chapter 3 mc

The accountability of an individual for a crime because of their characteristics and the circumstances of the illegal act is called: a. legal responsibility. b. civil law. c. cooperative law. d. procedural responsibility. e. real estate law.

a

The case deciding that an attorney must be provided to a poor defendant facing the death penalty was: a. Powell v. Alabama (1932). b. Haley v. Munro (1941). c. Marbury v. Madison (1803). d. Barron v. Baltimore (1833). e. Gideon v. Wainwright (1963).

a

The first 10 amendments to the U.S. Constitution are also known as: a. the Bill of Rights. b. the preamble. c. the procedural compendium. d. the declaration of independence. e. inalienable rights.

a

The idea that an accused cannot be criminally responsible if the crime was the result of mental disease or mental defect is known as the: a. Durham rule. b. M'Naghten rule. c. substantial capacity test. d. irresistible impulse test. e. model penal code.

a

The notion of ___________ suggests that an individual can only be subjected to one prosecution or punishment for a single offense in the same jurisdiction. a. double jeopardy b. self-incrimination c. fundamental fairness d. incorporation e. jurisprudence

a

The type of criminal law that not only defines the actions that the government canpunish, but also defines the punishments for such offenses is called: a. substantive criminal law. b. procedural criminal law. c. real estate law. d. civil law. e. cooperative law.

a

What is the legal doctrine supporting the idea that so long as a state's conduct maintains basic standards of fairness, the Constitution has not been violated? a. Fundamental fairness b. The incorporation doctrine c. Doctrine of fairness d. Original intent e. Evil intent

a

Bail is employed to: a. pay fines after being convicted b. assure an offender appears for trial c. cover legal costs d. compensate the system for the cost of incarceration e. allow the wealthy an escape from jail

b

Concurrence refers to: a. the causal relationship between an act and the harm suffered. b. the intent and the act both being present at the same time. c. the harm caused to some legally protected value. d. an act of either commission or omission by the accused. e. the law that defines the specific action as a crime.

b

Crimes that are usually punished by a sentence of less than a year in jail, probation, and or/fines are called: a. felonies. b. misdemeanors. c. civil infractions. d. criminal elements. e. victimless crime.

b

How is procedural criminal law defined? a. By prosecutors, through the filing of charges b. By courts, through judicial rulings c. By citizens, through ballot proposals d. By lobbyists, through political polling e. By police officers, through discretion

b

The causal relationship between an act and the harm suffered is referred to as: a. actus rea. b. causation. c. harm. d. legality. e. concurrence.

b

The definitions of crimes and people eligible for punishment are spelled out in: a. procedural criminal law. b. substantive criminal law. c. constitutional criminal law. d. fundamental criminal law. e. administrative criminal law.

b

The extension of the due process clause of the Fourteenth Amendment to make binding on state governments the rights guaranteed in the Bill of Rights is called: a. fundamental fairness. b. the incorporation doctrine. c. actus reus. d. doctrine of fairness. e. evil intent.

b

The type of criminal law that defines the rules that govern how the laws will be enforced is called__________ law. a. substantive criminal b. procedural criminal c. real estate d. civil e. cooperative

b

The unlawful entry of a structure to commit a felony or a theft is the definition of: a. assault. b. burglary. c. robbery. d. theft. e. larceny.

b

Which of the following is not a test of criminal responsibility used for the insanity defense? a. Model Penal Code b. Malice aforethought c. Durham Rule d. Irresistible Impulse test e. M'Naughten Rule

b

Which type of defense focuses an individual's action being socially acceptable under the circumstances despite causing a harm that violates criminal law? a. Excuse defense b. Justification defense c. Procedural defense d. Civil defense e. Necessity defense

b

____________ is the notion that a person cannot be forced to respond to questions in which the answers may reveal that they may have committed a crime. a. double jeopardy. b. self-incrimination. c. fundamental fairness. d. incorporation. e. jurisprudence.

b

Accidents are the clearest examples of which legal principle? a. Actus rea b. Presumptive guilt c. Mens rea d. Presumptive innocence e. Limited liability crimes

c

Lack of intent can be demonstrated by proving the occurrence of which of the following? a. Actus reus b. Mens rea c. Entrapment d. Insanity e. Duress

c

Minor offenses that are typically punishable by small fines and that produce no criminal record for the offender are called: a. felonies. b. misdemeanors. c. civil infractions. d. criminal elements. e. civil elements.

c

The _______ defense is used when people break the law in order to save themselves or prevent some greater harm. a. duress b. self-defense c. necessity d. infancy e. mistake of fact

c

The elements of a crime consist of: a. actus reus, inchoate offense, and concurrence. b. mens rea, actus rea, and punishment. c. attendant circumstances, mens rea, and actus reus. d. actus reus, causation, and inchoate offense. e. mens rea, inchoate offense, and legality.

c

The main purpose of the Comprehensive Crime Control Act of 1984 was: a. to strengthen laws regarding violence against women. b. to allow police departments to hire more officers. c. to limit the insanity defense to those with severe mental disease or defect. d. to punish federal offenders who cross state lines. e. to allow a maximum incarceration length of 50 years for homicide.

c

The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force of violence and/or by putting the victim in fear is the definition of: a. assault. b. burglary. c. robbery. d. theft. e. larceny.

c

This U.S. Supreme Court case originally ruled that the protections of the Bill of Rights apply only to the actions of the federal government. a. Robinson v. California (1962) b. The Queen v. Dudley and Stephens (1884) c. Barron v. Baltimore (1833) d. Gideon v. Wainwright (1963) e. Mapp v. Ohio (1961)

c

Which is true about the insanity defense? a. A large number of criminals escape punishment using the insanity defense. b. Every state in the United States has an option for defendants to claim insanity. c. The insanity defense is rarely used by defendants. d. The American criminal system has banned the use of the insanity defense. e. Defendants who claim insanity must be incarcerated in prisons rather than mental hospitals.

c

Which of the following changed the federal rules on the insanity defense by limiting it to those who are unable, as a result of severe mental disease or defect, to understand the nature or wrongfulness of their acts? a. The Durham Rule. b. The Federal Mental Health Reform Act. c. The Comprehensive Crime Control Act d. The Substantial Capacity Act. e. The Patriot Act.

c

Which of the following defenses is not an excuse defense? a. Insanity b. Entrapment c. Necessity d. Infancy e. Mistake of fact

c

Which of the following statements is true regarding the Supreme Court? a. Ideology has little to do with the ways Supreme Court justices rule on issues. b. Whoever wins the 2016 presidential election will have little impact on the makeup of the Supreme Court. c. In 2005 President George W. Bush appointed two new justices to the Supreme Court. d. President Obama has thus far appointed one new justice to the Supreme Court, Elana Kagan. e. President Bush's appointees have generally viewed as sympathetic to the rights of the criminal defendant.

c

Which of the following statements regarding searches, seizures, and stops is true? a. Searches, seizures, and stops are the same thing. b. Officers must have proper justification for a search, but not a seizure or stop. c. Seizures involve taking someone or something into custody, but stops do not. d. Search and seizure protections apply to offenders, but not law-abiding citizens. e. Police officers do not have to be knowledgeable about search and seizure laws, but must be cognizant of Constitutional restrictions placed on stops.

c

Coercion to commit a crime from another party would be considered what type of defense? a. Entrapment b. Self-defense c. Mistake of fact d. Duress e. Necessity

d

Entrapment occurs when: a. the accused claims is mentally ill. b. the accused acts in self-defense. c. the accused must commit the act to survive. d. the accused is lured into crime by the police. e. the accused is intoxicated.

d

If victims wish to recoup their losses following a crime, they must rely on: a. substantive criminal law. b. procedural criminal law. c. real estate law. d. civil law. e. cooperative law.

d

In a criminal prosecution, the accused shall enjoy the right to a speedy and public trial, an impartial jury, and to confront witnesses. This is protected by the ________ Amendment. a. First b. Fourth c. Fifth d. Sixth e. Eighth

d

The Fourteenth Amendment: a. protects citizens from unreasonable search and seizure b. protects citizens from unreasonable use of force by police c. spreads power between the executive and legislative branches d. requires states to observe federal due process standards e. provides counsel for indigent defendants

d

The Sixth Amendment to the U.S. Constitution guarantees that defendants have the right to a public and speedy trial, as well as to: a. protection from unreasonable search and seizure. b. freedom of speech. c. reasonable bail. d. assistance of counsel. e. the right to bear arms.

d

The case deciding that the protections of the Bill of Rights apply only to actions of the federal government was: a. Powell v. Alabama (1932). b. Haley v. Munro (1941). c. Marbury v. Madison (1803). d. Barron v. Baltimore (1833). e. Gideon v. Wainwright (1963).

d

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizure is found in the: a. First Amendment. b. Second Amendment. c. Third Amendment. d. Fourth Amendment. e. Fifth Amendment.

d

The right to counsel in felony cases was applied to the states in the landmark case of: a. Mapp v. Ohio (1961). b. Weeks v. United States (1914). c. Barron v. Baltimore (1833). d. Gideon v. Wainwright (1963). e. Furman v. Georgia (1972).

d

What distinguishes the defense of self-defense from the defense of necessity? a. Necessity occurs when an individual must harm an aggressor to ward off an attack. For self-defense, this is not the case. b. Necessity occurs when an offender has an incompetent attorney. For self-defense, this is not the case. c. Necessity occurs when an offender is tricked into committing a crime. For self-defense, this is not the case. d. Necessity occurs when offenders must break the law in order to save themselves or prevent some greater harm. For self-defense, this is not the case. e. Necessity and self-defense are the same thing.

d

Which of the following indicates that for a crime to occur there must be an act of commission or omission by the accused? a. Mens rea b. Inchoate offense c. Defamation d. Actus reus e. Concurrence

d

In 2005, some survivors of Hurricane Katrina illegally entered closed grocery stores to take food. These survivors may argue they are not guilty using the defense of: a. entrapment. b. self-defense. c. mistake of fact. d. immaturity. e. necessity.

e

The cruel and unusual test proposed by Justice Warren maintained that punishments may be declared unconstitutional if the punishment: a. is disproportionate to the offense. b. is comparable to a form of torture. c. offends the values of contemporary society. d. inflicts physical or psychological pain. e. all of the above.

e

Which of the following landmark U.S. Supreme Court cases required courts to provide attorneys for poor defendants facing the death penalty? a. Robinson v. California (1962) b. The Queen v. Dudley and Stephens (1884) c. Barron v. Baltimore (1833) d. Gideon v. Wainwright (1963) e. Powell v. Alabama (1932)

e

A guilty or blameworthy state of mind describes the element of: a. mens rea. b. inchoate offense. c. defamation. d. actus reus. e. causation.

a

Crimes usually considered and punished by more than a year in state or federal prison are called: a. felonies. b. misdemeanors. c. civil infractions. d. criminal elements. e. infractions.

a

Grand juries are used to determine whether: a. an offender should be prosecuted. b. an offender is guilty or innocent. c. an offender should be arrested. d. an offender should be incarcerated. e. a judge's decision should be recalled.

a

Procedures criminal justice professionals must follow in enforcement, adjudication, and corrections are __________ law a. procedural criminal b. substantive criminal c. constitutional criminal d. civil e. tort

a