Question 1

Which of the following penal sanctions is intended to control future conduct in the best interests of the entire community?

Accepted Answer

Regulation is a penal sanction that focuses on controlling future conduct for the benefit of the entire community, as opposed to compensating or restoring the victim or providing treatment to the offender. Regulations are rules or standards enforced by a government or other authority to ensure compliance with certain behaviors or actions. This can include restrictions on activities that pose a danger to public health or safety, such as building codes or environmental regulations.

Question 2

Which of the following penal sanctions is used primarily to prevent undesired conduct and to provide retribution?

Accepted Answer

Punishment is the penal sanction that is primarily used to prevent undesired conduct through deterrence and to provide retribution for the harm caused by the offender. Restitution is primarily used to compensate the victim for the harm caused by the offender. Regulation is used to establish rules and standards for behavior and to ensure compliance with them. Treatment is used to address underlying issues that may have contributed to the offender's behavior, such as mental illness or addiction.

Question 3

There are at least three different reasons why the U.S.Supreme Court did not make the Fourteenth Amendment incorporate the Bill of Rights for approximately 100 years.Three are listed below.Which of the following is NOT one of the reasons listed in your textbook?

Accepted Answer

There is no evidence that voters' disapproval of trial procedures mandated by provisions in the Bill of Rights played a role in the Supreme Court's decision not to incorporate the Bill of Rights under the Fourteenth Amendment. The other three reasons are listed in the textbook.

Question 4

An arrest warrant is issued only if substantial and trustworthy evidence supports what two conclusions?

Accepted Answer

An arrest warrant is only issued if there is substantial and trustworthy evidence that a violation of the law has been committed, and the person to be arrested committed the violation.

Question 5

The ____ states that excessive bail shall not be required.

Accepted Answer

The Eighth Amendment of the United States Constitution prohibits the government from imposing excessive bail or fines, as well as cruel and unusual punishment.

Question 6

The ____ guarantees a right to a speedy and public trial.

Accepted Answer

The Sixth Amendment guarantees a right to a speedy and public trial. The Fifth Amendment guarantees the right against self-incrimination and the right to due process. The Eighth Amendment prohibits excessive bail and cruel and unusual punishment. The Fourth Amendment protects against unreasonable searches and seizures.

Question 7

Most of the procedural,or due process rights,given to criminal suspects or defendants in the United States are found in:

Accepted Answer

Most of the procedural or due process rights given to criminal suspects or defendants in the United States are found in the Bill of Rights. The Bill of Rights consists of the first ten amendments to the Constitution and is specifically designed to protect the individual rights of Americans. These amendments outline protections such as the right to a fair trial, freedom from self-incrimination, and protection from unreasonable searches and seizures.

Question 8

It was the common-plea decisions made by judges in eyre that formed the body of legal precedent that became known as the:

Accepted Answer

Common-plea decisions made by judges in eyre were the basis of the body of legal precedent that eventually became known as the common law.

Question 9

Which of the following are explorations or inspections,by law enforcement officers,of homes,premises,vehicles,or persons,for the purpose of discovering evidence of crimes or persons who are accused of crimes?

Accepted Answer

Searches involve law enforcement officers exploring or inspecting homes, premises, vehicles, or persons for the purpose of discovering evidence of crimes or persons who are accused of crimes. Warrants are court orders that authorize searches or arrests, arrests involve taking a person suspected of a crime into custody, and seizures involve the confiscation of property that is believed to be connected to a crime.

Question 10

The Supreme Court did not interpret the Fourteenth Amendment as incorporating the Bill of Rights until:

Accepted Answer

The Supreme Court did not interpret the Fourteenth Amendment as incorporating the Bill of Rights until the 1960s with the case of Duncan v. Louisiana in 1968, which incorporated the Sixth Amendment right to a trial by jury in criminal cases. Prior to this, the Supreme Court had applied the Bill of Rights only to the federal government, not to the states, which meant that states were free to disregard many fundamental rights.

Question 11

The principle of using precedents to guide future decisions in court cases is called:

Accepted Answer

The principle of using precedents to guide future decisions in court cases is called stare decisis. This means that decisions made by higher courts become binding authority for lower courts to follow in similar cases.

Question 12

Which of the following refers to the scope of criminal law?

Accepted Answer

The scope of criminal law refers to its specificity. This means that criminal law defines specific behaviors or actions that are considered illegal and punishable by law.

Question 13

Administrative or regulatory agencies are important to the criminal law because:

Accepted Answer

Administrative or regulatory agencies play a crucial role in criminal law by making decisions that have legal force, addressing habitual rule violations through criminal proceedings, and influencing legislatures to enact criminal statutes based on their recommendations.

Question 14

A ____ is a written order from a court directing law enforcement officers to conduct a search or to arrest a person.

Accepted Answer

A search warrant or an arrest warrant is a written order from a court that authorizes law enforcement officers to conduct a search or to arrest a person. A subpoena is a written order that requires a person to appear in court or to produce a document. A writ is a formal written order issued by a court or other body with jurisdiction to perform a specific act or to refrain from performing a certain act. Seizure is the act of taking possession of property or assets as a result of a court order or legal authority.

Question 15

In case law,the decision becomes a potential basis,or ____,for deciding the outcomes of similar cases in the future.

Accepted Answer

Precedent refers to the use of prior court decisions as a basis for deciding similar cases in the future. Stare decisis is a related concept that emphasizes the importance of following precedent in order to promote consistency and predictability in the law. Ordinance refers to a law passed by a local government, and common law refers to legal principles and rules that have developed over time through court decisions. While both of these concepts may be relevant in certain contexts, neither is directly related to the use of precedent in case law.

Question 16

The criminal law of the United States,for the most part,is derived from the laws of:

Accepted Answer

The criminal law of the United States is largely derived from the laws of England, as the American legal system is based on the common law tradition brought over by English colonists. Many of the fundamental principles and concepts of criminal law in the United States, such as the presumption of innocence and the right to a trial by jury, can be traced back to English legal traditions. While there are certainly other legal systems and traditions that have influenced American law in various ways, the English common law is the primary source of criminal law in the United States.

Question 17

Which of the following refers to the way in which the criminal law should be enforced?

Accepted Answer

Uniformity refers to the consistent application of the criminal law across different geographical areas and social groups. This ensures that individuals are not treated unfairly or differently based on their location or status.

Question 18

The ____ protects Americans from "unreasonable searches and seizures."

Accepted Answer

The Fourth Amendment protects Americans from "unreasonable searches and seizures." The amendment requires that law enforcement officials obtain a warrant based on probable cause before conducting a search or seizure of a person's property.

Question 19

A crime is a violation of the____ of a political jurisdiction.

Accepted Answer

A crime is a violation of the penal code, which is the criminal code of a country or state, and it outlines behaviors that are considered illegal and punishable by law. Torts are civil wrongs that may result in a lawsuit for damages, but not criminal charges. Civil law relates to the relationships between individuals or organizations and typically results in monetary compensation rather than criminal punishment. Morals vary between individuals and are not codified into law.

Question 20

Which of the following refers to the legitimate source of criminal law?

Accepted Answer

Politicality refers to the legitimate source of criminal law, which is the government or state that has the authority to make and enforce laws. Specificity refers to the clear and explicit definition of what conduct is prohibited or required by the law, while uniformity and regularity refer to the consistency and predictability of the application and enforcement of the law. However, neither specificity, uniformity, nor regularity specifically refers to the legitimate source of criminal law.

Quiz 4: The Rule of Law