Exam 1: Fundamentals of Criminal Procedure

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

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

Completion: -The __________ criminal law prohibits certain forms of conduct by defining crimes and establishing the parameters of penalties.

Congress has passed a law making it a crime for a person who does not have automobile liability insurance to operate a motor vehicle anywhere in the United States. The penalty for violating the statute is a fine of $1000 and/or a term of incarceration of thirty days. A group of citizens and several state governments have brought suit to challenge the constitutionality of this statute. -The crime defined by the statute under review is a:

Critical Thinking: After drinking a six-pack of beer with friends on Halloween night, Taylor Brady is seen throwing rocks at a car belonging to Carson Pullman, a neighbor with whom Brady has had disagreements in the past. The police are called to the scene and, after questioning Brady and several witnesses, take Brady into custody. At the station house, they administer a blood alcohol test, which indicates that Brady's blood alcohol level is .09%. Taylor is charged with public intoxication. -At his first appearance in court, Taylor claims that he was improperly questioned by police because they did not advise him of his right to remain silent. This is a question of:

Completion: -Most civil wrongs are classified as breaches of contracts or _________.

In contrast to Roman law systems, which are based on legal codes, the English common law developed primarily through _____________.

A misdemeanor is considered more serious than a felony.

Completion: -The basic principles of the American constitutional system are constitutional supremacy, federalism and _____________________.

Completion: -Trial courts make factual determinations and apply settled law to those facts, while ________ courts interpret and develop the law.

To convict a person of a crime, a court must find that person is guilty __________.

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

Completion: -___________ does not refer to a person's motive or reason for acting, but merely to his or her having formed a mental purpose to commit a criminal act.

As society becomes more cognizant of the rights of crime victims, courts are increasingly likely to require that persons convicted of crimes ____________.

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

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

In many states, community service is required as part of a (an) ____________ in which first-time nonviolent offenders are offered the opportunity to avoid prosecution.

Completion: -Procedural due process contains two basic elements: fair notice and _____________.

Completion: -One of the most basic tenets of criminal procedure is the presumption of _______________.

Which of the following crimes is a misdemeanor?