Deck 12: Criminal Law and Procedures

Question 1

A court-appointed attorney paid by the state to represent a criminal defendant who is unable to afford an attorney is called:

A)A public prosecutor
B)A district attorney
C)The U.S.attorney
D)A public defender

Answer 1

D

Question 2

Sayers is accused of stealing a car.He cannot afford to hire an attorney, so the court appoints a public defender to represent Sayers.The court does this because:

A)Sayers has a right to counsel
B)Anyone accused of stealing a car must have a public defender
C)Sayers has a right to an attorney
D)The judge does not think that Sayers actually stole the car

Answer 2

A

Question 3

Federal crimes are defined by:

A)The U.S.Congress
B)The Senate
C)State legislatures
D)The U.S.Supreme Court

Answer 3

A

Question 4

Most crimes are defined by:

A)The U.S.Congress
B)The Senate
C)State legislatures
D)The U.S.Supreme Court

Question 5

George is accused of robbing a bank and cannot afford to hire an attorney.The court will:

A)Throw out the case
B)Appoint a lawyer for George to be paid for by the government
C)Force George to represent himself in court
D)Lend George the money to hire an attorney

Question 6

An individual acting as a trial lawyer and who initiates and conducts criminal cases in the government's name and on behalf of the people is called:

A)An attorney
B)A public prosecutor
C)A public defender
D)A magistrate

Question 7

Which of the following is a possible penalty for someone found guilty of committing a crime?

A)A fine
B)Imprisonment
C)Death
D)All of these choices are correct

Question 8

A public prosecutor is:

A)An individual acting as a trial lawyer who is employed by the government
B)A private attorney hired by the plaintiff
C)An attorney who only tries criminal cases where the criminal act occurred in a public place
D)None of these choices are correct

Question 9

A wrongful act that is an offense against society as a whole is a(n):

A)Tort
B)Crime
C)Negligence
D)Intentional tort

Question 10

Which of the following is not a term that refers to a public prosecutor?

A)Prosecuting attorney
B)State prosecutor
C)District attorney
D)County attorney
E)None of these choices are correct

Question 11

Which of the following is not a possible penalty for someone found guilty of committing a crime?

A)A fine
B)Imprisonment
C)Death
D)None of these choices are correct

Question 12

Criminal defendants are prosecuted by:

A)Public officials on behalf of the state
B)Public officials on behalf of private individuals
C)Private attorneys on behalf of the state
D)Private attorneys on behalf of private individuals

Question 13

Which of the following is not a term that refers to a public prosecutor?

A)Prosecuting attorney
B)State prosecutor
C)District attorney
D)Field attorney
E)None of these choices are correct

Question 14

The main objective of criminal law is to:

A)Compensate the injured party
B)Punish the wrongdoer to deter others from similar actions
C)Provide tax revenue through fines
D)Compensate the injured party and punish the wrongdoer to deter others from similar actions

Question 15

Violations of law that are punishable by the state and that are codified by legislatures are broadly called:

A)Intentional torts
B)Negligence
C)Strict-liability torts
D)Crimes

Question 16

Megan is accused of murdering Sarah.Megan:

A)Does not have a right to counsel
B)Has a right to counsel
C)Must submit an application for a right to counsel
D)None of these choices are correct

Question 17

A public defender:

A)Is appointed by the court
B)Is not paid
C)Is usually not a full-time lawyer
D)Is usually still in law school

Question 18

In a criminal case, the state must prove its case:

A)By a preponderance of the evidence
B)In no uncertain terms
C)Beyond a reasonable doubt
D)Beyond any conceivable doubt

Question 19

Which of the following is a term that refers to a public prosecutor?

A)Prosecuting attorney
B)State prosecutor
C)District attorney
D)County attorney
E)All of these choices are correct

Question 20

Every year, people are arrested on criminal charges.

A)About 5,000
B)About 5 million
C)More than 10 million
D)More than 20 million

Question 21

A serious crime that may be punished by imprisonment for more than one year or (in some states) death is called:

A)A misdemeanor
B)A felony
C)A petty offense
D)An infraction

Question 22

A third-degree felony is not punishable by:

A)Death
B)Life imprisonment
C)Ten years' imprisonment
D)Five years' imprisonment
E)Death, life imprisonment, and ten years' imprisonment

Question 23

Andrea is being tried for murdering Richard.For Andrea to be convicted:

A)Every juror must be convinced, beyond a reasonable doubt, that Andrea is guilty
B)At least half of the jurors must be convinced, beyond a reasonable doubt, that Andrea is guilty
C)At least two-thirds of the jurors must be convinced, beyond a reasonable doubt, that Andrea is guilty
D)At least three-fourths of the jurors must be convinced, beyond a reasonable doubt, that Andrea is guilty

Question 24

In the Model Penal Code, a crime for which the maximum penalty is five years' imprisonment is called a:

A)Capital offense
B)First-degree felony
C)Second-degree felony
D)Third-degree felony

Question 25

Jill is accused of practicing prostitution.If convicted, she will be guilty of a:

A)Misdemeanor
B)First-degree felony
C)Second-degree felony
D)Third-degree felony

Question 26

A first-degree felony is not punishable by:

A)Death
B)Life imprisonment
C)Ten years' imprisonment
D)Five years' imprisonment

Question 27

The provides for four degrees of felony.

A)Model Penal Code
B)Four Degrees of Felony Code
C)Rules of Felonies
D)Federal Felonies Designations

Question 28

A second-degree felony is not punishable by:

A)Death
B)Life imprisonment
C)Ten years' imprisonment
D)Five years' imprisonment
E)Death and life imprisonment

Question 29

The maximum penalty for a capital offense is:

A)Life imprisonment
B)Death
C)Five years' imprisonment
D)Ten years' imprisonment

Question 30

A misdemeanor is punishable by a maximum of:

A)One year of incarceration
B)Death
C)Ten years' imprisonment
D)Five years' imprisonment

Question 31

Andy is convicted of committing a misdemeanor.He is punished by incarceration for six months.He will serve his time in:

A)A federal prison
B)A local jail
C)A state prison
D)A federal work facility

Question 32

A crime punishable by a fine or imprisonment for up to one year is called:

A)A misdemeanor
B)A felony
C)A petty offense
D)An infraction

Question 33

In the Model Penal Code, a crime for which the maximum penalty is life imprisonment is called a:

A)Capital offense
B)First-degree felony
C)Second-degree felony
D)Third-degree felony

Question 34

Which of the following is an example of a misdemeanor?

A)Murder
B)Disturbing the peace
C)Attempted murder
D)Grand larceny

Question 35

In the Model Penal Code, a crime for which the maximum penalty is ten years' imprisonment is called a:

A)Capital offense
B)First-degree felony
C)Second-degree felony
D)Third-degree felony

Question 36

Will is accused of disturbing the peace.If convicted, he will be guilty of a:

A)Misdemeanor
B)First-degree felony
C)Second-degree felony
D)Third-degree felony

Question 37

Which of the following is an example of a misdemeanor?

A)Murder
B)Prostitution
C)Attempted murder
D)Grand larceny

Question 38

Which of the following is an example of a misdemeanor?

A)Public intoxication
B)Murder
C)Attempted murder
D)Grand larceny

Question 39

In the Model Penal Code, a crime for which the maximum penalty is death is called a:

A)Capital offense
B)First-degree felony
C)Second-degree felony
D)Third-degree felony

Question 40

Margaret is accused of public intoxication.If convicted, she will be guilty of a:

A)Misdemeanor
B)First-degree felony
C)Second-degree felony
D)Third-degree felony

Question 41

Which of the following is not an example of a misdemeanor?

A)Disturbing the peace
B)Prostitution
C)Public intoxication
D)None of these choices are correct

Question 42

Corporate officer Thomas did not know that his employees were committing criminal acts to increase company profits.A court imposes criminal liability on him anyway because of the:

A)Corporate criminal doctrine
B)Criminal vicarious liability doctrine
C)Responsible corporate officer doctrine
D)Corporation liability doctrine

Question 43

Which of the following is usually considered a subset of misdemeanors?

A)Petty offenses
B)Capital offenses
C)Infractions
D)Petty offenses and infractions

Question 44

A person who is accused of a crime usually offers a reason why she should not be found guilty.This is called a(n):

A)Defense
B)Rebuttal
C)Mens rea
D)Actus reus

Question 45

In criminal law, the least serious kind of wrong is called:

A)A misdemeanor
B)A petty offense
C)A felony
D)An infraction
E)A petty offense and an infraction

Question 46

Which of the following is a reason that a criminal defendant may offer to assert that they lacked the required degree of criminal intent for the crime?

A)Insanity
B)Duress
C)Mistake
D)All of these choices are correct

Question 47

Under which of the following doctrines may a court impose liability on a corporate officer for actions of employees under her supervision regardless of whether she participated in, directed, or even knew about those actions?

A)Corporate criminal doctrine
B)Criminal vicarious liability doctrine
C)Responsible corporate officer doctrine
D)Corporation liability doctrine

Question 48

A building code violation is an example of a:

A)First degree felony
B)Petty offense
C)Capital offense
D)Business crime

Question 49

A criminal act can:

A)Be an act of commission only
B)Be an act of omission only
C)Be an act of commission or an act of omission
D)Be neither an act of commission or an act of omission

Question 50

Which of the following is a classification of a crime?

A)Felonies
B)Misdemeanors
C)Petty offenses
D)Felonies and misdemeanors
E)All of these choices are correct

Question 51

Usually, if there is no mens rea for a particular crime then:

A)There is no crime
B)The prison sentence is likely to be shortened
C)The public defender will not be paid
D)The crime will be classified as a third degree felony

Question 52

All persons accused of a crime:

A)Must provide a defense
B)Need not provide a defense
C)Need not appear in court
D)Must pay for an attorney

Question 53

Which of the following is an element required for criminal liability?

A)Actus reus
B)Nolo contendere
C)Mens rea
D)Alibi
E)Actus reus and mens rea

Question 54

Andrew fails to file his tax return.This is an example of:

A)An omission that is a crime
B)A commission that is a crime
C)A tort
D)A capital offense

Question 55

The least wrongful type of homicide is:

A)Murder in the first degree
B)Murder in the second degree
C)Voluntary manslaughter
D)Involuntary manslaughter

Question 56

The most serious type of homicide is:

A)Murder in the first degree
B)Murder in the second degree
C)Voluntary manslaughter
D)Involuntary manslaughter

Question 57

Which of the following would be considered a federal crime?

A)A crime that is defined by federal law or a federal agency
B)A crime that occurs outside the jurisdiction of a state
C)A crime that interferes with the operation of the federal government or its agent
D)A crime that is defined by federal law or a federal agency and a crime that
E)All of these choices are correct

Question 58

Which of the following is not an example of a misdemeanor?

A)Disturbing the peace
B)Prostitution
C)Public intoxication
D)Grand larceny

Question 59

A guilty act, the commission of which is an element required for criminal liability, is called:

A)Mens rea
B)Actus reus
C)Actus mens
D)Reus mens

Question 60

A wrongful mental state or intent that is required for criminal liability is called:

A)Actus reus
B)Mens rea
C)Nolo contendere
D)Alibi

Question 61

The common law doctrine that you have a right to defend your home, yourself, your property, or an innocent person from the illegal acts of another is the basis for the:

A)Castle doctrine
B)House doctrine
C)Self-defense doctrine
D)Reasonable force doctrine

Question 62

Which of the following is not one of the five traditional categories of crimes?

A)Violent crime
B)Property crime
C)Public order crime
D)Fiscal crime

Question 63

An intruder enters Carol's home and threatens her with a knife.Carol:

A)Has a duty to retreat
B)Has a duty to avoid conflict
C)Has a right to stand her ground
D)Cannot use reasonable force against the intruder unless she calls the police first

Question 64

Traditionally, there are broad categories of crimes.

A)Two
B)Three
C)Five
D)Ten

Question 65

Which of the following are defenses to criminal liability?

A)Self-defense, defense of property, actus reus, alibi
B)Defense of others, deadly force, defense of property, statute of limitations
C)Alibi, self-defense, mistaken identity, statute of limitations
D)Mens rea, alibi, actus reus, statute of limitations

Question 66

Silvia walks into a convenient store, points a gun at the clerk, and takes all the money from the cash register.Silvia is likely to be accused of:

A)Robbery
B)Larceny
C)Forgery
D)Attempted murder

Question 67

Which of the following is not a reason that a criminal defendant may offer to assert that they lacked the required degree of criminal intent for the crime?

A)Insanity
B)Duress
C)Mistake
D)None of these choices are correct

Question 68

Every person has the right to use reasonable force in:

A)Self-defense
B)Defense of others
C)Defense of property
D)All of these choices are correct

Question 69

The legally recognized privilege to protect oneself from injury by another using the force that is reasonably necessary under the circumstances is called:

A)Defense of others
B)Self-defense
C)Defense of property
D)None of these choices are correct

Question 70

A felony is:

A)A crime punishable by death only
B)A crime punishable by imprisonment for more than one year
C)A crime punishable by imprisonment for less than one year
D)None of these choices are correct

Question 71

The use of reasonable force to protect others from harm is called:

A)Self-defense
B)Defense of others
C)Defense of property
D)Due process of law

Question 72

The taking of money, personal property, or any other article of value from a person by means of force or fear is called:

A)Burglary
B)Robbery
C)Larceny
D)Obtaining goods by false pretenses

Question 73

Which of the following is not one of the five broad categories of crimes?

A)Violent crime
B)Property crime
C)Cyber crime
D)White-collar crime

Question 74

Jacob tries to steal Martha's purse in a shopping mall.Martha pulls a pistol out of her purse and shoots Jacob.Martha's use of force is:

A)Unlikely to be deemed reasonable
B)Likely to be deemed reasonable
C)Certain to be deemed reasonable
D)Legal only in Texas, Oklahoma, and Nevada

Question 75

The use of reasonable force to protect one's property from harm threatened by another is called:

A)Self-defense
B)Defense of others
C)Defense of property
D)Alibi

Question 76

The use of reasonable force is not allowed in:

A)Self-defense
B)Defense of others
C)Defense of property
D)None of these choices are correct

Question 77

Which of the following is one of the five traditional categories of crimes?

A)Civil crime
B)Property crime
C)Tort crime
D)Fiscal crime

Question 78

Jennifer is walking along a crowded downtown street.Suddenly, from behind, someone grabs her purse.Jennifer pulls a gun out of her pocket and shoots and kills her assailant.Would Jennifer be able to use the privilege of self-defense?

A)Yes, the force was justified under the circumstances
B)No, deadly force may be used only if someone is about to take another's life
C)Yes, the thief deserved it
D)No, vigilantes are not accepted by our society

Question 79

A misdemeanor is:

A)A crime punishable by death only
B)A crime punishable by imprisonment for more than one year
C)A crime punishable by imprisonment for less than one year
D)None of these choices are correct

Question 80

Bill and Bob are walking down the street when a man runs up waving a knife and yelling that he is going to kill Bob.Bill shoots the man.Bill's use of force is:

A)Unlikely to be deemed reasonable
B)Likely to be deemed reasonable
C)Certain to be deemed reasonable
D)Legal only in Texas, Oklahoma, and Nevada