Deck 4: Criminal Law: Substance and Procedure

Question 1

The term insanity:

A)Means a type of mental illness.
B)Has standard legal symptoms.
C)Is a legal concept only.
D)Has not been addressed by statute.

Answer 1

C

Question 2

Which of the following is true concerning criminal law and tort law

A)In criminal law, the right of enforcement belongs to the state.
B)In tort law, the right of enforcement belongs to the state.
C)Tort law is a public offense.
D)In criminal law, the individual receives damages as compensation for harm done.

Answer 2

A

Question 3

Laws that are created and retroactively enforced are known as:

A)Ex post facto laws
B)Bills of attainder
C)Habeas corpus
D)Writ of certiorari

Answer 3

A

Question 4

The term actus reus refers to the:

A)Measurement of mental ability.
B)Exclusion of omission.
C)Guilty person.
D)Guilty act.

Question 5

The _____ Amendment is the vehicle used to apply the protection of the Bill of Rights to the states.

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

Question 6

Which of the early forms of judicial proceedings involved a determination of guilt based on the ability of the accused to withstand placing his hand in boiling water or holding a hot iron

A)Trial by ordeal
B)Trial by combat
C)Trial by fire
D)Trial by jury

Question 7

The ______ Amendment prohibits excessive bail.

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

Question 8

If a pregnant woman in labor stole a car because she feared delivery of her baby was imminent and she had no other means of transportation, she may use the defense of:

A)Recklessness.
B)Duress.
C)Mistake.
D)Necessity.

Question 9

Substantive criminal law is primarily concerned with:

A)Compensating the injured party for harm.
B)Defining crimes and their punishment.
C)Setting out the basic rules of practice in the criminal justice system.
D)Dealing with the government and its relationships with individuals or other governments.

Question 10

Excuse defense ultimately rests on proving:

A)Presumption of guilt.
B)Lack of intent.
C)Existence of extenuating circumstances.
D)Lack of ability to commit the crime.

Question 11

Which early legal charter was formulated because previously unwritten legal codes gave arbitrary andunlimited power to the wealthy

A)Code of Hammurabi
B)Mosaic Code
C)Roman Twelve Tables
D)U.S. Code

Question 12

When an offender is charged with a crime for which the government failed to make enactment of the crime public, this is the defense of:

A)Justification.
B)Ignorance or mistake.
C)Entrapment.
D)Necessity.

Question 13

Florida's Stand Your Ground law authorizes citizens to use __________ when they reasonably believe that their homes or vehicles have been illegally invaded.

A)No force
B)Equal force to the offender
C)Reasonable force
D)Deadly force

Question 14

Criminal negligence is a form of:

A)Stare decisis.
B)Mala in se.
C)Mens rea.
D)Actus reus.

Question 15

Which defense would be most applicable to the situation of a bank employee forced to divert funds into a special account by criminals who are holding her family hostage

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

Question 16

Which of the following is the determining factor in a successful defense of entrapment

A)Whether a felony or misdemeanor was committed
B)The predisposition of the defendant
C)The subjective state of the officer
D)The corollary intent of the arresting officer

Question 17

Which of the following is not one of the categories into which crimes are classified

A)Felonies
B)Misdemeanors
C)Torts
D)Violations

Question 18

Civil law includes all of the following except:

A)Criminal.
B)Contract.
C)Commercial.
D)Tort.

Question 19

When may a criminal statute no longer be enforceable

A)When the president declares them unconstitutional
B)When an appellate judge rules that it is vague or is an unfair exercise of state control over an individual
C)When the police rule that the acts are no longer of interest to the public
D)When the people declare them unconstitutional

Question 20

Which type of law deals with the state of government agencies and controls their administrative relationships with individuals, corporations, or other branches of government

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

Question 21

The _____________Amendment guarantees the right to confront any prosecution witnesses.

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

Question 22

Which constitutional amendment outlaws illegal searches and seizures by police

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

Question 23

CASE 4.1
Johnny has been burglarizing houses since he was 12 years old. He is now 25 years old, and he is becoming more violent in his crimes. Now he actually commits his burglaries when people are home, and he is in possession of a firearm when he commits his burglaries. The elements of an armed burglary include:
• Willfully entering a dwelling.
• Be armed or arming oneself after entering the house or committing an assault on a person who is lawfully in the house.
• Knowingly and intentionally committing the crime.
Johnny is looking at spending many years in prison if he is convicted of the most recent armed burglary of which he is accused. Because of the potential punishment, the crime of armed burglary most like qualifies as a:

A)Felony.
B)Misdemeanor.
C)Tort.
D)Violation.

Question 24

Which classification of crime is punishable by death

A)Felony
B)Misdemeanor
C)Strict liability crime
D)Offense

Question 25

Which determines what types of conduct constitute felonies or misdemeanors

A)Common law
B)Judges
C)Statutes
D)U.S. Constitution

Question 26

If a police officer shoots an armed suspect, which defense is the most appropriate to use

A)Duress
B)Necessity
C)Law enforcement
D)Entrapment

Question 27

Which of the following would constitute an example of an ex post facto law

A)A law against a new drug that punishes sellers of the drug who were doing business before the law went into effect.
B)A new law that imposes an even longer prison sentence for possession of the drug than previous laws.
C)A law that lowers the standard of proof required for convicting sellers of the drug.
D)All are examples of ex post facto laws.

Question 28

CASE 4.2
Adam is a 16-year-old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bipolar disorder. One afternoon, Adam goes to the high school that he once attended. He brings his father's revolver and attempts to shoot a few of his former classmates and a teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify him through the school's video surveillance.
Adam tells his attorney he should not be responsible for these charges because he was drunk when he went to the school to commit these offenses and that he did not know what he was doing. Under which circumstance would Adam possibly have a legitimate defense of intoxication

A)He voluntarily drank the alcohol in his house that his mother left in an unlocked liquor cabinet.
B)He drank only beer and not the vodka that was available.
C)He became intoxicated when he drank the juice in the refrigerator that he did not know was spiked with rum, and the alcohol mixed with his medication for his bipolar disorder.
D)His mother would often serve Adam alcohol during their homeschooling sessions.

Question 29

In order for a robbery to occur, the robber must acquire the victim's possessions. This is referred to as:

A)Asportation.
B)Confiscation.
C)Strict liability.
D)Transportation.

Question 30

During their investigation of the murder of Carl's wife, the police conduct a search of Carl's home without first procuring a warrant. Carl asserts that the police search was unlawful and a violation of which type of law

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

Question 31

CASE 4.1
Johnny has been burglarizing houses since he was 12 years old. He is now 25 years old, and he is becoming more violent in his crimes. Now he actually commits his burglaries when people are home, and he is in possession of a firearm when he commits his burglaries. The elements of an armed burglary include:
• Willfully entering a dwelling.
• Be armed or arming oneself after entering the house or committing an assault on a person who is lawfully in the house.
• Knowingly and intentionally committing the crime.
In addition to armed burglary charges, Johnny is being investigated for statutory rape charges. He has been having sexual relations with his girlfriend, who is 14 years of age. She lied to Johnny and told him she was 19 years old. Prosecutors are able to prove that she is 14 years of age, which means she is younger than the age of consent for sexual intercourse in the jurisdiction where the sexual relations took place. Johnny claims that he should not be charged with this crime because he did not have the intent to commit a crime. He claims it was an honest mistake because his girlfriend looks a lot older. According to the law, Johnny can still be held responsible for his actions because this crime qualifies as a:

A)Felony.
B)Misdemeanor.
C)Criminal negligence.
D)Strict liability crime.

Question 32

During an argument, Carl murders his wife. The act of murder is a violation of which type of law

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

Question 33

Which of the following is not considered an excuse defense

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

Question 34

Which of the following is not considered an element of procedural law

A)The right to remain silent
B)Laws prohibiting search and seizure
C)The self-defense doctrine
D)Laws limiting bail amounts

Question 35

Which element of a crime is not required for strict liability crimes

A)Stare decisis
B)Mala in se
C)Mens rea
D)Actus reus

Question 36

Mike walks in to a bank with a handgun. He approaches one of the tellers, flashes the gun, hands her a paper sack, and demands she fill the sack with money. By physically committing this act of robbery, Mike has satisfied which of the requirements for conviction

A)Mens rea
B)Actus reus
C)Strict liability
D)Reckless endangerment

Question 37

CASE 4.2
Adam is a 16-year-old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bipolar disorder. One afternoon, Adam goes to the high school that he once attended. He brings his father's revolver and attempts to shoot a few of his former classmates and a teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify him through the school's video surveillance.
In the jurisdiction where Adam is being charged with attempted murder, they use the Irresistible Impulse test in determining insanity. What are the requirements of the Irresistible Impulse test

A)The defendant could not tell "right from wrong."
B)The defendant did know that his actions were illegal, but because of a mental impairment, he couldn't control his behavior.
C)The unlawful act was the product of mental illness.
D)There is a lack of substantial capacity to control one's behavior.

Question 38

Due process can be divided into two distinct categories. These include:

A)Substantive and procedural.
B)State and federal.
C)Criminal and appellate.
D)Felony and misdemeanor.

Question 39

Mike's intent to rob the bank satisfies which of the requirements for conviction

A)Mens rea
B)Actus reus
C)Strict liability
D)Reckless endangerment

Question 40

CASE 4.2
Adam is a 16-year-old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bipolar disorder. One afternoon, Adam goes to the high school that he once attended. He brings his father's revolver and attempts to shoot a few of his former classmates and a teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify him through the school's video surveillance.
Adam is certain that he is not old enough to get in trouble for the crime of attempted murder. His lawyer explains to him that there is a conclusive presumption of incapacity for a child under age ____ and that he is legally allowed to be charged for these crimes.

A)7
B)10
C)14
D)18

Question 41

Voluntary intoxication can be used as a successful defense under some circumstances.

Question 42

U.S. criminal law is static and unchanging.

Question 43

The roots of the criminal codes used in the United States can be traced back to such early legal charters as the Babylonian Code of Hammurabi and the Mosaic Code of the Israelites.

Question 44

Children under the age of 18 cannot be charged with a crime.

Question 45

Strict liability crimes are also known as public safety crimes.

Question 46

Carl is found guilty of murdering his wife. Under the concept of civil law, Carl's in-laws can file a lawsuit against Carl for wrongful death.

Question 47

The contemporary U.S. legal system is codified by the state legislatures and the U.S. Congress.

Question 48

One goal of the substantive criminal law is to express public opinion and morality.

Question 49

Stopping, questioning, or searching an individual without legal justification represents a serious violation of the Fourth Amendment.

Question 50

Insanity is a justification defense.

Question 51

Self-defense as a justification requires imminent danger and an inability to escape from the attacker.

Question 52

Mala prohibitum is a legal principle by which the decision in an earlier case becomes the standard.

Question 53

Mala in se crimes are statutory crimes that reflect existing social conditions.

Question 54

The right to counsel and the opportunity to respond to charges are substantive due process issues.

Question 55

The nature and definition of due process remains unchanged across historical time periods.

Question 56

CASE 4.2
Adam is a 16-year-old who has a history of strange behavior. He is now being homeschooled by his mother because he has a difficult time relating to his peers. His psychologist has diagnosed him with bipolar disorder. One afternoon, Adam goes to the high school that he once attended. He brings his father's revolver and attempts to shoot a few of his former classmates and a teacher. He misses all of his targets and flees the school. He is later apprehended in his home when the principal is able to identify him through the school's video surveillance.
Adam's lawyer attempts to have Adam's confession thrown out of the criminal trial as evidence because he believes the confession was obtained unfairly. Which amendment will Adam's lawyer use to argue against the use of his confession

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

Question 57

Criminal and civil law can be interrelated.

Question 58

An example of a strict liability crime is robbery.

Question 59

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

Question 60

Law banning same-sex relations are now unconstitutional and unenforceable as a result of the Supreme Court's decision relating to substantive due process.

Question 61

The ____________________ Amendment prohibits cruel and unusual punishment.

Question 62

________________ governs the administration and regulation of city, county, state, and federal government agencies.

Question 63

Issues pertaining to the defendant's right to a speedy trial are subject to interpretation under the ____________________ Amendment.

Question 64

A ________________ is lower than a felony and is generally punishable by a fine or imprisonment in other than a penitentiary.

Question 65

In common law, offenses that are by their own nature evil, immoral, and wrong, are referred to as ____________________.

Question 66

Many of the laws still in effect today are a throwback to British ________________ law.

Question 67

Most self-defense statutes require a _____________ before reacting to a threat with physical violence.

Question 68

A verbal threat is sufficient grounds for physical action that can be justifiable as self-defense.

Question 69

The ________________ defense is used when the defendant's state of mind at the time of the crime negates responsibility.

Question 70

Possession of marijuana is an example of a strict liability crime.

Question 71

It is possible to defend against a speeding ticket by claiming a mistake of fact.

Question 72

Megan's Law incorporated community notification and sex offender ___________.

Question 73

Laws should be written in language that is both clear and precise so as to avoid confusion.

Question 74

The ____________________ Amendment was the basis of the Supreme Court's Miranda decision.

Question 75

The Patriot Act extends authority to the FBI to monitor telephone and Internet contacts without the need to demonstrate that they were being used by a suspect or were a target of a court order.

Question 76

A ____________________ is a broad category of criminal defenses claiming that a criminal act occurred but that it was reasonable under the circumstances.

Question 77

Each state has its own body of criminal law, and offense severity. Therefore, sanctions for various offenses can vary greatly from state to state.

Question 78

__________ is a form of mens rea, when a person's careless and inattentive actions cause harm.

Question 79

The Fifth Amendment protects against double jeopardy.

Question 80

The ____________________ Amendment guarantees a public trial by an impartial jury.