Deck 9: Criminal Law

Question 1

The Code of Ur-Nammaset forth its laws in an:

A) If/then manner
B) How/when manner
C) When/this manner
D) This/that manner

Answer 1

A

Question 2

In comparison to other ancient legal codes, the punishments in the Code of Ur-Namma:

A) Were remarkably humane
B) Used monetary fines as the predominant form of punishment
C) Punished the most serious crimes with death
D) All of the above

Answer 2

D

Question 3

The Code of Hammurabi was:

A) Tied to theology of the time
B) Focused heavily on retribution
C) Did not produce justice and fairness
D) Both A and B

Answer 3

D

Question 4

Under this covenant, God would not act capriciously, but rather would protect His followers so long as they held up their end of the bargain by adhering to a prescribed ethical tract. This is the belief of:

A) Code of Hammurabi
B) Code of Ur-Namma
C) Mosaic Hebrew Law
D) Ancient Greek Civilization

Question 5

This was the belief that having subjects abide by divine laws would not only promote justice and fairness in the kingdom, but also would keep capricious gods happy. This is the belief of:

A) Code of Hammurabi
B) Code of Ur-Namma
C) Mosaic Hebrew Law
D) Ancient Greek Civilization

Question 6

This is the earliestknown set of laws, in which punishments were remarkably humane. This is the:

A) Code of Hammurabi
B) Code of Ur-Namma
C) Mosaic Hebrew Law
D) Ancient Greek Civilization

Question 7

This is credited with being both the birthplace of democracy and of Western jurisprudence:

A) Code of Hammurabi
B) Code of Ur-Namma
C) Mosaic Hebrew Law
D) Ancient Greek Civilization

Question 8

The Greeks saw obedience to the law as:

A) Divinely given
B) Part of one's civic duty
C) As rational behavior necessary for the orderly control of the universe
D) Both B and C

Question 9

This man codified the first set of Greek laws in an era when Greece was an oligarchy.

A) Solon
B) Draco
C) Emperor Justinian
D) Hammurabi

Question 10

Under this man, Greeks began to distinguish between private wrongs, akin to our civil law, and offenses that harmed the community as a whole, akin to our criminal law:

A) Solon
B) Draco
C) Emperor Justinian
D) Hammurabi

Question 11

In Ancient Greece, the LexDuodecimTabularumincluded which of the following characteristics?

A) Marginally separated criminal law from other forms of law
B) The punishments for a number of acts that we think of as crimes today were often civil in nature.
C) The remedies for civil offenses were monetary compensation
D) All of the above

Question 12

By the time of the Emperor Justinian, a more clear division between civil wrongs and true crimes had evolved. Most crimes were punishable by:

A) Monetary compensation
B) Death or by exile enforced by transportation to a far-off land
C) Flogging
D) All of the above

Question 13

This civilization blended retributive and restorative justice. Their conceptualization of lextalioniswas used to support blood feuds Answer: killings to avenge killings. But blood feuds could be avoided through the payment of restitution, even for murder, rape, theft, and assault.

A) Germanic tribal justice
B) Code of Hammurabi
C) Mosaic Hebrew Law
D) Ancient Greek Civilization

Question 14

Largely due to the works of ______________, natural law became viewed as the will of God.

A) Hammurabi
B) Solon
C) Draco
D) St. Augustine and St. Thomas Aquinas

Question 15

As the power of this grew, God's law, as expressed in religious law, blended with secular law such that the distinction between the two became almost impossible to discern.

A) Ancient Greek Civilization
B) Roman Catholic Church
C) Germanic Tribal Justice
D) Emperor Justinian

Question 16

Method in which theaccused was made to hold a scalding or burning object and the verdict would depend on the degree of injury Answer: whichwas thought to reflectGod's intervention. The judge [often a religious official] would wait for three days to see if the hand had healed, and, if it did, the accused was cleared. This was called:

A) Mosaic code
B) Substantive criminal law
C) Trial-by-ordeal
D) Lextalionis

Question 17

Statements from this formed the basis of the due process guarantees in the U.S. Constitution.

A) Mosaic code
B) Code of Hammurabi
C) Code of Ur-Namma
D) Magna Carta

Question 18

The MPC identified four levels of this: purpose, knowledge, recklessness, and negligence:

A) Actusreus
B) Mensrea
C) Attendant circumstances
D) Result

Question 19

This must be the result of either a voluntary act or a qualifying omission.

A) Actusreus
B) Mens rea
C) Attendant circumstances
D) None of the above

Question 20

Taking the personal property of another (if coupled with the mental state of intent to steal) is the crime of theft. The actual taking of the property is the:

A) Mens rea
B) Attendant circumstances
C) Actusreus
D) Result

Question 21

A failure to file and pay income taxes is:

A) Mens rea
B) Attendant circumstances
C) Actusreus
D) Result

Question 22

If you saw your classmate's book and purposefully decided to take it because it was in better condition than yours, the intent behind taking the book is referred to as:

A) Mens rea
B) Attendant circumstances
C) Actusreus
D) Result

Question 23

The crime of speeding does not take place unless one is traveling on a public roadway. This demonstrates:

A) Mens rea
B) Attendant circumstances
C) Actusreus
D) Result

Question 24

One cannot be convicted of any type of homicide unless one's act caused the death of another human being. This describes:

A) Mens rea
B) Attendant circumstances
C) Actusreus
D) Result

Question 25

When a crime requires a particular result, the prosecution must prove that the defendant's _________, performed with the requisite ___________, actually caused the required ________.

A) Actusreus, mens rea, result
B) Mensrea, result, actusreus
C) Result, actusreus, mens rea
D) Actusreus, result, mens rea

Question 26

Crimes such as homicide, forcible rape, assault, battery, and robbery are examples of:

A) Crimes against property
B) Crimes against the person
C) Inchoate crimes
D) All of the above

Question 27

Crimes such as attempt, solicitation, facilitation, aiding and abetting, and conspiracy are examples of:

A) Crimes against property
B) Crimes against the person
C) Inchoate crimes
D) All of the above

Question 28

Crimes such as burglary, criminal trespass, arson, fraud, forgery, uttering, and receiving stolen property are examples of:

A) Crimes against property
B) Crimes against the person
C) Inchoate crimes
D) All of the above

Question 29

Consider the crime of robbery. The forcible taking of personal property from a person is:

A) Mens rea
B) Attendant circumstances
C) Actusreus
D) Result

Question 30

Consider the crime of robbery. The specific intent to forcibly take property from another is:

A) Mens rea
B) Attendant circumstances
C) Actusreus
D) Result

Question 31

Consider the crime of robbery. The offender's act must actually lead to the victim's loss of property. This is an example of:

A) Mens rea
B) Attendant circumstances
C) Actusreus
D) Result

Question 32

Consider the crime of robbery. The fact that the stolen goods must be personal property and, the theft must have been accomplished by force or the threatened use of force, is:

A) Mens rea
B) Attendant circumstances
C) Actusreus
D) Result

Question 33

Infancy of age, insanity, mistake, intoxication (both involuntary and voluntary), and duress are examples of:

A) Defenses of justification
B) Defenses of excuse
C) Procedural defenses
D) Defenses of permit

Question 34

Self-defense, defense of others, defense or property, consent, and execution of public duties are examples of:

A) Defenses of justification
B) Defenses of excuse
C) Procedural defenses
D) Defenses of permit

Question 35

Selective prosecution based on race, sex, or similar characteristic is an example of:

A) Defenses of justification
B) Defenses of excuse
C) Procedural defenses
D) Defenses of permit

Question 36

A law criminalizing flag burning was determined to be unconstitutionally overbroad in Texas v. Johnson (1989). The Court held that the law infringed upon people's right to express their dissatisfaction with the government through the symbolic speech embodied in the action of burning the flag. This is an example of:

A) Freedom of Religion
B) Free Exercise Clause
C) Overbreadth
D) Freedom of the Press

Question 37

What are some limits to the protection from the First Amendment:

A) If it concerns a matter of national security
B) The FCC can bar the broadcast of profane language on public airways that may be accessible by children
C) Libel and slander
D) All of the above

Question 38

The Supreme Court struck down a local ordinance that prohibited the ritual killing of animals, because it infringed upon the religious beliefs of a group that practices animal sacrifice. This is an example of:

A) Establishment Clause
B) Free Exercise Clause
C) Substantive due process
D) Overbreadth

Question 39

When a law enforcement agent persuades a citizen to commit a crime they would not have otherwise committed:":

A) Mens Rea
B) Entrapment
C) Free Exercise Clause
D) Actusreus

Question 40

Which Amendment to the Constitution is at issue when "the core lawful purpose of self-defense" is threatened?

A) Fourth Amendment
B) Sixth Amendment
C) Second Amendment
D) Fourteenth Amendment

Question 41

In comparison to other ancient legal codes, the punishments in the Code of Ur-Namma were remarkably humane.

Question 42

Like the Code of Ur-Namma, the Code of Hammurabi focuses heavily on retribution.

Question 43

Unlike Babylonian law, compliance with Mosaic Hebrew law was not viewed as having magical powers to control the arbitrary acts of a deity.

Question 44

Moses saw the law as a moral code dictated by God that represented a contract.

Question 45

Ancient Greek civilization is credited with being both the birthplace of democracy and of Western jurisprudence.

Question 46

Solon codified the first set of Greek laws in an era when Greece was an oligarchy (ruled by a small, wealthy class).

Question 47

Due to Solon's work, the Greeks eventually came to conceptualize crime differently from other ancient civilizations.

Question 48

In ancient Greece, the city-state of Athens, created a system to prosecute specific acts before public courts comprised of citizens.

Question 49

Many acts that we think of today as crimes, such as homicide and rape, were not viewed as

Question 50

The blur between civil and criminal law continued in Ancient Rome.

Question 51

By the time of the Emperor Justinian, a more clear division between civil wrongs and crimes had evolved.

Question 52

The ancient Greeks and Romans did not view natural law as a function of the orderly operation of the universe.

Question 53

Largely due to the works of St. Augustine (354-430) and St. Thomas Aquinas (1225-1274), natural law became viewed as the "will of God" (Rosenblatt).

Question 54

Christianity grew throughout the first century and this affected criminal law.

Question 55

As the power of the Roman Catholic Church grew, God's law, as expressed in Catholic ecclesiastical law, blended with secular law such that the distinction between the two became almost impossible to discern.

Question 56

Under English common law, crimes were no longer private matters, but instead were viewed as offenses against the Crown.

Question 57

A failure to perform a legally required act of which a person is physically capable is not actusreus.

Question 58

It is not a crime to race in the Indianapolis 500 because the attendant circumstance of being on a public roadway is not present.

Question 59

Strict liability often attaches to attendant circumstances.

Question 60

One cannot be convicted of any type of homicide unless one's act caused a particular result, namely, the death of another human being.

Question 61

When a crime requires a particular result, the prosecution must prove that the defendant's actusreus, performed with the requisite mens rea, actually caused the required result.

Question 62

Crimes in which people are physically victimized are considered to be the most serious of criminal offenses.

Question 63

The commission of a crime is never excusable and always requires punishment.

Question 64

The major defenses of excuse are infancy of age, insanity, mistake, intoxication and duress.

Question 65

Defenses of justification assume that the act was deliberate, but argue that it was committed for a reason deemed justifiable under the law.

Question 66

Immunity is a procedural defense in which a defendant is given freedom from criminal prosecution due to his or her status as a foreign diplomat or as a cooperating witness for the government in a larger prosecution.

Question 67

Procedural defenses are rooted in concern for due process and other forms of procedural justice.

Question 68

The defenses of excuse are those in which a defendant admits to having committed a criminally proscribed actusreus, and did so with mens rea, but asserts that circumstances surrounding the act render it justifiable under the law.

Question 69

Children under the age of 14 are presumed to be able to form mens rea.

Question 70

In most U.S. jurisdictions, the insanity defenses excuses criminal liability if, as a result of a qualifying mental disease or defect, a person lacks the substantial capacity to appreciate the wrongfulness/criminality of his or her actions.

Question 71

The First Amendment provides several protections that place limits on the power of government to criminalize speech, religious practices, and the ability to assemble and demonstrate peacefully.

Question 72

The First Amendment generally forbids censorship or other restraints on speech or expression by the media.

Question 73

Neither defamation nor obscenity receives First Amendment protection.

Question 74

A state could criminalize a truly accidental killing.

Question 75

Third party policing recognizes that there are limits to what police can do to control or prevent crime, and calls upon others in the community to become involved in crime prevention and reduction activities.

Question 76

The substantive rights contained in the First Amendment, such as the freedoms of speech, peaceable assembly, and freedom of religion, are all fundamental rights.

Question 77

Some fundamental rights and liberties are not listed in the Constitution, but are based on rulings in Supreme Court decisions.

Question 78

Mala in se crimes are those common law crimes against the person and crimes against property that are clearly morally wrong in and of themselves.

Question 79

Mala prohibita offenses are not necessarily inherently bad or evil acts.

Question 80

The First Amendment protects people's rights to act on their religious beliefs (or to believe nothing at all) in the Establishment Clause.