HSA 4423 Exam 4 Review Questions
With Correct Answers
crime - ANSWER defined by a statue
an indictment is the official charging instrument accusing the defendant of
criminal conduct
warrant - ANSWER justification of an action
Amendment 4 - ANSWER the right of the people to be secure in their persons,
house, papers and effects against unreasonable search and seizures, shall not
be violated
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
Amendment 5 - ANSWER 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 the militia, when in
actual service in time of war or public danger;
nor shall any 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 just compensation.
amendment 6 - ANSWER in all criminal prosecutions the accused shall enjoy the
right to a speedy and public trail
by an impartial jury of the statue and district where the crime 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 witness against him
to have compulsory process for obtaining witness in his favor
, and to have the assistance of counsel for his defense
amendment 8 - ANSWER Excessive bail shall not be required, nor excessive
fines imposed
nor cruel and unusual punishments inflicted
general purpose - ANSWER 1) to proscribe conduct that improperly causes or
threatens sustained harm to individual or public interest
2) to give fair warning to people of the statue in understandable language of the
nature of the conduct proscribed and of the sentences authorized upon
conviction
3) to define clearly the material elements constituting an offense and the
accompanying state of mind or criminal intent required for that offense
4) to differentiate on reasonable ground between serious and minor offenses
and to establish appropriate disposition for each
5) to safeguard conduct that is without fault or legitimate state interest from
being condemned as criminal
6) to ensure the public safety by deterring the commission of offense and
providing for the opportunity for rehabilitation of those convicted
grand jury - ANSWER a pre-trail jury that decides if the prosecution evidence is
sufficiently strong to bring an accused to trial for the specified crime
indictment - ANSWER a written accusation of one or more persons of a crime or
misdemeanor, present to and prefered upon affirmation by a grand jury legally
convoked
presentment - ANSWER the written notice taken by a grand jury of any offense
from their own knowledge or observation without any bill of indictment
means by which the prosecution is brought - ANSWER indictment
presentment
information
3 methods of charging a crime - ANSWER indictment ( grand jury and prosecutor
act together)
presentment( grand jury acts alone)
information ( prosecutor acts alone)
With Correct Answers
crime - ANSWER defined by a statue
an indictment is the official charging instrument accusing the defendant of
criminal conduct
warrant - ANSWER justification of an action
Amendment 4 - ANSWER the right of the people to be secure in their persons,
house, papers and effects against unreasonable search and seizures, shall not
be violated
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
Amendment 5 - ANSWER 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 the militia, when in
actual service in time of war or public danger;
nor shall any 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 just compensation.
amendment 6 - ANSWER in all criminal prosecutions the accused shall enjoy the
right to a speedy and public trail
by an impartial jury of the statue and district where the crime 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 witness against him
to have compulsory process for obtaining witness in his favor
, and to have the assistance of counsel for his defense
amendment 8 - ANSWER Excessive bail shall not be required, nor excessive
fines imposed
nor cruel and unusual punishments inflicted
general purpose - ANSWER 1) to proscribe conduct that improperly causes or
threatens sustained harm to individual or public interest
2) to give fair warning to people of the statue in understandable language of the
nature of the conduct proscribed and of the sentences authorized upon
conviction
3) to define clearly the material elements constituting an offense and the
accompanying state of mind or criminal intent required for that offense
4) to differentiate on reasonable ground between serious and minor offenses
and to establish appropriate disposition for each
5) to safeguard conduct that is without fault or legitimate state interest from
being condemned as criminal
6) to ensure the public safety by deterring the commission of offense and
providing for the opportunity for rehabilitation of those convicted
grand jury - ANSWER a pre-trail jury that decides if the prosecution evidence is
sufficiently strong to bring an accused to trial for the specified crime
indictment - ANSWER a written accusation of one or more persons of a crime or
misdemeanor, present to and prefered upon affirmation by a grand jury legally
convoked
presentment - ANSWER the written notice taken by a grand jury of any offense
from their own knowledge or observation without any bill of indictment
means by which the prosecution is brought - ANSWER indictment
presentment
information
3 methods of charging a crime - ANSWER indictment ( grand jury and prosecutor
act together)
presentment( grand jury acts alone)
information ( prosecutor acts alone)
