Question 1

In the American legal system, there can be no crime, and no punishment, except as provided by law.

Accepted Answer

This principle is commonly referred to as the principle of legality or the rule of law. It ensures that individuals cannot be punished for conduct that is not clearly prohibited by law, and that any punishment must be proportional to the severity of the offense.

Question 2

In certain instances, a person may be held criminally responsible regardless of intent.

Accepted Answer

There are certain crimes, such as strict liability offenses, where a person can be held criminally responsible even if they did not intend to commit a crime. Examples include traffic violations and selling alcohol or tobacco to minors.

Question 3

All criminal sanctions must be consistent with the 8th Amendment prohibition of cruel and unusual punishments.

Accepted Answer

The 8th Amendment of the United States Constitution prohibits cruel and unusual punishments, and all criminal sanctions (punishments) must be consistent with this constitutional provision.

Question 4

The federal government has adopted the common law of crimes.

Accepted Answer

The federal government has adopted its own statutory law of crimes, which can be found in the United States Code.

Question 5

In Brandenburg v. Ohio (1969), the U.S. Supreme Court struck down a state law prohibiting "criminal syndicalism."

Accepted Answer

In Brandenburg v. Ohio (1969), the U.S. Supreme Court did indeed strike down a state law prohibiting "criminal syndicalism," ruling that such a law violated the First Amendment's protection of free speech.

Question 6

Appellate courts perform an error correction function, but they do not perform a lawmaking function.

Accepted Answer

Appellate courts both correct errors made in lower courts and interpret laws, which can lead to the creation or modification of legal precedents, effectively performing a lawmaking function.

Question 7

The presumption of innocence in a criminal case flows from the broader principle of strict liability.

Accepted Answer

The presumption of innocence in a criminal case does not flow from the principle of strict liability. Rather, it flows from the principle that the burden of proof lies with the prosecution to prove guilt beyond a reasonable doubt. Strict liability, on the other hand, is a legal doctrine that may apply in certain situations where a person can be held responsible for harm caused by their actions regardless of whether they intended the harm or were negligent.

Question 8

"Decisional law" is the body of law developed by appellate courts.

Accepted Answer

Decisional law refers to the law that is created through the decisions of appellate courts, also known as case law or common law.

Question 9

Retribution refers to an order that an offender compensate his or her victim financially.

Accepted Answer

Retribution refers to punishment or penalty imposed on an offender as a form of justice for their wrongdoing, rather than ordering them to compensate their victim financially.

Question 10

The framers of the Constitution invested Congress with "police power" so that it would have unlimited authority to enact criminal laws.

Accepted Answer

The concept of "police power" refers to the power of state governments, not Congress. Congress does have the power to enact criminal laws, but its authority is not unlimited. Congress must operate within the confines of the Constitution and cannot pass laws that violate individual rights or exceed its enumerated powers.

Question 11

American criminal law is derived largely from the English common law.

Accepted Answer

American criminal law has roots in the English common law system, which was brought over to the United States by the early colonists. Many legal principles and concepts, such as the presumption of innocence and the right to trial by jury, are based on English common law. However, over time, American law has developed its own distinctive characteristics and legal precedents.

Question 12

Community service can never be imposed as a condition of pretrial diversion.

Accepted Answer

Community service can be imposed as a condition of pretrial diversion in some jurisdictions.

Question 13

The most important constitutional principle relative to criminal procedure is "due process of law."

Accepted Answer

Due process of law ensures that individuals receive fair treatment under the law and protects their constitutional rights during criminal proceedings. It is a crucial principle in ensuring justice and fairness in the criminal justice system.

Question 14

A "tort" is a very serious crime for which one may be incarcerated in a prison for more than one year.

Accepted Answer

A tort is not a crime, it is a civil wrong for which the victim may seek compensation through a lawsuit. It does not result in imprisonment.

Question 15

A misdemeanor is considered more serious than a felony.

Accepted Answer

This statement is completely false. A misdemeanor is considered less serious than a felony.

Question 16

A defendant in a criminal case is presumed innocent and to obtain a conviction the prosecution must establish the defendant's guilt beyond a reasonable doubt.

Accepted Answer

This is a fundamental principle of the legal system in the United States and many other countries. It is based on the idea that it is better to let a guilty person go free than to wrongly convict an innocent person. The prosecution must meet a high burden of proof to convict someone of a crime.

Question 17

The Bill of Rights was adopted by Congress prior to the ratification of the Constitution.

Accepted Answer

The Bill of Rights was actually added to the Constitution after it was ratified, as a compromise with Anti-Federalists who wanted explicit protection of individual freedoms.

Question 18

The Supreme Court has struck down the practice of plea bargaining because it violates due process of law.

Accepted Answer

The Supreme Court has not struck down the practice of plea bargaining. In fact, plea bargaining is a common and accepted practice in the criminal justice system, although some critics argue that it can lead to coercion and inequality.

Question 19

Our legal system regards crimes as offenses not just against individual victims, but against society as a whole.

Accepted Answer

Crimes are not only seen as harm against individual victims, but also against the larger community and the values it upholds. This is why criminal cases are typically prosecuted by the state or federal government rather than the victims themselves.

Question 20

Congress created the Model Penal Code to replace the common law.

Accepted Answer

The Model Penal Code was created by the American Law Institute, not Congress, as a guideline to assist states in reforming and standardizing their criminal laws, not to replace common law.

Quiz 1: Fundamentals of Criminal Procedure