Deck 4: Inside Criminal Law

Question 1

Which of the following is NOT a basic element of corpus delicti?

A) actus reus
B) mens rea
C) mala in se
D) concurrence

Answer 1

C

Question 2

What kind of law is the body of law enacted by legislative bodies?

A) constitutional law
B) statutory law
C) case law
D) administrative law

Answer 2

B

Question 3

When using deadly-force in self-defense, which of the following must be true?

A) A gun must be used on your own property against you.
B) The crime must take place at night on your own property.
C) There is a reasonable belief that imminent death or bodily harm will occur.
D) The defender has to have initiated or provoked the attack.

Answer 3

C

Question 4

Which of the following is NOT one of the necessary requirements to use duress as a defense?

A) The threat must not be one of serious bodily harm or death.
B) The harm threatened must be greater than the harm caused by the crime.
C) The threat must be immediate and inescapable.
D) The defendant must have become involved in the situation through no fault of their own.

Question 5

Which of the following is NOT a justification defense?

A) duress
B) entrapment
C) self-defense
D) insanity

Question 6

What defense is used if the defendant's state of mind is such that they cannot claim legal responsibility for their actions?

A) infancy
B) insanity
C) intoxication
D) mistake

Question 7

Which of the following tests is considered the easiest standard for a defendant to meet to show insanity as a defense?

A) the M'Naghten rule
B) the substantial-capacity test
C) the irresistible-impulse test
D) the right-from-wrong test

Question 8

Which of the following is not a category protected under hate crimes laws?

A) race
B) ethnicity
C) gender
D) socioeconomic status

Question 9

Which of the following is NOT one of the reasons behind the three tests of insanity used by American courts?

A) He or she is not legally culpable because he or she cannot distinguish right from wrong.
B) He or she lacked substantial capacity to appreciate the wrongfulness of his or her conduct.
C) He or she lacked the age to fully understand the impact and wrongfulness of his or her conduct.
D) He or she may have known the criminal act was wrong, however, some irresistible impulse resulting from a mental deficiency drove him or her to commit the
Crime.

Question 10

The requirement that a person claiming self-defense prove that he or she first took reasonable steps to avoid the conflict that resulted in the use of deadly force is called:

A) necessity
B) duress
C) duty to retreat
D) self-defense

Question 11

A Hate Crime Law is a statute that provides for ___________________ against those who commit crimes motivated by bias against an individual or a group based on race, ethnicity, religion, gender, sexual orientation, disability, or age.

A) lesser sanctions
B) greater sanctions
C) mediation sanctions
D) apology sanctions

Question 12

Which of the following is NOT one of the reasons a person is excused for his or her wrongdoing as a result of a mental disorder?

A) He or she does not perceive the physical nature or consequences of his or her conduct.
B) He or she does not know that his or her conduct is wrong or criminal.
C) He or she is not sufficiently able to control his or her conduct so as to be held accountable for it.
D) He or she was intoxicated at the time of the offense.

Question 13

When a person is physically forced to ingest or is injected with an intoxicating substance,
Or is unaware that a substance contains drugs or alcohol it is called:

A) voluntary intoxication
B) involuntary intoxication
C) duress
D) entrapment

Question 14

A defendant is said to have __________ committed a criminal act when he or she desires to engage in certain criminal conduct or to cause a certain criminal result.

A) accidentally
B) purposely
C) intelligently
D) negligently

Question 15

Which of the following is NOT one of the "legal functions" of the law?

A) protect
B) punish
C) legislate
D) prevent harm

Question 16

A body of circumstances that are fair and requires the defining of the elements of the crime is called:

A) mens rea
B) actus rea
C) corpus delicti
D) negligence

Question 17

Which of the following is the constitutional requirement that laws used in accusing and convicting persons of crime must be fair?

A) due process
B) substantive due process
C) procedural due process
D) Bill of Rights

Question 18

The authority of a court to hear and decide cases within an area of the law or a geographic territory is called __________.

A) case law
B) statute
C) jurisdiction
D) negligence

Question 19

The purpose of the "social function" of the law is important for which of the following reasons?

A) To express public morality and teach societal boundaries.
B) To protect society and punish those who have harmed.
C) To express public morality and protect society.
D) To punish those who have harmed and teach societal boundaries.

Question 20

Most hate crimes are motivated by which of the following?

A) race
B) religion
C) sexual orientation
D) ethnicity

Question 21

Actus rea is a person's mental state, or intent.

Question 22

__________ is a condition that, under early American law, excused young wrongdoers of criminal behavior because presumably they could not understand the consequences of their actions.

Question 23

The Bill of Rights applies the first twenty-one amendments to the Constitution to the states.

Question 24

Constitutional law is the body of law enacted by legislative bodies.

Question 25

Procedural criminal law is law that defines the rights and duties of individuals with respect to one another

Question 26

The act of taking substantial steps toward committing a crime while having the ability and the intent to commit the crime, even if the crime never takes place is called __________.

Question 27

The Eight Amendment to the Constitution protects against which of the following?

A) unreasonable searches and seizures
B) self-incrimination
C) cruel and unusual punishment
D) double jeopardy

Question 28

What Amendment to the Constitution holds that no warrants may be issued without probable cause?

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

Question 29

Intoxication is a defense for __________ ________ in which the defendant claims that the taking of intoxicants rendered him or her unable to form the requisite intent to commit a criminal act.

Question 30

If four people physically remove a friend from her residence on the property of a religious cult, and argue that the crime of kidnapping was justified in order to remove the victim from the damaging influence of cult leaders, what defense would they be using?

A) self-defense
B) duress
C) insanity
D) necessity

Question 31

The written sources of American criminal law are also known as "substantive" criminal law.

Question 32

A regulatory agency is a federal, state, or local government agency established to perform a specific function.

Question 33

__________ is when unlawful pressure is brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform.

Question 34

What would the defense be for a woman, thinking that her divorce in another state has been finalized when it has not, marries for a second time, thereby committing bigamy?

A) infancy
B) insanity
C) mistake
D) entrapment

Question 35

A defense for criminal liability that asserts a lack of legal __________ is called insanity.

Question 36

A mistake of fact operates as a defense if it negates the mental state necessary to commit a crime.

Question 37

The Fifth Amendment guarantees that no person can be required to be a witness against
himself or herself.

Question 38

An order that requires jailers to bring a person before a court or judge and explain why the person is being held in prison is called a:

A) writ of habeas corpus
B) Bill of Attainder
C) ex post facto law
D) trial of all crimes

Question 39

Administrative law is the body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

Question 40

The Sixth Amendment guarantees the right to a speedy trial, a trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer at various stages of criminal proceedings.

Question 41

__________ _________ is a person's mental state, or intent.

Question 42

__________ is a defense in which the defendant claims that he or she was induced by a public official: usually an undercover agent or police officer: to commit a crime that he or she would otherwise not have committed

Question 43

_________ __________is a strict liability crime in which an adult engages in a sexual act with a minor.

Question 44

Explain the development of the due process clause to the Constitution.

Question 45

List and then explain the three different insanity tests that are used in different American jurisdictions.

Question 46

_______________ __________ is the act of willful neglect or physical violence that occurs within a familial or other intimate relationship.

Question 47

Explain why societies need laws to function and why they are important in American society?

Question 48

Explain the difference between substantive and procedural due process and give an example of each.

Question 49

Explain at least three of the constitutional amendments that are critical to the field of criminal justice.

Question 50

__________ __________are the rules of law announced in court decisions.