Deck 1: Nature, Origins, Purposes, Structure, and Operation of the Criminal Justice System

Question 1

Criminal law is distinguished from all other law because

A)other types of law,such as civil law,seek to regulate acts that are contrary to the community interest of the social or government unit.
B)criminal law seeks to regulate acts that are contrary to the community interest of the social or government unit.
C)Criminal law seeks to influence and protect the public from obvious and egregious moral wrongs.
D)such types of law as civil law impose punishment for crimes committed.

Answer 1

B

Question 2

The U.S.Constitution does NOT explicitly enumerate __________ as a crime.

A)mail fraud
B)crimes committed on the high seas
C)counterfeiting
D)crimes against the law of nations

Answer 2

A

Question 3

Although modern criminal law is essentially statutory,the role of the courts is still required because

A)common law,or case law,is still used for the most frequently committed offenses,so judges must review each of these cases individually.
B)common law takes precedence over statutory law in many jurisdictions,and the two systems often compete.
C)criminal statutes often contain vague or general language that requires courts to interpret the statute's meaning when applied to a particular case.
D)criminal statutes do not include any sentencing guidelines,and therefore a judge is needed to provide the appropriate punishments.

Answer 3

C

Question 4

The _________ distinguishes criminal law from other law.

A)use of plaintiffs instead of prosecutors
B)imposition of punishment for its violation
C)imposition of punitive damages that are payable to the plaintiff
D)lack of appropriate legal safeguards for defendants

Question 5

__________ regularly refine and redefine the criminal law.

A)Congress and state legislatures
B)Congress and the U.S.Senate
C)the U.S.and state senates
D)the executive and judicial branches of federal government

Question 6

Such penalties as payment of a large civil judgment or loss of a license to practice a profession constitute

A)punishment.
B)criminal penalties.
C)civil penalties.
D)sanctions.

Question 7

The role of common law in today's modern criminal justice system

A)defines nearly all crimes covered in criminal law statutes in all jurisdictions.
B)takes precedence over statutory law in many jurisdictions.
C)usually is preferred since statutory law is overly vague.
D)is a predecessor of today's statutory criminal law.

Question 8

Since the Civil War,federal criminal law has

A)expanded to overlap areas that previously were within the exclusive province of the states.
B)shrunk in its influence,leaving states' rights relatively free.
C)taken over many states' rights,such as control of state senates.
D)retained approximately the same influence as before.

Question 9

Much of the reform of English and American criminal law was influenced by

A)the American Law Institute (ALI).
B)Jeremy Bentham.
C)King George III.
D)the U.S.Supreme Court.

Question 10

One reason for the decline of judicially created criminal law definitions is the principle of ______,which is a core concept of the American system of criminal justice.

A)common law
B)case law
C)legality
D)mens rea

Question 11

According to your text,the establishment of the American Law Institute was the result of

A)political rivalries and power struggles.
B)a desire to revive common law.
C)a quest for a newer,more flexible common law.
D)general dissatisfaction with American criminal law.

Question 12

Generally,the criminal law seeks to sanction only those persons who voluntarily commit

A)an unlawful act (actus reus)before or after having an appropriate guilty mental state (mens rea),even with excuse or justification.
B)an unlawful act (actus reus)accompanied by the appropriate guilty mental state (mens rea),even with excuse or justification.
C)an unlawful act (actus reus)accompanied by the appropriate guilty mental state (mens rea),under circumstances that did not involve excuse or justification.
D)an unlawful act (actus reus)before or after having an appropriate guilty mental state (mens rea),under circumstances that did not involve excuse or justification.

Question 13

The utilitarian legal philosopher Jeremy Bentham reorganized the law of crimes according to the

A)convention of the day.
B)general will of the people.
C)view of those in power.
D)amount of social harm they caused.

Question 14

The principal purpose of the criminal law is to

A)prevent and control crime.
B)punish offenders.
C)attract attention to criminals.
D)promote social peace through strict laws.

Question 15

Procedural criminal law dictates the methods and the means by which the state proceeds,through the police,public administrators,and the courts,to enforce rights or duties of the

A)procedural law.
B)secular law.
C)statutory.
D)substantive law.

Question 16

All criminal law is ___________; that is,crimes are defined by the legislatures of the states and the federal government.

A)common law
B)case law
C)statutory
D)discretionary

Question 17

Many states' modern criminal laws are the codification of common law crimes and when there is a question of statutory meaning,courts

A)look to the common law definitions to help in understanding the term in question
B)revert to common law definitions and punishments,since they are easier to apply
C)revert to common law punishments except for those involving the death sentence
D)consider the common law definitions only after exhausting all other means

Question 18

American law can be described by any of the following definitions except

A)the known decisions of the courts of the federal and state governments
B)the ability to impose statutes upon those who commit crimes against Americans anywhere
C)the federal,state,or local enactments of legislative bodies
D)rules and regulations proclaimed by administrative bodies

Question 19

__________ describes when a jury,having the power to acquit a criminal defendant,does so in complete disregard of the rules of law and facts before it.

A)jurors' prerogative
B)jury selection
C)jurors' choice
D)jury nullification

Question 20

Many cultures do not make the distinction between secular (nonreligious)and __________ law that is so central to American culture.

A)statutory
B)federal
C)sacred
D)religious

Question 21

When the 13 colonies were established in America,they adopted England's

A)reform movement.
B)common law.
C)system of torts.
D)Napoleonic Law.

Question 22

Explain the principle of legality.

Question 23

A defendant who may be sentenced to more than six months in jail or prison is entitled to

A)an immediate hearing.
B)monetary assistance.
C)an attorney.
D)bail.

Question 24

The criminal process most often begins with

A)an arrest.
B)an indictment.
C)a conviction.
D)sentencing.

Question 25

The purpose of a preliminary hearing is for a judge to determine whether there is probable cause for the accused to answer to the crime charged.

Question 26

__________ is one of the four basic police functions.

A)Pre-sentence reports
B)Post Investigation
C)Prevention
D)Court decorum

Question 27

An information,which is a piece of paper on which the charge appears,is filed and signed by the prosecutor.

Question 28

The Model Penal Code (MPC)is a comprehensive recodification of the principles of

A)civil infractions.
B)criminal responsibility.
C)parole violations.
D)probation infringements.

Question 29

When the United States gained independence,they rejected the common law of England.

Question 30

In the case of felonies,a law enforcement officer only needs reasonable suspicion to believe that a person has committed a crime before he or she may arrest the suspect.

Question 31

Law is a rule of conduct or procedure established by custom,agreement,or authority.

Question 32

Legality holds that no one can be punished for an act that was not defined as criminal before the person did the act.

Question 33

Many states rely exclusively on common law to define their crimes.

Question 34

The fundamental structure of the American criminal justice system consists of law enforcement agencies,prosecution and defense attorneys,courts,and correctional institutions and agencies.

Question 35

The MPC is a comprehensive recodification of the principles of criminal responsibility and is mandatory in all 50 states.

Question 36

What are the historical roots of American common law?

Question 37

Give a detailed description of the MPC.

Question 38

Criminal law seeks to regulate acts that are contrary to the community interest of the social or government unit.

Question 39

There are at least eight bases for a defendant's pre-trial motion to dismiss.

Question 40

The court preparation function of police involves testifying at hearings and trial and presenting the evidence in an effort to convict the perpetrator.

Question 41

Explain the criminal justice system perspective as an administrative system.

Question 42

What one feature distinguishes the criminal law from other law?