Chapter 12: Criminal Law and Procedure

The Battered Woman or Spouse syndrome differs from normal self-defense in that...?

A person does not have to be in immediate danger if they were previously abused frequently.

A motion for _______________ requests the court to let the jury visit the scene of the crime.

A view

An ______________ defense requires proof that the defendant could not have been at the scene of the crime.

Alibi

The _______________ is a criminal proceeding at which the court informs the defendant of the charges being brought against the defendant, and he or she enters a plea.

Arraignment

An ____________ occurs when the police restrain a person's freedom and charge the person with a crime.

Arrest

The ______________ syndrome is a defense sometimes allowed to a victim of repeated attacks even when the victim is not in immediate danger.

Battered woman's or spouse's

A stalking statute makes it illegal to engage in conduct that is "reasonably likely to harass, annoy, or embarrass" someone...?

Can be attacked as being overbroad, the defense is called void for vagueness or overbreadth

A _______________ crime is one for which the death sentence can be imposed.

Capital crime

Felonies for which the death sentence can be imposed are known as...?

Capital crimes

A motion for a ____________ attempts to achieve an impartial jury panel through a request for a change of the location for trial.

Change of venue

By ___________, the judge informs the jurors of the law that they need to know to make their decision.

Charging the jury

A motion to ______________ is used to change the date of trial, usually to postpone to a later date.

Continue

Questioning that occurs after a defendant's freedom has been deprived in a significant way is known as ____________.

Custodial interrogation

A person is in _____________ when that person has been deprived of his or her freedom in a significant way.

Custody

The Constitutional protection against being tried twice for the same crime is known as ____________.

Double jeopardy clause

The defense of ____________ alleges that force or a threat of force was used to cause a person to commit a criminal act.

Duress

The defense of ____________ alleges that the defendant would not have committed the crime but for police trickery.

Entrapment

Because a defendant is presumed innocent until proven guilty, in a criminal trial the defense presents its evidence first.

False

Because of the rule against double jeopardy, a single act could be prosecuted as either a federal or a state a crime, but not as both.

False

Because so much is at stake in a criminal trial, juries are not allowed to draw inferences about the defendant's state of mind, but must rely on direct evidence only.

False

Burglary is another name for theft.

False

Due process requires that there be uniformity between the states as to what constitutes criminal behavior.

False

In a criminal case, the prosecution must prove each element by a preponderance of the evidence.

False

In criminal cases, after the appeal period has expired, the only avenue for relief is through a writ of habeas corpus.

False

Neither substantive nor procedural criminal law change very rapidly.

False

Police can only arrest a suspect if they have a warrant.

False

States can never criminalize symbolic speech, such as cross burning.

False

The Model Penal Code has been adopted verbatim in most states.

False

The Model Penal Code uses the categories of general and specific intent to classify crimes.

False

The U.S. Supreme Court has held that the execution of the mentally retarded and juveniles under the age of 18 does not violate the Eighth Amendment's prohibition against cruel and unusual punishment.

False

The highest level of intent is knowingly, followed by purposefully, recklessly, and negligently.

False

A ______________ is a serious crime, usually carrying a prison sentence of one or more years.

Felony

The _______________ doctrine holds that evidence that is derived from an illegal search or interrogation is inadmissible.

Fruit of the poisonous tree

A motion for _____________ allows indigent defendants access to money from the state.

Funds

If you left a classroom with a classmate's textbook, thinking it was your own, you could not be convicted of theft because you...?

Had no mens rea (bad intent)

A _____________ crime occurs when the selection of the victim is based on that person's membership in a protected category, such as race, sex, or sexual orientation.

Hate

_____________ is the killing of one human being by another.

Homicide

A grand jury's written accusation that a given individual has committed a crime is known as an _____________.

Indictment

The _____________ defense requires proof that the defendant was not mentally responsible.

Insanity

The ____________ test provides that the defendant is not guilty due to insanity if, at the time of the killing, the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.

M'Naghten

A ______________ is a minor crime, usually punishable by a fine or a jail sentence of less than a year.

Misdemeanor

If an attorney wanted the court to make evidentiary and trial decisions prior to the beginning of trial, the attorney would file a motion...?

Motion to limine

If an attorney wanted to keep a witness out of the courtroom until after he or she testifies, the attorney would file a motion to...?

Motion to sequester witnesses

If an attorney wanted to have multiple defendants tried in separate trials, the attorney would file a motion to...?

Motion to sever

______________ is a defendant's plea that means the defendant neither admits nor denies the charges.

Nolo contendere

A __________________ is a defendant's personal promise to appear in court.

Personal recognizance bond

The federal Racketeer Influenced and Corrupt Organizations Act is better known by its abbreviation: ___________.

RICO

A motion to ______________ requests that a particular judge remove himself or herself from a case.

Recuse

A ________________ is a court's prior permission for police to search and seize.

Search warrant

The justified use of force to protect oneself or others is known as ______________.

Self-defense

When the perpetrator of a crime is punished so that he or she will not commit other crimes, this is known as...?

Specific deterrence

The Fifth Amendment prohibits law enforcement agents from forcing defendants...?

To witness against him or herself

"Hate crime" statutes enhance the punishment in situations where the defendant has been found guilty of another crime but selected the victim because of that person's race, religion, or other specified factors.

True

A homicide is the murder of a human being.

True

A number of states, as well as the federal government have enacted "three strikes" or habitual offender statutes that mandate a required prison sentence for third time offenders.

True

After the prosecution rests, the defense may make a motion to require a finding of not guilty for some or all of the charges.

True

Because of constitutional protections, all searches must be conducted using a warrant.

True

Crimes affecting government functions include bribery, perjury, and treason.

True

Deadly force can be used to protect persons or property.

True

For the results of searchers and seizures to be admissible in court, the police must comply with the requirements of the Fifth Amendment.

True

If a defendant is considered incompetent at the time of trial, he may not be tried, even if he was sane at the time he committed the crime.

True

If the police suspect a gun is present, a frisk may take place inside the clothing or pockets of the suspect.

True

Legislatures often subdivide felonies and misdemeanors into different classes with different ranges of imprisonment.

True

No act is a crime unless the legislature has written a statute explicitly prohibiting that behavior.

True

Once Miranda warnings have been given, the police cannot interrogate the suspect further, unless the defendant waives these rights.

True

Police frisks serve the dual purposes of protecting the officers and aiding in the detection and prevention of crime.

True

Probable cause is a higher standard than reasonable suspicion.

True

Some defenses are complete defenses to a crime, and the defendant would be found not guilty.

True

The Sixth Amendment guarantees a right to be represented by an attorney.

True

The criminal codes of most states classify crimes according to the type of harm caused to society, such as, harm to the person, harm to property and home, harm to society's health and safety, and crimes against the government itself.

True

The defense generally has a right to discover all the evidence that the prosecution intends to use at trial.

True

The law assumes that people know the probable consequences of their acts.

True

The opening and closing arguments are not evidence.

True

The three competing standards for determining insanity are the M'Naghten Test, the Irresistible Impulse Test, and the Model Penal Code Substantial Capacity Test.

True

The two required elements for every crime are the requisite mens rea and actus reus.

True

While ignorance of the law is no excuse, ignorance of facts may be.

True

The Fifth Amendment protection against double jeopardy...?

Trying the defendant more than once for the same crime

A city ordinance empowers the police to order groups of loiterers to disperse if the officer reasonable believes that one of the loiterers is a gang member..?

Void for vagueness or overbreadth argument

Police must give a suspect his or her Miranda warning before subjecting him or her interrogation...?

When the suspect is in custody