Deck 7: Criminal Law

Question 1

Parole:

A) Allows the inmate to receive conditional early release from prison, provided that he or she meets the rules established by the court.
B) Allows convicted felons to remain free from incarceration, provided that they abide by a set of rules established by the court.
C) Frees convicts from prison without restriction.
D) Removes a conviction from a person's record.
E) None of the above.

Answer 1

A

Question 2

A degree of knowledge that a person must have in order to be convicted of a particular crime (e.g., knowledge that the property was stolen in order to be convicted of receiving stolen goods) is known as:

A) Signum
B) Sigla.
C) Scienter.
D) Sine die.
E) Sich.

Answer 2

C

Question 3

Which of the following is not a theory of punishment?

A) Different crimes should have different punishments.
B) Mutilation is considered an acceptable mode of punishment in the United States today.
C) Cruel and unusual punishment is prohibited by the Eighth Amendment of the U.S. Bill of Rights.
D) Capital punishment is reserved for certain types of murders.
E) Capital punishment is not considered cruel and unusual punishment by the courts.

Answer 3

B

Question 4

Today, procedural rights of juveniles:

A) Are identical to those of adults in criminal proceedings.
B) Are most heavily influenced by the doctrine of parens patriae.
C) Have been heavily influenced by In re Gault and In re Winship and closely resemble the protections given to adults.
D) All of the above.
E) None of the above.

Question 5

The landmark case setting forth the warnings that must be given to anyone placed under arrest is:

A) Argersinger v. Hamlin.
B) Olmstead v. United States.
C) Mallory v. United States.
D) Miranda v. Arizona.
E) Kelo v. City of New London.

Question 6

Items historically subject to seizure by the government in criminal cases are:

A) Contraband.
B) Fruits of the crime.
C) Instrumentalities of the crime.
D) All of the above.
E) None of the above.

Question 7

Malum in se acts:

A) Are primarily civil in nature.
B) Are wrong in and of themselves.
C) Are wrong only because the law says so.
D) All of the above.
E) None of the above.

Question 8

Which of the following is not a component that the state must prove to secure a conviction against a defendant?

A) Identity of the perpetrator.
B) Location of the crime because that fixes venue.
C) Elements of the crime, including mens rea and actus reus in most situations.
D) Causation.
E) None of the above.

Question 9

A criminal statute must:

A) Not violate prohibition against bills of attainder.
B) Be written in such a way as to give fair and adequate notice of the forbidden conduct.
C) Specify a precise standard of conduct in terms of results that may reasonably be expected.
D) All of the above.
E) None of the above.

Question 10

A person's responsibility for a crime may depend on:

A) Her age.
B) Her mental state.
C) Her degree of involvement.
D) All of the above.
E) None of the above.

Question 11

The protections offered to those accused of crime:

A) Are protected only by the national government.
B) Are the sole responsibility of state governments.
C) Are found in provisions of both the U.S. Constitution and state constitutions.
D) Are found primarily in city charters.
E) None of the above.

Question 12

Which of the following does not describe limitations on the state's power to regulate conduct?

A) U.S. Constitution.
B) Principle of limited government.
C) Enhanced protection of First Amendment rights.
D) State constitutions.
E) None of the above.

Question 13

Which of the following is a major source of criminal law today?

A) Statutes.
B) Constitutions.
C) Common law.
D) Regulations.
E) None of the above.

Question 14

Under the Fourth Amendment, the basic criterion for a police officer in conducting a search or making an arrest is:

A) Reasonable suspicion that the person has engaged in unlawful activity.
B) A hunch because the person looks sleazy.
C) Probable cause based on a set of objective facts that the person has engaged in unlawful activity.
D) Preponderance of the evidence.
E) None of the above.

Question 15

Probation, often known as community supervision, is:

A) An early release from prison under specified terms.
B) Suspension of sentence under certain conditions for a convicted defendant.
C) Invariably granted for serious violent crimes.
D) All of the above.
E) None of the above.

Question 16

In Susannah's trial for the murder of her mother, which of the following must the state prove in order to obtain a conviction?

A) The mens rea of "intentionally and knowingly."
B) Her motive of inheriting her mother's priceless collection of Waterford crystal.
C) The actus reus of taking a human life.
D) A and B.
E) B and C.

Question 17

Once a criminal statute is enacted by the Legislature, it is subject to interpretation by:

A) Individual officer.
B) District Attorney's Office.
C) Trial and appellate courts.
D) All of the above.
E) None of the above.

Question 18

The exclusionary rule:

A) Provides that evidence obtained in violation of a person's constitutional rights by police must be excluded in criminal trials.
B) Is triggered when a person is excluded from participating in a governmental benefit.
C) Is intended to deter improper police conduct in searches, seizures, and interrogations.
D) A and B.
E) A and C.

Question 19

The of a case is determined by the geographical location of a crime.

A) Volf are.
B) Verdict.
C) Venue.
D) Venire
E) Volition.

Question 20

Forms of actus reus include:

A) Positive acts.
B) Omissions.
C) Possession.
D) All the above.
E) None of the above.

Question 21

Which of the following accurately describes the criminal justice system in the United States?

A) Adversarial in nature.
B) Concerned as much with procedural aspects of the process as with the substance.
C) Political reflection of society's values.
D) All of the above.
E) None of the above.

Question 22

Criminal statutes:

A) Must show a compelling need to regulate conduct.
B) Must not be written in a vague manner.
C) Must provide adequate warning of the prohibited behavior.
D) Cannot be retroactive.
E) All of the above.

Question 23

The same act, causing the death of an individual, may result in the defendant being charged with different offenses depending on the:

A) Type of instrumentality used.
B) Public reaction to the crime.
C) Mental state or mens rea of the actor.
D) Motive.
E) All of the above.

Question 24

Discuss the enactment of criminal statutes and the limitations on the power of the government to criminalize behavior.

Question 25

"Criminal law is political." Discuss various reasons why that statement is made.

Question 26

Identify and discuss the various elements that may be necessary to the proof of a crime.

Question 27

The crime of homicide involves both actus reus and mens rea. Discuss the statutory scheme in your state which involves different degrees of mental fault and the effect of that system.

Question 28

Discuss the concept of criminal responsibility. Be specific in describing various aspects of criminal responsibility.

Question 29

There are a variety of legal defenses and justifications available to excuse or ameliorate criminal responsibility. Discuss these, including the distinction between a defense and an affirmative defense.

Question 30

Discuss the juvenile justice system.

Question 31

Discuss the enactment of criminal statutes and the limitations on the power of government to criminalize behavior and the interpretation.

Question 32

Identify and discuss the various elements that may be necessary to the proof of a crime, including the different degrees of mental fault under the Texas statute.