Deck 3: Criminal Law and the Criminal Justice Process

Question 1

The term __________ refers to the fundamental principles of a society that guide the enactment of specific laws and the application of those laws by courts.

A)constitutions
B)statutes
C)ordinances
D)precendents

Answer 1

A

Question 2

A(n)__________ is a formal accusation of a crime based on the vote of a grand jury.

A)arraignment
B)information
C)indictment
D)acquittal

Answer 2

C

Question 3

A(n)__________ is a written notice to appear in court.

A)warrant
B)arrest
C)booking
D)summons

Answer 3

D

Question 4

The term __________ refers to the formal rules designed to maintain social control.

A)civil law
B)criminal law
C)case law
D)common law

Question 5

The term __________ refer to previous court decisions that are followed in current cases to ensure consistency in the application of the law.

A)constitutions
B)statutes
C)ordinances
D)precendents

Question 6

Specific laws passed by legislatures that prohibit or mandate certain acts are called __________.

A)constitutions
B)statutes
C)ordinances
D)precendents

Question 7

The term ___________ refers to conscious purposiveness in conduct;a factor in the determination of criminal responsibility.

A)intention
B)duress
C)necessity
D)entrapment

Question 8

A(n)__________ is a sworn statement by police that attests to the existence of probable cause in a given case;it is signed by a judge who agrees with the officers' assessment of the facts.

A)warrant
B)arrest
C)booking
D)summons

Question 9

A defense designed to prevent the government from manufacturing crime by setting traps for unwary citizens.

A)intention
B)duress
C)necessity
D)entrapment

Question 10

A(n)__________ is a finding after trial of not guilty

A)arraignment
B)information
C)indictment
D)acquittal

Question 11

The term __________ refers to the formal rules that regulate disputes between private parties.

A)civil law
B)criminal law
C)case law
D)common law

Question 12

The judicial application and interpretation of law as it applies in a given case is called __________.

A)civil law
B)criminal law
C)case law
D)common law

Question 13

A(n)__________ refers to the process of taking a suspect into custody for the purpose of prosecution.

A)warrant
B)arrest
C)booking
D)summons

Question 14

A(n)__________ is a hearing where the defendant is informed of the charges and of his or her rights and enters a plea.

A)arraignment
B)information
C)indictment
D)acquittal

Question 15

A defense in which a person claims to have engaged in otherwise criminal behavior because of the forces of nature is called __________.

A)intention
B)duress
C)necessity
D)entrapment

Question 16

A defense in which a person claims to have engaged in criminal conduct because of a threat of immediate and serious bodily harm by another person.

A)intention
B)duress
C)necessity
D)entrapment

Question 17

A(n)__________ is a formal accusation of a crime filed by a prosecutor based on the findings of a preliminary hearing.

A)arraignment
B)information
C)indictment
D)acquittal

Question 18

Laws that apply to a specific county,city,or town are called ___________.

A)constitutions
B)statutes
C)ordinances
D)precendents

Question 19

The term __________ refers to a procedure in which an official record of the arrest is made.

A)warrant
B)arrest
C)booking
D)summons

Question 20

The term ___________ refers to the body of unrecorded decisions made by English judges in the Middle Ages,reflecting the values,customs,and beliefs of the period.

A)civil law
B)criminal law
C)case law
D)common law

Question 21

___________ are of three types: self-defense,defense of others,and defense of property.

A)Defense related to mental illness
B)Defense involving force
C)Defense involving justification or excuse.
D)Defense involving a crime of passion

Question 22

'Procedural law' is a law defining the specific behaviors prohibited under the criminal law.

Question 23

A defense based on the claim that the defendant was not sane at the time of the act is referred to as a ____________.

A)defense related to mental illness
B)defense involving force
C)defense involving justification or excuse.
D)defense involving a crime of passion

Question 24

The 'criminal justice system' involves more than 55,000 government agencies in the United States that deal with aspects of crime,including criminal law enforcement,the courts,and corrections.

Question 25

(A[n])__________ is set at the initial appearance in order to ensure that the arrestee will appear in court for trial.

A)Plea
B)Bail
C)Arraignment
D)Information

Question 26

In certain cases defendants admit to unlawful conduct but claim that an overriding rationalization or explanation makes their actions lawful.Five defenses involving __________ are duress,necessity,mistake of fact,ignorance of law,and entrapment.

A)defense related to mental illness
B)defense involving force
C)defense involving justification or excuse.
D)defense involving a crime of passion

Question 27

The ______ Amendment of the United States Constitution provides protection against unreasonable searches and seizures.

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

Question 28

___________ law is a very important part of the criminal justice process,because it specifies how people accused of crimes will be treated.

A)Criminal
B)Civil
C)Procedural
D)Juvenile

Question 29

The 'conflict view' is the view that law reflects society's consensus regarding behavior that is harmful enough to warrant government intervention.

Question 30

If the crime charged is within the jurisdiction of a municipal court,the arrestee may also be asked to make a(n)__________,a statement of innocence or guilt,at the initial appearance.

A)plea
B)bail
C)arraignment
D)information

Question 31

The criminal (penal)code is a compilation of all the criminal laws of a jurisdiction.

Question 32

The ______ Amendment of the United States Constitution states that a person shall not be compelled to be a witness against oneself.

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

Question 33

A(n)__________ is a hearing where the defendant is informed of the charges and of his or her rights and enters a plea.

A)plea
B)bail
C)arraignment
D)information

Question 34

The term __________ refers to the 'guilty mind' or conscious decision to commit a criminal act.

A)mens rea
B)actus reus
C)concurrence/causal link
D)liability

Question 35

'Substantive criminal law' refers to the rule for adjudication of individuals suspected of violating the law.

Question 36

The ______ Amendment of the United States Constitution states that cruel and unusual punishments shall not be inflicted.

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

Question 37

A(n)__________ is a formal accusation of a crime filed by a prosecutor based on the findings of a preliminary hearing.

A)plea
B)bail
C)arraignment
D)information

Question 38

The term __________ means that in order for a crime to occur,there must be a association between the act and the harm that results.

A)mens rea
B)actus reus
C)concurrence/causal link
D)liability

Question 39

'Due process' refers to a legal protection included in the U.S.Constitution that guarantees all citizens the right to be adjudicated under established law and legal procedures.

Question 40

The term __________ refers to the behavior that must be committed to meet the definition of a crime.

A)mens rea
B)actus reus
C)concurrence/causal link
D)liability

Question 41

A defense in which a defendant claims that a law is not widely known and that the person could not have been expected to be aware of it.

Question 42

'Battered woman syndrome' is an ongoing pattern of severe physical abuse that constitutes a continual threat of harm

Question 43

A defense in which a person claims that honest ignorance rules out the presence of a 'guilty mind' is called __________.

Question 44

____________ is a condition in which a person has the opportunity to exercise control over an object.

Question 45

The term 'jurisdiction' refers to the authority of a state,county,or city to apply its own laws within its own territory.

Question 46

The term actus reus refers to the 'guilty mind' or conscious decision to commit a criminal act.

Question 47

The Bill of Rights includes the first ten amendments to the Constitution―details many of the requirements for adjudication,such as arrests,warrants,searches,trials,lawyers,punishment,and other important aspects of criminal procedure.

Question 48

The term __________ refers to a legal protection included in the U.S.Constitution that guarantees all citizens the right to be adjudicated under established law and legal procedures.

Question 49

The term 'constructive possession' refers to a condition in which a person has exclusive control over an object.

Question 50

The __________ involves the more than 55,000 government agencies in the United States that deal with aspects of crime,including criminal law enforcement,the courts,and corrections.

Question 51

An 'insanity defense' is a claim that the defendant was not sane under law at the time of the act.

Question 52

The term mens rea refers to the behavior that must be committed to meet the definition of a crime.

Question 53

'Actual possession' refers to a condition in which a person has the opportunity to exercise control over and object.

Question 54

___________ refers to a condition in which a person has exclusive control over an object.

Question 55

The term __________ refers to an ongoing pattern of severe physical abuse that constitutes a continual threat of harm

Question 56

The term __________ refers to establishing the presence of the elements of a crime in a given case,thereby subjecting the accused person to criminal penalties.

Question 57

A ___________ refers to an investigation by the probation department that seeks information regarding the offender's personal and social background,criminal record,and any other information that may help the judge match the sentence to the offender.

Question 58

The 'consensus view' is the view that an act becomes a crime only when it serves the interests of those in positions of power.

Question 59

A(n)__________ refers to a claim that the defendant was not sane under law at the time of the act.

Question 60

How can mistake of fact serve as a defense if it neutralizes the "guilty mind" required for the commission of a crime.?

Question 61

Mental illness can play a role in a criminal case in more than one way.Please explain and describe these ways.

Question 62

What is the difference between mens rea and actus reus? How are these both related?

Question 63

Pit bulls,a breed of dog,were involved in several attacks on humans in recent years.Although accurate statistics do not exist,this type of dog is said to be especially aggressive and has a particularly harmful bite.Some localities have proposed ordinances that single out pit bulls for special licensing,registration,or banning.Others have sought to label them as a "vicious breed," requiring that when on the street or in other public places pit bulls must be muzzled and kept on a 6-foot chain with a 300-pound tensile strength.Some regulations would require owners of these dogs to carry liability insurance
in the amount of $100,000.Do you think that such ordinances violate the principles of due process set forth in the Constitution,or do they effectively balance the interests of all those involved-pit bull owners and those who might be bitten?

Question 64

In the 1990s Dr.Jack Kevorkian claimed to have provided deadly drugs to 130 terminally ill patients.His work has been alternately called "assisted suicide" and "murder." Many people believe that provision of these drugs allows for "death with dignity." Others believe Kevorkian is "playing God" and has no right to provide people with the means to hasten their death.What do you think? Should he have served time (as he did)for providing these drugs to terminally ill individuals? Why or why not?