Criminal Law Test #2
1. Voluntary intoxication or drug use as the basis for the successful assertion of the insanity defense is _____ used. a. almost never b. never c. almost always d. always
a
10. The US Supreme Court held that a mentally retarded person could not be subject to the death penalty in______. a. Atkins v. Virginia b. Pruit v. State c. State v. Ramer d. Foucha v. Louisiana
a
4. The test which combines cognitive incapacity and moral incapacity is the: a. M'Naghten test. b. "Substantial Incapacity" test. c. Product rule. d. "Substantial Capacity" test.
a
A legal entity created under the laws of a state or federal government is the definition of a: a. corporation. b. contract. c. parent. d. business.
a
A mistake of fact can be a defense if it: a. negates the mens rea. b. is an act or omission. c. is unreasonable. d. breaks the chain of causation.
a
Actions by police officers using force to arrest a suspect are "seizures" of the suspect, and thus under the Fourth Amendment must be: a. reasonable. b. rational. c. non-deadly. d. safe.
a
Defendants who are found incompetent to stand trial: a. may be tried when they become competent. b. may not be tried at any time thereafter. c. are entitled to a verdict of not guilty by reason of insanity. d. are entitled to a verdict of not guilty due to diminished capacity.
a
Double jeopardy does not bar successive prosecutions of a defendant convicted of one offense if the subsequent prosecution involves: a. a different or separate offense. b. retrying a person who was previously found not guilty by reason of insanity. c. a new attorney. d. a different judge.
a
Double jeopardy prohibits a person from being tried: a. for an offense and then for a lesser-included offense. b. by both state and federal governments for the same offense. c. by two different states for the same offense. d. again after the appellate court grants a new trial.
a
For a crime to be attributable to a corporation, the person must: a. be in control of the corporation's affairs. b. hold stock in the corporation. c. have a relationship with the corporation. d. do business with the corporation.
a
Force that is likely to cause or is capable of causing death or serious bodily injury is called _____ force. a. deadly b. brute c. dangerous d. lethal
a
If the defendant has a reasonable alternative, and harm is not imminent, the defendant may: a. not utilize the necessity defense. b. utilize the necessity defense. c. utilize the necessity defense only to take the life of another. d. utilize the necessity defense in misdemeanor, not felony cases.
a
In a bench or court trial, jeopardy attaches once the: a. first witness is sworn in. b. prosecution rests its case-in-chief. c. judge reaches a verdict. d. judge imposes a sentence.
a
In a jury trial, jeopardy attaches once the: a. jury is sworn. b. first witness is sworn in. c. jury reaches a verdict. d. judge imposes a sentence.
a
In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a party to the crime is called: a. corpus delicti. b. affirmative defense. c. entrapment. d. burden of proof.
a
In most states the defendant's voluntary intoxication or drug use may serve as the basis for a claim of: a. diminished capacity. b. not guilty by reason of insanity. c. guilty but insane. d. guilty but mentally ill.
a
In most, if not all states, the use of booby traps is: a. unlawful. b. lawful. c. lawful only if injury does not result in death. d. subject to civil penalties only.
a
Should a frail, elderly woman begin to hit a large, athletic man with an umbrella, the man may: a. defend himself by taking the umbrella away from the woman. b. seize the umbrella and strike the woman with it. c. use any force, including deadly force. d. retreat, but cannot otherwise defend himself.
a
Stand your ground" laws change the ______ doctrine in many states by adopting a presumption that a homeowner has a fear of imminent peril whenever he is attacked in his home. a. castle b. in loco parentis c. Brown d. Garner
a
State laws and police regulations regarding the use of deadly force must conform to the requirements established by the US Supreme Court in: a. Tennessee v. Garner and Graham v. Connor. b. Tennessee v. Garner and Couture v. Com. c. Tennessee v. Garner and State v. Escamilla. d. Tennessee v. Garner and People v. Miller.
a
State laws or regulations stating how and when police officers may use force must also comply with the _______ Amendment. a. Fourth b. Fifth c. Sixth d. Seventh
a
The "separate offense" rule states that where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision: a. requires proof of an additional fact which the other does not. b. occurred in the same location. c. occurred at the same time. d. was a felony or misdemeanor.
a
The Florida "stand your ground" law creates a presumption that a homeowner has a reasonable fear of imminent peril or death whenever another person unlawfully and: a. forcefully enters the dwelling. b. illegally enters the dwelling. c. willingly enters the dwelling. d. readily enters the dwelling.
a
The US Supreme Court ruled that the Fourth Amendment applies to use of force by a police officer because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of: a. physically intrusive governmental conduct. b. inappropriate governmental conduct. c. abusive governmental conduct. d. physically abusive governmental conduct.
a
The _______ test emerged from the M'Naghten case. a. "right and wrong" test b. substantial capacity test c. product-of-mental illness test d. defect of character test
a
The ________ test is used to determine when a speedy trial violation has occurred. a. four-factor balancing b. five-factor balancing c. six-factor balancing d. seven-factor balancing
a
The _____doctrine states that a person in his home is justified in using reasonable force, including deadly force, in response to an assault in their home. a. castle b. queen c. king d. loco parentis
a
The castle doctrine states that people who have been assaulted in their homes by a trespasser have no duty to retreat or flee but may stand their ground and use such force as is necessary and: a. reasonable to defend themselves. b. required to defend themselves. c. sensible to defend themselves. d. fair to defend themselves.
a
The elements of the defense of entrapment are: a. improper government inducement of the crime and lack of predisposition on the part of the defendant to engage in the criminal conduct. b. improper inducement of the crime and lack of predisposition on the part of the defendant to engage in the criminal conduct. c. improper government inducement of the crime and predisposition on the part of the defendant to engage in the criminal conduct. d. All of these choices.
a
The general rule is that ignorance of the law is: a. not a defense. b. a defense only to crimes of violence. c. is a defense. d. is a defense only in capital cases.
a
To lawfully use deadly force in self-defense, what kind of fear of imminent death or great bodily harm must exist? a. Reasonable b. Subjective c. Actual d. Substantial
a
When an uncooperative driver refuses to submit to a breath or urine test police have begun taking forced: a. blood samples from these uncooperative drivers. b. breath tests from these uncooperative drivers. c. urine samples from these uncooperative drivers. d. All of these choices
a
Which judicial concept requires that defendants be given the opportunity to participate in their defense? a. Due process b. Right against self-incrimination c. Prohibition against cruel and unusual punishment d. Right to a jury trial
a
Which statement is true of the requirement of the M'Naghten rule as compared to the "substantial capacity" test? a. The "substantial capacity" test has a lesser requirement. b. The M'Naghten rule has a lesser requirement. c. The requirements of both are equivalent. d. All of these choices.
a
While the legislature is in session or legislators are traveling to the legislature, both the US and most state constitutions provide immunity from: a. arrest. b. prosecution. c. both arrest and prosecution. d. serving a sentence.
a
______ is a defense based on unacceptable government persuasion even though the defendant admittedly chose to commit the crime. a. Entrapment b. Frame up c. Set up d. Necessity
a
______ is/are not eligible for "stand your ground" protection. a. The aggressor b. The victim c. A person who aids the aggressor d. Innocent bystanders
a
n most states, duress is not a defense to: a. murder. b. treason. c. any crime. d. any property crime.
a
. Based on the Fourth Amendment, police officers may use deadly force when seizing a fleeing suspect: a. when the offense is a felony. b. when the offense is a felony and the suspect poses a threat to safety. c. regardless of the seriousness of the offense. d. if it appears the suspect will escape.
b
. The term "in loco parentis" refers to: a. transporting mental patients. b. people who take the place of parents. c. when parents are present. d. adoptive parents.
b
Due process is only possible if the defendant is: a. educated. b. competent. c. argumentative. d. innocent.
b
If a defendant is tried for the same offense by both the state and federal governments, this is: a. always a violation of double jeopardy. b. not a violation of double jeopardy. c. not a violation of double jeopardy if the first trial resulted in acquittal. d. a violation of double jeopardy only if the first trial resulted in acquittal.
b
Laws that encourage people to come to the aid of another are referred to as ______ laws: a. Good Friend b. Good Samaritan c. Friendly Neighbor d. Helping Hands
b
Many grants of immunity come after a witness asserts his or her _____ Amendment privilege against self-incrimination. a. Fourth b. Fifth c. Sixth d. Eighth
b
States with the "guilty but mentally ill" verdict: a. have abolished the insanity defense. b. have retained the insanity defense. c. consider it identical to the not guilty by reason of insanity verdict. d. require the prosecution to prove the defendant was mentally ill.
b
The Supreme Court has repeatedly maintained that it is a violation of due process to try to convict: a. child defendants. b. the mentally incompetent. c. the elderly. d. the innocent.
b
The amount of force used in self-defense or defense of another must, under the circumstances that exist, be: a. correct. b. reasonable. c. identical. d. less than the force being used by the aggressor.
b
The doctrine that allows the federal and a state government to file separate criminal actions for the same criminal act is called: a. federalism. b. dual sovereignty. c. res collateral. d. bi-level solution.
b
The protection against double jeopardy is found in the _____ Amendment. a. Fourth b. Fifth c. Sixth d. Eighth
b
Under the "substantial capacity" test, the "cognitive" part of the rule is satisfied: a. only if the defendant knew what he had done. b. even if the defendant knew what he had done, but lacked the substantial capacity to appreciate that what he had done was wrong. c. if the defendant knew what he had done, and could appreciate that what he had done was wrong. d. only if the defendant did not know what he had done.
b
When stopping a person for investigative purposes based upon "reasonable suspicion," officers may use: a. no force, only verbal warnings. b. reasonable and necessary force given the circumstances. c. their hands, but no devices, to control the subject. d. deadly force.
b
Where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether: a. the acts occurred at the same time. b. each provision requires proof of an additional fact which the other does not. c. the acts occurred sequentially in time. d. one crime is a lesser-included offense of the other.
b
______ is the defense that alleges that a law enforcement officer has improperly induced the defendant to commit the crime when the defendant was not predisposed to engage in the criminal conduct. a. Frame-up b. Entrapment c. Collateral citation d. Jinx
b
In the case of escape from prison or jail, duress or coercion may: a. never be used as a defense. b. be a defense only in limited circumstances. c. be a defense only if the defendant was subjected to cruel and unusual punishment. d. be a defense only if the defendant is innocent of the charge.
bn most states, duress is not a defense to: a. murder. b. treason. c. any crime. d. any property crime.
3. A defendant who is found not guilty by reason of insanity is almost always: a. tried again for the same offense. b. set free. c. committed to a mental institution. d. reimbursed by the government for the cost of the trial.
c
A verdict of not guilty by reason of insanity results in: a. dismissal of the charges. b. incarceration of the defendant. c. hospitalization of the defendant. d. a suspended sentence for the defendant.
c
Evidence of past abuse offered by women charged with violence against their abusers to show its psychological effects as part of their claims of self-defense is called the _____ defense. a. burning bed b. abused spouse c. battered woman d. castle
c
Foreign diplomatic officers in the United States are immune from: a. arrest. b. prosecution. c. both arrest and prosecution. d. punishment for all crimes except felonies.
c
In Jackson v. Indiana, the US Supreme Court held that defendants who are not competent to stand trial may be held: a. up to 90 days. b. up to 120 days. c. no longer than a "reasonable period of time." d. up to 365 days.
c
In most states, the owner of a dwelling before using non-deadly force against someone who is trespassing must: a. threaten the use of deadly force against the intruder. b. call 911. c. request the intruder leave the property. d. fire a warning shot from a gun.
c
In states that have adopted "make my day" rules, the occupant of a dwelling a. may not use deadly force against an intruder. b. may use necessary, but not deadly force against an intruder. c. may use deadly force against an intruder. d. must retreat rather than use force against an intruder.
c
Non-deadly force is permitted when: a. deadly force won't work. b. robbing from a homeowner. c. evicting a trespasser. d. using public property, such as a park.
c
Superstition played a role in ancient England and in colonial America in accusing, mostly women, of: a. being agnostic. b. praying to God. c. practicing witchcraft. d. crimes against humanity.
c
The "choice of evils" defense is also known as the ______ defense. a. coercion b. entrapment c. necessity d. duress
c
The ______ rule does not put a limit on the use of deadly force by the occupant. a. trespasser b. homeowner c. "make my day" d. castle
c
The constitutional right to a speedy trial is found in the _____ Amendment. a. Fourth b. Fifth c. Sixth d. Eighth
c
The doctrine that prevents a second determination of a charge or issue once it has been judicially determined in a case involving the same parties is called: a. jeopardy. b. corpus delicti. c. double jeopardy. d. estoppel judicata.
c
The right to a speedy trial commences when a person: a. becomes the target of a criminal investigation. b. testifies before a grand jury. c. is officially charged with a crime. d. appears with counsel for trial.
c
The standard for the defendant to prove insanity is: a. strict proof standard. b. reasonable suspicion. c. a preponderance of the evidence. d. beyond a reasonable doubt.
c
The two types of immunity which may be granted to a witness or suspect are: a. overt and covert. b. latent and patent. c. transactional and use. d. absolute and contingent.
c
The use of a Taser by the police is considered to be: a. deadly force. b. lethal force. c. non-deadly force. d. brute force.
c
The use of a Taser by the police to prevent a suspect from jumping out the window, even if the use of the Taser causes the suspect's death, is considered to be: a. deadly force. b. lethal force. c. not excessive force. d. brute force.
c
The use of force is not permissible: a. to prevent harm to others. b. to prevent harm to oneself. c. to resist an unlawful arrest. d. when fighting back against an assailant.
c
To be lawful, force used in self-defense or defense of another must be both reasonable and: a. sufficient. b. nondeadly. c. immediately necessary. d. preventable.
c
Whether excessive force was used by police in making an arrest would be analyzed under the Fourth Amendment's _______ standard. a. due process b. equal protection c. reasonableness d. necessary
c
Which reason explains why use of deadly force is currently forbidden in the defense of property? a. Theft cases are harder to prosecute. b. People care less about their personal property. c. Law enforcement agencies are readily available to assist individuals confronted with theft. d. Property is considered communally owned.
c
11. Which is not a factor when determining criminal capacity for children? a. The nature of the crime b. The child's age and maturity c. Whether the child evidenced a desire for secrecy d. If the child does well in school
d
6. The test which focuses on the product-of-mental illness is the: a. M'Naghten test. b. "right and wrong" test. c. "Substantial Capacity" test. d. none of these answers is correct.
d
7. In states where it is available, should the jury find the defendant was guilty but mentally ill at the time of the offense, the defendant: a. is free to leave. b. may be committed to a mental institution. c. will automatically be committed to a mental institution. d. may receive any sentence that could be imposed for that crime.
d
A _____ may use deadly force when faced with the threat of death or serious bodily harm to the officer or another. a. police officer b. probation officer c. person nearby d. All of these choices may use deadly force.
d
A defendant of questionable competency should not be tried for a criminal violation for all of the following reasons except: a. trials of incompetent persons violate their due process rights. b. due process requires persons charged with crimes to be given an opportunity to consult with counsel. c. due process requires persons charged with crimes to be given an opportunity to assist in their own defense. d. justice is blind to such problems.
d
A factor not used to determine when a speedy trial violation has occurred is: a. the length of the delay. b. the reason for the delay. c. the prejudice resulting from the delay. d. None of these choices.
d
A person assaulted in his or her home by a trespasser has no duty to retreat and may use necessary force under the ________ doctrine. a. trespasser b. homeowner c. aggressor d. castle
d
A police officer may use non-deadly force in all of the following situations except to: a. detain a suspect. b. protect him/herself from harm. c. protect others from harm. d. when the suspect is fully cooperative.
d
An insanity test that claims that defendants are not legally responsible for their acts if, due to a defect of the mind, at the time of the crime they were unable to understand the difference between right and wrong, could be used in Scott's case and is called the: a. left and right test. b. moral and immoral test. c. good and bad test. d. right and wrong test.
d
As long as it is reasonable, a child may be disciplined by all of the following except: a. parents. b. any person in loco parentis. c. public school teachers. d. another student.
d
Currently most states prohibit the use of ______ force to protect property. a. physical b. imminent c. reasonable d. deadly
d
Double jeopardy applies: a. if a mistrial occurs before jeopardy has attached. b. if one action is criminal and one civil. c. only if the defendant is convicted in the first trial. d. when the trials are for the same offense in the same court.
d
Force may not be used in the defense of another person when: a. force is immediately necessary. b. the person using force is not the aggressor. c. the other person's actions are unlawful. d. force is used as a punishment.
d
If force in making arrests should be necessary because of resistance or an attempt to escape, the officer may use only such force as is reasonably believed necessary to achieve all of the following except: a. detain the offender, make the arrest, and conduct lawful searches. b. overcome any resistance by the offender. c. prevent an escape and retake the person if an escape occurs. d. err on the side of too much force.
d
In determining what constitutes a crime of child abuse, consideration will be given to the: a. age, size, and health of the child. b. reason for the discipline. c. gender of the child. d. age, size, and health of the child, and the reason for the discipline.
d
Key points in determining the lawfulness of force used in self-defense include all of the following except: a. unlawfulness. b. necessity. c. reasonableness. d. whether the assailant is armed or not.
d
Mistake of fact may not be used as a defense for a ______ offense: a. felony b. misdemeanor c. capital d. strict liability
d
State laws regarding the use of deadly force in making arrests must comply with the requirements established by the US Supreme Court in: a. Miranda v. Arizona. b. Mapp v. Ohio. c. Ingraham v. Wright. d. Tennessee v. Garner.
d
The test which focuses on volitional incapacity is the: a. M'Naghten test. b. "right and wrong" test. c. Product rule. d. "Substantial Capacity" test.
d
To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense counsel and: a. pass a literacy test. b. have the ability to hear and see. c. remember what happened at the time of the alleged crime. d. understand the charges and proceedings.
d
Under the "substantial capacity" test, the "volitional" part of the rule refers to the ability to control one's conduct even if it is known to be wrong, and requires: a. proof that defendant was not insane. b. proof that defendant was sane. c. expert testimony. d. only a showing of lack of substantial capacity.
d
When using the defense of duress, defendants admit they committed the crime but did so only because they were: a. ordered to do so by a superior. b. forced to become intoxicated or drugged. c. tricked by law enforcement. d. threatened with death or serious bodily injury if they did not commit the crime.
d
Which does not apply for a defendant to be found guilty beyond a reasonable doubt but mentally ill? a. Defendant is guilty of offense b. Defendant was mentally ill at time offense was committed c. Defendant was not legally insane at time offense was committed d. The defendant was sane but not mentally ill at the time offense was committed
d
Which is not a basis for finding a person incompetent to stand trial? a. Mental illness b. Mental retardation c. Physical illness d. Inability to hire an attorney
d
