Deck 1: The Foundations of Criminal Law

Question 1

________ specifies what kinds of behavior are illegal, what punishments are available for dealing with offenders, and what defenses can be invoked by individuals who find themselves on the wrong side of the law.

A) Criminal law.
B) Torts.
C) Criminal procedure.
D) Punishments.

Answer 1

Criminal law.

Question 2

________ actions are brought by victims to compensate for their injuries. The compensation is usually financial.

A) Criminal law.
B) Tort-feasor.
C) Tort.
D) Criminal procedure.

Answer 2

Tort.

Question 3

An act that is wrong or evil in itself:

A) Felony.
B) Misdemeanor.
C) Malum prohibitum.
D) Malum in se.

Answer 3

Malum in se.

Question 4

This theory of punishment looks to the past and not the future, and rests solely on the foundations of vindictive justice.

A) Retribution.
B) Deterrence.
C) Restoration.
D) Rehabilitation.

Question 5

________ law developed in England by judges who wrote down their decisions and circulated them to other judges.

A) Procedural.
B) Special.
C) Criminal.
D) Common.

Question 6

Which does NOT have its origins in common law?

A) The Code of Hammurabi.
B) Special law.
C) Common law.
D) Precedent.

Question 7

The appellate stage of the criminal process occurs ________ adjudication.

A) Before.
B) After.
C) Simultaneously to.
D) Preceding.

Question 8

In the criminal law context, the burden of ________ falls on the prosecutor to establish the defendant's guilty.

A) Proof.
B) Persuasion.
C) Production.
D) Procedure.

Question 9

________ evidence is evidence that proves a fact without the need of the jury to infer anything from it.

A) Real.
B) Circumstantial.
C) Direct.
D) Testimonial.

Question 10

________ evidence is evidence that is relevant and goes to substantial matters in dispute, or has legitimate influence or bearing on the decision of the case.

A) Material.
B) Demonstrative.
C) Real.
D) Direct.

Question 11

The process of examining potential jurors for bias is known as:

A) Voir dire.
B) Stare decisis.
C) Malum prohibitum.
D) Malum in se.

Question 12

The American court system is synonymous with:

A) Dual federalism.
B) Cooperative federalism.
C) Dual court system.
D) Constituent units.

Question 13

Which court system oversees alleged traffic court violations?

A) Courts of limited jurisdiction.
B) Courts of general jurisdiction.
C) Superior courts.
D) District courts.

Question 14

In the appeals process, this happens when an appellate court sends a case back to the lower court for further action consistent with its decisions.

A) A reverse.
B) A vacate.
C) A remand.
D) An opinion.

Question 15

Without the criminal law, there would be no crimes, no criminals, and perhaps no means of controlling undesirable behavior.

Question 16

Criminal law treats crimes as offenses against individuals not society.

Question 17

Our system of criminal law is built on community protection but not offender protection.

Question 18

Rehabilitation can be considered a form of punishment.

Question 19

A misdemeanor is a crime punishable by a fine or a period of incarceration up to 12 months.

Question 20

Death is reserved for the most serious misdemeanors.

Question 21

A crime is defined as a felony or misdemeanor based on actual, not possible, punishment.

Question 22

Jury trials are required in all misdemeanor cases.

Question 23

Most published court decisions hail from the appellate courts.

Question 24

An adversarial system of justice and an inquisitional system of justice are indistinguishable from each other.

Question 25

The burden of proof in civil law is higher than the burden of proof in criminal law.

Question 26

A jury can serve as triers of law and fact.

Question 27

Federal criminal trials involve suspected violations of state and federal law.

Question 28

Federalism gives the state's power to make their own laws.

Question 29

Generally, state courts resemble one another.

Question 30

Criminal ________ is the bedrock of the American criminal justice system.

Question 31

The individual charged with committing the crime is the ________.

Question 32

Having a formal system of criminal laws helps ensure that the ________ seeks justice, rather than private individuals.

Question 33

The Modern ________ Code is a set of criminal laws adopted by the American Law Institute for states to emulate as they see fit.

Question 34

The Bill of Rights consists of the first ________ amendments to the U.S. Constitution.

Question 35

An adversarial justice system pits ________ parties against each other in pursuit of the truth.

Question 36

Proof beyond a reasonable doubt is akin to ________ percent certainty that the defendant is guilty.

Question 37

A system of federalism in which the lines between federal and state power are blurred is known as ________ federalism.

Question 38

A minority opinion that is at odds with the majority opinion is known as a(n) ________.

Question 39

Match the goals of criminal law with their definitions.

-Incapacitation

A) The practice of having offenders "face up" to the harm they have caused.
B) The assumption that when would-be offenders see a criminal held accountable, they opt to abide by the law for fear of suffering the same fate.
C) The act of removing an individual from society so he or she can no longer offend.
D) A planned intervention intended to bring about change in an offender.
E) When society expresses its abhorrence of the crime committed.
F) The idea that when an offender is locked up, he or she cannot commit out in society.

Question 40

Match the goals of criminal law with their definitions.

-Specific Deterrence

A) The practice of having offenders "face up" to the harm they have caused.
B) The assumption that when would-be offenders see a criminal held accountable, they opt to abide by the law for fear of suffering the same fate.
C) The act of removing an individual from society so he or she can no longer offend.
D) A planned intervention intended to bring about change in an offender.
E) When society expresses its abhorrence of the crime committed.
F) The idea that when an offender is locked up, he or she cannot commit out in society.

Question 41

Match the goals of criminal law with their definitions.

-General Deterrence

A) The practice of having offenders "face up" to the harm they have caused.
B) The assumption that when would-be offenders see a criminal held accountable, they opt to abide by the law for fear of suffering the same fate.
C) The act of removing an individual from society so he or she can no longer offend.
D) A planned intervention intended to bring about change in an offender.
E) When society expresses its abhorrence of the crime committed.
F) The idea that when an offender is locked up, he or she cannot commit out in society.

Question 42

Match the goals of criminal law with their definitions.

-Rehabilitation

A) The practice of having offenders "face up" to the harm they have caused.
B) The assumption that when would-be offenders see a criminal held accountable, they opt to abide by the law for fear of suffering the same fate.
C) The act of removing an individual from society so he or she can no longer offend.
D) A planned intervention intended to bring about change in an offender.
E) When society expresses its abhorrence of the crime committed.
F) The idea that when an offender is locked up, he or she cannot commit out in society.

Question 43

Match the goals of criminal law with their definitions.

-Restoration

A) The practice of having offenders "face up" to the harm they have caused.
B) The assumption that when would-be offenders see a criminal held accountable, they opt to abide by the law for fear of suffering the same fate.
C) The act of removing an individual from society so he or she can no longer offend.
D) A planned intervention intended to bring about change in an offender.
E) When society expresses its abhorrence of the crime committed.
F) The idea that when an offender is locked up, he or she cannot commit out in society.

Question 44

Match the goals of criminal law with their definitions.

-Denunciation

A) The practice of having offenders "face up" to the harm they have caused.
B) The assumption that when would-be offenders see a criminal held accountable, they opt to abide by the law for fear of suffering the same fate.
C) The act of removing an individual from society so he or she can no longer offend.
D) A planned intervention intended to bring about change in an offender.
E) When society expresses its abhorrence of the crime committed.
F) The idea that when an offender is locked up, he or she cannot commit out in society.

Question 45

Match each type of evidence with its description.

-Real evidence

A) Evidence that is relevant and goes to substantial matters in dispute, or has legitimate influence or bearing on the decision of the case.
B) Most often consists of verbal statements given by someone who is under oath.
C) Evidence that seeks to demonstrate a certain point.
D) Any tangible item that can be perceived with the five senses.

Question 46

Match each type of evidence with its description.

-Testimonial evidence

A) Evidence that is relevant and goes to substantial matters in dispute, or has legitimate influence or bearing on the decision of the case.
B) Most often consists of verbal statements given by someone who is under oath.
C) Evidence that seeks to demonstrate a certain point.
D) Any tangible item that can be perceived with the five senses.

Question 47

Match each type of evidence with its description.

-Demonstrative evidence

A) Evidence that is relevant and goes to substantial matters in dispute, or has legitimate influence or bearing on the decision of the case.
B) Most often consists of verbal statements given by someone who is under oath.
C) Evidence that seeks to demonstrate a certain point.
D) Any tangible item that can be perceived with the five senses.

Question 48

Match each type of evidence with its description.

-Material evidence

A) Evidence that is relevant and goes to substantial matters in dispute, or has legitimate influence or bearing on the decision of the case.
B) Most often consists of verbal statements given by someone who is under oath.
C) Evidence that seeks to demonstrate a certain point.
D) Any tangible item that can be perceived with the five senses.

Question 49

Explain how the law serves to protect offenders.

Question 50

Identify and define the five sources of the criminal law.

Question 51

Identify and define the six forms of evidence used in criminal trials.

Question 52

Identify and explain the hierarchy of the federal court system.

Question 53

Identify and describe the three steps of voir dire process. Consider the upcoming trial consists of a Hispanic defendant. A total of twelve challenges for cause have already been used by the defense when a potential juror illustrates racial prejudice against individuals of Hispanic descent. Can the defense excuse this person from serving on the jury? Why or why not? If so, how?

Question 54

James Garfalo was arrested for selling 10 grams of cocaine to an undercover police officer. At his jury trial in the state trial court, James was convicted and sentenced to two years in prison. James believes his constitutional rights were violated during the trial and wishes to appeal. What court will hear James's appeal? Assume instead that James's trial happened in a federal district court. What federal court would hear his appeal?