Question 1

The _____________Amendment guarantees the right to confront any prosecution witnesses.

Accepted Answer

The Sixth Amendment states that "in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him." This means the accused has the right to question or cross-examine any witnesses who testify against them in court, which is an important protection of the accused's rights in a criminal trial.

Question 2

Which constitutional amendment outlaws illegal searches and seizures by police

Accepted Answer

The Fourth Amendment of the United States Constitution outlaws illegal searches and seizures by police. It states that individuals have the right to be secure in their persons, houses, papers, and effects, and that no warrants shall be issued without probable cause and a description of the place to be searched and the persons or things to be seized.

Question 3

CASE 4.1
Johnny has been burglarizing houses since he was 12 years old. He is now 25 years old, and he is becoming more violent in his crimes. Now he actually commits his burglaries when people are home, and he is in possession of a firearm when he commits his burglaries. The elements of an armed burglary include:
• Willfully entering a dwelling.
• Be armed or arming oneself after entering the house or committing an assault on a person who is lawfully in the house.
• Knowingly and intentionally committing the crime.
-Johnny is looking at spending many years in prison if he is convicted of the most recent armed burglary of which he is accused. Because of the potential punishment, the crime of armed burglary most like qualifies as a:

Accepted Answer

Armed burglary is a serious offense that involves entering a dwelling with a weapon and the intent to commit a crime. The potential punishment for such a crime typically includes significant prison time, indicating that it is a felony rather than a misdemeanor, violation, or tort.

Question 4

Which classification of crime is punishable by death

Accepted Answer

Felonies are the most serious classification of crime and in some jurisdictions, certain types of felonies such as murder or treason, may be punished by death. Misdemeanors are less serious crimes and are typically punishable by a fine, community service, or a short jail sentence. Strict liability crimes do not involve intent and typically have less severe punishments, such as a fine, and offenses are minor violations, often punishable by a fine.

Question 5

Which determines what types of conduct constitute felonies or misdemeanors

Accepted Answer

Statutes, which are created by legislative bodies such as Congress or state assemblies, determine what types of conduct constitute felonies or misdemeanors. Common law, judges, and the U.S. Constitution may also play a role in this determination, but statutes are the primary source of criminal law in the United States.

Question 6

If a police officer shoots an armed suspect, which defense is the most appropriate to use

Accepted Answer

Necessity is the most appropriate defense to use in this situation because it allows the police officer to argue that they were justified in using deadly force to prevent the suspect from harming themselves or others.

Question 7

Which of the following would constitute an example of an ex post facto law

Accepted Answer

The answer of Which of the following would constitute an...

Question 8

CASE 4.2
Adam is a 16-year-old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bipolar disorder. One afternoon, Adam goes to the high school that he once attended. He brings his father's revolver and attempts to shoot a few of his former classmates and a teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify him through the school's video surveillance.
-Adam tells his attorney he should not be responsible for these charges because he was drunk when he went to the school to commit these offenses and that he did not know what he was doing. Under which circumstance would Adam possibly have a legitimate defense of intoxication

Accepted Answer

Adam would have a legitimate defense of intoxication if he unknowingly consumed alcohol that was spiked with rum (which mixed with his medication for his bipolar disorder). In this case, he would not have been aware of the effects of the alcohol and could not have formed the necessary intent to commit the offenses. However, if he voluntarily consumed alcohol, even if it was left unlocked or served to him by his mother, it would not be a legitimate defense for his actions. Similarly, drinking only beer instead of vodka would not be a valid defense.

Question 9

In order for a robbery to occur, the robber must acquire the victim's possessions. This is referred to as:

Accepted Answer

Asportation refers to the act of taking or carrying away someone else's property without their consent. This is a key element of robbery, as the perpetrator must physically acquire the victim's possessions in order for the crime to occur. Confiscation, strict liability, and transportation are not directly related to the act of robbing someone.

Question 10

During their investigation of the murder of Carl's wife, the police conduct a search of Carl's home without first procuring a warrant. Carl asserts that the police search was unlawful and a violation of which type of law

Accepted Answer

The police search without a warrant is a violation of procedural criminal law, which governs the legal processes followed by law enforcement officials and the courts in investigating and prosecuting crimes. Substantive criminal law defines the offenses and punishments for criminal actions, civil law concerns legal disputes between individuals, and public law regulates the relationship between individuals and the government.

Question 11

CASE 4.1
Johnny has been burglarizing houses since he was 12 years old. He is now 25 years old, and he is becoming more violent in his crimes. Now he actually commits his burglaries when people are home, and he is in possession of a firearm when he commits his burglaries. The elements of an armed burglary include:
• Willfully entering a dwelling.
• Be armed or arming oneself after entering the house or committing an assault on a person who is lawfully in the house.
• Knowingly and intentionally committing the crime.
-In addition to armed burglary charges, Johnny is being investigated for statutory rape charges. He has been having sexual relations with his girlfriend, who is 14 years of age. She lied to Johnny and told him she was 19 years old. Prosecutors are able to prove that she is 14 years of age, which means she is younger than the age of consent for sexual intercourse in the jurisdiction where the sexual relations took place. Johnny claims that he should not be charged with this crime because he did not have the intent to commit a crime. He claims it was an honest mistake because his girlfriend looks a lot older. According to the law, Johnny can still be held responsible for his actions because this crime qualifies as a:

Accepted Answer

Statutory rape is a strict liability crime, meaning that the defendant can be held responsible for the crime regardless of their intent or knowledge of the victim's age. It is the defendant's responsibility to ensure that their sexual partner is of legal age. Therefore, Johnny's claim of an honest mistake is not a valid defense for this crime.

Question 12

During an argument, Carl murders his wife. The act of murder is a violation of which type of law

Accepted Answer

Substantive criminal law defines what behavior is considered criminal and outlines the punishment for those crimes. Murder is a criminal offense that is prohibited by substantive criminal law.

Question 13

Which of the following is not considered an excuse defense

Accepted Answer

The other three choices (Duress, Insanity, and Intoxication) are all considered excuse defenses, which seek to mitigate or excuse criminal liability by arguing that the defendant lacked the necessary intent or agency to commit the crime due to external factors. Self-defense, on the other hand, is considered a justification defense, which argues that the defendant's actions were not criminal because they were necessary to protect themselves or others from harm.

Question 14

Which of the following is not considered an element of procedural law

Accepted Answer

The self-defense doctrine is a principle of substantive criminal law, not procedural law. Procedural law deals with the rules and mechanics of the legal process, such as the right to counsel or rules of evidence. The right to remain silent, laws prohibiting search and seizure, and laws limiting bail amounts are all elements of procedural law.

Question 15

Which element of a crime is not required for strict liability crimes

Accepted Answer

Mens rea, or the intent to commit a crime, is not required for strict liability crimes. These types of crimes involve actions that are inherently dangerous or risky (such as selling alcohol to a minor) and are considered "mala prohibita" offenses, meaning they are illegal simply because the law says so. Stare decisis is a legal principle referring to the importance of precedent, while actus reus is the physical act of committing a crime.

Question 16

Mike walks in to a bank with a handgun. He approaches one of the tellers, flashes the gun, hands her a paper sack, and demands she fill the sack with money. By physically committing this act of robbery, Mike has satisfied which of the requirements for conviction

Accepted Answer

Actus reus refers to the physical act of committing a crime, in this case, the robbery committed by Mike. Mens rea refers to the mental state or intent behind the crime, which is not mentioned in this scenario. Strict liability and reckless endangerment are not applicable to this situation.

Question 17

CASE 4.2
Adam is a 16-year-old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bipolar disorder. One afternoon, Adam goes to the high school that he once attended. He brings his father's revolver and attempts to shoot a few of his former classmates and a teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify him through the school's video surveillance.
-In the jurisdiction where Adam is being charged with attempted murder, they use the Irresistible Impulse test in determining insanity. What are the requirements of the Irresistible Impulse test

Accepted Answer

The Irresistible Impulse test requires that the defendant knew that his actions were illegal, but because of a mental impairment, he couldn't control his behavior.

Question 18

Due process can be divided into two distinct categories. These include:

Accepted Answer

Due process is a constitutional principle that requires fair treatment and legal procedures to protect the rights of individuals in judicial and administrative proceedings. Substantive due process is concerned with the fairness of the laws themselves, while procedural due process is concerned with the procedures used by the government or court system in enforcing those laws. Therefore, option A is the best choice. Option B is incorrect because state and federal jurisdiction refers to the division of authority between state and federal governments. Option C is incorrect because criminal and appellate proceedings are types of cases, not categories of due process. Option D is incorrect because felony and misdemeanor refer to types of crimes, not categories of due process.

Question 19

Mike's intent to rob the bank satisfies which of the requirements for conviction

Accepted Answer

Mens rea refers to the mental state or intent of the individual committing the crime. Mike's intent to rob the bank fulfills this requirement. Actus reus refers to the physical act or behavior of the individual committing the crime, which is not yet established in this scenario. Strict liability and reckless endangerment are not relevant to this scenario.

Question 20

CASE 4.2
Adam is a 16-year-old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bipolar disorder. One afternoon, Adam goes to the high school that he once attended. He brings his father's revolver and attempts to shoot a few of his former classmates and a teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify him through the school's video surveillance.
-Adam is certain that he is not old enough to get in trouble for the crime of attempted murder. His lawyer explains to him that there is a conclusive presumption of incapacity for a child under age ____ and that he is legally allowed to be charged for these crimes.

Accepted Answer

In many jurisdictions, there is a conclusive presumption of incapacity for children under the age of 7, meaning they are presumed incapable of committing a crime due to their age. For Adam, who is 16, this presumption does not apply, allowing for legal charges to be pursued against him for his actions.

Quiz 4: Criminal Law: Substance and Procedure