Criminal Law Chap 1-4

Which of the following is NOT true of the three basic elements to criminal liability?

They include due process.

Because of the equal protection clause, which of the following is TRUE?

U.S. citizens of all races must be looked at equally through the eyes of the law.

Which is TRUE in a federalist system?

Laws are made by the central governing authority AND by the constituent units

Which of the following is TRUE of district courts?

They are the lowest courts at the federal level.

Which of the following BEST encapsulates the Eighth Amendment?

Prohibition of cruel and unusual punishment

During the trial of George Zimmerman and the killing of Trayvon Martin, ________________ were in the spotlight?

Stand your ground laws

Daniel, a lead prosecutor in an important murder trial, has carefully stored the blood-stained clothing, bullet casings, and the firearm found at the scene of a crime. Which of the following is TRUE of these items?

They represent real evidence

Why does the judiciary hesitate to intrude on the legislative branch's law-making authority?

Because the courts presume that all laws are constitutional.

It cannot be overstated how rare it is for which of the following to negate mens rea? -Purpose -Intent -Ignorance -Motive

Ignorence

William and Mary, a recently divorced couple, are involved in a heated custody battle for their two young children. The one point that neither is arguing is that each is the biological parent of the two girls. Which of the following does this point represent?

A conclusive presumption

Which of the following is a key difference between a conduct crime and a result crime?

A conduct crime need not result in any harm to another or property, whereas a result crime is not complete without such actual harm.

Manuel has little defense, as he did commit the crime and there is video footage of him doing so. The video footage, however, is eleven years old, and the statute of limitations for this particular crime is ten years. Which of the following types of defense is the one that Manuel will MOST LIKELY employ?

A nonexculpatory defense

The death penalty is NOT considered permissible punishment in cases involving ________. defendants under the age of 18. cases in which the defendant is found to be mentally retarded. in cases involving the rape of a victim. All of the above.

All of the Above

Why are the early legal codes such as the Code of Hammurabi and the Twelve Tables important to our criminal justice system today?

Because they signaled the emergence of "formalized" law

Which of the following principles of self-defense do "stand your ground" laws conflict with?

Absence of alternatives

Jerry's act, in of itself, of slitting the throat of his father as he slept would be referred to as ___________

Actus reus

Which of the following BEST encapsulates the decision in Glossip v. Gross?

An affirmation of the lower court's decision that death by lethal injection was not cruel and unusual punishment.

Levion is being charged with armed robbery. His lawyer has informed him that there are two general categories of defense. Levion feels that a justification defense is out of the question. What defense choice is he left with?

An excuse defense

Why does every state provide double jeopardy protection?

Because of the Supreme Court's decision in Benton v. Maryland

Willow is facing charges of manslaughter. She plans to employ an excuse defense. In doing so, she will be admitting that what she did was wrong. How, then, can she expect this defense to be effective?

Because she will also be claiming that she should not be held responsible for doing it

Why is it said that "ignorance of the law is no excuse"?

Because everyone has a duty to inquire about the legality of their actions

Why is our system considered a "dual court system"?

Because it separates federal and state courts

Why are precedents important?

Because judges decisions were guided by earlier court decisions, ensuring continuity and predictability.

Sandy had been afraid ever since Bob told her loudly over the phone that he would kill her the next time he saw her. She watched out her window as Bob walked by on the sidewalk on his way to the grocery store. Sandy knew she could not outrun Bob, that he was much stronger than her, and that he outweighed her by nearly 100 pounds. So, as he calmly walked down the sidewalk in the other direction, she bolted out of her house, ran up to him from behind, and stabbed him violently in the back. Bob turned to Sandy and immediately started to strangle her, but it was too late. He dropped to his knees, light-headed from the excessive bleeding and died shortly after. Why will self-defense probably NOT work as a defense for Sandy?

Bob's attempted strangulation of Sandy was not an unprovoked attack.

Brenda arrived home to find a man outside of her home threatening to "burn it down." As she approached him, now with a gun drawn, he placed the lit torch he had closer to the corner of her home. Brenda had no other choice but to shoot the man if she wanted to save her home, so that's exactly what she did. The man died later at the hospital from his injuries. Brenda has been charged with murder. Which of the following will MOST LIKELY be the outcome of her trial, and why?

Brenda will be convicted, because deadly force is never allowed in defense of property.

How does the criminal law protect society via rehabilitation?

By changing offenders for the better

Charlyce decided that she wanted to protect her home from would-be burglars while she was out of town, so she devised and installed an elaborate booby trap system in her front yard that, when activated by someone approaching her front porch, would "swallow" that person and detain them in a deep hole underneath her front yard. Which of the following is LIKELY to happen the first time Charlyce's booby trap is used to detain an unsuspecting burglar?

Charlyce will MOST LIKELY be charged with a crime because booby traps are not allowed as they pose a great risk to others.

Kiefer, on trial for robbery, fully admits to walking up to the store clerk, demanding the money in the register, and taking the cash handed to him. He immediately, however, had a change of heart, giving all of the money back to the clerk before slowly walking out the door. Which of the following is Kiefer MOST LIKELY to use as a defense? -An excuse defense -De minimus infraction defense -A justification defense -Self-defense

De minimus infraction defense

Silvana's words to the large crowd were directly and purposely meant as an attack on the good reputation of the police chief. Which of the following BEST describes her speech? Blackmail Fighting words Libel Defamation

Defamation

Which from the following would be considered a voluntary act?

Harold who lights fire to his home after dousing it and his sleeping wife in kerosene.

Royce is a rookie police officer. During his first week on the job, he was faced with a situation in which he had to apprehend a man suspected of the violent rape and murder of his neighbor. When Royce confronted the man at his apartment building, the suspect instantly started to flee. Royce called out a verbal warning for him to stop. He then fired three warning shots into the air to try to get the suspect to stop. After that, he determined that the suspect probably did not pose an imminent threat to others or himself. So, he let him escape. The next morning, a team of officers apprehended the man and made a successful arrest. What, if anything, did Royce do wrong?

He fired warning shots into the air. Law enforcement agents are prohibited from firing warning shots..

It was determined in court, after much testimony and discovery that Franco could not have legally consented to the crime against him. Which of the following is MOST LIKELY true of Franco?

He is too young

Which of the following represents the difference in the burden of proof requirement in criminal versus civil cases?

In criminal cases, the burden of proof must be beyond a reasonable doubt, whereas in civil cases the standard is generally the preponderance of evidence.

After receiving a guilty verdict, Harry was most likely going to be sentenced to a minimum of twenty years in prison. The goal is to remove Harry from society so that he will no longer be able to reoffend. This is an example of _______. Malum in se

Incapacitation

Which of the following is TRUE of the use of deadly force?

It can never be used in the defense of property. Deadly force can never be used in the defense of property.

Justice Stevens strongly disagreed with the other eight justices in an important landmark decision. His opinion in the case was worded with careful, strong language. Which of the following is TRUE of Justice Stevens' opinion?

It is a dissenting opinion

Which of the following is TRUE of self-defense as a defense? It is categorized as an action related to volitional deficiencies. It is an example of a justification defense. It is an example of an excuse defense. It is categorized as an involuntary action.

It is an example of a justification defense.

Josefa was to receive five million dollars from a life insurance policy her husband had taken out to provide for her and their children in the event of his untimely death. The prosecution planned to use this as evidence against her in the murder trial. Which of the following can be said about this evidence?

It is circumstantial evidence

Which of the following is TRUE of self-defense in every state?

It is legal, in one form or another, in every state.

Which of the following is TRUE of mens rea?

It is probably best defined as intent.

Which of the following is NOT true of negligence? -It basically means that a person failed to foresee any possibility that harm would result. -It is a common term in criminal law. -It is concerned with taking careless risks. -It is virtually the same as intent.

It is virtually the same as intent.

What might happen to a law that simply stated: "It is a crime to be bad"?

It would quickly be deemed "void for vagueness."

Which of the following was the Code of Hammurabi MOST known for?

Its harsh "eye-for-an-eye" philosophy

Which of the following is an example of a conduct crime? Tasha gave into the urge and decided to steal alcohol right off the store's shelf. Nadine knew she had no chance to get away with the murder once the prosecuting attorney demonstrated that the fingerprints and other DNA evidence on the gun and the ammunition matched hers. Nathalie was taken into custody once it was demonstrated by physical evidence on the child that she had been abusing her young son. Jim was pulled over by the officer for erratic driving, given a breathalyzer test, and, consequently, arrested for driving under the influence.

Jim was pulled over by the officer for erratic driving, given a breathalyzer test, and, consequently, arrested for driving under the influence.

Who among the following is MOST LIKELY to be able to use deadly force to prevent a crime without even being tried afterwards?

John, a police officer who used it to stop a man from smashing his car into a crowd of people

Josefa pointed a gun at her husband Tony and pulled the trigger. The bullet missed him completely; however, Tony suffered a heart attack at that moment and died. Josefa was acquitted. Which of the following is MOST LIKELY the reason why?

Josefa was acquitted because the prosecution could not demonstrate factual causation.

Sal is out at a bar when he sees a rival gang member, Ken, who begins mouthing off to him. Sal and Ken begin fighting when Sal grabs a broken beer bottle and bashes Ken in the head. Sal takes off and Ken makes his way to the hospital. Once outside however, a shootout ensues and Ken is killed in the crossfire of other gang members. Sal is found not guilty of Ken's death due to ____________

Ken's death being the result of an intervening cause

Manny drove off the car lot without realizing that the salesman never ran his credit card for the payment of the car. Which of the following has Manny done?

Made a mistake of fact

Which of the following examples of speech IS protected under the First Amendment?

Michael publicly challenged his opponent in the heated Senate race to a debate over the issues. A political speech such as this would be protected speech (assuming it was not laced with obscenities, fighting words, lies, etc.

Which of the following can be accurately said about the death penalty in the United States?

Most states in the United States use the death penalty as a form of punishment.

Which of the following is considered a classic example of a result crime? Burglary Drunk driving Murder An attempted bank robbery

Murder

Which of the following BEST represents a key difference between necessity and consent?

Necessity deals with the unavoidable, whereas consent requires permission from the victim.

Alexis was only six months into her twenty-year prison sentence for manslaughter when her lawyer came to the prison to inform her that she was going to be charged with and tried for the killing of a second victim. If she is tried, will this be a violation of her protection against double jeopardy? Why or why not?

No, because the two charges are for two distinct crimes with two victims.

What BEST exemplifies the utilitarian perspective?

Officer Linkhorn had served on the community task force board for several years. The task force's goal is not only to help the community but also to help offenders reenter the community successfully.

Which of the following BEST encapsulates the castle doctrine?

Protecting one's home Correct. The castle doctrine provides that a nonaggressor is not required to retreat from his or her own home or dwelling.

What of the following represents the correct order of procedure during a criminal trial?

Rebuttal can only occur after both sides have presented their evidence and witnesses.

Which of the following is NOT true of double jeopardy?

Reprosecution is not permissible even in cases of mistrials.

Which types of crimes require the prosecution to prove causation in addition to concurrence between actus reus and the mens rea? -Conduct crimes -Federal crimes -Statutory crimes -Result crimes

Result crimes

Jose murdered a family of four in a home invasion. Today, he is being put to death by lethal injection. The family of the victims, in his case, did not care for rehabilitation of the offender. Instead they sought _______, in which the offender, Jose, should be made to suffer for his indiscretions. restoration retribution malum prohibitum restorative justice

Retribution

When does an omission NOT satisfy the actus reus requirement?

Sarah, who hears a passerby outside her window late one night crying out for help and fails to do nothing. It is later found that the woman outside was stabbed to death by a stranger. The general rule is that, with only a few exceptions, no person has a duty to act in a manner that prevents injury or loss of life to another. This is especially true in states that do not have statutes making this a requirement.

Bobby has been charged with first-degree murder. Which of the following does the special part of the criminal law require the prosecution to prove beyond a reasonable doubt?

That Bobby intentionally killed another human being

What important point did the Michael M. case raise?

That the government is not required to treat everyone exactly the same

What does factual causation require?

That there can be no criminal liability for a resulting harm unless it can be shown that the defendant's conduct was the cause in fact of the prohibited result

Who among the following is NOT a member of the executive branch? The President's Chief of Staff A federal prosecutor The Chief Justice of the Supreme Court of the United States The President of the United States

The Chief Justice of the Supreme Court of the United States

Michael's attorney is filing a formal suit against the court for what he believes is an unreasonably high bail set for his client. Which of the following Amendments to the Constitution will Michael's attorney argue was violated?

The Eight Amendment

Michele is worried that, even though she is soon to become a United States citizen, she will not be allowed to practice her religion and follow all of her religious beliefs. Which Amendment will Michele be relieved to know assures her this freedom?

The First Amendment

Although Giselle won her case against the insurance company, she does not expect to receive the awarded damages anytime soon because the large corporation has appealed the case. Which of the following will Giselle be considered during the next trial?

The appellee

Frances works for the federal government. Thus, according Article I, Section 8 of the U.S. Constitution, what matters would Frances and his coworkers most likely NOT involve themselves in?

The criminalization of acts, such as prostitution.

What do the courts now do in order to determine whether a statute violates the equal protection clause?

They apply one of three tests. n order to determine whether a statute violates the equal protection clause, the courts now apply one of three tests: strict scrutiny, intermediate scrutiny, and rational basis

The state of Louisiana passed a law making it illegal to demonstrate in the streets during any ongoing investigation into police brutality. The state passed this law in order to arrest the hundreds who had been protesting since the fatal shooting of an innocent man by police. What type of law would this be considered, and is it constitutional?

This law is an ex post facto law, and it is NOT constitutional.

Gary, the injured party, takes civil action against Cheryl, who negligently left cleaning fluid on the floor of her store causing Gary to slip and break his arm. Gary is seeking financial compensation for his medical bills. In this case, a ______ law has been violated. Tort criminal tort-feasor contract law

Tort

Which of the following is NOT one of the types of laws that have historically been scrutinized based on the void for vagueness doctrine? Loitering laws Vagrancy laws Obscenity laws Traffic laws

Traffic Laws

Which of the following scenarios BEST illustrates the difference between statutory mens rea and traditional mens rea?

Under traditional mens rea, it was important to know whether or not Jeremy had knowledge that the car he was driving had been stolen. However, under statutory mens rea, his knowledge or lack of knowledge that the car was stolen is irrelevant.

Manuel is a resident of the state of Utah. His federal case has already been twice appealed. He is nervous, however, because his attorneys have told him that the hearing next week will be his last chance, and that his case can go no further after next week's appeal. Where will Manuel's case be heard next week?

United States Supreme Court

Which of the following BEST encapsulates the 1985 Supreme Court ruling in Tennessee v. Garner?

Use of deadly force by police is only allowed when the fleeing suspect poses a serious threat of death or injury to others.

Which of the following is NOT an example of when ignorance or a mistake can serve as a defense to criminal liability?

When there is an honest misinterpretation of the law or criminal act in question

When has double jeopardy occurred?

When, for the same offense, a person is prosecuted after having been acquitted

If William agreed to drive his friend's car across the border from Mexico into the United States, knowing that there were drugs inside, would he likely be guilty of a crime, and why?

Yes, because he would satisfy the mens rea component of the underlying offense.

The Michael Brown case was an example of the ____________ defense.

law enforcement

A crew of sailors noticed their vessel was sinking. In order to keep the vessel afloat longer, they forced passengers into the cold waters killing them. After being rescued the crew was charged with murder. In response, the crew members used the ________ to defend their actions in court.

necessity defense