Soc 131 Quizzes & Tests up to test 2
Which of the following is true concerning actus reus?
Actus reus involves conspiracies and attempts to act.
The process of determining whether the defendant is guilty is called:
Adjudication
According to lecture, insult is a misdemeanor crime in Germany but not in the United States. We used this as an example:
to explain that substantive criminal law has cultural foundations
true or false David Eagleman argues that the amount of free will we have may end up being so small that we eventually think about bad decision-making in the same way we think about any physical process, such as diabetes or lung disease.
true
true or false the presumption of guilt is not the opposite of the presumption of innocence
true
true or false: Native/Indian American tribes are sovereign nations, which have (generally speaking) the power to enforce tribal criminal laws against anyone (including non-Native Americans) on their land.
true
true or false: According to David Eagleman, human behavior cannot be separated from human biology.
true
true or false: A court order authorizing police officers to take certain actions, for example, to arrest a suspect or to search premises is called a warrant.
true
true or false: A sanction can include non-punishment interventions such as required rehabilitation programs.
true
true or false: According to David Eagleman, human behavior cannot be separated from human biology.
true
true or false: In his article about the crime control and the due process model, Herbert Packer uses the term "presumption of guilt." "Presumption of guilt" is a working hypothesis (a prediction of outcome) about the likelihood of a guilty conviction in a criminal trial based on the available facts.
true
true or false: Karl cannot be charged because actus reus did not concur with mens rea.
true
true or false: Put very generally, E. Bittner in his article, The Function of Police in Modern Society, is critical of how police work in the United States (as opposed to uncritical and supportive of the status quo).
true
true or false: Recklessness is a form of mens rea.
true
true or false: federal law enforcement agencies are part of the executive branch of the national government.
true
According to the text, police academy training courses in the United States typically consist of: two week to four month programs, two day to one week programs, two year to four year programs, six month to one year programs, or one year to three year programs
two week to four month programs
The question of law at the center of the Michelle Carter verdict is that: -there was uncertainty regarding the statute of limitations. -typical definitions of manslaughter do not cover words, only actions. -she was too young to be held responsible for her actions. -lawmakers criminalized an act after the fact. -another person had also pushed Conrad Roy to commit suicide, so it was difficult to establish that Carter was responsible.
typical definitions of manslaughter do not cover words, only actions
Some offenses involve participants that do not think that they are being harmed (like possessing drugs, prostitution), but these offenses are are prosecuted on the grounds that a society as a whole is being harmed. What do we call these types of crimes?
victimless crimes
A legislator in Wisconsin proposes police limit Miranda Warnings (the warning that a suspect does not need to incriminate themselves and have a right to an attorney) to suspects in potential homicide cases because these warnings all to often prove to be an obstacle to get a confession. This legislator is a proponent of the due process model.
False
According to lecture, Immanuel Kant's idea of justice allows for the killing of one person in order to save two or more.
False
Had O.J. Simpson been found guilty in his criminal trial he could NOT have been sued in civil court
False
Is the presumption of guilt opposite than the presumption of innocence?
False, the presumption of guilt is done by the police when the evidence points to a person so they arrest them, the presumption of innocence is promised by the law (innocent until proven guilty)
what is the difference between reactive and proactive policing? -Reactive policing directs resources to known high-crime areas; proactive policing works by making the police presence known in an area in an attempt to deter crime. -In reactive policing, police respond to requests; in proactive policing, police initiate actions without requests. -Reactive policing enforces conservative values whereas proactive policing represents liberal values. -Proactive policing assigns priorities to calls for service; reactive policing does not. -In reactive policing, police action is initiated without request; in proactive policing, police respond to requests from the public.
In reactive policing, police respond to requests; in proactive policing, police initiate actions without requests.
Herbert Packer contrasts two paradigmatic models that explain tensions in the criminal justice system. In lecture, we talked about the purpose of scientific models in general. Any scientific model (not only Packer's): -Is generally constructed for an object or process when it is at least partially understood, but difficult to observe directly. -Is a theory about a subject without or with only little evidentiary support. -All of these statements are true -Is a representation of an idea that is just a hypothesis or theory without any factual foundation. -Is an almost perfect representation of reality.
Is generally constructed for an object or process when it is at least partially understood, but difficult to observe directly.
What does it mean that some systems use criminal law as the "ultima ratio"?
It means that such a system is convinced that criminal law should be last possible resort of social control when nothing else helps.
What is specificity?
No crime, no punishment without a specific law. A penal statute must define the punishable conduct and the penalty with sufficient definiteness to allow citizens to foresee when a specific action would be punishable
Peter has an unforeseeable seizure while driving his car. He hits a young man who later dies because of the accident. A prosecutor wants to charge Peter with a homicide. What do you suggest to the prosecutor? -Good idea, Peter acted negligently. -Good idea, Peter acted recklessly. -You make all of these suggestions. -Not a good idea, because there is no actus reus. Peter's conduct was not voluntary. -Not a good idea. Peter's fulfills the element of actus reus but he had no intent.
Not a good idea, because there is no actus reus. Peter's conduct was not voluntary.
Which type of crime is committed in the context of a legal business or profession?
Occupational
Your Text discusses various "Types of Crime". According to the textbook, "crimes without victims" are: -Criminal acts involving the use of computers and the Internet, including the creation of computer viruses, the distribution of pornography, and the theft of financial data. -Offenses against persons and property committed primarily by young, low-income males. Often referred to as "street crimes" or "ordinary crimes," these are the offenses most upsetting to the public. -All of these are crimes without victims -Offenses involving a willing and private exchange of illegal goods or services that are in demand. Participants do not feel they are being harmed, but these crimes are prosecuted on the ground that society as a whole is being injured. -Criminal offenses committed through opportunities created in a legal business or occupation.
Offenses involving a willing and private exchange of illegal goods or services that are in demand. Participants do not feel they are being harmed, but these crimes are prosecuted on the ground that society as a whole is being injured.
In his article about the crime control and the due process model, Herbert Packer uses the term "presumption of guilt." "Presumption of guilt" is an assessment that a guilty conviction in a criminal trial is likely based on the available facts at the time of the investigation.
True
The question of law at the center of the Michelle Carter verdict is that
Typical definitions of manslaughter do not cover words, only actions.
In class, we discussed the wording of various street signs. One example we addressed was the sign that mandates that the speed limit for cars in a school zone is "20 mph when children are present". Which of the following statements about our discussion is NOT true? -We used the wording of the sign as an example for the need to decriminalize speed limits. -All of the above statements are true -We used the wording of the sign to discuss the fine line between interpretation of legal texts and a law being too vague. -We used the wording of the sign to show that different courts can come to different conclusions as to the meaning of the word "present". -We used the wording of the sign when we discussed "specificity" as a necessary requirement for a valid criminal law.
We used the wording of the sign as an example for the need to decriminalize speed limits.
Hans takes Gretel out for drinks. Gretel says she does not consume alcohol and gets intoxicated quickly. She orders a craft soda she hadn't had before and then leaves for the restroom. Hans brought a few miniature bottles of vodka and empties one into Gretel's soda. When back, she thinks this is how it is supposed to taste, and quickly orders another one. Hans spikes the soda again. Gretel got very drunk quickly without realizing it. Both leave quickly because Gretel does not feel well. She does not pay. Outside, a security guard approaches her and says she committed fraud. The police are called, and Gretel has to go to court. As her defense attorney, you will explain to her: -There is little we can do, because you drank voluntarily. Otherwise, people could get drunk, leave without paying and always argue intoxication. -You were coerced into drinking alcohol. We can use the necessity/coercion defense in court. -This is a typical case of entrapment since you had no predisposition to drink. -The prosecutor will not be able to prove actus reus because you did not drink voluntarily. -We will argue intoxication because you have been tricked into drinking alcohol.
We will argue intoxication because you have been tricked into drinking alcohol.
The element of actus reus requires that a criminal act must include conduct that is in violation of the law. Which of the following is NOT an example of actus reus? Check all that apply. -A social worker does not report an incident of suspected child abuse -A person hires another person to commit a homicide -A parent fails to obtain medical care for a child whose untreated illness results in the child's death -A company owner fails to pay federal taxes -A person is addicted to drugs
a person is addicted to drugs
In lecture, we addressed the case in which Taylor Swift was seeking $1 in nominal damages. Nominal damages are ...
a trivial sum of money awarded to a plaintiff whose legal right has been technically violated.
What does the fourth amendment require detectives to have what?
a warrant to search for backpacks or anything else. A warrantless search is unreasonable by default. Only a number of clearly defined cases can the fourth amendment be waived. For public safety, fourth amendment can be waived
What group of people has the highest risk of becoming a victim of a violent crime? -Whites, ages 35-39 -African-Americans, 18-20 years -Whites, 65 and older -Female whites, 65 and older -African-Americans, 10 or younger
african-americans, 18-20 years
Which of the following offenses fall into the category of "cyber crime"? -sending spam in order to obtain bank account and credit card numbers -Hacking into a bank account to steal money -distributing illegal pornography via the internet -all of these can be classified as cyber crime -emailing viruses meant to corrupt computer systems
all of these can be classified as cyber crime
Why does the bill of rights have the nickname "the mini-code of criminal procedure?
because it is the condensed code of the first ten amendments.. the code is the blueprint for the whole country
In a criminal case, the standard of proof for a guilty verdict is: -None of the above -Reasonable suspicion -Preponderance of the evidence -No doubt -Beyond a reasonable doubt
beyond a reasonable doubt
Peter thinks his roommate (Hans) is stealing. He marks a twenty-dollar bill with an invisible ink that can only be seen under black light. The next day, the twenty dollars are gone and Peter sees the ink on his Hans's hands. Hans can argue entrapment. true or false
false
true or false: Self-defense and necessity differ in that self-defense is a justification and necessity is an excuse.
false
true or false: According to lecture, Immanuel Kant's idea of justice allows for the killing of one person in order to save two or more.
false
true or false: By the end of the Warren Court Era, the Bill of Rights had been fully incorporated into the Due Process Clause of the 14th Amendment.
false
true or false: It is more likely that a young woman is sexually assaulted by a stranger than by an acquaintance.
false
true or false: Mens rea is one of the elements of crime. Its absence always guarantees a verdict of not guilty.
false
true or false: The state has charged "Cole Flesh" with first-degree, intentional homicide. When Cole and his friends flew home on a private jet from a ski trip, the plane crashed into a mountainside. Cole and a second passenger survived, but a third passenger was in bad shape. After waiting for many days for help in the cold, Cole suffocated the third passenger and then cannibalized her. According to lecture, Cole will most likely be able to argue successfully that he prevented some greater harm by sacrificing the third passenger.
false
true or false: excuse defenses focus on whether the individual's action was socially acceptable under the circumstances despite causing harm that the criminal law would otherwise prohibit
false
Crimes that usually carry a penalty of death or of incarceration for more than one year are called: -Strict Liability Crimes -Status Offenses -Felonies -Misdemeanors -Capital Offense
felonies
Before the Incorporation, the Supreme Court mandated that state's proceedings in criminal cases must be: -fundamentally fair -fair and sound -without discretion for prosecutors -reasonable -in line with due process
fundamentally fair
According to the textbook, since the 1980s the crime rate in the United States -has gone up -is a reflection of the average household income -has declined -has not been measured -has been stable
has declined
sixth amendment definition
in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
The document returned by a grand jury that charges an individual with a specific crime based on the determination of probable cause is called: -Affadavit -Information -Warrant -Writ of Certiorari -Indictment
indictment
The violation of a rule or local ordinance that only has a quasi-criminal character and usually does not result in jail time is called: -Truancy -Infraction/citation -Misdemeanor -Strict liability crime -Status offense
infraction/citation
Herbert Packer contrasts two paradigmatic models that explain tensions in the criminal justice system. In lecture, we talked about the purpose of scientific models in general. Any scientific model (not only Packer's):
is generally constructed for an object or process when it is at least partially understood, but difficult to observe directly
Entrapment is a defense that can be used to show: -Lack of concurrence -Lack of actus reus -Lack of sanity -Lack of harm -Lack of mens rea
lack of mens rea
We discussed the Michelle Carter case. According to our discussion, which of the following elements of the crime was the most difficult to establish? the but-for requirement of causation, concurrence, legal causation, actus reus, or mens rea
legal causation
A person is charged with illegally carrying a concealed weapon that he borrowed in order to retrieve his son's baby food from a car while visiting a housing project in a high-crime neighborhood where he had been robbed in the past. The person is only caught because the city assigned a high number of officers to look for illegal guns. Which of the following defenses is most likely to be successful? insanity, mistake of fact, necessity, self defense, or entrapment
necessity
Peter is charged with illegally carrying a concealed weapon that he borrowed in order to retrieve his son's baby food from a car while visiting a housing project in a high-crime neighborhood where he had been robbed in the past. There was no imminent threat from another person at that time. Peter is only caught because the city assigned a high number of officers to look for illegal guns. Which of the following defenses is most likely to be successful? -Entrapment -Mistake of fact -Necessity -Coercion/Duress -Self-defense
necessity
fifth amendment definition
no person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in militia, when in actual service in time of war or public danger. Nor shall ant person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without compensation
Criminal offenses committed through opportunities created in a legal business are defined as: Corporate crimes Business crimes Occupational crimes Organized crimes None of these
occupational
Criminal offenses committed through opportunities created in a legal business are defined as: -Corporate crimes -Occupational crimes -Organized crimes -None of these -Business crimes
occupational crimes
What is the name of the concept we use to express the overuse and abuse of criminal law to address every societal problem and punish every mistake and not just conduct that requires punishment as a moral sanction? -The need for decriminalization. -Tough on Crime -Overcriminalization -Victimless crimes -Need for criminalization
overcriminalization
Which of the following is NOT an example of a status offense? -Public drunkenness -Curfew violation -All of the above are status offenses -Underage consumption of alcohol -Chronic truancy/absence from school
public drunkenness
What do we call the doctrine that protects government agents from civil lawsuits if the alleged misconduct of the agent has not been clearly established as being unconstitutional? -civil immunity -criminal immunity -qualified immunity -hold-harmless doctrine -qualitied indemnity
qualified immunity
Which of the following is the truest statement about misdemeanors, felonies, and civil infractions? -Misdemeanors and civil infractions are typically punished with a fine and do not result in a criminal record, whereas a conviction of a felony can come with significant jail time and a criminal record. -A felony or a misdemeanor is punishable with incarceration, whereas a civil infraction typically requires no jail time but leaves the defendant with a criminal record. -A felony is punishable by incarceration longer than a year, a misdemeanor is punishable with jail time up to one year, and a civil infraction is typically punished with only a fine. -The distinction between felonies, misdemeanors, and infractions is the result of the tough-on-crime movement. -The order from most serious to least serious is misdemeanor, felony, civil infraction.
-A felony is punishable by incarceration longer than a year, a misdemeanor is punishable with jail time up to one year, and a civil infraction is typically punished with only a fine.
In lecture we discussed the following image. What conclusions did we draw from it? Note: This is a multiple answer question. More than one answer can be true.
-Disregarding the sign might lead to civil consequences, for instance, the owner of the lot could bar the violator from entering again. -We discussed the legal meaning of the stop sign and considered it as non-binding (in relation to criminal law) because it stands on a privately owned parking lot.
Rudi Rifle faced two trials after the murder of his wife, Petra Peace. In the first trial, the state prosecuted him for murder, and the jury found Rudi not guilty. In the second trial, the Peace family sued Rudi for wrongful death, and the jury found Rudi liable. Why did these two trials not violate the prohibition against "double jeopardy"? -A crime is considered an act against the government, and the government is a party to every criminal proceeding. -The criminal and civil court systems have different jurisdictions. Undergoing trials in each type of court therefore does not constitute double jeopardy. -None of these -The Double Jeopardy clause has not been incorporated yet. -In the United States, we operate with a dual court system consisting of state and federal courts. Most criminal trials like Rudi's trial for murder occur in federal court.
-The criminal and civil court systems have different jurisdictions. Undergoing trials in each type of court therefore does not constitute double jeopardy.
Which of the following are aspects/values/principles that the Crime Control Model and due process model share/have in common/agree on?
-both agree a person can only be a criminal if the act committed was defined as criminal prior to the act -both models share the idea that the alleged criminal is not merely an object to be acted upon but an independent entity in the process who can force the operators of the process to demonstrate to an independent authority (judge and jury) that he or she is guilty of the charges against him. -Conduct that has been denominated as criminal must be treated as such by the participants in the criminal process acting within their respective competences. That means that police or prosecutors have no general dispensing power. -Both models agree that there are ultimate limits to the powers of government to investigate and apprehend persons suspected of committing crimes. -All of these are values both models share.
In class, we discussed the insanity defense as it relates to Wisconsin Law/The Model Penal Code. Which if the following statement(s) about the insanity defense is/are true? -A person is considered sane as soon as they are able to appreciate the wrongfulness of their conduct. -The insanity defense cannot be raised if the mental defect is the result of an accident (as apposed to being hereditary or genetic). -The insanity defense cannot be raised if an offender becomes sane after the act, meaning, they were insane at the time of the crime but recovered and are now sane enough to stand trial. -A person is not responsible for a criminal act if their are EITHER unable to understand the wrongfulness of their act OR are unable to follow their understanding/the law. -If a person has the "irresistible impulse" to commit illegal conduct, they will always be considered insane.
A person is not responsible for a criminal act if their are EITHER unable to understand the wrongfulness of their act OR are unable to follow their understanding/the law. & If a person has the "irresistible impulse" to commit illegal conduct, they will always be considered insane.
According to lecture, a private/civil law conflict (for example, a dispute over a contract) is resolved through
A trial or settlement
Mary wants to kill Tom. She puts three drops of a clear liquid into Tom's tea. Tom drinks his tea, feels queasy, drops to the floor, and dies. Which of the following statements about this case is/are correct? A.If it turns out that the liquid was poison but Tom died of an unrelated heart attack, Mary could be charged with attempted murder. B. For a murder charge it will be sufficient if the prosecutor can prove that the liquid was poison. C. Under no circumstances could Mary be charged with murder because Tom might have died of natural causes. D. Mary can be charged with murder if the clear liquid is poison and if that poison led to Tom's death. E. If Tom died of natural causes Mary could be charged with manslaughter/negligent homicide.
A. If it turns out that the liquid was poison but Tom died of an unrelated heart attack, Mary could be charged with attempted murder. & D. Mary can be charged with murder if the clear liquid is poison and if that poison led to Tom's death.
what is the one time when you do not need a search warrant and it does not go against the fourth amendment
Any search without the fourth amendment must be based on probable cause based on a public safety issue. Must be there at the time of the search, the public safety issue cannot be found after they have seen what is in the bag
Eighth amendment definition
Eighth amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
If a guardian gives someone the wrong medication what can they be charged with?
Either recklessness or knowing
Which of the following are examples of the excuse defense? click all the apply necessity, self defense, alibi, entrapment, or insanity
Entrapment and insanity
Mary is married to Tom, who has been violent toward Mary for some time. Mary sees no other solution than to kill Tom. One morning, she puts a lethal dose of poison into his tea. Mary then leaves the house. Cathy, Mary's sister, who has a key to Mary's house and has been having an affair with Tom, comes in and sees Tom lying helplessly on the floor. He is still alive. She knows about Tom's abuse and sees a chance to get rid of Tom and her guilt at the same time. She takes a frying pan and hits it over his head, which immediately causes Tom's death. Which of the following statement about this case is correct? -Mary could not be charged with attempted murder because the poison was not effective immediately. -For Mary, Tom's death was legally foreseeable because ultimately it was the poison that led to Tom's death. -Mary caused Tom's death factually but not legally. -Cathy caused Tom's death factually but not legally. -Cathy could only be charged with attempted murder because she entered the chain of causation at a time when Tom was already helpless.
Mary caused Tom's death factually but not legally
Officers who aggressively misuse their power for personal gain are called: meat eaters, man eaters, tofu eaters, grass eaters, or cake eaters
Meat eaters
After their criminal justice final, Kim and Jimmy get dinner at a nice restaurant. They hang their coats on a rack and enjoy their meals. When they are finished, they pay and leave. On their way out, Jimmy helps Kim into what he believes is her coat and then puts on his own. Outside of the restaurant they are approached by two officers who accuse them of stealing an expensive coat. Multiple luxury-brand jackets and coats have been stolen recently from this restaurant, and this one was tagged with a sensor. Jimmy and Kim claim that Kim's coat (a knockoff) looks just like that one, however, the officers do not believe and Kim and Jimmy are charged with theft. Their attorney, Howard H., will raise which defense? click all that apply -Mistake of fact because Kim and Jimmy were mistaken about the fact "another person's property" as part of the law that defines theft. -Entrapment because the police put the coat there as bait. -Alibi because their own coats hang on a different hook on the coat rack. -Mistake of law because it is not against the law to grab the wrong coat. -Duress because they exams exhausted them, and they were so tired that they had leave quickly to not fall asleep.
Mistake of fact because Kim and Jimmy were mistaken about the fact "another person's property" as part of the law that defines theft.
In the past few months, a pharmacy has been suffering great financial loss because of organized retail theft. In an effort to trace the illegal organizations, many items have been tagged so police are able to find these items (and the organizations who are behind the thefts). Peter goes shopping in that pharmacy. He puts all of the items from his shopping cart onto the check-out belt. Among them two bottles of laundry detergent. He pays the amount on the display of the register and then leaves the store. He is on the parking lot when two officers approach him and ask for his receipt. He shows it to them, and to his surprise, only one bottle of detergent was scanned. Peter is arrested and accused of theft. What defense can he raise? -Alibi because it was the clerk and not Peter who controlled the belt. -Entrapment because police used the detergent as bait. -Mistake of law because he did not know that it was a crime to take an item even if you think you have paid for it. -Entrapment, because police tagged the items and he had no disposition to steal them. -Mistake of fact because he thought he had purchased (and acquired ownership) both bottles.
Mistake of fact because he thought he had purchased (and acquired ownership) both bottles.
In which of the following scenarios does Sally fulfill both criteria for actus reus, as discussed in lecture?
Sally was forced at gunpoint to steal an automobile.
In which of the following scenarios does Sarah fulfill both criteria for actus reus, as discussed in lecture? [Note: This is a multiple answer question, meaning that more than one answer can be correct. The purpose of this question is to see if you learned from a previous quiz.] -Sarah waits outside a bank for a friend. A masked man runs towards her, then holding a gun to her head. The man forces her under the threat of death get into a nearby idling car (that is neither the man's nor Sarah's) and drive off to help him escape. -Sarah had a seizure and crashed a car into a pedestrian. -Sarah thought about murdering a roommate. -Sarah walks down a street when Peter, who is riding his bike on the sidewalk, crashes into her. Sally loses balance and is pushed into a store window, which shatters. -Sarah is cornered by two young men who hold knives to her neck. They ask her for money, and if she didn't give them any, she would die. Sarah does not carry any cash but as a trained Marine reaches to her gun instinctively and shoots the two men.
Sarah waits outside a bank for a friend. A masked man runs towards her, then holding a gun to her head. The man forces her under the threat of death get into a nearby idling car (that is neither the man's nor Sarah's) and drive off to help him escape. & Sarah is cornered by two young men who hold knives to her neck. They ask her for money, and if she didn't give them any, she would die. Sarah does not carry any cash but as a trained Marine reaches to her gun instinctively and shoots the two men.
According to the text and lecture, the two main justice systems in the United States are:
State and federal
Clarify the difference between the role of legislatures and the U.S. Supreme and state supreme courts in the criminal justice system.
State and federal legislatures and elected officials define illegal acts and their punishments, and judges in the court system interpret how the laws should be applied.
This is modeled after a real-life scenario. During an orientation for instructors of First Year Interest Groups, Prof. G. meets a professor from the School of Art (Prof. M.) who shares that she'll soon have an exhibition in New York City. Prof. G. notices the substantial ring Prof. M. is wearing: It consists of a metal triangle, with a base length of roughly 1 inch (2.5cm) and a height of 1.5 inches (almost 4cm). The metal is 1/8 inch (a bit more than 3mm) thick. Always willing to help, Prof. G. offers: "Are you sure you want to bring that with you?" He explains that there is a law in New York that reads: A person is guilty of criminal possession of a weapon in the fourth degree when [edited for shortness, emphasis added]:(1) He or she possesses any firearm, switchblade knife, metal knuckle knife, metal knuckles, chuka stick, slingshot, or "Kung Fu star". "Your ring might be considered a "metal knuckle," and you might face up to one year in jail." Prof. M. finds that ridiculous. It's jewelry and not a weapon, and "metal knuckle" could mean anything. She is asking Prof. G.'s professional (and now serious) opinion. He answers: -Since you live in Wisconsin and cannot be expected to be fami
The law is specific (and not vague). Just because a law needs interpretation when applied to the individual case does not make it vague. A judge might look at how a thing (like your ring) could potentially be used (your ring is jewelry by purpose but can be used as a weapon).
The word "deviance" best describes: [b] behavior that a group finds so dangerous, embarrassing, or irritating that the behavior must be classified a crime because it contradicts the group's values and beliefs. [c] a specific act of commission or omission in violation of the law for which a punishment is prescribed. [e] both A and B [d] behavior that contradicts the norms of conduct or social expectations of a group because the group finds the behavior dangerous, embarrassing, or irritating. [a] the notion that a group's values and beliefs change over time, and therefore definitions of "crime" also change at different times in different places.
[d] behavior that contradicts the norms of conduct or social expectations of a group because the group finds the behavior dangerous, embarrassing, or irritating.
The following is from an actual case: Jimmy is tried for creating the massive flood of the Mississippi River at West Quincy, Missouri as part of the Great Flood of 1993. Jimmy and several other residents helped reinforce the West Quincy levee (an embankment that stops the flow of water). Despite these efforts the levee failed. Jimmy was an eye witness that night and said in a TV interview he'd seen a weak spot on the levee and moved a few sandbags to strengthen it. Police found that suspicious because the levee broke exactly where Jimmy said he had worked. During the trial, a soil scientist testified that "a last-minute decision by the city to bring in bulldozers to shore up the levee actually weakened its overall structural integrity. The levee failed because of that and not because of a few sandbags that were moved." The expert is addressing which element of the crime? -Actus Reus -Harm -Causation -Concurrence -Mens Rea
causation
The law regulating relationships between or among individuals, usually involving property, contracts, or business disputes is called: -Administrative Law -Civil/ Private Law -Natural Law -Criminal Law -Constitutional Law
civil/ private law
Strict liability offenses are types of offenses that...
do not require proof of a certain mental state (guilty mind, intent, knowing, etc.)
In a strict liability crime, the prosecutor... must show that the suspect subconsciously knew the age of the victim. does not need to prove the age of the victim does not need to prove the mental state of the victim does not need to prove the mental state of the offender
does not need to prove the mental state of the offender
Karl Kick (aka "Mr. Thigh"), an NFL football player, has his annual physical exam. Karl doesn't like his golf-playing doctor, who makes jokes about football. Karl thinks he would love to hurt the doctor if given the opportunity. First, the doctor checks Karl's patellar reflex by hitting the patellar tendon below the knee with a little hammer. The doctor did not choose his position carefully, and when Karl's muscles contract and his leg kicks, he breaks the doctor's shin (Karl wears steel cap shoes). Which of the following statements is true? -Regardless of Karl's state of mind, there is no actus reus because Karl's kick is not considered human conduct -Karl cannot be charged because state and federal prosecutors do not have jurisdiction -Karl can be charged with assault because he intended to hurt the doctor and then did so. in hospitals. -Regardless of Karl's state of mind, there is no actus reus because Karl's kick wasn't voluntary. -Karl cannot be charged because actus reus did not concur with mens rea.
regardless of Karl's state of mind, there is no actus reus because Karl's kick did not come voluntaire
Most police work is reactive, which means the police primarily: -Focus on administrative tasks -stop crime before it happens -respond to citizens calls for service -initiate actions in the absence of citizen requests -operate according to hunches
respond to citizens calls for service
You read McBoyle v. United States. The case was used as an example for what characteristic of criminal law? uniformity, specificity, actus reus, legal sanction, politicality
specificity
According to the textbook and lecture, the two main justice systems in the United States are: -Federal and international -Local and county -Local and federal -County and state -State and federal
state and federal
The definitions of crimes (the acts that are considered punishable) are part of what is called: -administrative law -constitutional criminal law -procedural criminal law -substantive criminal law -case law
substantive criminal law
Police employees who have taken an oath and been given powers by the state to make arrests and to use necessary force in accordance with their duties are called: agents, detectives, aggressive patrol officers, sworn officers, or staff officers
sworn officers
A proponent of the Crime Control Model of criminal justice is most likely to argue -None of the above -that the violation by government officials of an accused's due process rights should result in the dismissal of evidence or criminal charges -that the system should present few occasions for a defendant to challenge the process because police and prosecutors screen out the innocent during the investigative stages. Therefore, only those who are probably guilty are processed and convicted. -that the criminal justice system should focus on "reliability" to ensure the primacy of "legal guilt," not "factual guilt." -that the most important aspect of the criminal justice system is the application of procedural criminal law because procedural law ensures that government officials follow every step that ensures the protection of the accused's rights.
that the system should present few occasions for a defendant to challenge the process because police and prosecutors screen out the innocent during the investigative stages. Therefore, only those who are probably guilty are processed and convicted.
In lecture, Prof. Grunewald discussed the Wisconsin law that restricts the sale and distribution of margarine in stores, restaurants, and other institutions. This example was used to demonstrate: -A law that lacks uniformity -A crime without victim -None of the above -The current need for criminalization -The current need for decriminalization
the current need for decriminalization
According to the textbook, the amount of crime that occurs but is never reported to authorities is called: -The victimization rate -The silent majority -The invisible crime -Uniform Crime Report -The dark figure (of crime)
the dark figure (of crime)
In his high-school debate club, Peter argues, "Constitutional rights are not mere technicalities; criminal justice authorities should be held accountable to rules, procedures, and guidelines to ensure fairness and consistency in the justice process." Peter is a proponent of: -crime control model -utilitarianism -due process model -all of the above the school of thought introduces by Kant
the due process model
Fourth amendment definition:
the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
