CJUS Ch 4

b

The contents of a will are being contested by a family. Which type of law would be used to resolve this dispute? a. procedural laws b. civil law c. public law d. substantive criminal law

a

The idea that the accused had the intent to commit a criminal act is __________. a. mens rea b. ad idem c. actus reus d. in situ

b

Which of the following is a violation of the substantive due process? a. An individual is denied representation by an attorney. b. An individual is convicted based on a racially biased law. c. An individual is forced to testify against him/herself. d. An individual is not allowed to cross-examine witnesses.

d

An individual accused of a crime has been denied an attorney. Which amendment does this violate? a. Fifth Amendment b. Eighth Amendment c. Fourth Amendment d. Sixth Amendment

c

How does the issue of gun rights in America show that the U.S. Constitution is open to interpretation? a. Although the U.S. Constitution outlines the need for individuals to have guns, courts have declared that it has no basis in the twenty-first century. b. While the U.S. Constitution recognizes an individual's right to bear arms, conflicting judicial and legal statutes serve to essentially void the Second Amendment. c. While the U.S. Constitution forces states to recognize an individual's right to bear arms, states can work to limit and regulate gun ownership if they choose to. d. Although the U.S. Constitution protects an individual's right to own weapons, there is no judicial statute that serves to affirm this right.

C

In the case of a robbery, which of the following would prevent an individual from being charged? a. The individual stole an item worth less than $500. b. The individual immediately returned the stolen item to its rightful owner. c. The individual did not take possession of property. d. The individual committed the crime over a week ago.

b

What differentiates a necessity defense from a duress defense? a. An individual acts in a way that is considered retaliatory. b. An individual acts out of necessity according to their own judgment. c. An individual acts in response to threats made by another. d. An individual acts with force that exceeds the force used against him/her.

b

What is an excuse defense? a. a defense in which a person claims that he or she acted in self-defense b. a defense in which a person states that, due to impairment, he or she lacks the capacity to form sufficient intent to be held criminally responsible c. a defense in which a person argues that he or she was justified in doing what they did d. a defense in which a person admits to a lower-level criminal charge in exchange for the top count being dismissed by the court

b

What is the primary role of technology in relation to criminal law today? a. New technology is providing more ways for criminals to mount excuse defenses. b. New technology is resulting in new types and forms of crime. c. Technology has allowed many obsolete criminal codes to be eliminated. d. Technology is streamlining the court process by removing several steps.

d

What is the purpose of the exclusionary rule? a. It is intended to expand the investigatory powers of authorities against non-citizens. b. It limits the ability of the judiciary to take legal action against law enforcement officers. c. It prevents a citizen from being tried twice in criminal court for the same crime. d. It protects a citizen's constitutional rights and privileges from being violated.

c

What must all criminal law in the United States conform to? a. the United Nations (UN) Charter b. the Universal Declaration of Human Rights c. the U.S. Constitution d. the Magna Carta

a

What sets criminal negligence apart from recklessness? a. It occurs when a person's carless and inattentive actions cause harm. b. The lack of intent means the behavior can only amount to a violation. c. In lacking mens rea, it is more difficult to prove as a criminal act. d. Nothing; they are on the same level of offending.

a

Which of the following best characterizes criminal law in the world? a. Ideas of criminal law date back centuries, and it is constantly evolving. b. The basis for criminal law is relatively modern and open to significant interpretation. c. Criminal law as a legal code is formulated on a mostly ad-hoc basis. d. It is built around strict, religious principles, and its fundamentals are unchanging.

c

Which of the following situations cannot occur in the United States, as it would be considered the result of an ex post facto law? a. Due to the passing of a new law in a state, offenders in the future will be punished more severely. b. A state moves towards decriminalizing certain low-level violations without federal approval. c. An individual is punished for an act that was not criminal at the time of the act. d. The prison sentence of an individual is extended due to criminal behavior while in jail.

a

Which of the following would be considered an example of a proper justification defense? a. During a home invasion, an individual comes under physical attack and smashes a lamp over the attacker's head, causing injury. b. During an arrest for drug dealing, the suspect pushes a plainclothes law enforcement officer, unaware that the officer is a cop. c. An individual sexually assaulted another, though he did so unknowingly and unwillingly because he was highly inebriated at the time. d. An individual shoots and kills an intruder in her yard to ensure the protection and security of her property.

a

Which of the following would generally be considered a misdemeanor? a. an individual stealing a $30 video game system from a store b. a person driving 10 miles over the speed limit in good road conditions c. the use of a weapon by an individual to inflict harm on another during a home robbery d. an individual murders another during an attempted bank robbery

d

Which of the following would generally be considered a violation? a. an individual engaged in prostitution b. an individual stealing a person's bag from them on the street c. an individual driving while intoxicated (DWI) on country roads d. an individual failing to use a turn signal while driving

d

Which type of law set out the basic rules of practice in the criminal justice system? a. public law b. substantive criminal law c. civil law d. procedural law

a

Why are defenses changing? a. Growing awareness of social problems is allowing attorneys to find new ways to defend clients. b. Increasingly, judges are dismissing the applicability of justification and excuse defenses. c. Rising numbers of statutes are limiting the effectiveness of classic defense tactics. d. Changes in technology and its relation to society are changing the nature of crime.

b

Why are the ideas of mens rea and actus reus essential in proving a crime has been committed? a. Both principles are important because they provide prosecutors with sweeping ability to convict a person of a crime by only having to prove the existence of one or the other. b. An individual must not only be found to have personally committed a crime, but must also have acted with the intent to do so. c. While both ideas must be present for an act to be considered a crime, they exist independently of each other and make it more difficult for the accused to mount a defense. d. Since the accused must be directly involved in a criminal act, these legal principles limit the chances for people to be mistakenly charged.

d

Why does the United States have a legal system largely derived from common law? a. It was chosen over customary law through a late-nineteenth-century referendum. b. Common law is the most widely used legal system in the developed world. c. The Founding Fathers saw common law as vastly superior to customary law. d. It is a legacy of British legal practices that were in place during colonial times.

b

Why is murder considered mala in se? a. Since not all people share the view that it is evil, it must be criminalized. b. It is an offense that by its very nature is evil and immoral. c. A majority of people think it should be a crime. d. It is one of the few crimes that universally is viewed as wrong.

c

Why is the U.S. response to terrorism in relation to criminal law coming under fire from critics? a. New laws aimed at reducing and preventing terrorism actually serve to limit the federal government in conducting effective investigations. b. In many instances, laws aimed at curbing terrorism are being illegally applied to assist authorities in non-terror-related criminal cases. c. Many new antiterrorism laws provide the government with sweeping investigatory powers that can be potentially abused. d. New antiterrorism laws have failed to deter terrorists and don't go far enough in catching terror plots.

a

Why is there an increasing push to decriminalize certain low-level offenses by lowering penalties? a. changing social perceptions and public opinion b. changing composition of the Supreme Court c. the need to streamline the criminal court d. a move towards decreasing recidivism rates

b

Why makes excuse and justification defenses difficult to deploy? a. Individuals are rarely accused of crime when there is not overwhelming evidence against them. b. It is hard to disprove the criminal intent of an individual. c. Many state courts only allow for such defenses if there is tangible proof. d. Due to the nature of the human brain, most individuals are cognizant of their actions.