Test Bank For Criminal Justice in Action The Core 6th Edition by Larry K. Gaines

Chapter 3—Inside Criminal Law MULTIPLE CHOICE 1. The ____________________ is the supreme law of the land, and as such is the basis of all law in the United States. a. Declaration of Independence b. U.S. Penal Code c. U.S. Constitution d. Case law of the United States Supreme Court ANS: C REF: p. 63 OBJ: LO 1 2. Statutes enacted by legislative bodies at any level of government make up a source of law, which is generally referred to as: a. Administrative law b. Case law c. Constitutional law d. Statutory law ANS: D REF: p. 63-64 OBJ: LO 1 3. On a state and local level, ______________ can write criminal statutes through a form of direct democracy known as the ballot initiative. a. Law enforcement b. Legislators c. Judges d. V oters ANS: D REF: p. 64-64 OBJ: LO 1 4. a. Administrative law b. Case law c. Constitutional law d. Statutory law The term “judge-made” law is synonymous with: ANS: B REF: p. 65 OBJ: LO 1 5. a. Administrative law b. Case law c. Constitutional law d. Statutory law ANS: A REF: p. 65 The rules, orders, and decisions of regulatory agencies make up: OBJ: LO 1 70 6. Court decisions that provide guidance in interpreting the law are called: a. Procedural guidelines b. Benchmarks c. Precedents d. Baselines ANS: C REF: p. 66 OBJ: LO 1 7. a. Teach societal boundaries b. Reflect society’s changing morality c. Express public morality d. Maintain social order by protecting citizens from criminal harm ANS: D REF: p. 66 OBJ: LO 2 The primary legal function of the law is to: 8. a. Protecting individual rights and teaching societal boundaries b. Protecting individual rights and punishing offenders c. Expressing public morality and teaching societal boundaries d. Expressing public morality and punishing offenders ANS: C REF: p. 67 OBJ: LO 2 9. Law may be broken down according to various classifications. Which of the following is The social function of the law includes the concepts of: not one of these classifications? a. Civil law and criminal law b. Felonies and misdemeanors c. Mala in se and Mala prohibita d. Tort crimes and civil crimes ANS: D REF: p. 69 OBJ: LO 3 10. a. Monetary damages awarded to the plaintiff b. Probation up to five years c. A fine paid to the state or county d. Incarceration up to 1 year The remedy for a violation of civil law is: ANS: A REF: p. 69 OBJ: LO 3 11. a. Clear and convincing evidence b. Probable cause c. Preponderance of evidence d. Proof beyond a reasonable doubt ANS: C REF: p. 70 What is the burden of proof necessary to win a civil trial? OBJ: LO 3 71 12. In a criminal case, the burden of proof is: a. Beyond a reasonable doubt b. Preponderance of the evidence c. Beyond a shadow of doubt d. By clear and convincing evidence ANS: A REF: p. 70 OBJ: LO 3 13. a. Plaintiff b. Defendant c. Prosecutor d. State 14. Crimes punishable by death or imprisonment in a federal or state penitentiary for 1 year or longer In a civil case, the injured party is called the ____. ANS: A REF: p. 69 OBJ: LO 3 are called: a. Felonies b. Gross misdemeanors c. Misdemeanors d. Petty misdemeanors ANS: A REF: p. 70 OBJ: LO 3 15. a. Capital offense b. First degree felonies c. Second degree felonies d. Third degree felonies What degree of felony carries the maximum penalty of death? ANS: A REF: p. 70 OBJ: LO 3 16. a. Deliberation b. Malice aforethought c. Premeditation d. Spontaneity As a circumstance of murder, ____ means that the offender considered the crime beforehand. ANS: C REF: p. 71 OBJ: LO 3 17. a. First degree murder b. Second degree murder c. V oluntary manslaughter d. Involuntary manslaughter ANS: C REF: p. 71 Which category of murder occurs when the victim provoked the offender to act violently? OBJ: LO 3 72 18. A homicide that results from the offender's carelessness, but occurs when the offender lacks intent is classified as: a. First degree murder b. Second degree murder c. V oluntary manslaughter d. Involuntary manslaughter ANS: D REF: p. 71 OBJ: LO 3 19. a. 1 year b. 5 years c. 10 years d. Life imprisonment ANS: A REF: 72 OBJ: LO 3 Misdemeanors are punishable by a fine or by confinement up to: 20. a. Gross misdemeanors b. Third degree felonies c. Violations d. Petty misdemeanors ____ are offenses punishable by 30 days to a year in jail. ANS: A REF: p. 72 OBJ: LO 3 21. a. An act that would be wrong even if no law prohibited it b. A violation of natural law c. A “human-made” law d. An act that goes against the public morality The term mala prohibita refers to: ANS: C REF: p. 72 OBJ: LO 4 OBJ: LO 4 22. a. Mala in se b. Mala prohibita c. A tort d. A misdemeanor The offense of robbery is: ANS: B REF: p. 72 23. a. A felony b. Mala in se c. Mala prohibita d. A misdemeanor ANS: B A criminal act that is considered wrong even if there is no law prohibiting it is known as: REF: p. 72 OBJ: LO 4 73 24. Murder, rape, and theft are examples of ____ crimes. a. Mala in se b. Mala prohibita c. Premeditated d. Deliberate ANS: A REF: p. 72 OBJ: LO 4 25. a. Actus reus b. Mala in se c. Mens rea d. Concurrence, or coming together of the criminal act and guilty mind ANS: B REF: p. 74 OBJ: LO 5 29. A defendant is said to have ____ committed a criminal act when he or she desires to engage in Which of the following is NOT a basic element of corpus delicti? 26. a. Actus reus b. Mala in se c. Mens rea d. Concurrence A wrongful mental state, or intent, is known as: ANS: C REF: p. 75 OBJ: LO 5 27. a. Actus reus b. Mens rea c. Corpus delicti d. Habeus corpus The guilty act in a criminal offense is referred to as: ANS: A REF: p. 73 OBJ: LO 5 28. a. The dead body at the scene of a crime b. The element of criminal intent c. The basic elements of a crime d. The criminal act ANS: C REF: p. 74 OBJ: LO 5 As discussed in the textbook, Corpus delicti refers to: certain criminal conduct or to cause a certain criminal result. a. Purposely b. Knowingly c. Negligently d. Accidentally ANS: A REF: p. 75 OBJ: LO 5 74 30. Which category of mens rea involves the mental state in which the defendant grossly deviates from the standard of care that a reasonable person would use under the same circumstances? a. Purpose b. Knowledge c. Accidental d. Negligence ANS: D REF: p. 75-76 OBJ: LO 5 31. a. Mens rea b. Actus reus c. Causation d. Concurrence 35. What defense is used when the wrongdoing of the accused is excused because he or she is too Strict liability is inconsistent with the general principles of criminal law, because ____ is lacking. ANS: A REF: p. 76 OBJ: LO 5 32. A crime in which the defendant is guilty regardless of his or her state of mind at the time of the act is known as: a. Tort b. First degree homicide c. Strict liability d. Manslaughter ANS: C REF: p. 76 OBJ: LO 5 33. a. Causation b. Attendant circumstances c. Concurrence d. Harm ANS: C REF: p. 78 OBJ: LO 5 What is the term that means that the guilty act and the guilty intent occur together? 34. a. Causation b. Attendant circumstances c. Concurrence d. Harm The facts surrounding an underlying crime are referred to as: ANS: B REF: p. 78-79 OBJ: LO 5 young to fully understand the consequences of his or her actions? a. Infancy b. Insanity c. Intoxication d. Mistake ANS: A REF: p. 80 OBJ: LO 6 75 36. What is the defense for criminal ability that is used to assert a lack of criminal responsibility because according to law, a person cannot have the requisite state of mind to commit a crime? a. Duress b. Insanity c. Entrapment d. Mistake ANS: B REF: p. 81 OBJ: LO 6 37. A common law test of criminal responsibility that relies on the defendant's inability to distinguish right from wrong is the: a. Durham Rule b. Irresistible-Impulse Test c. M'Naughten Rule d. Substantial Capacity Test ANS: C REF: p. 81 OBJ: LO 6 38. A defense for criminal liability in which the defendant claims that the taking of intoxicants rendered him or her unable to form the requisite intent to commit a criminal act is: a. Never accepted in court b. A good defense if the intoxication was voluntary c. A good defense if the intoxication was involuntary d. Not allowed in felony court but is sometimes allowed in misdemeanor trials ANS: C REF: p. 82 OBJ: LO 6 39. When the wrongful threat of one person induces another person to perform an act that he or she would otherwise not perform, ____ exists. a. Duress b. Entrapment c. Necessity d. Self-defense ANS: A REF: p. 84 OBJ: LO 7 40. A person who used force in order to protect him or herself from harm would apply the criminal defense of: a. Necessity b. Justification c. Self-defense d. Duress ANS: C REF: p. 85 OBJ: LO 7 41. a. Mistake b. Infancy c. Insanity d. Necessity ANS: D Which of the following is NOT an excuse defense? REF: p. 87 OBJ: LO 7 76 42. Law that defines the manner in which the rights and duties of individuals may be enforced is known as __________________. a. Legislative criminal law b. Procedural criminal law c. Relative criminal law d. Substantive criminal law ANS: B REF: p. 86 OBJ: LO8 43. a. Excessive bail b. Excessive fines c. Cruel and unusual punishment d. Unreasonable searches ANS: D REF: p. 86 OBJ: LO8 1. The U.S. Constitution is the supreme law of the land and as such, it is the basis of all law in the United States. The Fourth Amendment protects against: 44. a. Legislative due process b. Procedural due process c. Relative due process d. Substantive due process This form of due process requires laws to be carried out in a fair and orderly manner. ANS: B REF: p. 87 OBJ: LO 8 45. This form of due process is defined as the constitutional requirement that laws used in accusing and convicting persons of crimes must be fair. a. Legislative due process b. Procedural due process c. Relative due process d. Substantive due process ANS: D REF: p. 89 TRUE/FALSE OBJ: LO 8 ANS: 2. ANS: T REF: p.63 OBJ: LO1 T REF: p.63 OBJ: LO1 A state statute applies only within that state’s borders. 3. ANS: F REF: p.66 OBJ: LO2 Criminal law has one primary function: to express public morality. 4. ANS: F REF: p.67 OBJ: LO2 Society’s views on morality, which are reflected as laws, are stable and unchanging over time. 77 5. Proceedings in civil court are normally initiated by the plaintiff. ANS: T REF: p.69 OBJ: LO3 6. Most criminal cases involve a request for monetary damages in recognition that a wrong has been committed. ANS: F REF: p.69 OBJ: LO3 7. Murder is a mala in se offense. ANS: T REF: p.72 OBJ: LO4 8. Actus reus refers to guilty intent as an element of a crime. ANS: F REF: p.73 OBJ: LO5 9. An inchoate offense is an attempted or incomplete offense. ANS: T REF: p.79 OBJ: LO5 10. Defendants who are found “guilty but mentally ill” do not serve criminal sentences. ANS: F REF: p.82 OBJ: LO6 11. Involuntary intoxication is a valid criminal defense. ANS: T REF: p. 82-83 OBJ: LO 6 12. Duress, self-defense, entrapment, and necessity are examples of excuse defenses. ANS: F REF: p. 85-86 OBJ: LO 7 13. Entrapment is a justification defense in which the offender claims that he or she was induced to commit the crime by a public official. ANS: T REF: p.86 OBJ: LO7 14. Procedural criminal law defines the acts that the government will punish. ANS: F REF: p.86 OBJ: LO8 15. Due process is addressed in the Fifth and Fourteenth Amendments to the Constitution. ANS: T REF: p.87 OBJ: LO8 78 COMPLETION 1. ANS: 2. ANS: 3. ANS: 4. ANS: 5. ANS: A statutory text created by the American Law Institute that sets forth general principles of criminal responsibility and defines specific offenses is the__________________________. Model Penal Code REF: p. 64 OBJ: LO 1 The burden of proof in the American criminal court system is ___________________. Beyond a reasonable doubt REF: p. 70 OBJ: LO 3 An offense motivated by bias is a ___________________. Hate Crime REF: p. 79 OBJ: LO 5 Ordinarily ignorance of the law, or _______________________, is not a valid criminal defense. Mistake of law REF: p. 83 OBJ: LO 6 The ____________ and __________ Amendments require that no one can be deprived of life, liberty, or property without due process of law. Fifth and Fourteenth REF: p. 87 OBJ: LO 8 ESSAY 1. Identify and discuss the four written sources of American criminal law. ANS:     REF: p. 63-66 OBJ: LO 1 The U.S. Constitution and the constitution of the various states is Constitutional Law. The U.S. Constitution is the supreme law of the land: state constitutions are supreme within state borders to the extent that they do not violate the U. S. Constitution or a federal law. Statutes, or laws, passed by Congress and by state legislatures, plus local ordinances; statutory law is laws or ordinances created by federal, state, and local legislatures and governing bodies; none of these laws can violate the U.S. Constitution or the relevant state constitution; uniform laws, when adopted by a state legislature, become statutory law in that state. Regulations created by regulatory agencies such as the Food and Drug Administration comprise administrative Law. This includes the rules, orders, and decisions of federal or state government administrative agencies; federal administrative agencies are created by enabling legislation enacted by U.S. Congress. Agency functions include rulemaking, investigation and enforcement, and adjudication. Case law (court decisions) and common law doctrines are judge-made laws, including interpretations of constitutional provisions, of statutes enacted by legislatures, and of regulations created by administrative agencies. 79 2. Explain the difference between crimes that are mala in se and crimes that are mala prohibita. ANS:   REF: p. 72-73 OBJ: LO 4 3. Explain how the doctrine of strict liability applies to criminal law. ANS:    REF: p. 76 OBJ: LO 5 4. Discuss the justification defenses of duress, self-defense, necessity, and entrapment. Describe a situation in which each defense may be used. ANS:      Mala in se is considered wrong even if there is no law prohibiting it; this type of crime is said to go against "natural laws," and includes acts of murder, rape, and theft. Mala prohibita, refers to acts that are considered crimes only because they have been codified as such through statute - "human-made laws;" definitions of these crimes vary among societies. In certain cases, the law holds the defendant to be guilty even if criminal intent to commit the offense is lacking; this is called “strict liability.” While strict liability is inconsistent with the concept of mens rea, it is designed to protect the public by eliminating the possibility that the offender may try to absolve him or herself of criminal culpability. Most strict liability offenses involve endangering the public welfare in some way. Justification defenses are based on a defendant admitting that he or she committed the particular criminal act, but asserting that, under the circumstances, the criminal act was justified. With a defense of duress, the defendant must prove that he or she performed the criminal act under the use or threat of use of unlawful force against his or her person that a reasonable person would have been unable to resist; for example, a mother assists her boyfriend in committing a burglary after he threatens to kill her children if she refuses to do so. Self-defense claims that the defendant acted in a manner to defend himself or herself, others, or property, or to prevent a commission of a crime; for example, a husband awakens to find his wife standing over him, pointing a shotgun at his chest, and in the ensuing struggle, the firearm goes off, killing the wife. The defense of necessity states that the criminal act the defendant committed was necessary in order to avoid a harm to himself or herself or to another that was greater than the harm caused by the act before; for example, four people physically remove a friend from her residence on the property of a religious cult, arguing that the crime of kidnapping was justified in order to remove the victim form the damaging influence of cult leaders. The entrapment defense states that the defendant was encouraged by agents of the state to engage in a criminal act she or he would not have engaged in otherwise; for example, the owner of a boat marina agrees to allow three federal drug enforcement agents, posing as drug dealers, to use his dock to unload shipments of marijuana from Columbia. 80 REF: p. 84-86 OBJ: LO 7 5. Explain the importance of the due process clause in the criminal justice system. ANS:  The due process clause is contained in the Fifth and Fourteenth Amendments.  The due process clause requires that the government not act unfairly or arbitrarily, but rather must stay within the boundaries of reason and law.  There are two types of due process are procedural due process and substantive due process. REF: p. 87 OBJ: LO 8 81