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