Deck 1: An Introduction to Criminal Law

Question 1

The law is important for us because it:

A) tells us right from wrong
B) allows us to ostracize those who misbehave
C) allows for social control
D) defines right and wrong behavior for us

Answer 1

C

Question 2

Civil law is distinguishable from criminal law in all of the following ways except:

A) it is a cause of action between a private party and the state
B) it seeks to compensate through monetary damages
C) its rules of procedure are different
D) its rules of evidence are different

Answer 2

B

Question 3

Throughout history the criminal law has had the same basic goals. Of the following, which is not one of those goals?

A) retribution
B) incapacitation
C) deterrence
D) compensation

Answer 3

D

Question 4

In its landmark decision Furman v. Georgia, the United States Supreme Court recognized _____________________ as an appropriate punishment goal.

A) retribution
B) specific deterrence
C) general deterrence
D) incapacitation

Question 5

A statute that seeks to punish a person's acts in an effort to prevent others from engaging in those or similar acts is a statute of:

A) specific deterrence
B) general deterrence
C) incapacitation
D) retribution

Question 6

The dominant focus of punishment theory during the 1960s and 1970s was:

A) retribution
B) revenge
C) specific deterrence
D) rehabilitation

Question 7

Certain crimes are evil in themselves and categorized as mala in se. Which of the following is not considered mala in se?

A) murder
B) arson
C) forcible rape
D) bank fraud

Question 8

The power of appellate courts to interpret lower court decisions, statutes, and ordinances is known as:

A) appellate review
B) executive review
C) judicial review
D) congressional review

Question 9

The constitutionality of a state's statutes, ordinances, and other acts under its state constitution is determined by:

A) its legislature
B) its appellate courts
C) the United States Supreme Court
D) its highest appellate court

Question 10

In general, the term ________________________ refers to those customs, traditions, judicial decisions, and other materials that guide courts in making decisions but have not been codified in statutes or constitutions.

A) common law
B) judicial review
C) jurisdiction
D) concurrent jurisdiction

Question 11

This course concentrates on the kind of law that defines rights, elements, and responsibilities and is called _____________________.

A) procedural law
B) substantive law
C) constitutional law
D) statutory law

Question 12

There are four sources of law in the United States. Which of the following is not one of them?

A) judicial decisions
B) statutes
C) administrative codes
D) judicial review

Question 13

With specific reference to the crime charged against a defendant, the discretion in this area lies with the:

A) prosecutor
B) judge
C) jury
D) police

Question 14

Most jurisdictions today broadly classify crimes according to the sentences that may be imposed upon violation. The most common classifications are:

A) petty and misdemeanor
B) felony and petty
C) felony and misdemeanor
D) misdemeanor and moral turpitude

Question 15

To avoid a constitutional challenge on the basis of "void for vagueness," a criminal statute must meet three characteristics. Which of the following is not one of the characteristics?

A) must not unreasonably deny people their Eighth Amendment rights
B) must guard against arbitrary and discriminatory enforcement
C) must give fair and adequate notice to those who are subject to it
D) must not unreasonably deny people their First Amendment rights

Question 16

The ____________________ doctrine means that although a state may change its statutes or regulations to benefit a person, it may not do so to impose punishment that did not exist at the time the act was committed or to increase the punishment.

A) relation back
B) habeas corpus
C) double jeopardy
D) ex post facto

Question 17

As it applies to the states, the concept of due process is found in which amendment?

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

Question 18

In Griswold v. Connecticut, the United States Supreme Court recognized that certain implicit rights arise from the Constitution, specifically in this case the right:

A) to be free from self-incrimination
B) to have an attorney present during questioning
C) to have counsel appointed to represent you if you are charged with a felony
D) to privacy

Question 19

Ours is an adversarial system; consequently, the prosecution bears the burden of convincing the fact-finder to a particular standard or burden of proof. In all criminal cases that standard is:

A) clear and convincing proof
B) preponderance of the evidence
C) beyond a reasonable doubt
D) beyond a shadow of a doubt

Question 20

When the fact-finder refuses to find guilt despite the evidence it is called:

A) a mistrial
B) a hung jury
C) jury nullification
D) a harmless error

Question 21

What is based on the assumption that behavior is rational and that criminal behavior can be prevented if people fear the consequences of their actions?

A) Retribution
B) Incapacitation
C) Rehabilitation
D) Deterrence

Question 22

What principle means that no act may be punished as a crime unless it was defined as a crime and punishment was provided by the state (or federal government) prior to the commission of the act?

A) Stare decisis
B) Legality
C) Proportionality
D) Due process

Question 23

The United States has what type of court system?

A) Dual
B) Inquisitorial
C) Communist
D) One

Question 24

The actual decision of a court based on the facts of the case is the:

A) holding
B) stare decisis
C) precedent
D) dicta

Question 25

Appellate opinions frequently make references to prior cases, these cases are known as what type of cases?

A) holding
B) stare decisis
C) precedent
D) dicta

Question 26

What is the advantage to using law as a form of social control as opposed to informal methods of social control?

Question 27

There are approximately five factors that distinguish tort law from criminal law. State the differences, and explain each.

Question 28

There are several justifications for exacting punishment in the criminal law. What factors cause a shift from one justification to another, and what justification do we use today?

Question 29

Explain with an example the concept of concurrent jurisdiction of a crime that violates both a federal and a state statute.

Question 30

Explain what is meant by judicial review and its importance in our jurisprudence.

Question 31

How do we limit jurisdiction of courts geographically? Explain, and give examples.

Question 32

Explain the development and impact of the Model Penal Code.

Question 33

When we refer to the common law, what do we mean, and where and how was it developed?

Question 34

What are the constitutionally mandated limits on criminal statutes in the United States?

Question 35

Discuss and give examples of the constitutional limitations on criminal statutes.

Question 36

Explain the history of crimes of moral turpitude, and give an example of a crime of moral turpitude.

Question 37

What is the burden of proof in a criminal case, and who bears that burden?

Question 38

Discuss the difference between beyond a reasonable doubt, clear and convincing proof, and preponderance of the evidence. Give an example of the usage of each.

Question 39

Explain how stare decisis differs from precedent.

Question 40

Compare and contrast the ideologies (i.e., theories) of punishment: retribution, incapacitation, deterrence, and rehabilitation. Which do you believe is the most utilized within the modem American criminal justice system?

Question 41

How is criminal law different from civil law?

Question 42

List the four sources of criminal law and describe their origins in detail. Which of the four sources is most commonly seen today?

Question 43

Discuss the provisions of the Eighth Amendment and how the criminal justice system applies these concepts to limiting criminal sanctions. How would you define cruel and unusual punishment?