Chapter 4

Which of the following is not a justification defense?

Involuntary intoxication

________________ makes it possible to convict a person of a crime he or she did not actually commit.

Accomplice liability

Public backlash against the insanity defense led to enacting

"guilty but mentally ill" statutes

The __________ Amendment contains the prohibition against double jeopardy.

5th

The ___________ Amendment provides that no person shall be deprived of life, liberty or property without due process of law.

5th

An act that is deemed reckless is more serious than one that is purposefully committed.

False

Case law effectively establishes a single legal interpretation of a statute across multiple jurisdictions.

False

English traditions are the exclusive source of common law.

False

Inchoate offenses are those committed with an accomplice.

False

Insanity is a valid justification defense.

False

Statutory law does not include ordinances passed by cities and counties

False

Substantive due process mandates that the law must be carried out in a method that is fair and orderly.

False

The _____________ amendment requires states to adhere to the Bill of Rights.

Fourteenth

Which of the following is not one of the functions of criminal law?

Rehabilitate criminal offenders

A state of being aware that a risk does exist and then disregarding that risk is recklessness

True

Criminal law specifies that there must be concurrence between the guilty act and the guilty intent.

True

Precedent is a court decision that serves as example of authority for deciding subsequent cases

True

Statutory rape is an example of a strict liability crime.

True

Substantive due process requires that the laws used in accusing and convicting offenders be fair.

True

The Bill of Rights is comprised of the ten Amendments to the Constitution.

True

The due process clause basically requires that government not act unfairly or arbitrarily.

True

The necessity defense asserts that circumstances required the defendant to commit the illegal act.

True

The primary functions of the law are to protect citizens from harm and to maintain and promote social values.

True

Ultimately, it is the ______________ which determines whether an individual's due process has been violated.

United States Supreme Court

The rules, orders, and decisions of regulatory agencies are known as

administrative law

Many states use the concept of __________________ to impose harsher penalties on certain crimes.

attendant circumstances

Statutory law includes all of the following except

case law.

Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform is __________________.

duress

The model penal code sets forth

general principles of criminal responsibility

Alcohol intoxication can be used as a defense when

it is involuntary

A wrongful mental state is known as ________________.

mens rea

Hate crime laws make a person's __________ an important attendant circumstance to his or her criminal act.

motive

In criminal law, _____________ prevents unfair practices such as forced confessions, denial of counsel, or unreasonable searches.

procedural due process

The legal function of the law is to

protect and punish

Mens rea may be categorized as

purposeful, knowing, negligent, or reckless

The purpose of the social function of law is to

reflect values and norms of society

Lex talionis is the concept of

retribution

The M'Naughten rule is

test for measuring sanity

One of the earliest known examples of written law was

the Code of Hammurabi.

All of the following are requirements for the defense of duress, except: a. the harm threatened must be greater than the harm caused by the crime b. the threat must be induced by a public official c. the threat must be of serious bodily harm or death d. the threat must be immediate and inescapable

the threat must be induced by a public official