Deck 3: Criminal Law: Substance and Procedure

Question 1

The exclusionary rule is the exclusion from trial of evidence seized in violation of the Eighth Amendment.​

Answer 1

False

Question 2

Insanity, intoxication, and ignorance are all types of justifications.

Answer 2

False

Question 3

The roots of criminal law in the United States can be directly traced to the Bible.

Answer 3

False

Question 4

Substantive criminal law deals with issues such as the mental and physical elements of a crime.​

Question 5

Traffic laws are examples of strict liability offenses.​

Question 6

An ex post facto law is a law that inflicts a greater punishment than was available when the crime was committed.

Question 7

If a bank employee took money from a bank because they believed failure to do so would result in harm to their kidnapped children, this is an example of the duress defense.​

Question 8

Due process of law is found in the Fourth Amendment.​

Question 9

The ideas and principles that society considers important at a given time and in a given place have no bearing on a court's decision on what exactly constitutes due process in a specific case.

Question 10

The element of criminal law most relevant to criminal justice is torts, or the law of personal injuries.

Question 11

Stalking laws are an example of the creation of a new law in response to emerging social issues.​

Question 12

To exercise the self-defense privilege, the danger must be immediate.​

Question 13

The principle of stare decisis refers to the concept of proportionality or "eye for an eye." ​

Question 14

Entrapment is a defense against criminal culpability that is found in the Bill of Rights.

Question 15

Intoxication is only a viable defense if it is involuntary.​

Question 16

The Fourth Amendment limits the admissibility of confessions that have been obtained unfairly.

Question 17

An immediate relationship must always exist between the act and the actor's intent for a crime to occur.

Question 18

Although most common-law crimes require intent, strict liability crimes do not have a mental requirement.

Question 19

Every state now has a "stand-your-ground" law, which requires no duty to retreat.

Question 20

Self-defense as a justification requires imminent danger.

Question 21

Which branch of law defines crimes and their punishment

A)Martial law
B)Substantive criminal law
C)Civil law
D)Public law

Question 22

Sue has committed a robbery with deadly weapon. This would be considered a __________ crime.

A)mala in se
B)nolle prosequi
C)mala prohibitum
D)civil

Question 23

The individual's state of mind or intent to commit a crime is formally referred to as:

A)stare decisis.
B)mala in se.
C)mens rea.
D)actus reus.

Question 24

Individuals that claim insanity as a criminal defense may not have the ability to form ___________.

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

Question 25

The term stare decisis refers to:

A)an eye for an eye.
B)someone who is inherently evil.
C)a statute created by a legislative body.
D)the decision to stand by decided cases.

Question 26

Which of the following is false regarding criminal law

A)Crime is a public offense.
B)The right of enforcement belongs to the state.
C)Fines go to the state.
D)Both parties can appeal.

Question 27

Bail is forfeited if the defendant misses the trial date.

Question 28

There are certain offenses in which mens rea is not essential.

Question 29

Which of the following is false regarding the comparison of felonies and misdemeanors

A)A felony is an offense generally punishable by death or imprisonment in a penitentiary, whereas a misdemeanor is generally punishable by a fine or imprisonment elsewhere than in a penitentiary.
B)A person convicted of a felony may be barred from certain fields of employment or some professions, whereas a person convicted of a misdemeanor is not.
C)An arrest for a felony or misdemeanor may be made regardless of whether the crime was committed in the officer's presence, as long as the officer had reasonable grounds to believe that the person committed the crime.
D)Distinguishing between a felony and a misdemeanor is sometimes difficult.

Question 30

US civil law is primarily concerned with:

A)compensating the injured party for harm.
B)protecting the public against harm.
C)controlling social values and mores.
D)contracting legal obligations between aggrieved individuals.

Question 31

The term actus reus refers to the:

A)measurement of mental ability.
B)exclusion of omission.
C)guilty person.
D)guilty act.

Question 32

Which of the following is not one of the four broad categories into which law today can be divided

A)Procedural criminal law
B)Substantive criminal law
C)Civil law
D)Procedural civil law

Question 33

Which of the following is not a source of criminal law

A)Common law
B)Biblical decree
C)Statutes
D)Case decisions

Question 34

Substantive due process refers to a citizen's right to be protected from criminal laws that may be biased, discriminatory, and otherwise unfair.

Question 35

Regardless of its source, all criminal laws in the United States must conform to the rules and dictates of the:

A)US Attorney's Office
B)US Court of Appeals
C)US Senate
D)US Constitution

Question 36

Certain statutory offenses exist in which mens rea is not essential. These offenses fall within a category known as:

A)torts.
B)strict liability crimes.
C)mala in se crimes.
D)stare decisis.

Question 37

For a person to be considered to have committed a crime, some act is required to prove the actors willingness to commit harm.

Question 38

Narcotics control laws, health and safety regulations, and sanitation laws are examples of what legal principle

A)Recklessness
B)Criminal negligence
C)Malice
D)Strict liability

Question 39

The defense of mistake ultimately rests on proving a(n):

A)presumption of guilt.
B)lack of intent.
C)existence of extenuating circumstances.
D)post facto affirmative presumption of innocence due to entrapment.

Question 40

What is the most common definition of a felony

A)A crime punishable in the statute by death or imprisonment in a state prison.
B)Any crime punishable by imprisonment in a jail or state prison.
C)A crime punishable by grand jury indictment.
D)Any crime for which one can be imprisoned for more than three years in prison.

Question 41

The Bill of Rights is applied to the states by the:​

A)Fifth Amendment.
B)Sixth Amendment.
C)Eighth Amendment.
D)Fourteenth Amendment.

Question 42

What element must be present in order for the excuse of necessity to be valid

A)The victim consented.
B)No means of escape were available.
C)The harm to be avoided was greater than the offense charged.
D)The offense was based on a presumptive conclusion of mens rea.

Question 43

The effect of intoxication upon criminal liability depends on:

A)the type of intoxicant used.
B)whether the defendant uses drugs or alcohol voluntarily.
C)whether the consumption of intoxicant began prior to the crime.
D)whether the defendant has prior convictions.

Question 44

Crime is generally grouped into three basic categories, they are:

A)felonies, misdemeanors, and violations.
B)malum prohibitum crimes, felonies, and violations.
C)violations, ordinances, and felonies.
D)misdemeanors, violations, and ordinances.

Question 45

Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later he does actually kill the girl that he spoke of during his sessions with the psychiatrist.
In addition to being tried for the girls' murder, the parents of the deceased sue the psychiatrist for not warning the police of the potential threat. What categories of law is this case found in

A)Substantive criminal law and procedural law
B)Procedural law and civil law
C)Substantive criminal law and civil law
D)Procedural law and public law

Question 46

Under common law, there is generally a conclusive presumption of incapacity for a child under the age of:​

A)7
B)11
C)13
D)15

Question 47

The exclusionary rule is used as part of which protection afforded to the accused by the US Constitution

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

Question 48

The _______ Amendment limits the admissibility of confessions that have been obtained unfairly.​

A)First
B)Fifth
C)Sixth
D)Eighth

Question 49

Which standard of the insanity defense excuses a person whose mental disease makes it impossible to control their conduct

A)Durham rule
B)Products test
C)M'Naghten rule
D)Irresistible impulse test

Question 50

Which of the following is false regarding stand-your-ground laws

A)All states have stand-your-ground laws.
B)Florida's stand-your-ground law permits the use of deadly force when a person reasonably believes it necessary to prevent the commission of a forcible felony.
C)The stand-your-ground laws in some states extend to public places.
D)The stand-your-ground law in Florida permits deadly force to prevent the commission of a carjacking.

Question 51

An employee is forced to divert funds into a special account and failure to cooperate will result in the execution of his or her family. Which defense would be most applicable to this situation

A)Duress
B)Entrapment
C)Necessity
D)Consent

Question 52

Which standard solely considers whether the accused is able to distinguish right from wrong

A)Durham rule
B)Substantial capacity test
C)M'Naghten rule
D)Irresistible impulse test

Question 53

Which constitutional amendment outlaws illegal searches and seizures by police

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

Question 54

Intoxication and age are examples of:

A)legal defenses used to negate the required proof of mens rea.
B)legal defenses that negate the required proof of actus reus.
C)defenses based on double jeopardy.
D)legal defenses based on a presumption of conclusive incapacitation.

Question 55

Which legal standard of mental illness is used by present federal law

A)"Didn't know what he was doing or didn't know it was wrong."
B)"Could not control his conduct."
C)"Lacks substantial capacity to appreciate the wrongfulness of his conduct or to control it."
D)"Lacks capacity to appreciate the wrongfulness of his conduct."

Question 56

Excessive bail is prohibited by the:​

A)Fourth Amendment.
B)Fifth Amendment.
C)Sixth Amendment.
D)Eighth Amendment.

Question 57

The ______ Amendment guarantees the defendant the right to a speedy and public trial by an impartial jury.​

A)Second
B)Fourth
C)Sixth
D)Eighth

Question 58

Which of the following is false regarding a defense of self-defense

A)The defendant must have acted under a reasonable belief that he or she was in danger of any type of harm.
B)The defendant must have acted under a reasonable belief that he or she was in danger of death or great harm.
C)The defendant must have believed that he or she had no means of escape from the assailant.
D)The person defending himself or herself may only use such force as is reasonably necessary to prevent personal harm.

Question 59

​Which of the following is not considered entrapment

A)Police implant a criminal idea.
B)Police instigate a crime.
C)Officers pose as drug dealers in known drug areas.
D)Police coerce an individual to commit an offense.

Question 60

Which of the following is true regarding the stand-your-ground justification defense

A)Most self-defense statutes require a duty to retreat before reacting to a threat with physical violence.
B)The castle exception does not require an obligation to retreat within an individual's residence before fighting back.
C)Stand-your-ground laws allow average citizens to use deadly force when they reasonably believe that their homes or vehicles have been illegally invaded.
D)All of the above are true regarding the "stand-your-ground" justification defense.

Question 61

The ____________________ Amendment was the basis for the Miranda decision.

Question 62

Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he calls the police claiming Sue stole his marijuana.
Sue has been released without charges. What is the most likely reason for this

A)Sue had a prescription and did not have mens rea.
B)Sue had actus reus but did not have a prescription.
C)Sue had a contractual relationship to the police.
D)Sue had a medical marijuana prescription.

Question 63

The primary concern of ___________ is the control and regulation of human interaction.

Question 64

A law that inflicts a greater punishment than was available when the crime was committed is termed a(n) ____________________ law.

Question 65

In applying the rule of lex talionis, how would the parents obtain closure for their daughter's murder

A)The parents would be paid for their loss.
B)The parents would be able to take over the psychiatry business.
C)The parents would be able to kill Stanley for taking their daughter's life.
D)The parents would not be able to gain closure through this rule.

Question 66

_____ law became the standardized law of the land in England and eventually formed the basis of criminal law in the United States.

Question 67

In response to the concerns of environmentalists, the federal government has passed _______________________ acts to protect the nation's well being.

Question 68

The defense of ____________________ would be appropriate in a case where a person was rushing to the hospital with an emergency and broke numerous traffic laws along the way.

Question 69

Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he calls the police claiming Sue stole his marijuana.
​After Sue's release from jail, Bob gets high on the street and follows her back to her house where a physical fight ensues. Sue dies from her injuries. Bob claims he had no such intent and is surprised and disgusted by his actions. Bob believes the marijuana he bought on the street was laced with phencyclidine (PCP). What would be his best defense in court

A)Duress
B)Intoxication
C)Insanity
D)Self-defense​

Question 70

The ____________________ Amendment has been used in the past to argue that the death penalty is cruel and unusual punishment.

Question 71

Many states and the District of Columbia have legalized medical marijuana and other states have legalized its recreational use.  In some states, police are directed to patrol the areas near medical marijuana dispensaries more frequently because it is still illegal to use it recreationally and usually still illegal to sell marijuana. The new governor of California is facing a budget crisis and must reduce spending in law enforcement.
The governor has targeted medical marijuana users because the police spend more time patrolling in areas where dispensaries are located. In what way will he be most successful in his quest to reduce spending

A)Start to punish medical marijuana users
B)Make violations of medical marijuana laws a felony offense
C)Make other violations of law usually punishable by fine, now arrestable offenses
D)Direct police to warn and release whenever possible

Question 72

The lawsuit filed by the deceased girl's parents is called:​

A)stare decisis.
B)a tort.
C)lex talionis.
D)malum prohibitum.

Question 73

Many states and the District of Columbia have legalized medical marijuana and other states have legalized its recreational use.  In some states, police are directed to patrol the areas near medical marijuana dispensaries more frequently because it is still illegal to use it recreationally and usually still illegal to sell marijuana. The new governor of California is facing a budget crisis and must reduce spending in law enforcement.
Randi has been arrested for selling marijuana in Washington state. He was high on drugs at the time of arrest and doesn't quite understand why he is in trouble. The police are demanding to know Randi's supplier and won't let Randi eat or drink until he confesses. What rights protect Randi from this interrogation

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

Question 74

Helping people take their own lives is referred to as ________.​

Question 75

Homicide, robbery, and rape are examples of which type of crime.​

Question 76

Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he calls the police claiming Sue stole his marijuana.
At Bob's trial, one of the ladies that used to date Bob's roommate is on the jury. Truth be told, she didn't like Bob very muchbecause he used to search through her personal belonging when she wasn't around but she knew he was doing it. Which of Bob's rights have been violated

A)Right against incrimination
B)Right to an impartial jury
C)Right to a speedy trial
D)Right against unreasonable searches​

Question 77

_____________ laws require the registration of individuals convicted of sex-related crimes.​

Question 78

Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he calls the police claiming Sue stole his marijuana.
While in prison, Bob became addicted to methamphetamine. Upon his release, Bob is visited by a police officer who is warning neighborhood residents of a spike in crime. When Bob opens the door, the officer pushes by Bob and into his house where he finds Bob's meth lab. Which of Bob's rights has been violated

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

Question 79

After the Norman conquest of England in 1066, royal judges would decide what to do in each case using local custom and rules of conduct as a guide in a system known as ____________________.

Question 80

The Durham Rule is associated with the ____________________ defense.