Deck 1: Criminal Law and Punishment in Ussociety: An Overview

Question 1

To qualify as criminal punishment,penalties have to meet four criteria.

Answer 1

True

Question 2

City,town,and village governments do not enjoy broad powers to create criminal laws.

Answer 2

False

Question 3

Critics of rehabilitation argue that it is inhumane because the cure justifies administering large doses of drugs.

Answer 3

False

Question 4

After the adoption of the Model Penal Code in 1962,more than 40 states changed their criminal codes.​

Question 5

Criminal law is the only way to hold a person responsible for deviating from social norms.

Question 6

Determinists reject the free-will assumption that underlies retribution.

Question 7

Case citations always follow the same order.

Question 8

Crimes and torts are similar in that both are sets of rules telling us what we can't do.

Question 9

Most states have abolished common-law crimes.

Question 10

Crimes punishable by more than a year of imprisonment are called felonies.

Question 11

​Most criminal law is found in the federal penal code.

Question 12

The principle of utility permits only the minimum amount of pain necessary in order to prevent crime.

Question 13

Case citations are summaries of a court's majority opinion.

Question 14

The majority opinion is the law of the case.​

Question 15

​The majority opinion lays out the established law of the case.

Question 16

​The criminal law is the only form of social control in our society.

Question 17

​Classical deterrence theory states that rational human beings won't commit crimes if they know that the pain of punishment outweighs the pleasure gained from committing crimes.

Question 18

​Discretionary decisions are generally made in plain view.

Question 19

Incapacitation restrains convicted offenders from committing further crimes.​

Question 20

Crimes and torts are similar.

Question 21

​Who has the burden of proof regarding criminal conduct?

A) ​the judge
B) ​the jury
C) ​the defense
D) ​the prosecution

Question 22

An offense which is punishable by one year or more in a state prison is called a​

A) ​common-law crime.
B) ​code offense.
C) ​misdemeanor.
D) ​felony.

Question 23

The distinction between criminal punishment and treatment is always clear-cut.

Question 24

​Torts are private wrongs for which you can sue the party who wronged you and recover money.

Question 25

​Crimes that are inherently evil and require some level of criminal intent are called

A) ​misdemeanors.
B) ​mala prohibita,
C) ​dual crimes.
D) ​mala in se.

Question 26

Proving criminal conduct is necessary to impose criminal liability and punishment.

Question 27

​Punishments differ widely among the states.

Question 28

What thought process says that human beings seek pleasure and avoid pain?​

A) ​rationalism
B) ​hedonism
C) ​minimalization
D) ​rationalization

Question 29

​To obtain a conviction,the prosecution must prove every element of the offense

A) ​by a preponderance of the evidence.
B) ​beyond a reasonable doubt.
C) ​by showing probable cause.
D) ​beyond a shadow of a doubt.

Question 30

Which of the following is true of torts?​

A) ​They only apply to low-income persons.
B) ​They tell us what we can't do.
C) ​Consequences include incarceration.
D) ​They address only misdemeanor crimes.

Question 31

What is hard punishment?

A) ​a sentence of a year or more in prison
B) ​incarceration for any length of time
C) ​the period of time following incarcerationC
D) ​punishment during the early 20th century

Question 32

State codes frequently use different names for crimes than common law.

Question 33

Crimes and torts represent two different ways our legal system responds to social and individual harm.​

Question 34

Private wrongs for which you can sue the party who wronged you and recover money are known as​

A) ​torts.
B) ​misdemeanors.
C) ​regulatory violations.
D) ​mala prohibitum offenses.

Question 35

​Criminal liability is conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests.

Question 36

​The criminal law imagination refers to the contributions of law,history,philosophy,the social sciences,and sometimes biology to explain:

A) ​the moral desires we wish to impose on the world
B) ​the moral desires we wish to impose on the poor
C) ​the moral desires we wish to impose on the uneducated
D) ​none of these answers is correct

Question 37

The defenses to crime are the same across state lines.​

Question 38

Which of the following is not one of the criteria required for criminal punishment?​

A) ​The penalty inflicts pain or unpleasant consequences.
B) ​The penalty inflicts pain that is perceived by the public to be appropriate.
C) ​The penalty is administered intentionally.
D) ​The penalty inflicts enough pain so the offender experiences the full extent of society's disapproval.

Question 39

The burden of proof for crimes is different than the burden of proof for torts.​

Question 40

​Violations of federal and state agency rules are called administrative crimes.

Question 41

The police decision to investigate or not is an example of what kind of decision making?​

A) ​indiscriminate
B) ​discretionary
C) ​political
D) ​appropriate

Question 42

What country is the leader in world imprisonment rates?​

A) ​Russia
B) ​United States
C) ​China
D) ​Canada

Question 43

​Which of the following crimes could be classified as mala in se?

A) ​parking tickets
B) ​drinking in public
C) ​rape
D) ​loitering

Question 44

The theory of punishment that includes the idea that it is right to hate criminals and they deserve to be punished proportionate to the harm they have done is the theory of​

A) ​incapacitation.
B) ​special deterrence.
C) ​retribution.
D) ​general deterrence.

Question 45

Plaintiffs in tort cases can recover what kind of damages?​

A) ​compensatory and punitive damages
B) ​compensatory damages
C) ​punitive damages
D) ​emotional damages

Question 46

​Justice is a philosophical concept whose application depends on

A) ​guilt.
B) ​innocence.
C) ​complicity.
D) ​culpability.

Question 47

Core felonies include which of the following?​

A) ​murder
B) ​manslaughter
C) ​rape
D) ​all of these are core felonies

Question 48

Which theory of crime focuses on an 'eye for an eye' mentality and emphasizes on getting even?​

A) ​retribution
B) ​rehabilitation
C) ​general deterrence
D) ​incapacitation

Question 49

​Which of the following power(s)lower the cost of convicting criminal defendants?

A) ​the power to incarcerate
B) ​the power to increase sentencing
C) ​issue consecutive sentences
D) ​the power to charge and to plea bargain

Question 50

Criminal law is only one kind of​

A) ​social norm.
B) ​social control.
C) ​social event.
D) ​informal control.

Question 51

Two assumptions underlie rehabilitation theory.The first assumption is that forces beyond offenders' control cause them to commit crimes.The second assumption is that​

A) ​criminal behavior is primarily a medical problem that can be cured with the correct drugs.
B) ​rehabilitation requires long-term incarceration and intense treatment.
C) ​therapy by experts can change offenders (not just their behavior)so that they won't want to commit any more crimes.
D) ​sometimes the cure for criminality involves large doses of pain.

Question 52

​What does it mean to "codify" criminal law?

A) ​written definitions of crimes and punishment enacted by legislatures and published
B) ​to make it constitutional
C) ​to convert it to computer code
D) ​to write it into all languages

Question 53

What is the category of crimes that are punishable by death or confinement in the state's prison for one year to life without parole?​

A) ​larcenies
B) ​non-capital crimes
C) ​misdemeanors
D) ​felonies

Question 54

What type of courts hear appeals?​

A) ​trial courts
B) ​traffic courts
C) ​appellate courts
D) ​only the U.S.Supreme Court

Question 55

Administrative crimes​

A) ​do not exist because agencies do not have the power to enact rules.
B) ​can only be enacted by federal agencies.
C) ​are no longer a significant source of criminal law.
D) ​are a rapidly growing source of law.

Question 56

When professionals make judgments based on their education,training,and experience,this is called​

A) ​discretionary decision making.
B) ​biased decision making.
C) ​affirmative decision making.
D) ​productive decision making.

Question 57

Crimes and torts are similar in which of the following ways?​

A) ​The standard of proof for both is beyond a reasonable doubt.
B) ​They both apply only to economic wrongs.
C) ​They both apply only to criminals.
D) ​They both tell us what we can and can't do.

Question 58

​Where is most criminal law found?

A) ​state criminal codes
B) ​federal criminal codes
C) ​city criminal codes
D) ​county criminal codes

Question 59

Which of the following is not true of a felony crime?​

A) ​A felony is more serious than a misdemeanor.
B) ​A felony is punishable by death or an imprisonment of more than one year.
C) ​A felony is never punished by imprisonment.
D) ​Felony defendants must always be in court for their trials.

Question 60

What document represents the American Law Institute's commitment to abolish common law?​

A) ​the U.S.Constitution
B) ​the U.S.Criminal Code
C) ​the "medical model" code
D) ​the Model Penal Code

Question 61

​The reasoning of the judge for sentencing Stan is an example of which of the following?

A) ​informal discretionary decision making
B) ​formal criminal processing
C) ​judicial lawmaking
D) ​all of these answers are correct

Question 62

The legal rule the court has decided to apply to the facts of the cases is called the​

A) ​issue.
B) ​holding.
C) ​result.
D) ​reasoning.

Question 63

Although municipalities have broad power,they are limited in which of the following ways?​

A) ​they must abide by the constitution
B) ​they cannot create misdemeanors
C) ​federal statutory law
D) ​city law preempts municipality law

Question 64

What are some of the reasons that the American Law Institute created the Model Penal Code?​

A) ​clarification and simplification
B) ​classification and institutionalization
C) ​organization classification
D) ​clarification and institutionalization

Question 65

Criminal law is established by which of the following?​

A) ​elected representatives
B) ​administrative agencies
C) ​judges
D) ​all of these establish criminal law

Question 66

What does proportionality mean?​

A) ​Confinement should be only what is necessary to achieve the goals of the sentencing policy.
B) ​Criminal offenses should be sentenced according to their seriousness.
C) ​Prisons should be instruments of justice.
D) ​Imprisonment should not violate one's status as a community member.

Question 67

When state and municipal code provisions conflict,which one is supposed to take precedence?​

A) ​state codes
B) ​municipal codes
C) ​depends on the crime
D) ​neither,the federal government will step in

Question 68

Preventing Stan from committing other robberies by putting him in jail is an example of what purpose for punishment?​

A) ​special deterrence
B) ​general deterrence
C) ​retribution
D) ​incapacitation

Question 69

In the citation 319 N.W.2d 459,the number 459 represents the​

A) ​volume number.
B) page where the opinion begins in a volume.​
C) ​date the decision was handed down.
D) ​date the case was argued.

Question 70

What may be the most important consequence of mass incarceration?​

A) ​the massive expansion of the criminal justice system into the country's poorest communities
B) ​the massive reduction of the criminal justice system into the country's poorest communities
C) ​the massive inclusion of the criminal justice system into the country's school systems
D) ​the massive lack of training in the criminal justice system

Question 71

Who did legal reformers believe should make laws?​

A) ​judges
B) ​presidents
C) ​legislatures
D) ​sheriffs

Question 72

Which of the following is part of a case excerpt?​

A) ​reference
B) ​citation
C) ​source
D) ​conclusion

Question 73

If an appellate court affirms the decision of the court immediately below,this means that the lower court's decision is​

A) ​upheld.
B) ​overturned.
C) ​questioned.
D) ​not considered.

Question 74

The appellant is the party who​

A) ​is appealing to ensure their victory in the court below.
B) ​is appealing to overturn an unfavorable decision.
C) ​has had an appeal filed against them.
D) ​has not filed the charges against the appellee.

Question 75

​The idea that only by inflicting physical and psychological pain as punishment can offenders pay for their crimes refers to which purpose of punishment?​​

A) ​retribution
B) ​prevention
C) ​deterrence
D) ​incapacitation

Question 76

When an appellate court overturns the decision of a trial court and sends the case back for further proceedings in accord with its decision,the appeals court has​

A) ​reversed the trial court's decision.
B) ​affirmed the trial court's decision.
C) ​reversed and remanded the trial court's decision.
D) ​declined the trial court's decision.

Question 77

​Theories of criminal punishment are divided primarily into two schools of thought:

A) ​legislative and reductionist
B) ​inductive and deductive
C) ​reactive and proactive
D) ​retributionist and preventionist

Question 78

Sally's boss received a judgment for money because of what difference between criminal and noncriminal wrongs?​

A) ​The burden of proof is higher for criminal wrongs than for noncriminal wrongs.
B) ​The burden of proof is lower for criminal wrongs than for noncriminal wrongs.
C) ​The burden of proof is equal for criminal wrongs than for noncriminal wrongs.
D) ​None of these answers is correct.

Question 79

​Of the following categories,what one can we say with certainty is an appropriate classification for the theft of the checks?

A) ​mala in se
B) ​mala prohibita
C) ​misdemeanor
D) ​felony

Question 80

​Punishing Stan as an example for other is an example of what purpose for punishment?

A) ​special deterrence
B) ​general deterrence
C) ​retribution
D) ​incapacitation