Question 1

Which of the following is not a justification defense?

Accepted Answer

Duress is considered an excuse defense, not a justification defense.

Question 2

Which standard of the insanity defense excuses a person who was so ill at the time of the crime that they could not use reason to tell right from wrong?

Accepted Answer

The M'Naghten rule states that a defendant is not guilty by reason of insanity if, at the time of the crime, they were suffering from a severe mental illness that either prevented them from understanding the nature and quality of their actions or from knowing right from wrong.

Question 3

The ______ Amendment guarantees the defendant the right to a speedy and public trial by an impartial jury.

Accepted Answer

The Sixth Amendment to the United States Constitution guarantees the right to a speedy and public trial by an impartial jury.

Question 4

Which of the following is not one of the controversial provisions of the PATRIOT ACT that President Obama extended?

Accepted Answer

The PATRIOT Act includes several controversial provisions such as the lone wolf provision, the business records provision, and the roving wiretaps provision, which were extended by President Obama. However, "the monitoring communication provision" is not specifically named as one of the controversial provisions of the PATRIOT Act that was extended by him.

Question 5

Crime is generally grouped into three basic categories. They are:

Accepted Answer

Crime is typically categorized into three main types: felonies, misdemeanors, and violations. Felonies are the most serious, followed by misdemeanors, with violations being the least serious.

Question 6

Whether the defense of intoxication is effective depends on:

Accepted Answer

The effectiveness of the intoxication defense often hinges on whether the defendant voluntarily consumed drugs or alcohol. Voluntary intoxication may negate specific intent in some jurisdictions, but involuntary intoxication is more widely accepted as a defense.

Question 7

The _______ Amendment limits the admissibility of confessions that have been obtained unfairly.

Accepted Answer

The Fifth Amendment to the United States Constitution includes protections against self-incrimination, which limits the admissibility of confessions obtained in a manner that could be considered coercive or unfair.

Question 8

The exclusionary rule is used as part of which protection afforded to the accused by the US Constitution?

Accepted Answer

The exclusionary rule is part of the Fourth Amendment, which protects against unreasonable searches and seizures by requiring any evidence obtained in violation of the Fourth Amendment to be excluded from trial.

Question 9

What element must be present in order for the excuse of necessity to be valid?

Accepted Answer

The excuse of necessity is valid when no means of escape were available and any reasonable person could not have behaved in any other way.

Question 10

Which constitutional amendment bars illegal searches and seizures by police?

Accepted Answer

The Fourth Amendment to the United States Constitution specifically protects citizens from unreasonable searches and seizures by the government, requiring any warrant to be judicially sanctioned and supported by probable cause.

Question 11

The protections offered by the Bill of Rights are applied to the states by the:

Accepted Answer

The Fourteenth Amendment, specifically through its Due Process and Equal Protection Clauses, has been interpreted by the Supreme Court to make most of the protections in the Bill of Rights applicable to the states. This process is known as incorporation.

Question 12

Intoxication and age are examples of:

Accepted Answer

Intoxication and age can be used as legal defenses to negate the required proof of mens rea, which refers to the mental state or intent to commit a crime. These defenses argue that the defendant did not have the necessary intent or understanding due to their age or intoxication level.

Question 13

Excessive bail is prohibited by the:

Accepted Answer

Excessive bail is prohibited by the Eighth Amendment, which states that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Question 14

Which of the following laws would be interpreted as violating constitutional principles that prevent making a person's status a crime?

Accepted Answer

Laws that criminalize a person's status, such as being an alcoholic, violate constitutional principles because they punish an individual for their condition rather than for any specific action or conduct. This is considered unconstitutional under the Eighth Amendment, which prohibits cruel and unusual punishment, as interpreted by the Supreme Court in cases like Robinson v. California (1962).

Question 15

Which of the following is not considered entrapment?

Accepted Answer

Entrapment generally involves law enforcement officers inducing a person to commit a crime they would not have otherwise committed. Posing as drug dealers in known drug areas is considered a legitimate undercover operation, not entrapment, as it does not implant the criminal idea or coerce an individual into committing an offense they were not predisposed to commit.

Question 16

Which of the following is false regarding stand-your-ground laws?

Accepted Answer

Not all states have stand-your-ground laws. The presence and specifics of these laws vary by state, with some states having duty-to-retreat laws instead, which require individuals to attempt to retreat from a dangerous situation before using deadly force.

Question 17

Under common law, there is generally a conclusive presumption of incapacity for a child under the age of:

Accepted Answer

Under common law, there is a conclusive presumption of incapacity for a child under the age of 7, meaning they are presumed incapable of committing a crime due to their age.

Question 18

A bank employee is forced to divert funds into a special account on the threat that failure to cooperate will result in the execution of his or her family. Which defense would be most applicable to this situation?

Accepted Answer

Duress is the most applicable defense in this scenario because it involves a person being forced to commit a crime under the threat of violence or harm to themselves or others, in this case, the employee's family.

Question 19

Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later, Stanley actually kills the girl he spoke about during his sessions with the psychiatrist. In addition to the psychiatrist being tried for the girl's murder, the parents of the deceased sue her for damages because she didn't warn the police of the potential threat. In what categories of law is this case found?

Accepted Answer

This case involves substantive criminal law because it deals with the definition of crimes and punishments (the murder committed by Stanley and the potential legal consequences for the psychiatrist for not reporting the threat). It also involves civil law because the parents are suing for damages, which pertains to private rights and remedies sought through civil actions.

Question 20

Which of the following is false regarding a defense of self-defense?

Accepted Answer

In self-defense, the defendant must have acted under a reasonable belief that they were in danger of imminent harm, not just any type of harm.

Quiz 3: Criminal Law: Substance and Procedure