Deck 13: Criminal Law and Procedures

Question 1

A wrongful act that is an offense against society as a whole is

A) a tort.
B) a crime.
C) negligence.
D) an intentional tort.

Answer 1

B

Question 2

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 is correct.

Answer 2

D

Question 3

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

A) throw out the case.
B) appoint a lawyer for George, who will be paid for by the government.
C) force George to represent himself in court.
D) lend George the money to hire an attorney.

Answer 3

B

Question 4

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

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

Question 5

A public defender is

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

Question 6

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 7

A public prosecutor is a(n)

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

Question 8

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 is correct.

Question 9

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 10

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.

Question 11

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

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

Question 12

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 is correct.

Question 13

One out of paralegals spends most of his or her work time on criminal law.

A) five
B) ten
C) twenty
D) twenty-five

Question 14

out of five paralegals spends most of his or her work time on criminal law.

A) One
B) Two
C) Three
D) Four

Question 15

Violations of law that are punishable by the state and that are codified by legislatures are broadly called which of the following?

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

Question 16

Every year, people are arrested on criminal charges.

A) more than 10 million
B) about 5,000
C) about 5 million
D) more than 20 million

Question 17

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 18

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 19

Philip is an attorney who is employed by the government to prosecute criminal cases. Philip is a(n)

A) attorney for hire.
B) legal aid.
C) public prosecutor.
D) paralegal.

Question 20

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 is correct.

Question 21

Katie is convicted of arson. Her crime is classified as which of the following?

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

Question 22

Which of the following is not a felony?

A) Murder
B) Rape
C) Failing to pay child support
D) Arson

Question 23

Morgan is convicted of grand larceny. Her crime is classified as which of the following?

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

Question 24

A first-degree felony is not punishable by

A) death.
B) life imprisonment.
C) ten years' imprisonment.
D) five years' imprisonment.

Question 25

A second-degree felony is not punishable by which of the following?

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

Question 26

Amy commits a serious crime and is imprisoned for 35 years. Her crime is classified as a(n)

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

Question 27

The maximum penalty for a capital offense is

A) life imprisonment.
B) death.
C) five years' imprisonment.
D) ten years' imprisonment.

Question 28

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

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

Question 29

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 30

Eric is convicted of rape and sentenced to three years in prison. His crime is classified as which of the following?

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

Question 31

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 32

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 33

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 34

A second-degree felony is not punishable by which of the following?

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

Question 35

Andrea is being tried for murdering Richard. For Andrea to be convicted, which of the following must take place?

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 36

Most crimes are defined by which of the following?

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

Question 37

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 38

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 39

Wilson robs a bank and is sentenced to five years in prison. His crime is classified as which of the following?

A) A misdemeanor
B) An infraction
C) A petty offense
D) None of these choices is correct.

Question 40

Federal crimes are defined by which of the following?

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

Question 41

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 42

William sets a large warehouse on fire. He goes to trial for arson. His act of setting the building on fire is considered the

A) mens rea.
B) actus reus.
C) actus mens.
D) reus mens.

Question 43

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 is correct.

Question 44

Which of the following is an example of a misdemeanor?

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

Question 45

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

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

Question 46

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 47

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 48

Which of the following is a classification of a crime?

A) Felony
B) Misdemeanor
C) Petty offense
D) All of these choices are correct.
E) None of these choices is correct.

Question 49

Which of the following is an example of a misdemeanor?

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

Question 50

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) All of these choices are correct.
E) None of these choices is correct.

Question 51

Elements required for criminal liability include which of the following?

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

Question 52

A building code violation is an example of a

A) first-degree felony.
B) petty offense.
C) capital offense.
D) business crime.

Question 53

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 54

A criminal act can be

A) an act of commission only.
B) an act of omission only.
C) an act of commission or an act of omission.
D) neither an act of commission nor an act of omission.

Question 55

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 56

In criminal law, the least serious kind of wrong is called a(n)

A) misdemeanor.
B) petty offense.
C) felony.
D) infraction.
E) petty offense or an infraction.

Question 57

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

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

Question 58

A misdemeanor is punishable by a maximum of

A) one year of incarceration.
B) death.
C) ten years' imprisonment.
D) five years' imprisonment.

Question 59

Which of the following is an example of a misdemeanor?

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

Question 60

A crime punishable by a fine or imprisonment for up to one year is called a(n)

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

Question 61

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 is correct.

Question 62

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 63

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.

Question 64

Which of the following is an example of an act of omission that is a crime?

A) Failure to file a tax return
B) Failure to register to vote
C) Failure to pay rent
D) None of these choices is correct.

Question 65

A person who is accused of a crime usually offers a reason why he or she should not be found guilty. This is called a

A) defense.
B) rebuttal.
C) mens rea.
D) actus reus.

Question 66

Marlita is accused of robbing her neighbor, but she offers a reason for not being found guilty. This reason is her

A) defense.
B) rebuttal.
C) mens rea.
D) actus reus.

Question 67

Under which of the following doctrines may a court impose liability on a corporate officer for actions of employees under the officer's supervision, regardless of whether he or 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 68

Using deadly force is likely to be deemed reasonable in which of the following situations?

A) Someone tries to steal your purse in a crowded mall.
B) Someone cuts you off when driving.
C) Someone charges at you with a knife.
D) Someone pushes you in a crowd.

Question 69

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 70

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

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

Question 71

The use of reasonable force to protect others from harm is called which of the following?

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

Question 72

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 73

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 which of the following?

A) The corporate criminal doctrine
B) The criminal vicarious liability doctrine
C) The responsible corporate officer doctrine
D) The corporation liability doctrine

Question 74

The most serious type of homicide is which of the following?

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

Question 75

Andrew fails to file his tax return. This is an example of which of the following?

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

Question 76

is a wrongful mental state or intent that is required for criminal liability.

A) Actus reus
B) Mens rea
C) Nolo contendere
D) An alibi

Question 77

Maria commits a crime, but does not have a mens rea. Her act is

A) not legally a crime.
B) a serious crime.
C) punishable by time in a local jail only.
D) punishable by five years in prison.

Question 78

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) an alibi.

Question 79

The least wrongful type of homicide is which of the following?

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

Question 80

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

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