MCJA PHASE 1 COMPREHENSIVE ANSWERS AND
QUESTIONS SET A+
✔✔Protection of the right to counsel is found in the ______ Amendment to the U.S.
Constitution.
A. First
B. Fourth
C. Fifth
D. Sixth
E. Eighth - ✔✔D. Sixth
✔✔An ____________ is a statement or acknowledgement of facts by a person tending
to incriminate, but not enough in itself to establish guilt for a crime.
A. Answer
B. Admission
C. Argument
D. Assertion
E. None of the above - ✔✔B. Admission
✔✔A statement or acknowledgement of facts by a person establishing that person's
guilt of all elements of a crime is referred to as a ____________.
A. Confession
B. Affidavit
C. Standard of proof
D. Hearsay exception
E. None of the above - ✔✔A. Confession
✔✔In __________________, the United States Supreme Court established that
subjects of custodial interrogation must be explained their Constitutional rights under
the 5th and 6th Amendments of the U.S. Constitution.
,A. Terry v. Ohio
B. Miranda v. Arizona
C. Escobedo v. Illinois
D. Brown v. Board of Education
E. None of the above - ✔✔B. Miranda v. Arizona
✔✔When must a law enforcement officer state the Miranda warnings to an individual?
A. At a traffic stop
B. During a Terry stop and frisk
C. When interviewing
D. During a custodial interrogation
E. All the above - ✔✔D. During a custodial interrogation
✔✔If an individual request an attorney during questioning, it is the law enforcement
officer's duty to cease asking questions and make the call.
A. True
B. False - ✔✔B. False
✔✔A law enforcement officer who conducts a search and/or seizure in violation of a
person's Constitutional rights may face:
A. Criminal prosecution
B. Consequences under agency policy
C. Civil liability
D. All of the above
E. B and C only - ✔✔D. All of the above
✔✔According to Maine law, law enforcement officers are required to electronically
record interrogations in all serious crimes.
A. True
B. False - ✔✔A. True
✔✔Law enforcement officers may not arrest for a civil violation.
A. True
B. False - ✔✔A. True
✔✔Under the Maine Criminal Code, which of the following is true regarding the
classification of crimes?
A. Crimes are classified as Class A, B, C, D, or E
B. Murder is in a separate category or classification
,C. The terms felony and misdemeanor are defined in the statute
D. A and B only - ✔✔D. A and B only
✔✔Generally, for a person to be convicted under Maine law, the criminal conduct must
occur in Maine or have a geographic relationship to Maine. This is referred to as:
A. Territorial jurisdiction
B. General jurisdiction
C. Specific jurisdiction
D. Constitutional jurisdiction - ✔✔A. Territorial jurisdiction
✔✔In the Maine Criminal Code, the statute of limitations defines the periods of time in
which a prosecution must commence after the commission of a crime. The crime of
______ has no statute of limitations.
A. Assault
B. Murder
C. Gross sexual assault
D. All the above - ✔✔B. Murder
✔✔Each element of a crime must be proved by a preponderance of the evidence.
A. The forbidden conduct
B. Attendant circumstances
C. Culpable state of mind
D. Any required result
E. All the above - ✔✔E. All the above
✔✔Under 17-A M.R.S. §35, culpable state of mind may include any of the following,
except:
A. Criminal negligence
B. Knowingly
C. Without due care
D. Intentionally - ✔✔C. Without due care
✔✔According to 17-A M.R.S. §35, a person may be said to act intentionally with respect
to a result of the person's conduct when it is the person's ____________ to cause such
a result.
A. Desire
B. Conscious object
C. Active plan
D. Culminating behavior - ✔✔B. Conscious object
, ✔✔According to 17-A M.R.S. §35, a person may be said to act knowingly with respect
to a result of the person's conduct when the person is _______________________ that
the person's conduct will cause such a result.
A. Unaware
B. Hopeful
C. Intentional
D. Aware that it is practically certain - ✔✔D. Aware that it is practically certain
✔✔According to the Maine Criminal Code regarding culpable state of mind, reckless
conduct is ____________ of the risk and criminal negligence is ___________ of the
risk.
A. Conscious disregard; failing to be aware
B. Exploitation; minimization
C. Denial; acceptance
D. Being fearful; appreciation - ✔✔A. Conscious disregard; failing to be aware
✔✔The standard of proof beyond a reasonable doubt means:
A. Probable cause
B. Near certainty
C. Reasonable articulable suspicion
D. More likely than not - ✔✔B. Near certainty
✔✔A general defense involves the defendant challenging facts or exposing weaknesses
in the prosecution's case while an _________ such as ________ involves the defendant
raising a substantive justification or reasonable doubt.
A. Abnormal defense; insanity
B. Active defense; duress
C. Arbitrary defense; competing harms
D. Affirmative defense; intoxication - ✔✔D. Affirmative defense; intoxication
✔✔Under Title 17-A, inchoate crimes, or Crimes of General Applicability, include the
offenses of conspiracy and attempt, which cannot stand alone and must be connected
to a substantive crime.
A. True
B. False - ✔✔A. True
✔✔Which chapter in Title 17-A addresses Crimes against the Person?
A. Chapter 7
B. Chapter 9
QUESTIONS SET A+
✔✔Protection of the right to counsel is found in the ______ Amendment to the U.S.
Constitution.
A. First
B. Fourth
C. Fifth
D. Sixth
E. Eighth - ✔✔D. Sixth
✔✔An ____________ is a statement or acknowledgement of facts by a person tending
to incriminate, but not enough in itself to establish guilt for a crime.
A. Answer
B. Admission
C. Argument
D. Assertion
E. None of the above - ✔✔B. Admission
✔✔A statement or acknowledgement of facts by a person establishing that person's
guilt of all elements of a crime is referred to as a ____________.
A. Confession
B. Affidavit
C. Standard of proof
D. Hearsay exception
E. None of the above - ✔✔A. Confession
✔✔In __________________, the United States Supreme Court established that
subjects of custodial interrogation must be explained their Constitutional rights under
the 5th and 6th Amendments of the U.S. Constitution.
,A. Terry v. Ohio
B. Miranda v. Arizona
C. Escobedo v. Illinois
D. Brown v. Board of Education
E. None of the above - ✔✔B. Miranda v. Arizona
✔✔When must a law enforcement officer state the Miranda warnings to an individual?
A. At a traffic stop
B. During a Terry stop and frisk
C. When interviewing
D. During a custodial interrogation
E. All the above - ✔✔D. During a custodial interrogation
✔✔If an individual request an attorney during questioning, it is the law enforcement
officer's duty to cease asking questions and make the call.
A. True
B. False - ✔✔B. False
✔✔A law enforcement officer who conducts a search and/or seizure in violation of a
person's Constitutional rights may face:
A. Criminal prosecution
B. Consequences under agency policy
C. Civil liability
D. All of the above
E. B and C only - ✔✔D. All of the above
✔✔According to Maine law, law enforcement officers are required to electronically
record interrogations in all serious crimes.
A. True
B. False - ✔✔A. True
✔✔Law enforcement officers may not arrest for a civil violation.
A. True
B. False - ✔✔A. True
✔✔Under the Maine Criminal Code, which of the following is true regarding the
classification of crimes?
A. Crimes are classified as Class A, B, C, D, or E
B. Murder is in a separate category or classification
,C. The terms felony and misdemeanor are defined in the statute
D. A and B only - ✔✔D. A and B only
✔✔Generally, for a person to be convicted under Maine law, the criminal conduct must
occur in Maine or have a geographic relationship to Maine. This is referred to as:
A. Territorial jurisdiction
B. General jurisdiction
C. Specific jurisdiction
D. Constitutional jurisdiction - ✔✔A. Territorial jurisdiction
✔✔In the Maine Criminal Code, the statute of limitations defines the periods of time in
which a prosecution must commence after the commission of a crime. The crime of
______ has no statute of limitations.
A. Assault
B. Murder
C. Gross sexual assault
D. All the above - ✔✔B. Murder
✔✔Each element of a crime must be proved by a preponderance of the evidence.
A. The forbidden conduct
B. Attendant circumstances
C. Culpable state of mind
D. Any required result
E. All the above - ✔✔E. All the above
✔✔Under 17-A M.R.S. §35, culpable state of mind may include any of the following,
except:
A. Criminal negligence
B. Knowingly
C. Without due care
D. Intentionally - ✔✔C. Without due care
✔✔According to 17-A M.R.S. §35, a person may be said to act intentionally with respect
to a result of the person's conduct when it is the person's ____________ to cause such
a result.
A. Desire
B. Conscious object
C. Active plan
D. Culminating behavior - ✔✔B. Conscious object
, ✔✔According to 17-A M.R.S. §35, a person may be said to act knowingly with respect
to a result of the person's conduct when the person is _______________________ that
the person's conduct will cause such a result.
A. Unaware
B. Hopeful
C. Intentional
D. Aware that it is practically certain - ✔✔D. Aware that it is practically certain
✔✔According to the Maine Criminal Code regarding culpable state of mind, reckless
conduct is ____________ of the risk and criminal negligence is ___________ of the
risk.
A. Conscious disregard; failing to be aware
B. Exploitation; minimization
C. Denial; acceptance
D. Being fearful; appreciation - ✔✔A. Conscious disregard; failing to be aware
✔✔The standard of proof beyond a reasonable doubt means:
A. Probable cause
B. Near certainty
C. Reasonable articulable suspicion
D. More likely than not - ✔✔B. Near certainty
✔✔A general defense involves the defendant challenging facts or exposing weaknesses
in the prosecution's case while an _________ such as ________ involves the defendant
raising a substantive justification or reasonable doubt.
A. Abnormal defense; insanity
B. Active defense; duress
C. Arbitrary defense; competing harms
D. Affirmative defense; intoxication - ✔✔D. Affirmative defense; intoxication
✔✔Under Title 17-A, inchoate crimes, or Crimes of General Applicability, include the
offenses of conspiracy and attempt, which cannot stand alone and must be connected
to a substantive crime.
A. True
B. False - ✔✔A. True
✔✔Which chapter in Title 17-A addresses Crimes against the Person?
A. Chapter 7
B. Chapter 9
