Deck 11: Crime and Constitutional Law

Question 1

Details that specify what is required to prove guilt and to obtain a conviction for a crime must be sought from the

A) police department's policy and procedure manual
B) Model Penal Code
C) state attorney's office
D) criminal law of each jurisdiction
E) none of the above

Answer 1

D

Question 2

Enacting criminal statutes that govern individual behavior for which punishment can be meted out is a function of

A) the criminal justice system
B) the Supreme Court
C) state legislatures
D) the judicial system
E) none of the above

Answer 2

C

Question 3

American definitions of crimes are rooted in

A) administrative law
B) criminal law
C) procedural law
D) substantive law
E) English common law

Answer 3

E

Question 4

_________________ criminal law describes behavior that is considered forbidden and prescribes the punishment to be inflicted when the law is broken.

A) Procedural
B) Administrative
C) English Common
D) Statutory
E) Substantive

Question 5

_____________ criminal law pertains to the means of arresting and convicting a suspected offender.

A) Procedural
B) Administrative
C) English Common
D) Statutory
E) Substantive

Question 6

The specific acts that, taken together, compose a crime, are called the

A) actus reus
B) elements of the crime
C) common elements
D) forbidden acts
E) none of the above

Question 7

___________________ refers to the elements of a crime that can be proved; if all of the elements cannot be proved, a defendant cannot be convicted for that crime.

A) Criminal elements
B) Actus reus
C) Corpus delicti
D) Common law
E) none of the above

Question 8

The cumulative wisdom and judicial interpretations of the written law and of previous judicial decisions are referred to as

A) case law
B) criminal law
C) procedural criminal law
D) substantive criminal law
E) all of the above

Question 9

In an effort to make criminal laws more uniform between jurisdictions, the American Law Institute in 1962 proposed a

A) uniform criminal justice system
B) unified judicial court system
C) Model Penal Code
D) national judicial court system
E) Uniform Crime Reports

Question 10

The ____________ Amendment grants the Supreme Court a constitutional basis to intervene in a state criminal matter.

A) Second
B) Fourth
C) Sixth
D) Tenth
E) Fourteenth

Question 11

With the exception of ______________, no criminal offense is defined in the Constitution of the United States.

A) presidential assassination
B) treason
C) conspiracy
D) counterfeiting
E) kidnapping

Question 12

Under Article III of the U.S. Constitution, no person shall be convicted of treason unless on the testimony of at least ______ witnesses to the overt act, or on confession in open court.

A) one
B) two
C) three
D) four
E) five

Question 13

According to the _________ Amendment, in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime occurred.

A) Sixth
B) Eighth
C) Tenth
D) Twelfth
E) Fourteenth

Question 14

In Gideon v. Wainwright, the defense counsel argued for a more liberal interpretation of the

A) right to counsel clause
B) due process clause
C) cruel and unusual punishment
D) procedural rules of court
E) excessive bail clause

Question 15

According to the authors, any serious study that looks into the understanding and control of crime gains insight from a wide variety of disciplines, such as history, criminal justice, political science, sociology, psychiatry, and biology.

Question 16

American definitions of crimes are based upon English common law.

Question 17

The definition of a particular crime, as well as its specific punishment, is consistent from one state to the next.

Question 18

A person convicted of a misdemeanor is prohibited from holding public office or engaging in a licensed occupation.

Question 19

The Fourth through the Ninth Amendments are of the greatest importance to procedural criminal law because they describe the actions the government is permitted to use in criminal matters.

Question 20

In criminal investigation, there are two standards of proof: "probable cause" for a legal arrest and "beyond a reasonable doubt" for a conviction.

Question 21

Procedural criminal law describes the forbidden acts and the punishment to be inflicted when the law is broken.

Question 22

The corpus delicti of a crime has two components: one, that each element of the crime is satisfied; and two, that someone is responsible for inflicting the injury or loss that was sustained.

Question 23

Psychological approaches to criminal behavior are characterized by concern with mental defect and abnormal mental processes in individual personalities.

Question 24

The elements of the crime are the specific acts that, taken together, compose the crime. If each and every element of a crime is not proved, a defendant cannot be convicted for that crime.

Question 25

The law fails to evolve with the culture and civilization.