Question 1

Mala in se offenses include __________.

Accepted Answer

Mala in se offenses refer to crimes that are inherently wrong and morally reprehensible such as rape, arson, and murder. All of these offenses fall under this category.

Question 2

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 other provisions of the Constitution, such as the Due Process Clause and the First Amendment.

Question 3

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

Accepted Answer

Administrative preemption is not a fundamental constitutional principle of the American system of criminal justice. Constitutional supremacy refers to the idea that the Constitution is the highest law in the land and all other laws and actions by government officials must be in accordance with it. Federalism refers to the division of powers between the federal government and state governments. Separation of powers refers to the idea that the three branches of government (legislative, executive, and judicial) are separate and have distinct powers to prevent any one branch from becoming too powerful.

Question 4

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

By 1600, sodomy was considered a felony and was punishable by death in England. It remained so until the 19th century.

Question 5

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. This means that a person cannot be forced to make a statement that admits guilt or indicates involvement in a crime. It is commonly referred to as the "right to remain silent" and is one of the key components of the Miranda warning read to individuals upon arrest.

Question 6

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 prohibit Congress and state legislatures from enacting ex post facto laws, which are laws that retroactively criminalize or increase the punishment for an act that was legal when it was committed. The other options are addressed in other parts of the Constitution, such as the Second Amendment protecting the right to keep and bear arms and the Eighth Amendment prohibiting cruel and unusual punishments. The Establishment Clause of the First Amendment also prohibits laws respecting an establishment of religion.

Question 7

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 many counties may adopt ordinances that define certain criminal violations when authorized by state constitutions or acts of state legislatures. Charters are documents that establish the powers and limitations of a local government, but they do not specifically define criminal violations. Statutes are laws passed by the state legislature, not local governments. Regulations pertain to administrative rules and policies, not criminal violations.

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 colonial and state legislatures in the United States that incorporated the common law of England into the legal systems of those states. As new states came into the Union, their legislatures adopted reception statutes incorporating the common law to the extent that it did not conflict with federal or state constitutions. This helped establish a uniform system of law across the country. Writs of mandamus, bills of attainder, and precedents are not directly related to the incorporation of common law through reception statutes.

Question 9

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 because it does not require the prosecution to prove intent or knowledge. It is enough that the act of selling the alcohol to a minor occurred. The other crimes listed require the prosecution to prove intent, knowledge, or both.

Question 10

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

Accepted Answer

The American Law Institute published the Model Penal Code.

Question 11

Which of the following crimes is a misdemeanor?

Accepted Answer

Disorderly conduct is typically classified as a misdemeanor, while the other crimes listed (grand theft, sexual battery, and burglary) are generally considered more serious and can be classified as felonies.

Question 12

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

Accepted Answer

Stare decisis is the common-law doctrine that requires judges to follow the legal precedents established by prior court decisions. This means that appellate courts generally interpret the law consistent with past decisions in similar cases, and do not deviate from established legal principles without a compelling reason to do so.

Question 13

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 most often exercised by state governments. Sovereignty refers to a state's power to govern itself without interference from external sources. Eminent domain refers to the government's power to take private property for public use, with just compensation. Parens patriae refers to the government's power to act as a protector of those who cannot care for themselves, such as children or mentally ill individuals.

Question 14

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 the crime of treason as levying war against the United States or providing aid and comfort to its enemies.

Question 15

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 development of rules of court procedure by the courts is an example of how the procedural criminal law is promulgated through the judiciary. While regulations and consent decrees may also be promulgated by various governmental bodies, they are not directly related to the development of procedural criminal law. Extraordinary writs are a type of legal remedy that may be used in certain cases, but they are not a method for developing procedural criminal law.

Question 16

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.

Question 17

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

Accepted Answer

Blackstone's Commentaries on the Laws of England became widely used and respected in early America, influencing the development of the American legal system.

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 developed primarily through judicial decisions made by judges in actual court cases. It is based on the principle of precedent, where earlier court decisions serve as guidance for later cases with similar facts or legal issues. Statutes and administrative orders can also have an impact on the common law, but they do not form its core. Royal edicts, on the other hand, are more closely associated with civil law systems and do not play a significant role in the development of the common law.

Question 19

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

Accepted Answer

State legislatures are responsible for defining crimes and punishments within their respective states through the creation and modification of state criminal codes.

Question 20

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

Accepted Answer

The preponderance of evidence standard is used in civil cases, where the burden of proof is lower than in criminal cases. The reasonable doubt standard is used in criminal cases, and it requires the prosecution to prove their case beyond a reasonable doubt. Clear and convincing evidence is a higher standard than preponderance of evidence, but it is still lower than reasonable doubt and is sometimes used in certain civil cases. Totality of circumstances and compelling interest are not standards of proof.

Quiz 1: Fundamentals of Criminal Procedure