Deck 1: Defining and Proving Crimes

Question 1

The primary difference between felonies and misdemeanors is:

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.

Answer 1

B

Question 2

Rehabilitation, incapacitation, and deterrence are:

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.

Answer 2

D

Question 3

In the 20th century:

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.

Answer 3

B

Question 4

Judicial restraint:

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 5

Judicial activism:

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 6

A malum prohibitum crime is:

A)punishable only by fines.
B)wrong by its very nature.
C)prohibited by administrative regulation.
D)a wrong created by statute or administrative regulation.

Question 7

The ex post facto principle prohibits:

A)decreasing punishments for past crimes.
B)increasing punishments for future crimes.
C)laws that create new crimes not recognized by common law.
D)laws that punish conduct done before the law's passage.

Question 8

Criminal law possesses the following characteristics:

A)conviction carries with it the community's moral condemnation.
B)punishment of wrongdoing.
C)society as a whole is considered to be the injured party.
D)all of the above.

Question 9

Which of the following constitutional provisions limits the government's power to prohibit and punish certain conduct?

A)The right to free speech
B)The right to due process
C)The right to privacy
D)All of the above

Question 10

The United States has:

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 11

The original source of our criminal laws was:

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

Question 12

Critics of deterrence theory maintain that:

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 13

Misdemeanors are:

A)"violations," not crimes.
B)minor crimes.
C)civil harms.
D)common law offenses.

Question 14

The Model Penal Code was developed by:

A)the American Law Institute.
B)the U.S.Congress.
C)the American Association of Law Professors.
D)a conference of state legislatures.

Question 15

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

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

Question 16

Deterrence theory is based upon the assumption that:

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 17

The primary objective of a criminal prosecution is:

A)punishment of the wrongdoer.
B)compensation of the victim for any financial loss.
C)promoting negotiation and settlement.
D)enforcing morals.

Question 18

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

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

Question 19

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

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

Question 20

The vagueness doctrine prohibits laws that:

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 21

Recognition that people normally intend the natural and necessary consequence of their acts is:

A)a "true" and proper presumption.
B)a permissible inference.
C)unconstitutional.
D)part of a proper defense, but not part of the prosecution's case.

Question 22

A presumption is:

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.

Question 23

A permissive inference is:

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 24

Robinson v.California declared disproportionate punishments to be:

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

Question 25

The prosecution's responsibility to prove all elements of a crime beyond a reasonable doubt is known as its:

A)burden of production.
B)burden of proof.
C)burden to prove the corpus delicti.
D)presumption of guilt.

Question 26

The preponderance of evidence is:

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 27

The burden of production in a criminal case requires:

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 28

In Robinson v.California, the defendant's conviction for being addicted to narcotics was overturned because:

A)the state failed to prove that the defendant was addicted.
B)the defendant was a mere user, not a seller of narcotics.
C)punishment for a condition or status is cruel and unusual.
D)the defendant's addiction was not voluntary.

Question 29

The prosecution may use inferences that are:

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 30

Corpus delicti is:

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.