Deck 3: Criminal Justice and the Rule of Law

Question 1

Offensive and harmful behaviors are almost always illegal.

Answer 1

False

Question 2

Under some circumstances, mistake of fact may be used as a defense, even though ignorance of the law is not a valid excuse.

Answer 2

True

Question 3

Ignorance of the law can be used as a defense in a criminal trial.

Answer 3

False

Question 4

The Bill of Rights has always protected individuals' rights at the state level.

Question 5

The accountability of an individual for a crime because of the perpetrator's characteristics and the circumstances of the illegal act is called substantive law.

Question 6

Civil law governs business deals, contracts, and real estate.

Question 7

Felonies are punishable by more than one year in prison.

Question 8

Civil infractions and petty offenses refer to the same type of law.

Question 9

The Amendments to the Constitution have been passed down to the states through the process of information.

Question 10

The British court developed a standard for determining criminal responsibility known as the "right-from-wrong " test or the M'Naghten rule.

Question 11

To be a crime, an act must cause harm to some legally protected value.

Question 12

The due process and equal protection clauses are found in the Fourteenth Amendment.

Question 13

Self-defense and duress are both justification defenses.

Question 14

Offenses less serious than felonies and usually punishable by incarceration of no more than one year in jail  are called misdemeanors.

Question 15

Petty offenses are typically  punishable with a small fine.

Question 16

Entrapment cannot be used as a defense in a criminal trial to show lack of intent.

Question 17

Actus rea refers to the causal relationship between the act and the harm suffered.

Question 18

According to the Fifth Amendment's double jeopardy clause, a defendant may be subject to a maximum of two prosecutions for a single offense within the same jurisdiction.

Question 19

For an act to be considered a crime, the intent and the act must be present at the same time.

Question 20

In the United States, criminal laws dictate punishments for those who violate the terms of a contract with another individual.

Question 21

Procedural due process requires that accused persons must be tried in accordance with legal procedures.

Question 22

The Bill of Rights has been completely incorporated and applied to the states.

Question 23

Self-incrimination occurs when an offender provides information about his or her guilt in a criminal offense.

Question 24

Even though the Constitution guarantees the right to a public trial, courts may place limits on how many members of the public may view each trial.

Question 25

In jury trials, the composition of the jury must match the characteristics of the offender with regard to race, age, and socioeconomic status.

Question 26

If victims wish to recoup their losses following a crime, they must rely on:

A) substantive criminal law.
B) procedural criminal law.
C) real estate law.
D) civil law.
E) cooperative law.

Question 27

There is consistency in the definitions of crimes between federal and state penal codes.

Question 28

Changes to the Supreme Court occurs when Congress replaces retiring justices with appointees who interpret constitutional rights in different ways than did prior justices.

Question 29

Minor offenses that are typically punishable by small fines and that produce no criminal record for the offender are called:

A) felonies.
B) misdemeanors.
C) civil infractions.
D) criminal elements.
E) civil elements.

Question 30

The Supreme Court sees itself as the champion of the rights of the criminal defendant.

Question 31

Crimes that are usually punished by a sentence of less than a year in jail, probation, and or/fines are called:

A) felonies.
B) misdemeanors.
C) civil infractions.
D) criminal elements.
E) victimless crime.

Question 32

The definitions of crimes and people eligible for punishment are spelled out in:

A) procedural criminal law.
B) substantive criminal law.
C) constitutional criminal law.
D) fundamental criminal law.
E) administrative criminal law.

Question 33

The duress defense is used when people  break the law in order to save themselves or prevent some greater harm.

Question 34

Double jeopardy does not apply when offenders commit offenses that can be considered violations of both state and federal law.

Question 35

The accountability of an individual for a crime because of their characteristics and the circumstances of the illegal act is called:

A) legal responsibility.
B) civil law.
C) cooperative law.
D) procedural responsibility.
E) real estate law.

Question 36

It is unconstitutional to use a police dog to search for illegal drugs.

Question 37

Crime s usuall y considere d an d punishe d b y mor e tha n a yea r i n stat e or federa l prison are called:

A) felonies.
B) misdemeanors.
C) civil infractions.
D) criminal elements.
E) infractions.

Question 38

Changes in the Supreme Court's composition may affect decisions concerning specific legal issues.

Question 39

Actus rea means that for a crime to occur there must be an act of either commission or omission by the accused.

Question 40

Under the Fifth Amendment, states are required to use grand juries in the criminal justice process.

Question 41

____________ is the notion that a person cannot be forced to respond to questions in which the answers may reveal that they may have committed a crime.

A) double jeopardy.
B) self-incrimination.
C) fundamental fairness.
D) incorporation.
E) jurisprudence.

Question 42

How is procedural criminal law defined?

A) By prosecutors, through the filing of charges
B) By courts, through judicial rulings
C) By citizens, through ballot proposals
D) By lobbyists, through political polling
E) By police officers, through discretion

Question 43

Which of the following is not a test of criminal responsibility used for the insanity defense?

A) Model Penal Code
B) Malice aforethought
C) Durham Rule
D) Irresistible Impulse test
E) M'Naughten Rule

Question 44

The notion of ___________ suggests that  an individual can only be subjected to one prosecution or punishment for a single offense in the same jurisdiction.

A) double jeopardy
B) self-incrimination
C) fundamental fairness
D) incorporation
E) jurisprudence

Question 45

Which type of defense focuses an individual's action being socially acceptable under the circumstances despite causing a harm that violates criminal law?

A) Excuse defense
B) Justification defense
C) Procedural defense
D) Civil defense
E) Necessity defense

Question 46

Which is true about the insanity defense?

A) A large number of criminals escape punishment using the insanity defense.
B) Every state in the United States has an option for defendants to claim insanity.
C) The insanity defense is rarely used by defendants.
D) The American criminal system has banned the use of the insanity defense.
E) Defendants who claim insanity must be incarcerated in prisons rather than mental hospitals.

Question 47

Procedures criminal justice professionals must follow in enforcement, adjudication, and corrections are __________ law

A) procedural criminal
B) substantive criminal
C) constitutional criminal
D) civil
E) tort

Question 48

The idea that an accused cannot be criminally responsible if the crime was the result of mental disease or mental defect is known as the:

A) Durham rule.
B) M'Naghten rule.
C) substantial capacity test.
D) irresistible impulse test.
E) model penal code.

Question 49

The Sixth Amendment to the U.S. Constitution guarantees that defendants have the right to a public and speedy trial, as well as to:

A) protection from unreasonable search and seizure.
B) freedom of speech.
C) reasonable bail.
D) assistance of counsel.
E) the right to bear arms.

Question 50

Entrapment occurs when:

A) the accused claims is mentally ill .
B) the accused acts in self-defense.
C) the accused must commit the act to survive.
D) the accused is lured into crime by the police.
E) the accused is intoxicated.

Question 51

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizure is found in the:

A) First Amendment.
B) Second Amendment.
C) Third Amendment.
D) Fourth Amendment.
E) Fifth Amendment.

Question 52

The elements of a crime consist of:

A) actus reus, inchoate offense, and concurrence.
B) mens rea, actus rea, and punishment.
C) attendant circumstances, mens rea, and actus reus.
D) actus reus, causation, and inchoate offense.
E) mens rea, inchoate offense, and legality.

Question 53

Coercion to commit a crime from another party would be considered what type of defense?

A) Entrapment
B) Self-defense
C) Mistake of fact
D) Duress
E) Necessity

Question 54

In 2005, some survivors of Hurricane Katrina illegally entered closed grocery stores to take food. These survivors may argue they are not guilty using the defense of:

A) entrapment.
B) self-defense.
C) mistake of fact.
D) immaturity.
E) necessity.

Question 55

What distinguishes the defense of self-defense from the defense of necessity?

A) Necessity occurs when an individual must harm an aggressor to ward off an attack. For self-defense, this is not the case.
B) Necessity occurs when an offender has an incompetent attorney. For self-defense, this is not the case.
C) Necessity occurs when an offender is tricked into committing a crime. For self-defense, this is not the case.
D) Necessity occurs when offenders must break the law in order to save themselves or prevent some greater harm. For self-defense, this is not the case.
E) Necessity and self-defense are the same thing.

Question 56

The first 10 amendments to the U.S. Constitution are also known as:

A) the Bill of Rights.
B) the preamble.
C) the procedural compendium.
D) the declaration of independence.
E) inalienable rights.

Question 57

Lack of intent can be demonstrated by proving the occurrence of which of the following?

A) Actus reus
B) Mens rea
C) Entrapment
D) Insanity
E) Duress

Question 58

Which of the following indicates that for a crime to occur there must be an act of commission or omission by the accused?

A) Mens rea
B) Inchoate offense
C) Defamation
D) Actus reus
E) Concurrence

Question 59

A guilty or blameworthy state of mind describes the element of:

A) mens rea.
B) inchoate offense.
C) defamation.
D) actus reus.
E) causation.

Question 60

The main purpose of the Comprehensive Crime Control Act of 1984 was:

A) to strengthen laws regarding violence against women.
B) to allow police departments to hire more officers.
C) to limit the insanity defense to those with severe mental disease or defect.
D) to punish federal offenders who cross state lines.
E) to allow a maximum incarceration length of 50 years for homicide.

Question 61

In a criminal prosecution, the accused shall enjoy the right to a speedy and public trial, an impartial jury, and to confront witnesses.  This is protected by the ________ Amendment.

A) First
B) Fourth
C) Fifth
D) Sixth
E) Eighth

Question 62

The unlawful entry of a structure to commit a felony or a theft is the definition of:

A) assault.
B) burglary.
C) robbery.
D) theft.
E) larceny.

Question 63

The causal relationship between an act and the harm suffered is referred to as:

A) actus rea.
B) causation.
C) harm.
D) legality.
E) concurrence.

Question 64

Which of the following defenses is not an excuse defense?

A) Insanity
B) Entrapment
C) Necessity
D) Infancy
E) Mistake of fact

Question 65

The right to counsel in felony cases was applied to the states in the landmark case of:

A) Mapp v. Ohio (1961).
B) Weeks v. United States (1914).
C) Barron v. Baltimore (1833).
D) Gideon v. Wainwright (1963).
E) Furman v. Georgia (1972).

Question 66

Accidents are the clearest examples of which legal principle? ​

A) Actus rea
B) Presumptive guilt
C) Mens rea
D) Presumptive innocence
E) Limited liability crimes

Question 67

The Fourteenth Amendment:

A) protects citizens from unreasonable search and seizure
B) protects citizens from unreasonable use of force by police
C) spreads power between the executive and legislative branches
D) requires states to observe federal due process standards
E) provides counsel for indigent defendants

Question 68

The case deciding that the protections of the Bill of Rights apply only to actions of the federal government was:

A) Powell v. Alabama (1932).
B) Haley v. Munro (1941).
C) Marbury v. Madison (1803).
D) Barron v. Baltimore (1833).
E) Gideon v. Wainwright  (1963).

Question 69

Which of the following statements regarding searches, seizures, and stops is true?

A) Searches, seizures, and stops are the same thing.
B) Officers must have proper justification for a search, but not a seizure or stop.
C) Seizures involve taking someone or something into custody, but stops do not.
D) Search and seizure protections apply to offenders, but not law-abiding citizens.
E) Police officers do not have to be knowledgeable about search and seizure laws , but must be cognizant of Constitutional restrictions placed on stops .

Question 70

Which of the following landmark U.S. Supreme Court cases required courts to provide attorneys for poor defendants facing the death penalty?

A) Robinson v. California (1962)
B) The Queen v. Dudley and Stephens (1884)
C) Barron v. Baltimore (1833)
D) Gideon v. Wainwright (1963)
E) Powell v. Alabama (1932)

Question 71

Concurrence refers to:

A) the causal relationship between an act and the harm suffered.
B) the intent and the act both being present at the same time.
C) the harm caused to some legally protected value.
D) an act of either commission or omission by the accused.
E) the law that defines the specific action as a crime.

Question 72

Grand juries are used to determine whether:

A) an offender should be prosecuted.
B) an offender is guilty or innocent.
C) an offender should be arrested.
D) an offender should be incarcerated.
E) a judge's decision should be recalled.

Question 73

Bail is employed to:

A) pay fines after being convicted
B) assure an offender appears for trial
C) cover legal costs
D) compensate the system for the cost of incarceration
E) allow the wealthy an escape from jail

Question 74

The extension of the due process clause of the Fourteenth Amendment to make binding on state governments the rights guaranteed in the Bill of Rights is called:

A) fundamental fairness.
B) the incorporation doctrine.
C) actus reus.
D) doctrine of fairness.
E) evil intent.

Question 75

The _______ defense is used when people  break the law in order to save themselves or prevent some greater harm.

A) duress
B) self-defense
C) necessity
D) infancy
E) mistake of fact

Question 76

This U.S. Supreme Court case originally ruled that the protections of the Bill of Rights apply only to the actions of the federal government.

A) Robinson v. California (1962)
B) The Queen v. Dudley and Stephens (1884)
C) Barron v. Baltimore (1833)
D) Gideon v. Wainwright (1963)
E) Mapp v. Ohio (1961)

Question 77

The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force of violence and/or by putting the victim in fear is the definition of:

A) assault.
B) burglary.
C) robbery.
D) theft.
E) larceny.

Question 78

What is the legal doctrine supporting the idea that so long as a state's conduct maintains basic standards of fairness, the Constitution has not been violated?

A) Fundamental fairness
B) The incorporation doctrine
C) Doctrine of fairness
D) Original intent
E) Evil intent

Question 79

The cruel and unusual test proposed by Justice Warren maintained that punishments may be declared unconstitutional if the punishment:

A) is disproportionate to the offense.
B) is comparable to a form of torture.
C) offends the values of contemporary society.
D) inflicts physical or psychological  pain.
E) all of the above.

Question 80

The case deciding that an attorney must be provided to a poor defendant facing the death penalty was:

A) Powell v. Alabama (1932).
B) Haley v. Munro (1941).
C) Marbury v. Madison (1803).
D) Barron v. Baltimore (1833).
E) Gideon v. Wainwright (1963).