Question 1

An overview of the American system of criminal justice suggests fundamental constitutional principles, which include all of the following except ________________.

Accepted Answer

The American system of criminal justice does not include administrative preemption as a fundamental constitutional principle. The other options listed - constitutional supremacy, federalism, and separation of powers - are all key principles of the American system of criminal justice.

Question 2

The __________ Amendment to the United States Constitution protects individuals against unreasonable searches and seizures.

Accepted Answer

The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures. It states that people have the right to be secure in their persons, houses, papers, and effects, and that no warrants shall be issued without probable cause and supported by oath or affirmation.

Question 3

The ______ Amendment to the United States Constitution protects individuals from compulsory self-incrimination.

Accepted Answer

The Fifth Amendment to the United States Constitution protects individuals from compulsory self-incrimination.

Question 4

The procedural criminal law is promulgated both by legislative bodies, through enactment of statutes, and by the courts, both through judicial decisions and the development of __________.

Accepted Answer

The procedural criminal law is primarily governed by the rules of court procedure that are developed by the courts themselves in addition to legislative statutes. While regulations may play a role in some aspects of criminal law, they are not as significant as court rules and statutes. Consent decrees are agreements between parties in a particular case and do not have a widespread impact on procedural criminal law. Extraordinary writs are a remedy that can be sought in certain circumstances but do not have a direct impact on the development of procedural criminal law.

Question 5

When authorized by state constitutions or acts of state legislatures, cities and many counties may adopt _________ that define certain criminal violations.

Accepted Answer

Cities and counties may adopt ordinances that define certain criminal violations when authorized by state constitutions or acts of state legislatures.

Question 6

In early days of the American republic, ___________ became something of a "legal bible."

Accepted Answer

Blackstone's Commentaries was a four-volume set of legal commentaries published in England in the 1760s. It covered the entire range of English law, including the rights of individuals, property law, and criminal law. It became extremely popular in the early days of the American republic, and many lawyers and judges relied on it as a source of legal authority.

Question 7

In rendering interpretations of the law, appellate courts generally follow precedent, in keeping with the common-law doctrine of ______________.

Accepted Answer

The doctrine of stare decisis is the principle that court decisions should be guided by precedent. This means that appellate courts will generally follow previous decisions made by higher courts when deciding similar cases.

Question 8

As most new states came into the Union, generally their legislatures adopted _________ incorporating the common law to the extent that it did not conflict with the federal or their respective state constitutions.

Accepted Answer

Reception statutes were laws passed by the legislatures of new states adopting the common law as it existed in England at the time of the state's founding, to the extent that it did not conflict with federal or state constitutions. This allowed the state to have a consistent and coherent legal system. Writs of mandamus and bills of attainder are specific legal concepts, while precedents are created by courts and not legislatures.

Question 9

Article III, Section 3 of the U.S.Constitution defines the crime of ____________.

Accepted Answer

Article III, Section 3 of the U.S. Constitution defines treason as the only crime against the United States explicitly listed, stating that it consists only in levying war against the United States, or in adhering to their enemies, giving them aid and comfort. The other crimes mentioned (counterfeiting, piracy, sedition) are not defined in this section.

Question 10

The Model Penal Code was published by the ________, an organization of distinguished judges, lawyers, and academics.

Accepted Answer

The Model Penal Code was published by the American Law Institute, which is an organization of distinguished judges, lawyers, and academics. The other choices, Academy of Criminal Justice Sciences, National Center for State Courts, and Federal Judicial Center, are not associated with the publishing of the Model Penal Code.

Question 11

Mala in se offenses include __________.

Accepted Answer

Mala in se offenses are crimes that are universally considered wrong and immoral, regardless of the laws and cultures of different societies. The offenses listed in options A, B, and C all involve acts that are universally considered to be wrong and immoral, making them mala in se offenses. Thus, the best answer is D, all of these.

Question 12

Which of the following offenses is an example of a strict liability crime?

Accepted Answer

Selling alcoholic beverages to a minor is an example of a strict liability crime, meaning that the offender can be held liable regardless of whether they knew the victim was a minor or intended to break the law. Robbery, forgery, and grand theft require intent and knowledge to be proven in order to secure a conviction.

Question 13

The reasonable doubt standard that applies to criminal prosecutions differs markedly from the ______________ standard that applies to civil cases.

Accepted Answer

In criminal cases, the prosecution must prove the defendant's guilt beyond a reasonable doubt, which is a high burden of proof. In contrast, in civil cases, the burden of proof is lower and the plaintiff must only prove their case by a preponderance of the evidence, meaning it is more likely than not that their claims are true.

Question 14

Which of the following statements is INCORRECT?

Accepted Answer

The U.S. Constitution does not grant Congress unlimited power to define federal crimes. Congress's power to define federal crimes is limited by the Due Process Clause and other constitutional safeguards.

Question 15

By 1600, the English common-law judges had defined as felonies the crimes of murder, manslaughter, mayhem, robbery, burglary, arson, larceny, rape, suicide, and ____________.

Accepted Answer

Sodomy was considered a felony under English common-law by 1600.

Question 16

States are the primary locus of ____________, which is the power to make laws in furtherance of the public health, safety, welfare and morality.

Accepted Answer

The police power is the primary locus of the power to make laws in furtherance of the public health, safety, welfare, and morality. This power is reserved to the states under the Tenth Amendment of the U.S. Constitution. Sovereignty refers to a state's supreme power or authority within its own borders, eminent domain refers to the power of the government to take private property for public use with compensation, and parens patriae is the power of the state to act as a parent for individuals who are unable to care for themselves. None of these are directly related to the power to make laws in furtherance of the public health, safety, welfare, and morality.

Question 17

Article I, Sections 9 and 10 of the United States Constitution prohibit Congress and the state legislatures, respectively, from enacting ____________.

Accepted Answer

Article I, Sections 9 and 10 of the United States Constitution prohibit Congress and the state legislatures, respectively, from enacting ex post facto laws, which are laws that retroactively make an action illegal and punish individuals for taking that action even if it was legal when they did it. The other options are also prohibited in the Constitution, but not specifically by these sections.

Question 18

In contrast to Roman law systems, which are based on legal codes, the English common law developed primarily through _____________.

Accepted Answer

The English common law system is primarily based on judicial decisions and precedents set by previous court cases, rather than legal codes or statutes enacted by the legislature. Judges are expected to interpret and apply the law based on their understanding of legal principles and precedents, rather than simply following prescribed rules in a code or statute.

Question 19

Today the principal actors in defining crimes and punishments are _________________.

Accepted Answer

State legislatures are responsible for creating and defining crimes and punishments through the passage of laws. The other options listed may have some influence in shaping criminal justice policies, but they do not have the primary responsibility for defining crimes and punishments.

Question 20

Which of the following crimes is a misdemeanor?

Accepted Answer

Disorderly conduct is typically classified as a minor offense and is considered a misdemeanor. The other crimes listed are usually classified as felonies.

Quiz 1: Fundamentals of Criminal Law