Exam 1: Fundamentals of Criminal Procedure

Article I, Sections 9 and 10 of the United States Constitution prohibit Congress and the state legislatures, respectively, from enacting ____________.

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

All criminal sanctions must be consistent with the 8th Amendment prohibition of cruel and unusual punishments.

Completion: -In the sixth century A.D., the Code of _____ was promulgated throughout the Roman Empire.

Completion: -The Napoleonic Code, promulgated in 1804 as a codification of all the civil and criminal laws of France, was based in large part on the ______________.

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. -In this case, a sentence of probation might involve the condition that Taylor:

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

By 1600, the English common-law judges had defined as felonies the crimes of murder, manslaughter, mayhem, robbery, burglary, arson, larceny, rape, suicide, and ____________.

The federal government has adopted the common law of crimes.

A defendant in a criminal case is presumed innocent and to obtain a conviction the prosecution must establish the defendant's guilt beyond a reasonable doubt.

Retribution refers to an order that an offender compensate his or her victim financially.

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 __________.

Which of the following offenses is an example of a strict liability crime?

Completion: -The common-law doctrine of following precedent, known as ___________, remains an important component of both the English and American legal systems.

Completion: -Of the fifty states, ____________ is the only one whose legal system is not based essentially on the common law. Rather, it is based primarily on the Napoleonic Code.