Deck 4: Criminal Justice and the Rule of Law

Question 1

The processes followed by police,prosecutors,and judges as well as the rights possessed by suspects and defendants are defined by ________ criminal law.

A) ​procedural
B) ​substantive
C) ​constitutional
D) ​fundamental

Answer 1

A

Question 2

Which of the following is true about the insanity defense?​

A) ​Many criminals escape punishment using the insanity defense.
B) ​Criminals never use the insanity defense.
C) ​The insanity defense is rarely used by criminals.
D) ​The American criminal system has banned the use of the insanity defense.

Answer 2

C

Question 3

An act can be deemed criminal if it could eventually lead to harm that the law seeks to prevent.This is called

A) ​mens rea.
B) ​an inchoate offense.
C) ​defamation.
D) ​actus reus.

Answer 3

B

Question 4

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

Question 5

Which of the following is a necessary element in the definition of rape?​

A) ​Physical evidence
B) ​Witnesses
C) ​Alcohol use
D) ​Force

Question 6

For an act to be a crime,the intent and the act must exist simultaneously.This is called

A) ​mens rea.
B) ​an inchoate offense.
C) ​concurrence.
D) ​actus reus.

Question 7

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

A) ​Furman v. Georgia (1972)
B) ​Weeks v. United States (1914)
C) ​Barron v. Baltimore (1833)
D) ​Powell v. Alabama (1932)

Question 8

The right to a fair trial is found in the

A) ​Third Amendment.
B) ​Fourth Amendment.
C) ​Fifth Amendment.
D) ​Sixth Amendment.

Question 9

The test used by most states to determine insanity today is called the _____ test.

A) ​nolo contendere
B) ​IQ
C) ​DNA
D) ​right-from-wrong

Question 10

A major exception to the mens rea principle is called​

A) ​strict liability.
B) ​civil forfeiture.
C) ​minimal scrutiny.
D) ​actus reus.

Question 11

If a person has a guilty mind or a blameworthy state of mind,this describes the element of

A) ​mens rea.
B) ​an inchoate offense.
C) ​defamation.
D) ​actus reus.

Question 12

The phrase that distinguishes murder from nonnegligent manslaughter is​

A) ​parens patriae.
B) ​mala prohibita.
C) ​In re Gault.
D) ​malice aforethought.

Question 13

Which amendment protects privacy by barring unreasonable searches by police?

A) ​Third
B) ​Fourth
C) ​Fifth
D) ​Sixth

Question 14

The definitions of crimes and people eligible for punishment are spelled out in ________ criminal law.

A) ​procedural
B) ​substantive
C) ​constitutional
D) ​fundamental

Question 15

The elements of a crime consist of​

A) ​actus reus, inchoate defense, and concurrence.
B) ​mens rea, inchoate defense, and punishment.
C) ​attendant circumstances, mens rea, and actus reus.
D) ​actus reus, causation, and inchoate defense.

Question 16

Laws and rules made by federal,state,and local agencies are called

A) ​case law.
B) ​precedent.
C) ​administrative regulations.
D) ​common law.

Question 17

Entrapment occurs when a​

A) ​police officer commits a crime.
B) ​citizen commits a crime in the presence of a police officer.
C) ​citizen knowingly violates the law.
D) ​police officer entices a citizen to commit a crime that he or she was not predisposed to commit.

Question 18

When people break the law in order to save themselves or prevent a greater harm,they will likely use the defense 0f _______ in court.

A) ​self-defense
B) ​entrapment
C) ​necessity
D) ​duress

Question 19

Which chief justice of the U.S.Supreme Court led a legal revolution that expanded the constitutional rights of criminal defendants?​

A) ​Rehnquist
B) ​Marshall
C) ​Taney
D) ​Warren

Question 20

The idea that insanity may in each case involve a different combination of many factors at the time the crime is committed is called the​

A) ​Durham Rule.
B) ​M'Naghten Rule.
C) ​substantial capacity test.
D) ​irresistible impulse test.

Question 21

Procedural due process requires that the constitutional rights of criminal defendants must be respected.

Question 22

The privilege against self-incrimination is found in the​

A) ​Third Amendment.
B) ​Fourth Amendment.
C) ​Fifth Amendment.
D) ​Sixth Amendment.

Question 23

The right to a trial by jury is guaranteed by the​

A) ​Fourth Amendment.
B) ​Fifth Amendment.
C) ​Sixth Amendment.
D) ​Seventh Amendment.

Question 24

In Robinson v.California (1962),the Supreme Court struck down a law that made it a crime to be addicted to drugs.

Question 25

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).

Question 26

The right against cruel and unusual punishment is found in the​

A) ​Seventh Amendment.
B) ​Eighth Amendment.
C) ​Ninth Amendment.
D) ​Tenth Amendment.

Question 27

In the United States,there is no distinction between criminal and civil law.

Question 28

The underlying source of American law is the common law of England.

Question 29

Entrapment cannot be used as a defense in a criminal trial.

Question 30

Which amendment contains the warrant clause?​

A) ​First Amendment
B) ​Second Amendment
C) ​Third Amendment
D) ​Fourth Amendment

Question 31

Public opinion always supports the decisions of the U.S.Supreme Court.

Question 32

According to the Sixth Amendment,a jury must be​

A) ​of the same race as the defendant.
B) ​sympathetic to the defendant.
C) ​well educated, to understand the proceedings.
D) ​created from a representative pool of the community.

Question 33

All societies and cultures base their criminal law on the same principles.

Question 34

A person could be punished for killing a pigeon if a state legislature passed a law against killing pigeons on the day after the pigeon was killed.

Question 35

For an act to be deemed criminal,the intent and the act can occur at different times.

Question 36

The double jeopardy clause is found in the​

A) ​Third Amendment.
B) ​Fourth Amendment.
C) ​Fifth Amendment.
D) ​Sixth Amendment.

Question 37

The insanity defense is used in most cases in the American criminal justice system.

Question 38

Criminal and civil proceedings may arise from the same crime.

Question 39

Offenders who do not have mens rea and have not committed a strict liability offense should not be found guilty.

Question 40

Which amendment requires that the amount of bail not be excessive?​

A) ​Seventh Amendment
B) ​Eighth Amendment
C) ​Ninth Amendment
D) ​Tenth Amendment

Question 41

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

Question 42

The current position of the U.S.Supreme Court is that the death penalty is cruel and unusual punishment,and therefore unconstitutional.

Question 43

An inchoate offense does not require mens rea to prosecute.

Question 44

Judicial decisions guided by past cases are called ____________________.

Question 45

The key component of the entrapment defense is the defendant's ____________________ to commit a crime.

Question 46

U.S.Supreme Court Justices Sotomayor and Kagan were appointed by George W.Bush​

Question 47

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

Question 48

A person who was forced to commit a crime is under ____________________.

Question 49

Defamation is one of the seven principles of substantive criminal law.

Question 50

____________________ law defines an offense against society.

Question 51

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

Question 52

The common law system originated in ____________________.

Question 53

For much of U.S.history,criminal defendants were not guaranteed the right to an attorney in all states.

Question 54

The act of committing a crime is referred to as ____________________.

Question 55

____________________ law defines relationships between individuals in society.

Question 56

According to the Fifth Amendment's double jeopardy clause,a defendant may be tried for the same offense in the same jurisdiction on the same date twice.

Question 57

According to the courts,accidents occur when there is no mens rea.

Question 58

States can provide more protection of individual rights than does the U.S.Constitution.

Question 59

Criminal law is divided into ____________________ and ____________________ law.

Question 60

____________________ refers to a guilty state of mind.

Question 61

_________ is the confiscation of property by the state because it was used in or acquired through a crime.

A) ​Constitution
B) ​Civil forfeiture
C) ​A felony
D) ​Misdemeanor

Question 62

Discuss the legal arguments as to whether the death penalty violates the Eighth Amendment right against cruel and unusual punishment.

Question 63

Discuss how presidential appointments can have an impact of the appointment of U.S.Supreme Court Justices.

Question 64

The constitutional amendments that deal with criminal defendants' rights are the Fourth,_________________,____________________,and ____________________.

Question 65

Criminal procedures must meet a basic standard of ______________________________,according to the U.S.Supreme Court.

Question 66

Explain why intoxication can be used as a criminal defense,and provide an example of a case in which intoxication might relieve an offender of responsibility.

Question 67

Three factors-the act (actus reus),the attendant circumstances,and the state of mind (mens rea)-are together called the ______ of a crime.

A) ​inchoate offense
B) ​concurrence
C) ​legality
D) ​elements

Question 68

The first 10 amendments added to the Constitution in 1791 are called the ____________________.

Question 69

The Anglo-American system of uncodified law,in which judges follow precedents set by earlier decisions when they decide new but similar cases,is ______ law.

A) ​written
B) ​statute
C) ​common
D) ​case

Question 70

The ____________________ was used as a defense if someone committed a criminal act as a result of mental illness.

Question 71

For a crime to have been committed,there must be a causal relationship between an act and the harm suffered,which is known as​

A) ​legality.
B) ​actus reus.
C) ​causation.
D) ​harm.

Question 72

Explain the difference between criminal law and civil law.

Question 73

The U.S.Supreme Court chief justice is currently John Roberts.

Question 74

A grand jury is a body of citizens that determines whether the prosecutor possesses sufficient evidence to justify the prosecution of a suspect for a serious crime.

Question 75

The chief justice of the U.S.Supreme Court who brought about a due process revolution was ____________________.

Question 76

________ are the basic laws of a country or state defining the structure of government and the relationship of citizenships to that government.

A) ​Constitutions
B) ​Administrative regulations
C) ​Statutes
D) ​Forfeiture

Question 77

Indigent defendants are those who pay for their own attorney.

Question 78

The courts have generally upheld the view that ignorance of the law is not an excuse for committing an illegal act,but if an accused person has made a(n)_________,that may serve as a defense.

A) ​mistake of fact
B) ​mistake of intoxication
C) ​exception of infancy
D) ​mistake of duress

Question 79

Laws passed by legislatures and statutory definitions of criminal offenses are found in penal codes and​

A) ​written law.
B) ​statutes.
C) ​common law.
D) ​case law.

Question 80

Your textbook discusses the difference between "not guilty by reason of insanity" and "guilty but mentally ill." Which do you think is the best way to deal with mentally ill offenders? How does mens rea affect the difference between these two verdicts?​