Question 1

In the 20th century:

Accepted Answer

A) all states have abolished common law crimes. 
B) many states have abolished common law crimes but have retained general principles of the common law. 
C) the common law remains in effect in all jurisdictions. 
D) common law crimes are relevant only as a part of our heritage. 
A) all states have abolished common law crimes. 
B) many states have abolished common law crimes but have retained general principles of the common law. 
C) the common law remains in effect in all jurisdictions. 
D) common law crimes are relevant only as a part of our heritage. B

Question 2

Criminal acts that are wrong by their very nature are referred to as:

Accepted Answer

A) administrative crimes. 
B) mala in se. 
C) public crimes. 
D) mala prohibita. 
A) administrative crimes. 
B) mala in se. 
C) public crimes. 
D) mala prohibita. B

Question 3

A presumption is:

Accepted Answer

A) adequate for conviction. 
B) the same thing as a permissive inference. 
C) determined by the judge, not the jury. 
D) a mandatory finding when certain predicate facts are established. 
A) adequate for conviction. 
B) the same thing as a permissive inference. 
C) determined by the judge, not the jury. 
D) a mandatory finding when certain predicate facts are established. D

Question 4

The preponderance of evidence is:

Accepted Answer

A) evidence that raises a reasonable doubt. 
B) clear and convincing evidence. 
C) evidence that makes a fact more likely than not. 
D) a constitutional standard. 
A) evidence that raises a reasonable doubt. 
B) clear and convincing evidence. 
C) evidence that makes a fact more likely than not. 
D) a constitutional standard.

Question 5

According to incapacitation theory, the purpose of criminal punishment is to:

Accepted Answer

A) express community condemnation. 
B) reform criminals into noncriminals. 
C) eliminate an offender's capacity to commit crimes. 
D) vindicate victims' rights. 
A) express community condemnation. 
B) reform criminals into noncriminals. 
C) eliminate an offender's capacity to commit crimes. 
D) vindicate victims' rights.

Question 6

Robinson v.California declared disproportionate punishments to be:

Accepted Answer

A) cruel and unusual. 
B) constitutional. 
C) unconstitutionally vague. 
D) inconsistent with rehabilitation. 
A) cruel and unusual. 
B) constitutional. 
C) unconstitutionally vague. 
D) inconsistent with rehabilitation.

Question 7

The prosecution may use inferences that are:

Accepted Answer

A) rational, that is, the inferred fact logically follows from the evidence. 
B) created by the legislature. 
C) recognized by common law. 
D) reflective of legislative policy. 
A) rational, that is, the inferred fact logically follows from the evidence. 
B) created by the legislature. 
C) recognized by common law. 
D) reflective of legislative policy.

Question 8

A permissive inference is:

Accepted Answer

A) a possible but not mandatory conclusion to be drawn. 
B) available only to the defense, not the prosecution. 
C) unconstitutional in a criminal trial. 
D) not a proper way to prove the corpus delicti. 
A) a possible but not mandatory conclusion to be drawn. 
B) available only to the defense, not the prosecution. 
C) unconstitutional in a criminal trial. 
D) not a proper way to prove the corpus delicti.

Question 9

Corpus delicti is:

Accepted Answer

A) the body of a homicide victim. 
B) established by direct but not circumstantial evidence. 
C) the body of the crime, that is, the fact of its having been committed. 
D) the identity of the criminal. 
A) the body of a homicide victim. 
B) established by direct but not circumstantial evidence. 
C) the body of the crime, that is, the fact of its having been committed. 
D) the identity of the criminal.

Question 10

Critics of deterrence theory maintain that:

Accepted Answer

A) human beings govern their conduct by considering potential punishment. 
B) a major purpose of criminal law is crime prevention. 
C) much human behavior is emotional, not rational. 
D) most criminal conduct is voluntary. 
A) human beings govern their conduct by considering potential punishment. 
B) a major purpose of criminal law is crime prevention. 
C) much human behavior is emotional, not rational. 
D) most criminal conduct is voluntary.

Question 11

Rehabilitation, incapacitation, and deterrence are:

Accepted Answer

A) mutually exclusive purposes of punishment. 
B) essential components of all punishment. 
C) accomplished only through incarceration. 
D) sometimes conflicting, sometimes complementary purposes of punishment. 
A) mutually exclusive purposes of punishment. 
B) essential components of all punishment. 
C) accomplished only through incarceration. 
D) sometimes conflicting, sometimes complementary purposes of punishment.

Question 12

Deterrence theory is based upon the assumption that:

Accepted Answer

A) criminals are beyond society's control. 
B) rehabilitation requires incapacitation. 
C) human beings govern their conduct by considering potential punishment. 
D) rehabilitation is more humane than retribution. 
A) criminals are beyond society's control. 
B) rehabilitation requires incapacitation. 
C) human beings govern their conduct by considering potential punishment. 
D) rehabilitation is more humane than retribution.

Question 13

The original source of our criminal laws was:

Accepted Answer

A) English common law. 
B) Church law. 
C) Roman law. 
D) statutory law. 
A) English common law. 
B) Church law. 
C) Roman law. 
D) statutory law.

Question 14

The doctrine that requires criminal laws to be reasonably specific is known as the:

Accepted Answer

A) ex post facto doctrine. 
B) uniformity doctrine. 
C) void-for-vagueness doctrine. 
D) liberal construction doctrine. 
A) ex post facto doctrine. 
B) uniformity doctrine. 
C) void-for-vagueness doctrine. 
D) liberal construction doctrine.

Question 15

Judicial activism:

Accepted Answer

A) binds courts to stand by prior decisions. 
B) requires courts to defer to legislative intent. 
C) encourages courts to interpret law to achieve social goals. 
D) is relevant only to constitutional interpretation. 
A) binds courts to stand by prior decisions. 
B) requires courts to defer to legislative intent. 
C) encourages courts to interpret law to achieve social goals. 
D) is relevant only to constitutional interpretation.

Question 16

Judicial restraint:

Accepted Answer

A) encourages the courts to enforce good public morals. 
B) binds the courts to follow prior decisions and defer to legislative intent. 
C) is relevant only to constitutional interpretation. 
D) is mandated by the constitution. 
A) encourages the courts to enforce good public morals. 
B) binds the courts to follow prior decisions and defer to legislative intent. 
C) is relevant only to constitutional interpretation. 
D) is mandated by the constitution.

Question 17

The United States has:

Accepted Answer

A) a uniform criminal code. 
B) a common law that supersedes the statutes of individual jurisdictions. 
C) a federal criminal code under which most charges are brought. 
D) variations among jurisdictions in defining crimes and punishments. 
A) a uniform criminal code. 
B) a common law that supersedes the statutes of individual jurisdictions. 
C) a federal criminal code under which most charges are brought. 
D) variations among jurisdictions in defining crimes and punishments.

Question 18

The burden of production in a criminal case requires:

Accepted Answer

A) evidence beyond a reasonable doubt. 
B) some evidence to support a claim. 
C) evidence to rebut the presumption of innocence. 
D) direct, not circumstantial, evidence. 
A) evidence beyond a reasonable doubt. 
B) some evidence to support a claim. 
C) evidence to rebut the presumption of innocence. 
D) direct, not circumstantial, evidence.

Question 19

The vagueness doctrine prohibits laws that:

Accepted Answer

A) violate the ex post facto clause. 
B) violate the constitution in any way. 
C) violate the equal protection clause. 
D) violate the constitutional requirement of due process. 
A) violate the ex post facto clause. 
B) violate the constitution in any way. 
C) violate the equal protection clause. 
D) violate the constitutional requirement of due process.

Question 20

The primary difference between felonies and misdemeanors is:

Accepted Answer

A) the person prosecuted. 
B) the penalty imposed. 
C) whether the victim is an individual or general society. 
D) the court that tries the case. 
A) the person prosecuted. 
B) the penalty imposed. 
C) whether the victim is an individual or general society. 
D) the court that tries the case.

In the 20th century:

Criminal acts that are wrong by their very nature are referred to as:

A presumption is:

The preponderance of evidence is:

According to incapacitation theory, the purpose of criminal punishment is to:

Robinson v.California declared disproportionate punishments to be:

The prosecution may use inferences that are:

A permissive inference is:

Corpus delicti is:

Critics of deterrence theory maintain that:

Rehabilitation, incapacitation, and deterrence are:

Deterrence theory is based upon the assumption that:

The original source of our criminal laws was:

The doctrine that requires criminal laws to be reasonably specific is known as the:

Judicial activism:

Judicial restraint:

The United States has:

The burden of production in a criminal case requires:

The vagueness doctrine prohibits laws that:

The primary difference between felonies and misdemeanors is:

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against a Person

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

Interrogation and Self-Incrimination

Preliminary Stages of the Prosecution

Pretrial Motions

Trial

Verdict, Punishment, and Judicial Review

Filters

Exam 1: Defining and Proving Crimes

In the 20th century:

Criminal acts that are wrong by their very nature are referred to as:

A presumption is:

The preponderance of evidence is:

According to incapacitation theory, the purpose of criminal punishment is to:

Robinson v.California declared disproportionate punishments to be:

The prosecution may use inferences that are:

A permissive inference is:

Corpus delicti is:

Critics of deterrence theory maintain that:

Rehabilitation, incapacitation, and deterrence are:

Deterrence theory is based upon the assumption that:

The original source of our criminal laws was:

The doctrine that requires criminal laws to be reasonably specific is known as the:

Judicial activism:

Judicial restraint:

The United States has:

The burden of production in a criminal case requires:

The vagueness doctrine prohibits laws that:

The primary difference between felonies and misdemeanors is:

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against a Person

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

Interrogation and Self-Incrimination

Preliminary Stages of the Prosecution

Pretrial Motions

Trial

Verdict, Punishment, and Judicial Review

Filters