(Test Bank For Criminal Law and Procedure An Overview, 4e Ronald Bacigal, Mary Kelly
Tate)
(All Chapters)
CHAPTER ONE: DEFINING AND PROVING CRIMES
1. Criminal law possesses the following characteristics:
a. conviction carries with it the community’s moral condemnation.
b. punishment of wrongdoing.
c. society as a whole is considered to be the injured party.
d. all of the above. Answer: d
2. The primary objective of a criminal prosecution is:
a. punishment of the wrongdoer.
b. compensation of the victim for any financial loss.
c. promoting negotiation and settlement.
d. enforcing morals. Answer: a
3. The United States has:
a. a uniform criminal code.
b. a common law that supersedes the statutes of individual jurisdictions.
c. a federal criminal code under which most charges are brought.
d. variations among jurisdictions in defining crimes and punishments. Answer: d
4. The Model Penal Code was developed by:
a. the American Law Institute.
b. the U.S. Congress.
c. the American Association of Law Professors.
d. a conference of state legislatures. Answer: a
5. The original source of our criminal laws was:
a. English common law.
b. Church law.
c. Roman law.
d. statutory law. Answer: a
6. Judicial activism:
a. binds courts to stand by prior decisions.
b. requires courts to defer to legislative intent.
c. encourages courts to interpret law to achieve social goals.
d. is relevant only to constitutional interpretation. Answer: c
7. Judicial restraint:
a. encourages the courts to enforce good public morals.
b. binds the courts to follow prior decisions and defer to legislative intent.
c. is relevant only to constitutional interpretation.
d. is mandated by the constitution.
Answer: b
CHAPTER 1
8. In the 20th century:
a. all states have abolished common law crimes.
,86
b. many states have abolished common law crimes but have retained general principles of the common law.
c. the common law remains in effect in all jurisdictions.
d. common law crimes are relevant only as a part of our heritage. Answer: b
9. Misdemeanors are:
a. “violations,” not crimes.
b. minor crimes.
c. civil harms.
d. common law offenses. Answer: b
10. A malum prohibitum crime is:
a. punishable only by fines.
b. wrong by its very nature.
c. prohibited by administrative regulation.
d. a wrong created by statute or administrative regulation. Answer: d
11. Criminal acts that are wrong by their very nature are referred to as:
a. administrative crimes.
b. mala in se.
c. public crimes.
d. mala prohibita. Answer: b
12. The primary difference between felonies and misdemeanors is:
a. the person prosecuted.
b. the penalty imposed.
c. whether the victim is an individual or general society.
d. the court that tries the case. Answer: b
13. The ex post facto principle prohibits:
a. decreasing punishments for past crimes.
b. increasing punishments for future crimes.
c. laws that create new crimes not recognized by common law.
d. laws that punish conduct done before the law’s passage. Answer: d
14. The vagueness doctrine prohibits laws that:
a. violate the ex post facto clause.
b. violate the constitution in any way.
c. violate the equal protection clause.
d. violate the constitutional requirement of due process.
Answer: d
15. The doctrine that requires criminal laws to be reasonably specific is known as the: a. ex post facto doctrine.
b. uniformity doctrine.
c. void-for-vagueness doctrine.
d. liberal construction doctrine. Answer: c
16. Which of the following constitutional provisions limits the government’s power to prohibit and punish certain
conduct?
a. The right to free speech
b. The right to due process
c. The right to privacy
d. All of the above Answer: d
17. Rehabilitation, incapacitation, and deterrence are:
a. mutually exclusive purposes of punishment.
b. essential components of all punishment.
c. accomplished only through incarceration.
d. sometimes conflicting, sometimes complementary purposes of punishment. Answer: d
18. Deterrence theory is based upon the assumption that:
, Test Bank 87
a. criminals are beyond society’s control.
b. rehabilitation requires incapacitation.
c. human beings govern their conduct by considering potential punishment.
d. rehabilitation is more humane than retribution. Answer: c
19. Critics of deterrence theory maintain that:
a. human beings govern their conduct by considering potential punishment.
b. a major purpose of criminal law is crime prevention.
c. much human behavior is emotional, not rational.
d. most criminal conduct is voluntary. Answer: c
20. According to incapacitation theory, the purpose of criminal punishment is to:
a. express community condemnation.
b. reform criminals into noncriminals.
c. eliminate an offender’s capacity to commit crimes.
d. vindicate victims’ rights. Answer: c
21. Robinson v. California declared disproportionate punishments to be:
a. cruel and unusual.
b. constitutional.
c. unconstitutionally vague.
d. inconsistent with rehabilitation.
Answer: a
CHAPTER 1
22. In Robinson v. California, the defendant’s conviction for being addicted to narcotics was overturned because:
a. the state failed to prove that the defendant was addicted.
b. the defendant was a mere user, not a seller of narcotics.
c. punishment for a condition or status is cruel and unusual.
d. the defendant’s addiction was not voluntary. Answer: c
23. The prosecution’s responsibility to prove all elements of a crime beyond a reasonable doubt is known as its:
a. burden of production.
b. burden of proof.
c. burden to prove the corpus delicti.
d. presumption of guilt. Answer: b
24. The burden of production in a criminal case requires:
a. evidence beyond a reasonable doubt.
b. some evidence to support a claim.
c. evidence to rebut the presumption of innocence.
d. direct, not circumstantial, evidence. Answer: b
25. The preponderance of evidence is:
a. evidence that raises a reasonable doubt.
b. clear and convincing evidence.
c. evidence that makes a fact more likely than not.
d. a constitutional standard. Answer: c
26. A presumption is:
a. adequate for conviction.
b. the same thing as a permissive inference.
c. determined by the judge, not the jury.
d. a mandatory finding when certain predicate facts are established. Answer: d
27. A permissive inference is:
a. a possible but not mandatory conclusion to be drawn.
, 88
b. available only to the defense, not the prosecution.
c. unconstitutional in a criminal trial.
d. not a proper way to prove the corpus delicti. Answer: a
28. Recognition that people normally intend the natural and necessary consequence of their acts is:
a. a “true” and proper presumption.
b. a permissible inference.
c. unconstitutional.
d. part of a proper defense, but not part of the prosecution’s case.
Answer: b
29. The prosecution may use inferences that are:
a. rational, that is, the inferred fact logically follows from the evidence.
b. created by the legislature.
c. recognized by common law.
d. reflective of legislative policy. Answer: a
30. Corpus delicti is:
a. the body of a homicide victim.
b. established by direct but not circumstantial evidence.
c. the body of the crime, that is, the fact of its having been committed.
d. the identity of the criminal.
Answer: c
CHAPTER TWO: ESSENTIAL ELEMENTS OF CRIMES
1. Which of the following is not considered an act for purposes of criminal law?
a. Omission
b. Thought
c. Speech
d. Attempt Answer: b
2. Conduct during a sleepwalking episode is considered:
a. a voluntary act.
b. a status or condition.
c. an involuntary act.
d. a strict liability act. Answer: c
3. In order to be held criminally liable for a failure to act, the defendant:
a. must have a moral duty to act.
b. must possess malice aforethought.
c. must be at least negligent.
d. must have a legal duty to act. Answer: d
4. A common method of proving mens rea is by:
a. a guilty plea.
b. inference from a person’s actions.
c. an eyewitness.
d. a polygraph examination. Answer: b
5. Mens rea includes:
a. strict liability.
b. status or condition.
c. specific intent.
d. omission. Answer: c
Tate)
(All Chapters)
CHAPTER ONE: DEFINING AND PROVING CRIMES
1. Criminal law possesses the following characteristics:
a. conviction carries with it the community’s moral condemnation.
b. punishment of wrongdoing.
c. society as a whole is considered to be the injured party.
d. all of the above. Answer: d
2. The primary objective of a criminal prosecution is:
a. punishment of the wrongdoer.
b. compensation of the victim for any financial loss.
c. promoting negotiation and settlement.
d. enforcing morals. Answer: a
3. The United States has:
a. a uniform criminal code.
b. a common law that supersedes the statutes of individual jurisdictions.
c. a federal criminal code under which most charges are brought.
d. variations among jurisdictions in defining crimes and punishments. Answer: d
4. The Model Penal Code was developed by:
a. the American Law Institute.
b. the U.S. Congress.
c. the American Association of Law Professors.
d. a conference of state legislatures. Answer: a
5. The original source of our criminal laws was:
a. English common law.
b. Church law.
c. Roman law.
d. statutory law. Answer: a
6. Judicial activism:
a. binds courts to stand by prior decisions.
b. requires courts to defer to legislative intent.
c. encourages courts to interpret law to achieve social goals.
d. is relevant only to constitutional interpretation. Answer: c
7. Judicial restraint:
a. encourages the courts to enforce good public morals.
b. binds the courts to follow prior decisions and defer to legislative intent.
c. is relevant only to constitutional interpretation.
d. is mandated by the constitution.
Answer: b
CHAPTER 1
8. In the 20th century:
a. all states have abolished common law crimes.
,86
b. many states have abolished common law crimes but have retained general principles of the common law.
c. the common law remains in effect in all jurisdictions.
d. common law crimes are relevant only as a part of our heritage. Answer: b
9. Misdemeanors are:
a. “violations,” not crimes.
b. minor crimes.
c. civil harms.
d. common law offenses. Answer: b
10. A malum prohibitum crime is:
a. punishable only by fines.
b. wrong by its very nature.
c. prohibited by administrative regulation.
d. a wrong created by statute or administrative regulation. Answer: d
11. Criminal acts that are wrong by their very nature are referred to as:
a. administrative crimes.
b. mala in se.
c. public crimes.
d. mala prohibita. Answer: b
12. The primary difference between felonies and misdemeanors is:
a. the person prosecuted.
b. the penalty imposed.
c. whether the victim is an individual or general society.
d. the court that tries the case. Answer: b
13. The ex post facto principle prohibits:
a. decreasing punishments for past crimes.
b. increasing punishments for future crimes.
c. laws that create new crimes not recognized by common law.
d. laws that punish conduct done before the law’s passage. Answer: d
14. The vagueness doctrine prohibits laws that:
a. violate the ex post facto clause.
b. violate the constitution in any way.
c. violate the equal protection clause.
d. violate the constitutional requirement of due process.
Answer: d
15. The doctrine that requires criminal laws to be reasonably specific is known as the: a. ex post facto doctrine.
b. uniformity doctrine.
c. void-for-vagueness doctrine.
d. liberal construction doctrine. Answer: c
16. Which of the following constitutional provisions limits the government’s power to prohibit and punish certain
conduct?
a. The right to free speech
b. The right to due process
c. The right to privacy
d. All of the above Answer: d
17. Rehabilitation, incapacitation, and deterrence are:
a. mutually exclusive purposes of punishment.
b. essential components of all punishment.
c. accomplished only through incarceration.
d. sometimes conflicting, sometimes complementary purposes of punishment. Answer: d
18. Deterrence theory is based upon the assumption that:
, Test Bank 87
a. criminals are beyond society’s control.
b. rehabilitation requires incapacitation.
c. human beings govern their conduct by considering potential punishment.
d. rehabilitation is more humane than retribution. Answer: c
19. Critics of deterrence theory maintain that:
a. human beings govern their conduct by considering potential punishment.
b. a major purpose of criminal law is crime prevention.
c. much human behavior is emotional, not rational.
d. most criminal conduct is voluntary. Answer: c
20. According to incapacitation theory, the purpose of criminal punishment is to:
a. express community condemnation.
b. reform criminals into noncriminals.
c. eliminate an offender’s capacity to commit crimes.
d. vindicate victims’ rights. Answer: c
21. Robinson v. California declared disproportionate punishments to be:
a. cruel and unusual.
b. constitutional.
c. unconstitutionally vague.
d. inconsistent with rehabilitation.
Answer: a
CHAPTER 1
22. In Robinson v. California, the defendant’s conviction for being addicted to narcotics was overturned because:
a. the state failed to prove that the defendant was addicted.
b. the defendant was a mere user, not a seller of narcotics.
c. punishment for a condition or status is cruel and unusual.
d. the defendant’s addiction was not voluntary. Answer: c
23. The prosecution’s responsibility to prove all elements of a crime beyond a reasonable doubt is known as its:
a. burden of production.
b. burden of proof.
c. burden to prove the corpus delicti.
d. presumption of guilt. Answer: b
24. The burden of production in a criminal case requires:
a. evidence beyond a reasonable doubt.
b. some evidence to support a claim.
c. evidence to rebut the presumption of innocence.
d. direct, not circumstantial, evidence. Answer: b
25. The preponderance of evidence is:
a. evidence that raises a reasonable doubt.
b. clear and convincing evidence.
c. evidence that makes a fact more likely than not.
d. a constitutional standard. Answer: c
26. A presumption is:
a. adequate for conviction.
b. the same thing as a permissive inference.
c. determined by the judge, not the jury.
d. a mandatory finding when certain predicate facts are established. Answer: d
27. A permissive inference is:
a. a possible but not mandatory conclusion to be drawn.
, 88
b. available only to the defense, not the prosecution.
c. unconstitutional in a criminal trial.
d. not a proper way to prove the corpus delicti. Answer: a
28. Recognition that people normally intend the natural and necessary consequence of their acts is:
a. a “true” and proper presumption.
b. a permissible inference.
c. unconstitutional.
d. part of a proper defense, but not part of the prosecution’s case.
Answer: b
29. The prosecution may use inferences that are:
a. rational, that is, the inferred fact logically follows from the evidence.
b. created by the legislature.
c. recognized by common law.
d. reflective of legislative policy. Answer: a
30. Corpus delicti is:
a. the body of a homicide victim.
b. established by direct but not circumstantial evidence.
c. the body of the crime, that is, the fact of its having been committed.
d. the identity of the criminal.
Answer: c
CHAPTER TWO: ESSENTIAL ELEMENTS OF CRIMES
1. Which of the following is not considered an act for purposes of criminal law?
a. Omission
b. Thought
c. Speech
d. Attempt Answer: b
2. Conduct during a sleepwalking episode is considered:
a. a voluntary act.
b. a status or condition.
c. an involuntary act.
d. a strict liability act. Answer: c
3. In order to be held criminally liable for a failure to act, the defendant:
a. must have a moral duty to act.
b. must possess malice aforethought.
c. must be at least negligent.
d. must have a legal duty to act. Answer: d
4. A common method of proving mens rea is by:
a. a guilty plea.
b. inference from a person’s actions.
c. an eyewitness.
d. a polygraph examination. Answer: b
5. Mens rea includes:
a. strict liability.
b. status or condition.
c. specific intent.
d. omission. Answer: c
