,...

Question 30

Corpus delicti is:&#10;A)the body of a homicide victim.&#10;B)established by direct but not circumstantial evidence.&#10;C)the body of the crime, that is, the fact of its having been committed.&#10;D)the identity of the criminal.

Accepted Answer

The answer of Corpus delicti is:&#10;A)the body of a homicide...

Deck 1: Defining and Proving Crimes