Deck 3: Criminal Law: Substance and Procedure

Question 1

The roots of criminal law in the United States can be directly traced to the Bible.

Answer 1

False

Question 2

Due process of law can be applied objectively and the rights awarded by due process have always been protected by the courts.

Answer 2

False

Question 3

Entrapment is addressed in the Bill of Rights and is considered a constitutional right.

Answer 3

False

Question 4

A defense of necessity can be successful if the defendant can prove any reasonable person could not have behaved in any other way.

Question 5

An ex post facto law would inflict a greater punishment than was available when the crime was first committed.

Question 6

Stalking laws are an example of new laws being created in response to emerging social issues.

Question 7

It is a violation of due process if a defendant is not given the opportunity to respond to charges brought against them.

Question 8

The Fourth Amendment limits the admissibility of confessions that have been obtained unfairly.

Question 9

The exclusionary rule states that evidence seized in violation of the Eighth Amendment cannot be used in a court of law.

Question 10

Without due process of the law, civil rights and constitutional protections would be essentially meaningless.

Question 11

The element of criminal law most relevant to civil court is torts, or the law of personal injuries.

Question 12

The USA PATRIOT Act gives the attorney general and secretary of state the authority to designate domestic groups as terrorist organizations and deport any noncitizen who is a member of one of those groups.

Question 13

The principle of stare decisis rests on the concept of proportionality, the idea of "an eye for an eye."

Question 14

Although most common-law crimes require intent, mens rea is not essential for strict liability crimes.

Question 15

Substantive criminal law aims to enforce social control, express public opinion and morality, and punish wrongdoing as three of its goals.

Question 16

An immediate relationship must always exist between the act and the actor's intent for a crime to occur.

Question 17

If a bank employee took money from a bank because they believed failure to do so would result in harm to their kidnapped children, they could claim they were acting under duress.

Question 18

Intoxication is only a viable defense if becoming intoxicated was involuntary on the part of the defendant.

Question 19

Self-defense as a justification defense requires that the defendant was in imminent danger.

Question 20

Every state now has a "stand-your-ground" law, which allows people to use force, even in public places.

Question 21

What is the most common definition of a felony?

A) A serious crime punishable by imprisonment in a state prison
B) Any crime punishable by imprisonment in a county jail
C) A crime punishable by grand jury indictment
D) Any crime for which one can be imprisoned for more than three years in prison

Question 22

Which of the following crimes would fall under the definition of a strict liability crime?

A) Chasing someone into a street where they are struck by a car
B) A burglary of a government building
C) Neglecting to seek healthcare for a sick child
D) A bartender serving an underage patron

Question 23

For a person to be considered to have committed a crime, some act is required to prove the actor's willingness to commit harm.

Question 24

The insanity defense does not mean that everyone who suffers from a form of mental illness can be excused from legal responsibility.

Question 25

Substantive due process refers to a citizen's right to be protected from criminal laws that may be biased, discriminatory, and otherwise unfair.

Question 26

The individual's state of mind or intent to commit a crime is formally referred to as:

A) stare decisis.
B) mala in se.
C) mens rea.
D) actus reus.

Question 27

What other legal options might the victim of a crime have, even if the perpetrator is found not guilty of the crime they allegedly committed?

A) Find violations of public law that give them redress.
B) Appeal to have the case retried.
C) File a tort with the state over the result of the trial.
D) Seek civil damages from the perpetrator.

Question 28

Which branch of law defines crimes and their punishment?

A) Martial law
B) Substantive criminal law
C) Civil law
D) Public law

Question 29

Certain statutory offenses exist where mens rea is not essential. These offenses fall within a category known as:

A) torts.
B) strict liability crimes.
C) mala in se crimes.
D) stare decisis.

Question 30

Regardless of their source, all criminal laws in the United States must conform to the rules and dictates of the:

A) US Attorney's Office.
B) US Court of Appeals.
C) US Senate.
D) US Constitution.

Question 31

The Eighth Amendment does not guarantee a constitutional right to bail.

Question 32

Which of the following is false regarding the comparison of felonies and misdemeanors?

A) A felony is an offense generally punishable by at least a year in a penitentiary, whereas a misdemeanor might be punishable by a fine.
B) A person convicted of a felony may be barred from certain fields of employment or some professions, whereas a person convicted of a misdemeanor is not.
C) An arrest for a felony or misdemeanor may be made regardless of whether the crime was committed in the officer's presence, as long as the officer had reasonable grounds to believe that the person committed the crime.
D) Distinguishing between a felony and a misdemeanor is sometimes difficult.

Question 33

The defense of mistake of fact ultimately rests on proving a(n):

A) presumption of guilt.
B) lack of intent.
C) existence of extenuating circumstances.
D) ignorance of the law.

Question 34

US civil law is primarily concerned with:

A) compensating the injured party for harm.
B) protecting the public against harm.
C) controlling social values and mores.
D) contracting legal obligations between aggrieved individuals.

Question 35

The term stare decisis refers to:

A) an eye for an eye.
B) an act that is inherently evil.
C) a statute created by a legislative body.
D) standing by decided cases.

Question 36

Which of the following is not a source of criminal law?

A) Common law
B) Biblical decree
C) Statutes
D) Case decisions

Question 37

Which of the following is not one of the four broad categories into which law today can be divided?

A) Administrative law
B) Substantive criminal law
C) Civil law
D) Procedural civil law

Question 38

Sue has committed a robbery with deadly weapon. According to common law, this would be considered a __________ crime.

A) mala in se
B) nolle prosequi
C) mala prohibitum
D) civil

Question 39

Individuals who claim insanity as a criminal defense may not have the ability to form ___________.

A) mala in se
B) mens rea
C) actus reus
D) stare decisis

Question 40

The term actus reus refers to the:

A) measurement of mental ability.
B) exclusion of omission.
C) guilty person.
D) guilty act.

Question 41

Which of the following is not a justification defense?

A) Self-defense
B) Consent
C) Duress
D) Necessity

Question 42

Which standard of the insanity defense excuses a person who was so ill at the time of the crime that they could not use reason to tell right from wrong?

A) Durham rule
B) Products test
C) M'Naghten rule
D) Irresistible impulse test

Question 43

The ______ Amendment guarantees the defendant the right to a speedy and public trial by an impartial jury.

A) Second
B) Fourth
C) Sixth
D) Eighth

Question 44

Which of the following is not one of the controversial provisions of the PATRIOT ACT that President Obama extended?

A) The lone wolf provision
B) The business records provision
C) The roving wiretaps provision
D) The monitoring communication provision

Question 45

Crime is generally grouped into three basic categories. They are:

A) felonies, misdemeanors, and violations.
B) malum prohibitum crimes, felonies, and violations.
C) violations, ordinances, and felonies.
D) misdemeanors, violations, and ordinances.

Question 46

Whether the defense of intoxication is effective depends on:

A) the type of intoxicant used.
B) whether the defendant used drugs or alcohol voluntarily.
C) whether the consumption of intoxicant began prior to the crime.
D) whether the defendant has prior convictions.

Question 47

The _______ Amendment limits the admissibility of confessions that have been obtained unfairly.

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

Question 48

The exclusionary rule is used as part of which protection afforded to the accused by the US Constitution?

A) First Amendment
B) Second Amendment
C) Fourth Amendment
D) Eighth Amendment

Question 49

What element must be present in order for the excuse of necessity to be valid?

A) The victim consented.
B) No means of escape were available.
C) Any reasonable person could not have behaved in any other way.
D) The offense was based on a presumptive conclusion of mens rea .

Question 50

Which constitutional amendment bars illegal searches and seizures by police?

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

Question 51

The protections offered by the Bill of Rights are applied to the states by the:

A) Fifth Amendment.
B) Sixth Amendment.
C) Eighth Amendment.
D) Fourteenth Amendment.

Question 52

Intoxication and age are examples of:

A) legal defenses used to negate the required proof of mens rea.
B) legal defenses that negate the required proof of actus reus.
C) defenses based on double jeopardy.
D) legal defenses based on a presumption of conclusive incapacitation.

Question 53

Excessive bail is prohibited by the:

A) Fourth Amendment.
B) Fifth Amendment.
C) Sixth Amendment.
D) Eighth Amendment.

Question 54

Which of the following laws would be interpreted as violating constitutional principles that prevent making a person's status a crime?

A) A law that forbids adults from "late night violations"
B) A law that rules anyone guilty of treason will immediately have their property seized
C) A law that makes marijuana possession a federal offense and adds time to previous offenders' jail sentences
D) A law that makes it illegal for someone to be an alcoholic

Question 55

Which of the following is not considered entrapment?

A) Police implant a criminal idea.
B) Police instigate a crime.
C) Officers pose as drug dealers in known drug areas.
D) Police coerce an individual to commit an offense.

Question 56

Which of the following is false regarding stand-your-ground laws?

A) All states have stand-your-ground laws.
B) Florida's stand-your-ground law allows the average citizen to use deadly force if their homes have been illegally invaded.
C) The stand-your-ground laws in some states extend to public places.
D) The stand-your-ground law in Florida permits deadly force to prevent the commission of a carjacking.

Question 57

Under common law, there is generally a conclusive presumption of incapacity for a child under the age of:

A) 7.
B) 11.
C) 14.
D) 16.

Question 58

A bank employee is forced to divert funds into a special account on the threat that failure to cooperate will result in the execution of his or her family. Which defense would be most applicable to this situation?

A) Duress
B) Entrapment
C) Necessity
D) Consent

Question 59

Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later, Stanley actually kills the girl he spoke about during his sessions with the psychiatrist. In addition to the psychiatrist being tried for the girl's murder, the parents of the deceased sue her for damages because she didn't warn the police of the potential threat. In what categories of law is this case found?

A) Substantive criminal law and procedural law
B) Procedural law and civil law
C) Substantive criminal law and civil law
D) Procedural law and public law

Question 60

Which of the following is false regarding a defense of self-defense?

A) The defendant must have acted under a reasonable belief that he or she was in danger of any type of harm.
B) The defendant can only justify force as is reasonably necessary to prevent personal harm.
C) The defendant must have believed that he or she had no means of escape from the assailant.
D) The person defending himself or herself may only use such force as is reasonably necessary to prevent personal harm.

Question 61

Many states and the District of Columbia have legalized medical marijuana, and other states have legalized its recreational use. In some states, police are directed to patrol the areas near medical marijuana dispensaries more frequently because marijuana is still illegal to use recreationally and it's usually still illegal to sell. The new governor of California is facing a budget crisis and must reduce spending in law enforcement. The governor has targeted medical marijuana users because the police spend more time patrolling in areas where dispensaries are located. Which of the following policies should he enact to be most successful in his quest to reduce spending?

A) Start to punish medical marijuana users.
B) Make violations of medical marijuana laws a felony offense.
C) Make other violations of law usually punishable by fine now punishable by arrest.
D) Direct police to warn and release whenever possible.

Question 62

The primary concern of ___________ is to govern almost all phases of human enterprise.

Question 63

Helping people take their own lives is a practice referred to as ________.

Question 64

Homicide, robbery, and rape are examples of crimes categorized as ________.

Question 65

Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later, Stanley actually kills the girl he spoke about during his sessions with the psychiatrist. In addition to the psychiatrist being tried for the girl's murder, the parents of the deceased sue her for damages because she didn't warn the police of the potential threat. The lawsuit filed by the deceased girl's parents is called:

A) stare decisis.
B) a tort.
C) lex talionis.
D) malum prohibitum.

Question 66

The ____________________ Amendment has been used in the past to argue that the death penalty is cruel and unusual punishment.

Question 67

Bob is leaving the medical marijuana dispensary with his six ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of six ounces of marijuana. When Bob realizes his mistake, he goes back to the dispensary and finds Sue getting high on the corner. He calls the police, claiming Sue stole his marijuana, and Sue is taken into custody. Sue is later released without charges. What is the most likely reason for this?

A) Sue had a prescription and did not have mens rea .
B) Sue had actus reus but did not have a prescription.
C) Sue had a contractual relationship to the police.
D) Sue had a medical marijuana prescription.

Question 68

Bob is leaving the medical marijuana dispensary with his six ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of six ounces of marijuana. When Bob realizes his mistake, he goes back to the dispensary and finds Sue getting high on the corner. He calls the police, claiming Sue stole his marijuana, and Sue is taken into custody. Sue is later released without charges.
After Sue's release from jail, Bob gets high on the street and follows her back to her house where a physical fight ensues. Sue dies from her injuries. Bob claims he had no such intent and is surprised and disgusted by his actions. The marijuana he bought was laced with phencyclidine (PCP), unbeknownst to him. What would be his best defense in court?

A) Duress
B) Intoxication
C) Insanity
D) Self-defense

Question 69

The ____________________ Amendment was the basis for the Miranda decision.

Question 70

_____________ laws require the registration of people convicted of sex-related crimes.

Question 71

After the Norman Conquest of England in 1066, royal judges would decide what to do in each case using local custom and rules of conduct as a guide in a system known as ____________________.

Question 72

The Durham rule is associated with the ____________________ defense.

Question 73

_____ law became the standardized law of the land in England and eventually formed the basis of criminal law in the United States.

Question 74

In some states, if a lifeguard fails to act when they see a swimmer in distress, they can be charged with a crime. This is because the lifeguard has a _____________ to aid swimmers.

Question 75

The Constitution forbids ______________, which are legislative acts that inflict punishment without a judicial trial.

Question 76

Bob is leaving the medical marijuana dispensary with his six ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of six ounces of marijuana. When Bob realizes his mistake, he goes back to the dispensary and finds Sue getting high on the corner. He calls the police, claiming Sue stole his marijuana, and Sue is taken into custody. Sue is later released without charges. After Sue's release from jail, Bob gets high on the street and follows her back to her house where a physical fight ensues. Sue dies from her injuries. Bob claims he had no such intent and is surprised and disgusted by his actions. The marijuana he bought was laced with phencyclidine (PCP), unbeknownst to him. Bob is sentenced to prison. While in prison, Bob became addicted to methamphetamine. Upon his release, Bob is visited by a police officer who is warning neighborhood residents of a spike in crime. When Bob opens the door, the officer pushes by Bob and into his house where he finds Bob's meth lab. Which amendment addresses how Bob's rights have been violated?

A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Eighth Amendment

Question 77

Bob is leaving the medical marijuana dispensary with his six ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of six ounces of marijuana. When Bob realizes his mistake, he goes back to the dispensary and finds Sue getting high on the corner. He calls the police, claiming Sue stole his marijuana, and Sue is taken into custody. Sue is later released without charges. After Sue's release from jail, Bob gets high on the street and follows her back to her house where a physical fight ensues. Sue dies from her injuries. Bob claims he had no such intent and is surprised and disgusted by his actions. The marijuana he bought was laced with phencyclidine (PCP), unbeknownst to him.
At Bob's trial, one of the members of the jury is a woman who used to date Bob's roommate. Truth be told, she didn't like Bob very much because he used to search through her personal belongings when she wasn't around. Which of Bob's rights have been violated?

A) Right against incrimination
B) Right to an impartial jury
C) Right to a speedy trial
D) Right against unreasonable searches

Question 78

Randy has been arrested for selling marijuana in Washington state. He was high on drugs at the time of arrest and doesn't quite understand why he is in trouble. The police are demanding to know Randy's supplier and won't let him eat or drink until he confesses. What amendment from the Bill of Rights protects Randy from this interrogation?

A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Eighth Amendment

Question 79

Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later, Stanley actually kills the girl he spoke about during his sessions with the psychiatrist. In addition to the psychiatrist being tried for the girl's murder, the parents of the deceased sue her for damages because she didn't warn the police of the potential threat. In applying the rule of lex talionis , how would the parents obtain closure for their daughter's murder?

A) They would receive a sum of money for their loss.
B) The psychiatrist would lose her license and her practice.
C) Stanley would be sent to prison for a life sentence.
D) Stanley would receive the death penalty for his actions.

Question 80

A law that inflicts a greater punishment than was available when the crime was committed is termed a(n) ____________________ law.