Criminal Justice Outbound test Chap 4

Which constitutional amendments limit and control the manner in which the federal government operates the justice system?

The Sixth Amendment The Fourth Amendment The Eighth Amendment The Fifth Amendment

Which of the following are failures to act or omissions to act that can be considered a crime in some jurisdictions?

A contractual relationship, imposition by statute, and failure to perform a legally required duty that is based on relationship or status.

On some occasions, the failure or omission to act can be considered a crime. In which of the circumstances below could the individual have legal sanctions brought against them for their inaction?

A husband finds his wife unconscious because she took several sleeping pills. He does not call 911 because she had been depressed and expressed self-harm in the past.

Which of the following are examples of prohibited ex post facto law?

A law that makes a crime more serious after the fact than when it was first committed, a law that makes an act a criminal act after it was committed, and a law that inflicts greater punishment than was available when the crime was committed.

If a person knows a particular action is wrong but is not sure why, this is known as what?

A mistake of law

Which of the following are explanations for why criminal laws may be added, amended, or appealed?

Advances in technology require new laws to govern those advances, social and moral norms change over time, and the law is no longer applicable.

Before legislatures existed, social order depended on obedience to unwritten rules based on local community customs. These traditions were passed on from generation to generation and altered from time to time in order to meet changing conditions. In England, these unwritten rules were eventually incorporated into court decisions. These traditions became the:

Common Law

What is the body of rules that define crimes, set out their punishments, and mandate the procedures for carrying out the criminal justice process?

Criminal law

Which of the following are excuse defenses?

Duress defence and justification defence.

What is the term used to define a court-ordered process in which a record, an arrest, or a conviction is "sealed," or erased from a person's record?

Expungement

are offenses that are punishable by death or imprisonment in a penitentiary. Assessment question

Felonies

How does Black's Law Dictionary distinguish between felonies and misdemeanors?

Felonies are more serious than misdemeanors.

Choose the categories into which crimes can be classified

Felonies, violations, and misdemeanors.

What are offenses that are considered crimes due to existing social conditions. Assessment question

Mala prohibitum

What are offenses that are considered to be by their own nature evil, immoral, and wrong.

Male in se

Under common law, for an act to constitute a crime, the actor must have which of the following?

Mens rea

are offenses that are generally punishable by fine or imprisonment otherwise than in a penitentiary. Assessment question

Misdemeanours

Felony disenfranchisement refers to what?

People with felony convictions lose their right to vote.

Which type of law must be followed when obtaining warrants, investigating offenses, effecting lawful arrests, conducting trials, introducing evidence, sentencing convicted offenders, and reviewing cases by appellate courts?

Procedural law

The framework for how criminal cases are handled is defined by procedural law. Which of the following does procedural law govern?

Questions of appeal, jury selection, and rules of evidence.

Which of the following is not a goal of substantive criminal law?

Redistribution of wealth

On December 31, 2018, the president signed the First Step Act into law. Which of the following are key reform considerations of the First Step Act?

Reduction in recidivism and incentives for success.

In response to the events surrounding 9/11 and in an effort to fight terrorism, the government approved which act to give sweeping new powers to domestic law enforcement and international intelligence agencies?

The Patriot Act

Case law, or law that is established by the outcome of previous cases, is carried into the U.S. legal system through which concept from English common law?

Stare decisis

Contrary to civil law in which individuals receive monetary compensation for harm done, fines imposed within criminal law go to who?

State

What is the branch of the law that defines crimes and their punishment?

Substantive criminal law

What type of laws defines crimes and their punishment in U.S. society?

Substantive criminal law

Which ancient civilization was the first to codify the legal charters that now serve as the basis of U.S. criminal codes?

The Babylonians

Which Amendment to the Bill of Rights prohibits excessive bail and cruel or unusual punishment?

The Eighth Amendment.

The concept of due process can be found in which constitutional amendment?

The Fifth Amendment

Which Amendment to the Constitution limits the admissibility of confessions that have been obtained unfairly?

The Fifth Amendment

Which Amendment ensures the protections enumerated in the Bill of Right are applied by the states?

The Fourteenth Amendment

A person is considered insane if at the time they committed the crime, they were operating under defective reasoning and could not tell or know what they were doing was wrong. Choose the rule for this definition.

The M'Naghten rule

What is the doctrine that states evidence seized by police in violation of the rights and privileges presented by the Constitution cannot be used in a court of law?

The exclusionary rule

Which of the following defenses is referred to as a "fit of passion"?

The irresistible impulse defense

A police officer who shoots a suspect they believe is drawing a weapon cannot be charged with murder unless an exception exists. Identify all the exceptions that would allow an officer to be charged in this case.

The officer's action was not contained within the scope of their duties, The officer's actions were grossly negligent, the officer had no malicious intent.

Procedural due process seeks to ensure that no person will be deprived of life, liberty, or property. Which of the following are part of procedural due process?

The right to a formal hearing, the right to counsel, and the privilege to be free from self incrimination.

What individual rights are protected under the Sixth Amendment of the American Bill of Rights?

The right to a speedy and public trail.

What protections are afforded an individual under the Second Amendment of the American Bill of Rights?

The right to keep and bear arms

Which of the following are goals of substantive criminal law?

To express public opinion and morality, to maintain social order, to enforce social control, to punish wrongdoing, to provide restoration and to deter criminal behave.

What is the purpose of the amendments to the U.S. Constitution?

To prevent the government from usurping the personal freedoms of citizens

What does the term stare decisis refer to?

To stand by decided cases

All criminal law in the United States must conform to the rules and dictates of the

U.S constitution

penalty

a punishment for doing something which is against a law or rule

tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.

In the United States, to fulfill the legal definition of a crime, there must be proof of:

both actus reus and mens rea, and there must be a concurrent relationship between them.