Deck 4: Criminal Justice and the Rule of Law

Question 1

An act can be deemed criminal if the intent and the act occur at different times.

Answer 1

False

Question 2

According to the Fifth Amendment's double jeopardy clause,a defendant may be tried for the same offense in the same jurisdiction on the same date twice.

Answer 2

False

Question 3

The due process and equal protection clauses are found in the Fourteenth Amendment.

Answer 3

True

Question 4

The Bill of Rights has always protected the individual's rights at the state level.

Question 5

Public opinion always supports the decisions of the U.S.Supreme Court.

Question 6

All societies and cultures base their criminal law on the same principles.

Question 7

Entrapment cannot be used as a defense in a criminal trial.

Question 8

Procedural due process requires that the constitutional rights of criminal defendants be respected.

Question 9

In the United States,the distinction between criminal and civil law is minimal.

Question 10

The Code of Hammurabi is the foundational source of American law.

Question 11

An inchoate offense does not require mens rea to be prosecuted.

Question 12

The Bill of Rights has been completely incorporated and applied to the states.

Question 13

The insanity defense is used in most cases in the American criminal justice system.

Question 14

Civil proceedings sometimes end in incarceration.

Question 15

A person could be punished for killing a pigeon if a state legislature passed a law against killing pigeons on the day after the pigeon was killed.

Question 16

The Supreme Court is neither liberal nor conservative.

Question 17

According to the courts,accidents occur when there is no mens rea.

Question 18

In Robinson v.California (1962),the Supreme Court struck down a law that made drug addiction a crime.

Question 19

The current position of the U.S.Supreme Court is that the death penalty is a cruel and unusual punishment and therefore unconstitutional.

Question 20

Offenders who do not have mens rea and have not committed a strict liability offense should not be found guilty.

Question 21

Indigent defendants are those who pay for their own attorneys.

Question 22

The Fifth Amendment provides protection against unreasonable searches and seizures.

Question 23

Laws and rules made by federal,state,and local agencies are called

A)case law.
B)precedent.
C)administrative regulations.
D)common law.

Question 24

Defamation is one of the seven principles of substantive criminal law.

Question 25

The processes followed by police,prosecutors,and judges as well as the rights possessed by suspects and defendants are defined by ________ criminal law.

A)procedural
B)substantive
C)constitutional
D)fundamental

Question 26

The phrase that distinguishes murder from nonnegligent manslaughter is

A)parens patriae.
B)mala prohibita.
C)In re Gault.
D)malice aforethought.

Question 27

For a crime to occur,there must be an act of commission or omission by the accused.Which term reflects this?

A)Mens rea
B)Inchoate offense
C)Defamation
D)Actus reus

Question 28

Merrick Garland is a U.S.Supreme Court justice who was appointed by Barack Obama.

Question 29

Penal codes specify the punishments for each offense.

Question 30

Concurrence refers to the requirement that an act must cause harm to some legally protected value.

Question 31

The definitions of crimes and people eligible for punishment are spelled out in ________ criminal law.

A)procedural
B)substantive
C)constitutional
D)fundamental

Question 32

States can provide more protection than the U.S.Constitution for individual rights.

Question 33

An act can be deemed criminal if it eventually leads to harm that the law seeks to prevent.This is called

A)mens rea.
B)an inchoate offense.
C)defamation.
D)actus reus.

Question 34

For an act to be a crime,the intent and the act must exist simultaneously.This is called

A)mens rea.
B)an inchoate offense.
C)concurrence.
D)actus reus.

Question 35

The elements of a crime are

A)actus reus,inchoate defense,and concurrence.
B)mens rea,inchoate defense,and punishment.
C)attendant circumstances,mens rea,and actus reus.
D)actus reus,causation,and inchoate defense.

Question 36

A grand jury is a body of citizens that determines whether the prosecutor possesses sufficient evidence to justify the prosecution of a suspect for a serious crime.

Question 37

If a person has a guilty mind or a blameworthy state of mind,this describes the element of

A)mens rea.
B)an inchoate offense.
C)defamation.
D)actus reus.

Question 38

For much of U.S.history,criminal defendants were not guaranteed the right to an attorney in all states.

Question 39

The current chief justice of the U.S.Supreme Court is John Roberts.

Question 40

The four amendments that deal with the criminal process are the Fourth,Fifth,Sixth,and Ninth.

Question 41

Which of the following is a necessary element in the definition of rape?

A)Physical evidence
B)Witnesses
C)Alcohol use
D)Force

Question 42

Today the test used by most states to determine insanity is called the _____ test.

A)nolo contendere
B)IQ
C)moral compass
D)right-from-wrong

Question 43

Entrapment occurs when a

A)police officer commits a crime.
B)citizen commits a crime in the presence of a police officer.
C)citizen knowingly violates the law.
D)police officer entices a citizen to commit a crime that he or she was not predisposed to commit.

Question 44

When people break the law in order to save themselves or prevent a greater harm,they will likely use the defense of _______ in court.

A)self-defense
B)entrapment
C)necessity
D)duress

Question 45

According to the Sixth Amendment,a jury must be

A)of the same race as the defendant.
B)sympathetic to the defendant.
C)educated to an extent that it can understand the proceedings.
D)created from a representative pool of the community.

Question 46

Which landmark U.S.Supreme Court case required the courts to provide attorneys for poor defendants facing the death penalty?

A)Furman v.Georgia (1972)
B)Weeks v.United States (1914)
C)Barron v.Baltimore (1833)
D)Powell v.Alabama (1932)

Question 47

A major exception to the mens rea principle is

A)strict liability.
B)civil forfeiture.
C)minimal scrutiny.
D)actus reus.

Question 48

The right to a trial by jury is guaranteed by the

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

Question 49

The idea that insanity may involve a different combination of many factors in each case is called the

A)Durham Rule.
B)M'Naghten Rule.
C)Substantial Capacity Test.
D)Irresistible Impulse Test.

Question 50

Which amendment protects privacy by barring unreasonable searches by the police?

A)Third
B)Fourth
C)Fifth
D)Sixth

Question 51

The right against cruel and unusual punishment is found in the

A)Seventh Amendment.
B)Eighth Amendment.
C)Ninth Amendment.
D)Tenth Amendment.

Question 52

Which chief justice of the U.S.Supreme Court led a legal revolution that expanded the constitutional rights of criminal defendants?

A)Rehnquist
B)Marshall
C)Taney
D)Warren

Question 53

The Anglo-American system of uncodified law,in which judges follow precedents set by earlier decisions when they decide new but similar cases,is ______ law.

A)written
B)statute
C)common
D)case

Question 54

Which of the following is true about the insanity defense?

A)Many criminals escape punishment using the insanity defense.
B)Criminals never use the insanity defense.
C)The insanity defense is rarely used by criminals.
D)The American criminal system has banned the use of the insanity defense.

Question 55

The double jeopardy clause is found in the

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

Question 56

The right to a fair trial is found in the ______ Amendment.

A)Third
B)Fourth
C)Fifth
D)Sixth

Question 57

The privilege against self-incrimination is found in the

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

Question 58

Which amendment contains the warrant clause?

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

Question 59

Which amendment requires that the amount of bail not be excessive?

A)Seventh Amendment
B)Eighth Amendment
C)Ninth Amendment
D)Tenth Amendment

Question 60

The right to counsel in felony cases was applied to the states in the landmark case of

A)Mapp v.Ohio (1961).
B)Weeks v.United States (1914).
C)Barron v.Baltimore (1833).
D)Gideon v.Wainwright (1963).

Question 61

Shelby was recently found not guilty of strong arm robbery when a jury trial ruled in her favor.Moments after the ruling came down,Shelby looked at the jury and said,"I did it and now I am free.Thank you." The jurors were shocked and wanted to change their verdict but could only stare as Shelby laughed on her way out of the courtroom.In a separate case,Shelby was charged and convicted by a jury in a federal court for violation of gun laws.Which of the following is true?

A)Since the incorporation doctrine means that the federal government must follow state laws,the conviction should be overturned.
B)Shelby can appeal her conviction based on the fundamental fairness clause of the Fourth Amendment.
C)Since Shelby never admitted to the crime,she cannot be tried a second time.
D)The prohibition against double jeopardy applies only to the same crime and the same jurisdiction.

Question 62

Shelby was recently found not guilty of strong arm robbery when a jury trial ruled in her favor.Moments after the ruling came down,Shelby looked at the jury and said,"I did it and now I am free.Thank you." The jurors were shocked and wanted to change their verdict but could only stare as Shelby laughed on her way out of the courtroom.Shelby presented her case at a public trial,a right granted to her by the

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

Question 63

In which time period did the due process revolution occur?

A)1920s to 1950s
B)1930s to 1960s
C)1940s to 1970s
D)1950s to 1980s

Question 64

Mike was sitting in his home watching a late-night baseball game when he heard what sounded like someone trying to break into his home.He immediately went to his closet and retrieved his 9mm.Within seconds,two men broke through the door armed with their own guns.Mike quickly shot both men and immediately called law enforcement.When first responders arrived on the scene,both intruders were pronounced dead.Mike was in shock that he was actually responsible for the death of two men.Within six months,Mike was informed that he was being sued by one of the intruder's family members for wrongful death.Mike is now faced with the prospect of losing his home.The intruder's family member who plans to sue Mike for wrongful death does so under

A)criminal law.
B)substantive law.
C)procedural law.
D)civil law.

Question 65

_________ is the confiscation of property by the state because it was used in or acquired through a crime.

A)Confiscation
B)Civil forfeiture
C)Seizure
D)Land grab

Question 66

Shelby was recently found not guilty of strong arm robbery when a jury trial ruled in her favor.Moments after the ruling came down,Shelby looked at the jury and said,"I did it and now I am free.Thank you." The jurors were shocked and wanted to change their verdict but could only stare as Shelby laughed on her way out of the courtroom.Which constitutional amendment granted Shelby the right to an impartial jury?

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

Question 67

Mike was sitting in his home watching a late-night baseball game when he heard what sounded like someone trying to break into his home.He immediately went to his closet and retrieved his 9mm.Within seconds,two men broke through the door armed with their own guns.Mike quickly shot both men and immediately called law enforcement.When first responders arrived on the scene,both intruders were pronounced dead.Mike was in shock that he was actually responsible for the death of two men.Within six months,Mike was informed that he was being sued by one of the intruder's family members for wrongful death.Mike is now faced with the prospect of losing his home.The ___________ protect(s)Mike's due process rights.

A)U.S.Constitution
B)state constitution
C)Magna Carta
D)Articles of Confederation

Question 68

Laws passed by legislatures and statutory definitions of criminal offenses are found in penal codes and

A)written law.
B)statutes.
C)common law.
D)case law.

Question 69

Mike was sitting in his home watching a late-night baseball game when he heard what sounded like someone trying to break into his home.He immediately went to his closet and retrieved his 9mm.Within seconds,two men broke through the door armed with their own guns.Mike quickly shot both men and immediately called law enforcement.When first responders arrived on the scene,both intruders were pronounced dead.Mike was in shock that he was actually responsible for the death of two men.Within six months,Mike was informed that he was being sued by one of the intruder's family members for wrongful death.Mike is now faced with the prospect of losing his home.Which elements of a crime do not apply to Mike's story?

A)Actus reus,attendant circumstances,and mens rea
B)Attendant circumstances and mens rea
C)Actus reus and mens rea
D)Actus reus and attendant circumstances

Question 70

The act of a crime (actus reus),its attendant circumstances,and the suspect's state of mind (mens rea)are together called the ______ of a crime.

A)inchoate element
B)concurrence
C)legality
D)elements

Question 71

One morning,Rashaad arrived at work feeling under the weather.By lunchtime,he decided to take sick leave and go home.Upon arriving at his house,he saw his best friend's car in the driveway.Rashaad became concerned that something might be wrong with his wife.When he opened the door to his bedroom,he found his wife and best friend in a compromising position.In shock,Rashaad grabbed his gun and shot and killed his wife and friend.Rashaad killed his wife and friend by an act of commission,also called

A)mens rea.
B)concurrence.
C)actus reus.
D)causation.

Question 72

________ are the basic laws of a country or state defining the structure of the government and the relationship of citizens to that government.

A)Constitutions
B)Administrative regulations
C)Statutes
D)Common laws

Question 73

One morning,Rashaad arrived at work feeling under the weather.By lunchtime,he decided to take sick leave and go home.Upon arriving at his house,he saw his best friend's car in the driveway.Rashaad became concerned that something might be wrong with his wife.When he opened the door to his bedroom,he found his wife and best friend in a compromising position.In shock,Rashaad grabbed his gun and shot and killed his wife and friend.Rashaad's crime is prohibited by law in every state in the U.S.This is known as

A)legality.
B)actus reus.
C)illegality.
D)causation.

Question 74

Which term describes the causal relationship between an act and the harm suffered?

A)Legality
B)Actus reus
C)Causation
D)Harm

Question 75

One morning,Rashaad arrived at work feeling under the weather.By lunchtime,he decided to take sick leave and go home.Upon arriving at his house,he saw his best friend's car in the driveway.Rashaad became concerned that something might be wrong with his wife.When he opened the door to his bedroom,he found his wife and best friend in a compromising position.In shock,Rashaad grabbed his gun and shot and killed his wife and friend.Rashaad's attorney argues that he was not in the proper state of mind when the murders were committed.This is an example of which excuse defense?

A)Duress
B)Entrapment
C)Mistake of fact
D)Insanity

Question 76

The courts have generally upheld the view that ignorance of the law is not an excuse for committing an illegal act,but if an accused person has made a(n)_________,that may serve as a defense.

A)mistake of fact
B)mistake of intoxication
C)exception of infancy
D)mistake of duress

Question 77

One morning,Rashaad arrived at work feeling under the weather.By lunchtime,he decided to take sick leave and go home.Upon arriving at his house,he saw his best friend's car in the driveway.Rashaad became concerned that something might be wrong with his wife.When he opened the door to his bedroom,he found his wife and best friend in a compromising position.In shock,Rashaad grabbed his gun and shot and killed his wife and friend.If Rashaad's intent was to kill his wife and friend,it could be said that he had a guilty state of mind,or

A)mens rea.
B)concurrence.
C)actus reus.
D)causation.

Question 78

Mike was sitting in his home watching a late-night baseball game when he heard what sounded like someone trying to break into his home.He immediately went to his closet and retrieved his 9mm.Within seconds,two men broke through the door armed with their own guns.Mike quickly shot both men and immediately called law enforcement.When first responders arrived on the scene,both intruders were pronounced dead.Mike was in shock that he was actually responsible for the death of two men.Within six months,Mike was informed that he was being sued by one of the intruder's family members for wrongful death.Mike is now faced with the prospect of losing his home.Mike was not charged with murder because he most likely used the justification defense of

A)entrapment.
B)self-defense.
C)necessity.
D)duress.

Question 79

One morning,Rashaad arrived at work feeling under the weather.By lunchtime,he decided to take sick leave and go home.Upon arriving at his house,he saw his best friend's car in the driveway.Rashaad became concerned that something might be wrong with his wife.When he opened the door to his bedroom,he found his wife and best friend in a compromising position.In shock,Rashaad grabbed his gun and shot and killed his wife and friend.Rashaad's attorney introduces evidence into the court that Rashaad took an allergy medicine that incited violent mood swings.The jury accepts this argument and finds Rashaad not guilty based on

A)mens rea.
B)concurrence.
C)actus reus.
D)causation.

Question 80

Shelby was recently found not guilty of strong arm robbery when a jury trial ruled in her favor.Moments after the ruling came down,Shelby looked at the jury and said,"I did it and now I am free.Thank you." The jurors were shocked and wanted to change their verdict but could only stare as Shelby laughed on her way out of the courtroom.Shelby cannot be retried for the same crime in the same jurisdiction because of

A)incorporation.
B)fundamental fairness.
C)self-incrimination.
D)double jeopardy.