Deck 14: Criminal Practice: Criminal Law and Juvenile Law

Question 1

What crime is a reckless or intentional, harmful, or offensive touching of another person?

A) Assault
B) Battery
C) Homicide
D) Invasion of privacy

Answer 1

B

Question 2

Which of the following is an element of mens rea?

A) A knowing act
B) A purposeful act
C) A reckless act
D) All of the above

Answer 2

D

Question 3

What crime is the placing of another in apprehension or fear of an imminent battery?

A) Assault
B) Battery
C) False imprisonment
D) Invasion of privacy

Answer 3

A

Question 4

What source of law divides the crime of homicide into degrees?

A) U.S. Constitution
B) Statutes
C) Regulations
D) Case law

Question 5

In California, what is the name of the proceeding in juvenile court that is similar to an arraignment in criminal court for adults?

A) Dispositional hearing
B) Detention hearing
C) Jurisdictional hearing
D) Markman hearing

Question 6

In 2005, the United States Supreme Court held that the Eighth and Fourteenth Amendments forbid the imposition of the death penalty on persons who were under what age when they committed their crime?

A) Age 16
B) Age 17
C) Age 18
D) Age 21

Question 7

Actus reus is:

A) an element of mens rea.
B) another term for a purposeful act.
C) the second element of a crime.
D) the intent element of mens rea.

Question 8

The Model Penal Code is:

A) a set of uniform laws for all federal criminal cases.
B) a collection of criminal statutes.
C) a uniform collection of criminal laws followed by all states.
D) a uniform collection of criminal laws followed by the federal courts.

Question 9

A felony is often punishable by:

A) a minimum one year's imprisonment.
B) a minimum of six months' imprisonment.
C) time off for good behavior.
D) None of the above

Question 10

What is the actus reus of battery?

A) The act of touching another person
B) The act of placing another person in apprehension or fear
C) The criminal mental state
D) Intent to harm another person

Question 11

Crimes can be committed against:

A) property.
B) persons.
C) the public.
D) All of the above

Question 12

First degree murder is a homicide that is:

A) premeditated.
B) willful.
C) deliberate .
D) All of the above

Question 13

Which of the following is not a defense to a criminal charge?

A) Duress
B) Self-defense
C) Diminished capacity
D) Mistake
E) All of the above

Question 14

What type of homicide involves an impulsive act, rather than a premeditated act?

A) First degree murder
B) Second degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter

Question 15

During a dispute in a parking lot over a parking space, Mark intentionally hits Robin on the right arm with a baseball bat that he keeps in the trunk of his vehicle. Robin suffers a broken arm. What crime has Mark committed?

A) Assault
B) Battery
C) False imprisonment
D) Burglary

Question 16

Before the criminal justice system affixes the term crime to a homicide, there must be a showing of criminal intent or:

A) mens rea.
B) actus reus.
C) rehabilitation.
D) retribution.

Question 17

Which of the following is not a purpose of criminal law?

A) Deterrence
B) Retribution
C) Incapacitation
D) Rehabilitation
E) Mens rea

Question 18

Battery and assault fall under which category of crimes?

A) Crimes against property
B) Crimes against persons
C) Crimes against the government
D) Crimes against the public

Question 19

The presumption that the defendant is innocent until proven guilty is:

A) not really based on the Constitution.
B) a rebuttal presumption.
C) a conclusive presumption.
D) not applicable in felony cases.
E) None of the above

Question 20

What type of homicide is a homicide that is premeditated, willful, and deliberate?

A) First degree murder
B) Second degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter

Question 21

The process of helping a person attain or regain his or her potential as a citizen that may take the form of counseling or therapy is called ______.

Question 22

Double jeopardy prevents a juvenile from being tried as an adult, after going through a jurisdictional hearing in juvenile court.

Question 23

Homicide is the taking of the life of one person by another.

Question 24

The mental element of a crime is known as the _________.

Question 25

Mens rea is the physical element of a crime.

Question 26

In simplistic terms, juveniles are delinquent when they commit a violation of the law.

Question 27

Crimes are generally categorized into felonies, misdemeanors, and petty offenses.

Question 28

A rebuttable presumption means that the presumption may be disproved by the facts.

Question 29

In many factual situations, assault and battery occur together but with assault, a touching does not have to take place.

Question 30

A homicide that is premeditated, willful, and deliberate is ________ degree murder.

Question 31

A battery is the reckless or intentional injuring of a person.

Question 32

Joseph has a guilty mind of planning to rob a convenient store but he has not taken any action. Joseph has not committed robbery under the Model Penal Code.

Question 33

Most crimes have two basic elements.

Question 34

Second degree murder is a homicide that involves an impulsive act, rather than a premeditated act.

Question 35

The purpose of criminal law that involves the act of restraining a person from taking certain actions through extended incarceration is called ________.

Question 36

There is general uniformity among the states in how the juvenile court system works.

Question 37

Rehabilitation is the process of helping a person attain or regain his or her potential as a citizen.

Question 38

Crimes can be committed against the public.

Question 39

A homicide that involves an impulsive act, rather than a premeditated act is ________ degree murder.

Question 40

The Model Penal Code has been adopted in all states.

Question 41

The U.S. Supreme Court held in the case In re Gault, 387 U.S. 1 (1967) that the constitutional privilege against ________ is applicable in proceedings that may result in incarceration.

Question 42

A(n) _____ is a reckless or intentional, harmful, or offensive touching of another.

Question 43

In California, the equivalent of a sentencing in criminal court for adults is a _______ hearing in juvenile court.

Question 44

Explain the differences between first degree murder and second degree murder.

Question 45

Which of the four purposes of criminal law should be the most important goal: deterrence, rehabilitation, incapacitation, or retribution? Explain.

Question 46

Compare and contrast assault and battery.

Question 47

In the 2002 film Minority Report starring Tom Cruise, a specialized police department apprehends criminals based on foreknowledge provided by three psychics called "precogs" before the persons actually commit crimes. What problems exist with a police department that focuses on apprehending individuals before they actually commit crimes?

Question 48

What are the purposes of criminal law?

Question 49

The placing of another in apprehension or fear of an imminent battery is a(n) _______.

Question 50

Mark points a gun at Phillip intending to shoot him. Mark pulls the trigger and Phillip dies from the gunshot. Mark has committed a(n) _______ act and could be found guilty of first degree murder.