Deck 4: Criminal Justice and the Rule of Law

Question 1

Criminal and civil proceedings may arise from the same crime.

Answer 1

True

Question 2

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

Answer 2

False

Question 3

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

Answer 3

True

Question 4

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

Question 5

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

Question 6

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

Question 7

For an act to be deemed criminal, the intent and the act can occur at different times.

Question 8

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

Question 9

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

Question 10

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

Question 11

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

Question 12

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

Question 13

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

Question 14

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

Question 15

The average age of the justices is relatively high so a conservative to more liberal movement in the next few years is a possibility.

Question 16

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.

Question 17

The underlying source of American law is the common law of England.

Question 18

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

Question 19

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 20

An inchoate offense does not require mens rea to prosecute.

Question 21

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

Question 22

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

Question 23

The phrase that distinguishes murder from nonnegligent manslaughter is

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

Question 24

P enal codes specify the punishments for each offense .

Question 25

Indigent defendants are those who pay for their own attorney.

Question 26

U.S. Supreme Court Justices Sotomayor and Kagan were appointed by George W. Bush 

Question 27

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 28

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 29

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

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

Question 30

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 31

The Fifth Amendment provides protection against unreasonable searches and seizures .

Question 32

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

Question 33

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

Question 34

 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 35

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

Question 36

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 37

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

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

Question 38

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

Question 39

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 40

Which of the following indicates that for a crime to occur there must be an act of commission or omission by the accused?

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

Question 41

The privilege against self-incrimination is found in the

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

Question 42

The double jeopardy clause is found in the

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

Question 43

The right against cruel and unusual punishment is found in the

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

Question 44

According to the Sixth Amendment, a jury must be

A)of the same race as the defendant.
B)sympathetic to the defendant.
C)well educated, to understand the proceedings.
D)created from a representative pool of the community.

Question 45

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

A)Durham Rule.
B)M'Naghten Rule.
C)substantial capacity test.
D)irresistible impulse test.

Question 46

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

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

Question 47

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

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

Question 48

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

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

Question 49

Which amendment contains the warrant clause?

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

Question 50

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

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

Question 51

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 52

When people break the law in order to save themselves or prevent a greater harm, they will likely use the defense 0f _______ in court.

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

Question 53

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 54

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 55

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

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

Question 56

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 57

The right to a trial by jury is guaranteed by the

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

Question 58

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 59

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 60

A major exception to the mens rea principle is called

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

Question 61

The due process revolution occurred in which time frame?

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

Question 62

One morning, Rashaad arrives at work feeling under the weather.  By lunch time, he decides to take sick leave and go home.  Upon arrival at his house, he sees his best friend's car in the driveway.  Rashaad becomes concerned that something may be wrong with his wife.  As he opens the door to his bedroom, he sees his wife and best friend in a compromising position.  In shock, Rashaad grabs his gun, and shoots and kills his wife and friend.
Rashaad killed his wife and friend by an act of commission.  This is the

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

Question 63

Shelby was recently found not guilty of strong-arm robbery.  She had a jury trial that ruled in her favor.  Moments after the ruling came down, Shelby turned and looked at the jury and said, "Ha, ha, I am guilty and there is nothing you can do about it now."  The jurors were shocked and wanted to change their verdict.  Shelby laughed all the way home.
Shelby cannot be retried for the same crime in the same jurisdiction based upon.

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

Question 64

One morning, Rashaad arrives at work feeling under the weather.  By lunch time, he decides to take sick leave and go home.  Upon arrival at his house, he sees his best friend's car in the driveway.  Rashaad becomes concerned that something may be wrong with his wife.  As he opens the door to his bedroom, he sees his wife and best friend in a compromising position.  In shock, Rashaad grabs his gun, and shoots and kills his wife and friend.
Rashaad's intent was to kill his wife and friend.  It could be said he had a guilty state of mind, which would be his

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

Question 65

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 men were pronounced dead. Mike was in shock that he actually was responsible for the death of two men.  Within 6 months, Mike was informed that he was being sued by one of the deceased intruder's family members for wrongful death.  Mike wondered if his rights would be validated.
Which elements of a crime were not present in the given the scenario?

A)A ctus reus , attendant circumstances and mens rea
B)A ttendant circumstances and mens rea
C)A ctus reus and mens rea
D)A ctus reus and attendant circumstances

Question 66

 ________ 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 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 men were pronounced dead. Mike was in shock that he actually was responsible for the death of two men.  Within 6 months, Mike was informed that he was being sued by one of the deceased intruder's family members for wrongful death.  Mike wondered if his rights would be validated.
The ___________ will protect Mike from being charged and protect his due process rights.

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

Question 68

Shelby was recently found not guilty of strong-arm robbery.  She had a jury trial that ruled in her favor.  Moments after the ruling came down, Shelby turned and looked at the jury and said, "Ha, ha, I am guilty and there is nothing you can do about it now."  The jurors were shocked and wanted to change their verdict.  Shelby laughed all the way home.
Shelby was charged and convicted by a jury in a federal court for violation of federal gun laws.   Which of the following is true?

A)The Incorporation Doctrine means that the federal government must follow state laws and 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 69

One morning, Rashaad arrives at work feeling under the weather.  By lunch time, he decides to take sick leave and go home.  Upon arrival at his house, he sees his best friend's car in the driveway.  Rashaad becomes concerned that something may be wrong with his wife.  As he opens the door to his bedroom, he sees his wife and best friend in a compromising position.  In shock, Rashaad grabs his gun, and shoots and kills his wife and friend.
Rashaad states that he was not in the proper state of mind when the murders were committed.  Which excuse defense is he most likely to use?

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

Question 70

One morning, Rashaad arrives at work feeling under the weather.  By lunch time, he decides to take sick leave and go home.  Upon arrival at his house, he sees his best friend's car in the driveway.  Rashaad becomes concerned that something may be wrong with his wife.  As he opens the door to his bedroom, he sees his wife and best friend in a compromising position.  In shock, Rashaad grabs his gun, and shoots and kills his wife and friend.
Rashaad claims the medicine he took for his illness created angry mood swings and he is therefore not guilty based on

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

Question 71

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 men were pronounced dead. Mike was in shock that he actually was responsible for the death of two men.  Within 6 months, Mike was informed that he was being sued by one of the deceased intruder's family members for wrongful death.  Mike wondered if his rights would be validated.
The intruder's family member plans to sue Mike in a wrongful death case under what kind of law?

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

Question 72

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 73

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

A)L egality.
B)A ctus reus.
C)C ausation.
D)H arm.

Question 74

Three factors-the act (actus reus), the attendant circumstances, and the state of mind (mens rea)-are together called the ______ of a crime.

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

Question 75

Shelby was recently found not guilty of strong-arm robbery.  She had a jury trial that ruled in her favor.  Moments after the ruling came down, Shelby turned and looked at the jury and said, "Ha, ha, I am guilty and there is nothing you can do about it now."  The jurors were shocked and wanted to change their verdict.  Shelby laughed all the way home.
Shelby was allowed to present her case in a public trial.  This right was given to her based upon which amendment?

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

Question 76

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 77

One morning, Rashaad arrives at work feeling under the weather.  By lunch time, he decides to take sick leave and go home.  Upon arrival at his house, he sees his best friend's car in the driveway.  Rashaad becomes concerned that something may be wrong with his wife.  As he opens the door to his bedroom, he sees his wife and best friend in a compromising position.  In shock, Rashaad grabs his gun, and shoots and kills his wife and friend.
Rashaad committed the act of murder, which is prohibited by the law in all states in the United States.  This is known as

A)legality.
B)actus reus.
C)illegality.
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 men were pronounced dead. Mike was in shock that he actually was responsible for the death of two men.  Within 6 months, Mike was informed that he was being sued by one of the deceased intruder's family members for wrongful death.  Mike wondered if his rights would be validated.
Mike will not be charged with this crime because he most likely used the justification defense of

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

Question 79

Shelby was recently found not guilty of strong-arm robbery.  She had a jury trial that ruled in her favor.  Moments after the ruling came down, Shelby turned and looked at the jury and said, "Ha, ha, I am guilty and there is nothing you can do about it now."  The jurors were shocked and wanted to change their verdict.  Shelby laughed all the way home.
Shelby was found not guilty by an impartial jury.  This right is protected by which amendment?

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

Question 80

_________ 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