Deck 3: Criminal Justice and the Rule of Law

Question 1

Entrapment is one of the seven principles of substantive criminal law.

Answer 1

False

Question 2

All societies and cultures base their criminal law on the same principles.

Answer 2

False

Question 3

If a person did not have mens rea, then he or she cannot be found guilty, with the exception of strict liability offenses.

Answer 3

True

Question 4

The Bill of Rights has always protected individuals' rights at the state level.

Question 5

Entrapment cannot be used as a defense in a criminal trial.

Question 6

In Robinson v.California (1962), the Supreme Court struck down a law that made it a crime to be addicted to drugs.

Question 7

The Supreme Court of the United States may favor guilty people by ordering new trials.

Question 8

It is unconstitutional to use a police dog to search for illegal drugs.

Question 9

The Bill of Rights has been completely incorporated and applied to the states.

Question 10

The due process and equal protection clauses are found in the Fourteenth Amendment.

Question 11

To be a crime, an act must cause harm to some legally protected value.

Question 12

According to the Fifth Amendment's double jeopardy clause, a defendant may be subject to a maximum of two prosecutions for a single offense within the same jurisdiction.

Question 13

Procedural due process requires that accused persons must be tried in accordance with legal procedures.

Question 14

In the United States, criminal laws dictate punishments for those who violate the terms of a contract with another individual.

Question 15

The insanity defense is used in most cases in the American criminal justice system.

Question 16

Ignorance of the law can be used as a defense in a criminal trial.

Question 17

Public opinion surveys have indicated that Americans would like courts to focus more on protection of rights than guaranteeing offenders are punished.

Question 18

An intoxicated individual cannot be found guilty of committing a crime.

Question 19

The Amendments to the Constitution have been passed down to the states through the process of information.

Question 20

Felonies are punishable by more than one year in prison.

Question 21

Actus rea means that for a crime to occur there must be an act of either commission or omission by the accused.

Question 22

Even though the Constitution guarantees the right to a public trial, courts may place limits on how many members of the public may view each trial.

Question 23

Procedures criminal justice professionals must follow in enforcement, adjudication, and corrections are:

A) procedural criminal law.
B) substantive criminal law.
C) constitutional criminal law.
D) civil law.
E) tort law.

Question 24

The definitions of crimes and people eligible for punishment are spelled out in:

A) procedural criminal law.
B) substantive criminal law.
C) constitutional criminal law.
D) fundamental criminal law.
E) administrative criminal law.

Question 25

The contemporary Supreme Court tends to favor law enforcement over the rights of the criminal defendant.

Question 26

Most of the justices on the current Supreme Court are women.

Question 27

Double jeopardy does not apply when offenders commit offenses that can be considered violations of both state and federal law.

Question 28

Offensive and harmful behaviors are almost always illegal.

Question 29

Crimes usually considered and punished by more than a year in state or federal prison are called:

A) felonies.
B) misdemeanors.
C) civil infractions.
D) criminal elements.
E) infractions.

Question 30

The current Supreme Court sees itself as the champion of the rights of the criminal defendant.

Question 31

Which of the following indicates that for a crime to occur there must be an act of commission or omission by the accused?

A) mens rea
B) inchoate offense
C) defamation
D) actus reus
E) concurrence

Question 32

Crimes that are usually punished by a sentence of less than a year in jail, probation, and or/fines are called:

A) felonies.
B) misdemeanors.
C) civil infractions.
D) criminal elements.
E) maxi-maxi felonies.

Question 33

Self-incrimination occurs when an offender provides information about his or her guilt in a criminal offense.

Question 34

The duress defense is used when people break the law in order to save themselves or prevent some greater harm.

Question 35

In jury trials, the composition of the jury must match the characteristics of the offender with regard to race, age, and socioeconomic status.

Question 36

Under the Fifth Amendment, states are required to use grand juries in the criminal justice process.

Question 37

The accountability of an individual for a crime because of their characteristics and the circumstances of the illegal act is called:

A) legal responsibility.
B) civil law.
C) cooperative law.
D) procedural responsibility.
E) real estate law.

Question 38

For a crime to have been committed, there must be a causal relationship between an act and the harm suffered.

Question 39

Minor offenses that are typically punishable by small fines and that produce no criminal record for the offender are called:

A) felonies.
B) misdemeanors.
C) civil infractions.
D) criminal elements.
E) civil elements.

Question 40

If victims wish to recoup their losses following a crime, they must rely on:

A) substantive criminal law.
B) procedural criminal law.
C) real estate law.
D) civil law.
E) cooperative law.

Question 41

Which of the following statements about the insanity defense is TRUE?

A) A large number of criminals escape punishment using the insanity defense.
B) Every state in the United States has an option for defendants to claim insanity.
C) The insanity defense is rarely used by defendants.
D) The American criminal system has banned the use of the insanity defense.
E) Defendants who claim insanity must be incarcerated in prisons rather than mental hospitals.

Question 42

A person cannot be forced to respond to questions in which the answers may reveal that they may have committed a crime.This is called:

A) double jeopardy.
B) self-incrimination.
C) fundamental fairness.
D) incorporation.
E) jurisprudence.

Question 43

In a criminal prosecution, the accused shall enjoy the right to a speedy and public trial, an impartial jury, and to confront witnesses, which is protected by which amendment?

A) First Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Sixth Amendment
E) Eighth Amendment

Question 44

Which of the following landmark U.S.Supreme Court cases required courts to provide attorneys for poor defendants facing the death penalty?

A) Robinson v.California (1962)
B) The Queen v.Dudley and Stephens (1884)
C) Barron v.Baltimore (1833)
D) Gideon v.Wainwright (1963)
E) Powell v.Alabama (1932)

Question 45

The main purpose of the Comprehensive Crime Control Act of 1984 was:

A) to strengthen laws regarding violence against women.
B) to allow police departments to hire more officers.
C) to limit the insanity defense to those with severe mental disease or defect.
D) to punish federal offenders who cross state lines.
E) to allow a maximum incarceration length of 50 years for homicide.

Question 46

What distinguishes the defense of self-defense from the defense of necessity?

A) Necessity occurs when an individual must harm an aggressor to ward off an attack.For self-defense, this is not the case.
B) Necessity occurs when an offender has an incompetent attorney.For self-defense, this is not the case.
C) Necessity occurs when an offender is tricked into committing a crime.For self-defense, this is not the case.
D) Necessity occurs when offenders must break the law in order to save themselves or prevent some greater harm.For self-defense, this is not the case.
E) Necessity and self-defense are the same thing.

Question 47

Which of the following terms is used to distinguish murder from manslaughter?

A) degree of harm
B) malice aforethought
C) criminal negligence
D) personal responsibility
E) actus reus

Question 48

A guilty or blameworthy state of mind describes the element of:

A) mens rea.
B) inchoate offense.
C) defamation.
D) actus reus.
E) causation.

Question 49

The Sixth Amendment to the U.S.Constitution guarantees that defendants have the right to a public and speedy trial, as well as to:

A) protection from unreasonable search and seizure.
B) freedom of speech.
C) reasonable bail.
D) assistance of counsel.
E) the right to bear arms.

Question 50

Lack of intent can be demonstrated by proving the occurrence of which of the following?

A) actus reus
B) mens rea
C) entrapment
D) insanity
E) duress

Question 51

Which type of defense involves an individual's action, which is socially acceptable under the circumstances despite causing harm?

A) excuse defense
B) justification defense
C) procedural defense
D) civil defense
E) necessity defense

Question 52

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizure is found in the:

A) First Amendment.
B) Second Amendment.
C) Third Amendment.
D) Fourth Amendment.
E) Fifth Amendment.

Question 53

According to this protection, an individual can only be subjected to one prosecution or punishment for a single offense in the same jurisdiction.

A) double jeopardy
B) self-incrimination
C) fundamental fairness
D) incorporation
E) jurisprudence

Question 54

The idea that an accused cannot be criminally responsible if the crime was the result of mental disease or mental defect is known as the:

A) Durham rule.
B) M'Naghten rule.
C) substantial capacity test.
D) irresistible impulse test.
E) model penal code.

Question 55

The elements of a crime consist of:

A) actus reus, inchoate offense, and concurrence.
B) mens rea, actus rea, and punishment.
C) attendant circumstances, mens rea, and actus reus.
D) actus reus, causation, and inchoate offense.
E) mens rea, inchoate offense, and legality.

Question 56

Entrapment occurs when:

A) the accused claims mental illness.
B) the accused acts in self-defense.
C) the accused must commit the act to survive.
D) the accused is lured into crime by the police.
E) the accused is intoxicated.

Question 57

The first 10 amendments to the U.S.Constitution are also known as:

A) the Bill of Rights.
B) the preamble.
C) the procedural compendium.
D) the declaration of independence.
E) the Dredd Scott decision.

Question 58

In 2005, some survivors of Hurricane Katrina illegally entered closed grocery stores to take food.These survivors may argue they are not guilty using the defense of:

A) entrapment.
B) self-defense.
C) mistake of fact.
D) immaturity.
E) necessity.

Question 59

Coercion to commit a crime from another party would be considered what type of defense?

A) entrapment
B) self-defense
C) mistake of fact
D) duress
E) necessity

Question 60

How is procedural criminal law defined?

A) by prosecutors, through the filing of charges
B) by courts, through judicial rulings
C) by citizens, through ballot proposals
D) by lobbyists, through political polling
E) by police officers, through discretion

Question 61

Which of the following statements about the justices on the current Supreme Court is TRUE?

A) Nearly half of the justices are above 70 years of age.
B) Most of the justices are new to the bench.
C) Most of the justices are quite young.
D) There are no women on the current Supreme Court.
E) There are no African Americans on the current Supreme Court.

Question 62

The ideological makeup of the contemporary Supreme Court tends to be:

A) liberal.
B) conservative.
C) moderate.
D) socialist.
E) libertarian.

Question 63

Which of the following statements regarding searches, seizures, and stops is TRUE?

A) Searches, seizures, and stops are the same thing.
B) Officers must have proper justification for a search, but not a seizure or stop.
C) Seizures involve taking someone or something into custody, but stops do not.
D) Search and seizure protections apply to offenders, but not law-abiding citizens.
E) Police officers do not have to be knowledgeable about search and seizure laws, but must be cognizant of Constitutional restrictions placed on stops.

Question 64

The contemporary Supreme Court endorses the actions of law enforcement and:

A) perpetrators.
B) prosecutors.
C) judges.
D) corrections.
E) defense attorneys.

Question 65

The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force of violence and/or by putting the victim in fear is the definition of:

A) assault.
B) burglary.
C) robbery.
D) theft.
E) larceny.

Question 66

The extension of the due process clause of the Fourteenth Amendment to make binding on state governments the rights guaranteed in the Bill of Rights is called:

A) fundamental fairness.
B) the incorporation doctrine.
C) actus reus.
D) doctrine of fairness.
E) evil intent.

Question 67

The causal relationship between an act and the harm suffered is referred to as:

A) actus rea.
B) causation.
C) harm.
D) legality.
E) concurrence.

Question 68

Concurrence refers to:

A) the causal relationship between an act and the harm suffered.
B) the intent and the act both being present at the same time.
C) the harm caused to some legally protected value.
D) an act of either commission or omission by the accused.
E) the law that defines the specific action as a crime.

Question 69

The unlawful entry of a structure to commit a felony or a theft is the definition of:

A) assault.
B) burglary.
C) robbery.
D) theft.
E) larceny.

Question 70

The right to counsel in felony cases was applied to the states in the landmark case of:

A) Mapp v.Ohio (1961).
B) Weeks v.United States (1914).
C) Barron v.Baltimore (1833).
D) Gideon v.Wainwright (1963).
E) Furman v.Georgia (1972).

Question 71

Which of the following U.S.Supreme Court justices was added to the bench in 2009?

A) Roberts
B) Alito
C) Kennedy
D) Sotomayor
E) Ginsburg

Question 72

Which of the following became Chief Justice of the U.S.Supreme Court in 2005?

A) Roberts
B) Marshall
C) Burger
D) Warren
E) Taft

Question 73

What is the legal doctrine supporting the idea that so long as a state's conduct maintains basic standards of fairness, the Constitution has not been violated?

A) fundamental fairness
B) the incorporation doctrine
C) doctrine of fairness
D) original intent
E) evil intent

Question 74

The case deciding that the protections of the Bill of Rights apply only to actions of the federal government was:

A) Powell v.Alabama (1932).
B) Haley v.Munro (1941).
C) Marbury v.Madison (1803).
D) Barron v.Baltimore (1833).
E) Gideon v.Wainwright (1963).

Question 75

Which of the following statements about the death penalty is TRUE?

A) The Supreme Court has decided the death penalty is cruel and unusual.
B) The death penalty can be imposed in petty cases, such as those involving theft, provided there are aggravating circumstances.
C) The death penalty is covered in the Fourth Amendment.
D) The Court has agreed with public sentiment about the death penalty.
E) The death penalty is constitutional.

Question 76

Bail is employed for which of the following purposes?

A) to pay fines after being convicted
B) to assure an offender appears for trial
C) to cover legal costs
D) to compensate the system for the cost of incarceration
E) to allow the wealthy an escape from jail

Question 77

This U.S.Supreme Court case originally ruled that the protections of the Bill of Rights apply only to the actions of the federal government.

A) Robinson v.California (1962)
B) The Queen v.Dudley and Stephens (1884)
C) Barron v.Baltimore (1833)
D) Gideon v.Wainwright (1963)
E) Mapp v.Ohio (1961)

Question 78

The Fourteenth Amendment does the following:

A) protects citizens from unreasonable search and seizure
B) protects citizens from unreasonable use of force by police
C) spreads power between the executive and legislative branches
D) requires states to observe federal due process standards
E) provides counsel for indigent defendants

Question 79

The contemporary Supreme Court tends to:

A) favor the rights of the criminal defendant over law enforcement.
B) favor law enforcement over the rights of the criminal defendant.
C) favor protections of the individual over the needs of government.
D) favor defendant rights over the rights of the victim.
E) show no favoritism to any one view.

Question 80

Grand juries are used to:

A) determine whether an offender should be prosecuted.
B) determine whether an offender is guilty or innocent.
C) determine whether an offender should be arrested.
D) determine whether an offender should be incarcerated.
E) determine whether a judge's decision should be recalled.