Chapter 4 Quiz's
According to common law, judges are free to make any decision they feel is right regardless of the decisions of previous judges. True or False?
False
Felonies are crimes that are punishable up to a year in jail, or fines. True or False?
False
In order to be convicted of a violation of the substantive criminal law, all elements must be proven by the prosecution beyond a reasonable doubt. True or False?
True
Social control is best defined as: a. The ability of a society to manage, restrain, or direct behavior. b. Preventing crimes, especially mala in se crimes c. Future courts ruling similarly to previous courts. d. Violating social norms.
a
The affirmative defense of __________ is when the defendant committed the illegal act because somebody else was threatening serious harm that could be carried out immediately. a. Duress b. Self-defense c. Necessity d. Insanity
a
The altering, copying, or imitating of something, without authority or right, with the intent to deceive or defraud by passing the copy or thing altered or imitated as that which is original or genuine; or the selling, buying, or possession of an altered, copied, or imitated thing with the intent to deceive or defraud. Attempts are included. a. Forgery and counterfeiting b. Fraud c. Embezzlement d. Human Trafficking, commercial sex acts
a
The element of substantive criminal law that requires the guilty act and the guilty mind to occur together is called: a. Concurrence b. Legality principle c. Causation d. Actus Reus
a
The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. a. Larceny-theft (except motor vehicle theft) b. Motor vehicle theft c. Fraud d. Stolen property: buying, receiving, possessing
a
To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law. Attempts are included. a. Vandalism b. Disorderly conduct c. Vagrancy d. Arson
a
Any behavior that tends to disturb the public peace or decorum, scandalize the community, or shock the public sense of morality. a. Liquor laws b. Disorderly conduct c. Gambling d. Driving under the influence
b
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 or violence and/or by putting the victim in fear. a. Burglary (breaking or entering) b. Robbery c. Aggravated assault d. Weapons: carrying, possessing, and so on
b
Which of these is NOT an example of a mala prohibita crime? a. Illicit drug use b. Robbery c. Jay-walking d. Prostitution
b
Assaults and attempted assaults where no weapon was used or no serious or aggravated injury resulted to the victim. Stalking, intimidation, coercion, and hazing are included. a. Aggravated assault b. Offenses against the family and children c. Other assaults (simple) d. Burglary (breaking or entering)
c
The purpose of procedural law is to: a. Provide official redress for private disputes. b. Serve as the supreme law of the land. c. Specify the rules that criminal justice actors must follow. d. Define specific acts that are prohibited.
c
The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The following drug categories are specified: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics―manufactured narcotics that can cause true addiction (Demerol, methadone); and dangerous nonnarcotic drugs (barbiturates, Benzedrine). a. Fraud b. Criminal homicide c. Drug abuse violations d. Drunkenness
c
The willful (nonnegligent) killing of one human being by another a. All other offenses b. Arson c. Murder and nonnegligent manslaughter d. Manslaughter by negligence
c
Which Amendment includes protections against double jeopardy? a. Fourth b. Eighth c. Fifth d. Sixth
c
An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. a. Robbery b. Criminal homicide c. Weapons: carrying, possessing, and so on d. Aggravated assault
d
The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. a. Human Trafficking, involuntary servitude b. Prostitution and commercialized vice c. Sex offenses (except rape, prostitution, and commercialized vice) d. Rape
d
Which of these is NOT a difference between civil and criminal law? a. Criminal courts impose sanctions that can be as severe as incarceration or death, whereas civil courts impose monetary sanctions. b. Violations of criminal laws must be proven beyond a reasonable doubt, while violations of civil laws must be proven by the preponderance of the evidence. c. Defendants are found "not guilty" or "guilty" in criminal law, but are found "not liable" or "liable" in civil law. d. Criminal law is imposed by private parties such as the victims of crime whereas civil law is mobilized by the government on behalf of the citizens.
d
