CJ 3rd Edition by Larry K. Gaines – Test Bank

 

To Purchase this Complete Test Bank with Answers Click the link Below

 

https://tbzuiqe.com/product/cj-3rd-edition-by-larry-k-gaines-test-bank/

 

If face any problem or Further information contact us At tbzuiqe@gmail.com

 

 

Sample Test

Chapter_03__Inside_Criminal_Law

 

True / False

 

1.   Actus rea is a person’s mental state, or intent.

2.   a. True

3.   False

 

ANSWER:                            False

REFERENCES:                    What Are The Elements Of A Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

 

2.   The M’Naghten rule operates as a defense if the person is legally insane.

3.   a. True

4.   False

 

ANSWER:                            True

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Remember

 

3.   Constitutional law is the body of law enacted by legislative bodies.

4.   a. True

5.   False

 

ANSWER:                            False

REFERENCES:                    What Are The Written Sources of American Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.01 – 03.01

KEYWORDS:                       Bloom’s: Remember

 

4.   The Bill of Rights applies the first twenty-one amendments to the Constitution to the states.

5.   a. True

6.   False

 

ANSWER:                            False

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

KEYWORDS:                       Bloom’s: Remember

 

5.   The Fifth Amendment guarantees that no person can be required to be a witness against himself or herself.

6.   a. True

7.   False

 

ANSWER:                            True

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

 

6.   The Sixth Amendment guarantees the right to a speedy trial, a trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer at various stages of criminal proceedings.

7.   a. True

8.   False

 

ANSWER:                            True

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

KEYWORDS:                       Bloom’s: Remember

 

7.   Administrative law is the body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

8.   a. True

9.   False

 

ANSWER:                            True

REFERENCES:                    What Are The Written Sources of American Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.01 – 03.01

 

8.   The written sources of American criminal law are also known as “substantive” criminal law.

9.   a. True

10.                False

 

ANSWER:                            True

REFERENCES:                    What Are The Written Sources of American Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.01 – 03.01

KEYWORDS:                       Bloom’s: Remember

 

9.   A regulatory agency is a federal, state, or local government agency established to perform a specific function.

10.                a. True

11.                False

 

ANSWER:                            True

REFERENCES:                    What Are The Written Sources of American Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.01 – 03.01

KEYWORDS:                       Bloom’s: Remember

 

10.                10. Procedural criminal law is rules that define the manner in which the rights and duties of individuals may be a. True

11.                False

 

ANSWER:                            True

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

 

11.                11. The Fifth Amendment guarantees that no person can be required to be a witness against himself or

12.                a. True

13.                False

 

ANSWER:                            True

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

KEYWORDS:                       Bloom’s: Remember

 

12.                12. A plot by two or more people to carry out an illegal or harmful act is called a a. True

13.                False

 

ANSWER:                            True

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Remember

 

13.                13. An inchoate defense is a defense offered by a person accused of a crime showing that she or he was elsewhere at the time the crime took

14.                a. True

15.                False

 

ANSWER:                            False

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Remember

 

14.                14. Insanity is a defense in which the accused’s wrongdoing is excused because he or she is too young to fully

understand the consequences of his or her actions. a. True

1.   False

 

ANSWER:                            False

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Remember

 

15.                15. Criminal law normally requires that the corpus delicti, a Latin phrase for “the body of the crime,” be

16.                a. True

17.                False

 

ANSWER:                            True

REFERENCES:                    What Are The Elements Of A Crime?

 

Multiple Choice

 

16.                16. Which of the following is NOT one of the reasons a person is excused for his or her wrongdoing as a result of a mental disorder?

17.                a. He or she does not perceive the physical nature or consequences of his or her

18.                He or she does not know that his or her conduct is wrong or criminal.

19.                c. He or she was intoxicated at the time of the

20.                He or she is not sufficiently able to control his or her conduct so as to be held accountable for it.

 

ANSWER:                            c

REFERENCES:                    Which Defenses are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Remember

 

 

17.                17. When a person is physically forced to ingest or is injected with an intoxicating substance, or is unaware that a substance contains drugs or alcohol it is called:

18.                a. voluntary intoxication entrapment

19.                c. involuntary intoxication duress

 

ANSWER:                            c

REFERENCES:                    Which Defenses are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Remember

 

18.                18. Which of the following is NOT one of the necessary requirements to use duress as a defense?

19.                a. The harm threatened must be greater than the harm caused by the

20.                The defendant must have become involved in the situation through no fault of their own.

21.                c. The threat must not be one of serious bodily harm or

22.                The threat must be immediate and inescapable.

 

ANSWER:                            c

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Remember

 

19.                19. The authority of a court to hear and decide cases within an area of the law or a geographic territory is the definition of what term?

20.                a. case law negligence

21.                c. statute jurisdiction

 

ANSWER:                            d

REFERENCES:                    What Are The Written Sources of American Criminal Law?

 

20.                20. Which of the following is NOT a basic element of corpus delicti?

21.                a. mala in se concurrence

22.                c. mens rea actus reus

 

ANSWER:                            a

REFERENCES:                    What Are The Elements Of A Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

21.                21. Most hate crimes are motivated by which of the following?

22.                a. sexual orientation ethnicity

23.                c. religion race

 

ANSWER:                            d

REFERENCES:                    What Are The Elements of a Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

22.                22. When a person desires to engage in certain criminal conduct or to cause a certain criminal result is the definition of what term?

23.                a. accidentally purposely

24.                c. intelligently negligently

 

ANSWER:                            b

REFERENCES:                    What Are The Elements of a Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

23.                23. Which of the following is not a category protected under hate crimes laws?

24.                a. gender ethnicity

25.                c. race socioeconomic status

 

ANSWER:                            d

REFERENCES:                    What Are The Elements of a Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

24.                24. Which of the following is NOT one of the “legal functions” of the law?

25.                a. punish prevent harm

26.                c. protect legislate

 

ANSWER:                            d

REFERENCES:                    Why Do Societies Need Laws?

 

25.                25. The purpose of the “social function” of the law is important for which of the following reasons?

26.                a. To express public morality and protect

27.                To express public morality and teach societal boundaries.

28.                c. To protect society and punish those who have

29.                To punish those who have harmed and teach societal boundaries.

 

ANSWER:                            b

REFERENCES:                    Why Do Societies Need Laws?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.01 – 03.01

KEYWORDS:                       Bloom’s: Remember

 

26.                26. Which of the following is NOT one of the reasons behind the three tests of insanity used by American courts?

27.                a. He or she lacked substantial capacity to appreciate the wrongfulness of his or her

28.                He or she lacked the age to fully understand the impact and wrongfulness of his or her conduct.

29.                c. He or she may have known the criminal act was wrong, however, some irresistible impulse resulting from a mental deficiency drove him or her to commit the

30.                He or she is not legally culpable because he or she cannot distinguish right from wrong.

 

ANSWER:                            b

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Remember

 

27.                27. What defense is used if the defendant’s state of mind is such that they cannot claim legal responsibility for their

actions?

1.   a. insanity infancy

2.   c. intoxication mistake

 

ANSWER:                            a

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Remember

 

28.                28. Which of the following tests is considered the easiest standard for a defendant to meet to show insanity as a defense?

29.                a. the substantial-capacity test the irresistible-impulse test

30.                c. the right-from-wrong test the M’Naghten rule

 

ANSWER:                            a

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Remember

 

29.                29. Which of the following is NOT a justification defense?

30.                a. duress insanity

31.                c. self-defense entrapment

 

ANSWER:                            b

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Remember

 

30.                30. When using deadly-force in self-defense, which of the following must be true?

31.                a. A gun must be used on your own property against

32.                There is a reasonable belief that imminent death or bodily harm will occur.

33.                c. The crime must take place at night on your own

34.                The defender has to have initiated or provoked the attack.

 

ANSWER:                            b

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.04 – 03.04

KEYWORDS:                       Bloom’s: Remember

 

31.                31. The requirement that a person claiming self-defense prove that he or she first took reasonable steps to avoid the conflict that resulted in the use of deadly force is called:

32.                a. self-defense necessity

33.                c. duty to retreat duress

 

ANSWER:                            c

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.04 – 03.04

KEYWORDS:                       Bloom’s: Remember

 

32.                32. For those who commit hate crimes, the law allows for what change?

33.                a. apology sanctions mediation sanctions

34.                c. greater sanctions lesser sanctions

 

ANSWER:                            c

REFERENCES:                    What are the Elements of a Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

33.                33. What is a body of circumstances that are fair and requires the defining of the elements of the crime called?

34.                a. negligence corpus delicti

35.                c. actus rea mens rea

 

ANSWER:                            b

REFERENCES:                    What are the Elements of a Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

34.                34. What kind of law is the body of law enacted by legislative bodies?

35.                a. case law constitutional law

36.                c. administrative law statutory law

 

ANSWER:                            d

REFERENCES:                    What Are The Written Sources of American Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.01 – 03.01

KEYWORDS:                       Bloom’s: Remember

 

35.                35. Which of the following is the constitutional requirement that laws used in accusing and convicting persons of crime must be fair?

36.                a. procedural due process substantive due process

37.                c. due process Bill of Rights

 

ANSWER:                            b

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

KEYWORDS:                       Bloom’s: Remember

 

36.                36. The Eight Amendment to the Constitution protects against which of the following?

37.                a. unreasonable searches and seizures cruel and unusual punishment

38.                c. double jeopardy self-incrimination

 

ANSWER:                            b

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

KEYWORDS:                       Bloom’s: Remember

 

37.                37. An order that requires jailers to bring a person before a court or judge and explain why the person is being held in prison is called a:

38.                a. ex post facto law Bill of Attainder

39.                c. writ of habeas corpus trial of all crimes

 

ANSWER:                            c

REFERENCES:                    What Are The Elements of a Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

38.                38. If four people physically remove a friend from her residence on the property of a religious cult, and argue that the crime of kidnapping was justified in order to remove the victim from the damaging influence of cult leaders, what defense would they be using?

39.                a. insanity necessity

40.                c. duress self-defense

 

ANSWER:                            b

REFERENCES:                    Which Defenses are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.04 – 03.04

KEYWORDS:                       Bloom’s: Remember

 

39.                39. What Amendment to the Constitution holds that no warrants may be issued without probable cause?

40.                a. Fifth Amendment First Amendment

41.                c. Fourth Amendment Eighth Amendment

 

ANSWER:                            c

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

KEYWORDS:                       Bloom’s: Remember

 

40.                40. What would the defense be for a woman, thinking that her divorce in another state has been finalized when it has not, marries for a second time, thereby committing bigamy?

41.                a. entrapment insanity

42.                c. mistake of fact infancy

 

ANSWER:                            c

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

KEYWORDS:                       Bloom’s: Remember

 

According to police investigators, Rickie Lee Fowler was angry about being  thrown out of a family member’s house in California’s San Bernardino Mountains. As retaliation, Fowler started one of the largest wildfires in state history. Known as the Old Fire, the 91,000-acre blaze lasted nine days, destroyed 1,003 homes, and caused the deaths of five men. Fowler was eventually convicted on two counts of arson and five counts of murder. In January 2013, a jury sentenced him to be executed. “You’re not going to find a better case than this for the death penalty,” said San Bernardino County deputy district attorney Robert Bullock.

41.                41. Murder is defined as the willful killing of another human being. Murder, punishable by death, must be both

premeditated and what else?

1.   a. justified

2.   deliberate

3.   c. without malice spontaneouos

 

ANSWER:                            b

REFERENCES:                    What are the Different Categories Of A Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

42.                42. Of the five men killed in the Old Fire, how many did Rickie Lee Fowler intend to kill?

43.                a. zero two c. three

44.                all five

 

ANSWER:                              a

REFERENCES:                     What are the Different Categories Of A Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                        Bloom’s: Apply

 

43.                43. What fact would suggest that Fowler had malice aforethought toward the victims of Old Fire?

44.                a. Fowler was angry at being thrown out a a family member’s b. Fowler with deliberately started the Old Fire blaze.

45.                c. Fowler purposefully retaliated against the family member with whom he had an d. None of these choices.

 

ANSWER:                              d

REFERENCES:                     What are the Different Categories Of A Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                        Bloom’s: Apply

 

44.                44. What fact would not matter in the murder charges against Fowler?

45.                a. The five victims died due to heart attacks, not due to burns or smoke b. One of the victims died a week after the event.

46.                c. The Old Fire burned 1,003

47.                Fowler intentionally started the Old Fire.

 

ANSWER:                              c

REFERENCES:                     What are the Different Categories Of A Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                        Bloom’s: Apply

 

45.                45. The fact that Fowler was angry at his family might be grounds for what legal defense?

46.                a. substantial-capacity test infancy

47.                c. irresistible-impulse insanity

 

ANSWER:                              c

REFERENCES:                     What are the Different Categories Of A Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                        Bloom’s: Apply

 

In 2012, a San Diego County, California, man named Richard Fox killed his girlfriend by accidentally shooting her with a homemade cannon.

46.                46. What criminal charge would Richard Fox likely face, given the description of the incident?

47.                a. First degree murder

48.                Manslaughter

49.                c. Negligent discharge of an explosive

50.                Reckless discharge of an explosive

 

ANSWER:                            a

REFERENCES:                    What Are The Elements of a Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Apply

 

 

47.                47. Based on just the preface, what statement below would best describe Fox’ mental state?

48.                a. mens rea would apply in this case

49.                an attempt was demonstrated by the firing of the cannon

50.                c. concurrence was demonstrated by the firing of the cannon and the death of the girlfriend mens rea would not apply in this case

 

ANSWER:                            d

REFERENCES:                    What Are The Elements of a Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Apply

 

48.                48. Felony-murder rules tend to negate what aspect of criminal justice?

49.                a. mens rea

50.                attempt

51.                c. concurrence

52.                All of these choices

 

ANSWER:                            d

REFERENCES:                    What Are The Elements of a Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Apply

 

49.                49. For Fox not to be charged with murder, the district attorney must have believed what part of Fox’s account?

50.                a. Fox was not angry at his girlfriend

51.                The discharge of the cannon was an accident.

52.                c. Fox deployed the cannon as a

53.                Fox had been drinking heavily before the cannon was fired.

 

ANSWER:                            b

REFERENCES:                    What Are The Elements of a Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Apply

 

50.                50. Which charge, given the description in the preface, might the district attorney have charged Fox with?

51.                a. First degree murder

 

1.   Voluntary manslaughter c. Involuntary manslaughter d. Recklessness

 

ANSWER:                            c

REFERENCES:                    What Are The Elements of a Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Apply

 

Between 2008 and 2013 American Predator drones—remote controlled, unmanned aircraft armed with missiles

—killed upwards of 3,000 suspected terrorists in Afghanistan, Pakistan, and Yemen. The most controversial

target has been Islamist cleric Anwar al-Awlaki, who failed to survive a drone strike in Yemen on September 30,

2011.         2011. Awlaki had been linked to more than a dozen terrorist operations, including a plot to blow up cargo airplanes bound for the United States. He was also a United States citizen. Because of Awlaki’s citizenship, critics argued that his death by drone attack was illegal, given that the S. Constitution forbids the execution of American citizens without due process of law. Legal expert Glenn Greenwald noted that there had been no effort to charge Awlaki with committing any crime, and he had not been afforded a trial to prove his innocence. “[Awlaki] was simply ordered killed by the president: his judge, jury and executioner,” Greenwald said.

2012.         51. Given the circumstances of Awlaki’s death, which of the following would apply in his case?

2013.         a. Due process clause

2014.         Procedural criminal law c. Bill of Rights

2015.         None of these choices

 

ANSWER:                            d

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

 

 

52.                52. The use of the category “enemy combatant” has had what effect on individual rights?

53.                a. It expanded them to apply to all people under US b. It restricted them to apply to only US citizens.

54.                c. It expanded them to apply to all foreigners, including those taken on the

55.                It restricted them from applying to those battlefield prisoners, even if they are US citizens.

 

ANSWER:                            d

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

 

53.                53. What is the legal difference between a US citizen committing armed robbery and a US enemy combatant fighting

American forces on a foreign battlefield?

1.   a. The robbery suspect used a gun, thus making it a civil

2.   The armed robber, it may be said, took up arms against the US Government. c. The enemy combatant took up arms against the US Government.

3.   There are no differences between the two.

 

ANSWER:                            c

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

 

54.                54. If Awlaki had engaged in piracy rather than terrorism, what venue would these cases be heard? Hint: Pirates are not enemy

55.                a. State criminal court

56.                Federal criminal court c. Federal civil court

57.                Military tribunals

 

ANSWER:                            b

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

 

55.                55. According to the enemy combatant doctrine, the protections afforded in the Bill of Rights applies only to

56.                a. American citizens

57.                American citizens not at war America

58.                c. Foreign citizens not at war with America All people regardless of citizenship

 

ANSWER:                            b

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

 

Completion

 

56.                56. is a condition that, under early American law, excused young wrongdoers of criminal behavior because presumably they could not understand the consequences of their

 

ANSWER:                            Infancy

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

KEYWORDS:                       Bloom’s: Remember

 

 

57.                57. A defense for criminal liability that asserts a lack of legal responsibility based on mental illness is called

                  .

 

ANSWER:                            insanity

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Remember

 

58.

is when unlawful pressure is brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform.

 

ANSWER:                            Duress

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.04 – 03.04

KEYWORDS:                       Bloom’s: Remember

 

 

59.                59. The act of taking substantial steps toward committing a crime while having the ability and the intent to commit the crime, even if the crime never takes place is called .

 

ANSWER:                            attempt

REFERENCES:                    What Are The Elements of a Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

60.                60. Intoxication is a defense for                 in which the defendant claims that the taking of intoxicants rendered him or her unable to form the requisite intent to commit a criminal

 

ANSWER:                            criminal liability

REFERENCES:                    Which Defenses Are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Remember

 

61.                61.                     is a strict liability crime in which an adult engages in a sexual act with a

 

ANSWER:                            Statutory rape REFERENCES:                                           What Is A Crime? LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

62.                62.                  is a person’s mental state, or

 

ANSWER:                            Mens rea REFERENCES:                                           What Is A Crime? LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

 

63.

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.

 

ANSWER:                            Criminal negligence

REFERENCES:                    What Are The Different Categories Of Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

64.                64.                     are the rules of law announced in court

 

ANSWER:                            Case law

REFERENCES:                    What Are The Written Sources of American Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.01 – 03.01

KEYWORDS:                       Bloom’s: Remember

 

65.                65. is a defense in which the defendant claims that he or she was induced by a public official – usually an undercover agent or police officer – to commit a crime that he or she would otherwise not have committed

 

ANSWER:                            Entrapment

REFERENCES:                    Which Defenses are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.04 – 03.04

KEYWORDS:                       Bloom’s: Remember

 

Essay

 

66.                66. List and then explain the three different insanity tests that are used in different American

 

ANSWER:                            ∙ The M’Naghten rule is a common law test of criminal responsibility that relies on the defendant’s inability to distinguish right from wrong.

∙ The substantial capacity test (ALI/MPC test) is a test that states that a person is not

responsible for criminal behavior if he or she had no awareness of wrongdoing or was unable to control his or her actions.

∙ The irresistible-impulse test is a test for the insanity defense under which a defendant who knew his or her action was wrong must establish that he or she was unable to resist the urge to commit the crime.

REFERENCES:                    Which Defenses are Available Under Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.03 – 03.03

KEYWORDS:                       Bloom’s: Apply

 

 

67.                67. Explain why societies need laws to function and why they are important in American society?

 

ANSWER:                            ∙ To protect and punish – the legal function of the law

o The primary legal function of the law is to maintain social order by protecting citizens from criminal harm, i.e. harms to individual citizens’ physical safety and property and harms to society’s interests collectively, sometimes, however, it is difficult to measure society’s “collective” interests.

o Often, laws passed to reduce such harms seem overly intrusive and marginally necessary.

∙ To maintain and teach – the social function of the law

o If criminal laws against acts that cause harm or injury to others are almost universally accepted, the same cannot be said for laws that criminalize “morally” wrongful activities that may do no obvious, physical harm outside the families of those involved.

o Instead they express public morality and teach societal boundaries

REFERENCES:                    Why Do Societies Need Laws?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.01 – 03.01

KEYWORDS:                       Bloom’s: Apply

 

68.                68. Explain the difference between substantive and procedural due process and give an example of

 

ANSWER:                            ∙ Procedural due process is a provision in the Constitution that states that the law must be carried out in a fair and orderly manner. It requires that certain procedures be followed in administering and executing a law so that an individual’s basic freedoms are never violated. An example of this would be For example, when a young student is subjected to a futile strip search in which she was forced to expose her breasts and pubic area. School officials were looking for prescription- strength ibuprofen pills and she was targeted based on a tip from another student. In 2009, the Supreme Court ruled that the school did not have sufficient reason to conduct such an intrusive and humiliating search.

∙ Substantive due process is the constitutional requirement that laws used in accusing and convicting persons of crimes must be fair. The idea is that if a law is unfair or arbitrary, even if properly passed by a legislature, it must be declared unconstitutional. For example, Oklahoma instituted the Habitual Criminal Sterilization Act. Under this statute, a person who had been convicted of three felonies could be “rendered sexually sterile” by the state (that is, the person would no longer be able to produce children). The United States Supreme Court held that the law was unconstitutional, as there are “limits to the extent which a legislatively represented majority may conduct biological experiments at the expense of the dignity and personality and natural powers of a minority.

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

KEYWORDS:                       Bloom’s: Apply

 

69.                69. Explain at least three of the constitutional amendments that are critical to the field of criminal

 

ANSWER:                            Could list any three of the below.

∙ The Fourth Amendment protection from unreasonable searches and seizures.

∙ The Fourth Amendment requirement that no warrants for a search or an arrest can be issued

without good reason.

∙ The Fifth Amendment requirement that no one can be deprived of life, liberty, or property

without “due process” of law.

∙ The Fifth Amendment prohibition against double jeopardy

∙ The Fifth Amendment guarantee that no person can be required to be a witness against

(incriminate) himself or herself.

∙ The Sixth Amendment guarantees of a speedy trial, a trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer at various stages of criminal proceedings.

∙ The Eighth Amendment prohibitions against excessive bails and fines and cruel and unusual punishments.

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

KEYWORDS:                       Bloom’s: Remember

 

70.                70. Explain the development of the due process clause to the

 

ANSWER:                            ∙ The Bill of Rights initially offered citizens protection only against the federal government. Shortly after the end of the Civil War, in 1868, three- fourths of the states ratified the Fourteenth Amendment to expand the protections of the Bill of Rights.

∙ The most important part of the amendment reads: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

∙ It would be nearly a hundred years before those accused of crimes on the state level would enjoy all the same protections as those accused of breaking federal laws.

REFERENCES:                    How Do Criminal Procedures Protect Our Constitutional Rights?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.05 – 03.05

KEYWORDS:                       Bloom’s: Apply

 

71.                71. Define mens rea and discuss its

 

ANSWER:                            A wrongful mental state—mens rea—is usually as necessary as a wrongful act in

determining guilt.

A guilty mental state includes elements of purpose, knowledge, negligence, and recklessness. A defendant is said to have purposefully committed a criminal act when he or she desires to engage in certain criminal conduct or to cause a certain criminal result. For a defendant to have knowingly committed an illegal act, he or she must be aware of the illegality.

Criminal negligence 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.

The Model Penal Code defines criminal recklessness as “consciously disregard[ing] a substantial and unjustifiable risk.”

 

 

REFERENCES:                    What are the Elements of a Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Apply

 

72.                72. Define and explain the four sources of American criminal

 

ANSWER:                            1. The U.S. Constitution and the constitutions of the various states.

2.   2. Statutes, or laws, passed by Congress and by state legislatures, plus local

3.   3. Regulations, created by regulatory agencies, such as the federal Food and Drug

Administration.

4.   4. Case law (court decisions).

REFERENCES:                    What Are The Written Sources of American Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.01 – 03.01

KEYWORDS:                       Bloom’s: Remember

 

73.                73. Define and explain the differences, in terms of guilt and innocence and burden of proof, between criminal and civil

 

ANSWER:                            Civil law, which includes all types of law other than criminal law, is concerned with disputes between private individuals and between entities.  Proceedings in civil lawsuits are normally initiated by an individual or a corporation (in contrast to criminal proceedings, which are initiated by public prosecutors) and may involve the terms of a contract, the ownership of property, or an automobile accident. Under civil law, the government provides a forum for the resolution of torts—or private wrongs—in which the injured party, called the plaintiff, tries to prove that a wrong has been committed by the accused party, or the defendant.

 

 

The criminal justice system is concerned with protecting society from harm by preventing and prosecuting crimes. A crime is an act so reprehensible that it is considered a wrong against society as a whole, as well as against the individual victim.

REFERENCES:                    What Is The Difference Between Civil and Criminal Law?

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.01 – 03.01

KEYWORDS:                       Bloom’s: Apply

 

74.                74. Identify and explain what are the different categories of

 

ANSWER:                            A. Felonies

1.   1. Capital offenses, for which the maximum penalty is death. 2. First degree felonies, punishable by a maximum penalty of life imprisonment. 3. Second degree felonies, punishable by a maximum of ten years’ imprisonment. 4. Third degree felonies, punishable by a maximum of five years’

2.   B. Misdemeanors fall into two categories: gross misdemeanors, which are offenses punishable by thirty days to a year in jail, and petty misdemeanors,

or offenses punishable by fewer than thirty days.

1.   C. Infractions are the least serious form of wrongdoing and is punishable only by a small fine. Even though infractions such as parking tickets or traffic violations technically represent illegal activity, they generally are not considered “crimes.”

REFERENCES:                    What are the Different Categories of Crime

LEARNING OBJECTIVES:  CRIM.GAIN.1.03.01 – 03.01

KEYWORDS:                       Bloom’s: Remember

 

75.                75. Define and explain the differences between Mala in Se and Mala Prohibita.

 

ANSWER:                            A criminal act is referred to as mala in se if it would be considered wrong even if there were no law prohibiting it. Mala in se crimes are said to go against “natural laws”—that is, against the “natural, moral, and public” principles of a society. Murder, rape, and theft are examples of mala in se crimes.

In contrast, the term mala prohibita refers to acts that are considered crimes only

because they have been codified as such through statute—“humanmade” laws. A

mala prohibita crime is considered wrong only because it has been prohibited. It is not inherently wrong, though it may reflect the moral standards of a society at a given time.

REFERENCES:                    What are the Different Categories of Crime

LEARNING OBJECTIVES:  CRIM.GAIN.15.03.02 – 03.02

KEYWORDS:                       Bloom’s: Remember

 

Chapter_05___Problems_and_Solutions_in_Modern_Policing

 

 

True / False

 

1.   When police follow high-speed pursuit guidelines, they are following a policy.

2.   a. True

3.   False

 

ANSWER:                            True

REFERENCES:                    How Do Law Enforcement Agents Use Discretion?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.01 – 05.01

KEYWORDS:                       Bloom’s: Remember

 

 

2.   Ninety­four percent of the nation’s local police departments have implemented police pursuit policies.

3.   a. True

4.   False

 

ANSWER:                            True

REFERENCES:                    How Do Law Enforcement Agents Use Discretion?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.01 – 05.01

KEYWORDS:                       Bloom’s: Remember

 

3.   The vast majority of patrol shifts are completed without a single arrest.

4.   a. True

5.   False

 

ANSWER:                            True

REFERENCES:                    How Do Police Officers Fight Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.02 – 05.02

KEYWORDS:                       Bloom’s: Remember

 

4.   The purposes of police patrols are to prevent and deter crime and also to provide social services.

5.   a. True

6.   False

 

ANSWER:                            True

REFERENCES:                    How Do Police Officers Fight Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.02 – 05.02

KEYWORDS:                       Bloom’s: Remember

 

5.   One of the most important pieces of trace evidence is ballistics.

6.   a. True

7.   False

 

ANSWER:                            False

REFERENCES:                    How Do Police Officers Fight Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.03 – 05.03

KEYWORDS:                       Bloom’s: Remember

 

6.   A cold hit is the establishment of a connection between a suspect and a crime in the absence of an ongoing criminal investigation

7.   a. True

8.   False

 

ANSWER:                            True

REFERENCES:                    How Do Police Officers Fight Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.03 – 05.03

KEYWORDS:                       Bloom’s: Remember

 

7.   Deadly force is the degree of force that is appropriate to protect the police officer or other citizens and is not excessive.

8.   a. True

9.   False

 

ANSWER:                            False

REFERENCES:                    What Are the Challenges of Being a Police Officer?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.04 – 05.04

KEYWORDS:                       Bloom’s: Remember

 

8.   According to the U.S. Supreme Court, police officers may use deadly force if they have probable cause to believe that the fleeing suspect poses a threat of serious injury or death to the officers or others.

9.   a. True

10.                False

 

ANSWER:                            True

REFERENCES:                    What Are the Challenges of Being a Police Officer?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.04 – 05.04

KEYWORDS:                       Bloom’s: Remember

 

9.   Police corruption is considered the abuse of authority by a law enforcement officer for personal gain.

10.                a. True

11.                False

 

ANSWER:                            True

REFERENCES:                    How Important is Ethics in Policing?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.05 – 05.05

KEYWORDS:                       Bloom’s: Remember

 

10.                10. The most serious police corruption occurs when police take

11.                a. True

12.                False

 

ANSWER:                            False

REFERENCES:                    How Important is Ethics in Policing?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.05 – 05.05

KEYWORDS:                       Bloom’s: Remember

 

11.                11. Police may not use discretion in cases of domestic

12.                a. True

13.                False

 

ANSWER:                            True

REFERENCES:                    How Do Law Enforcement Agents Use Discretion?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.01 – 05.01

KEYWORDS:                       Bloom’s: Remember

 

12.                12. One function of police patrols is crime

13.                a. True

14.                False

 

ANSWER:                            True

REFERENCES:                    How Do Police Officers Fight Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.02 – 05.02

KEYWORDS:                       Bloom’s: Remember

 

13.                13. The clearance rate is a measure of crimes not solved with the total number of crimes

14.                a. True

15.                False

 

ANSWER:                            False

REFERENCES:                    How Do Police Officers Fight Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.03 – 05.03

KEYWORDS:                       Bloom’s: Remember

 

14.                14. Socialization is the values and perceptions that are shared by law enforcement a. True

15.                False

 

ANSWER:                            False

REFERENCES:                    What Are the Challenges of Being a Police Officer?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.04 – 05.04

KEYWORDS:                       Bloom’s: Remember

 

15.                15. Noble cause corruption is unethical behavior by a police officer usually for personal

16.                a. True

17.                False

 

ANSWER:                            False

REFERENCES:                    How Important is Ethics in Policing?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.05 – 05.05

KEYWORDS:                       Bloom’s: Remember

 

Multiple Choice

 

16.                16. What is the type of law which provides no discretion to police on whether or not to arrest?

17.                a. domestic violence mandatory arrest law c. binding legislation d. discretionary authority

 

ANSWER:                            b

REFERENCES:                    How Do Law Enforcement Agents Use Discretion?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.01 – 05.01

KEYWORDS:                       Bloom’s: Remember

 

 

17.                17. What are police limiting when police police pursuit is allowed only in instances where the suspect is thought to have committed a serious crime?

18.                a. authority

19.                discretion

20.                c. sound judgment

21.                rights of the criminal defendant

 

ANSWER:           b

REFERENCES:  How Do Law Enforcement Agents Use Discretion?

KEYWORDS:      Bloom’s: Remember

 

18.                18. What is the organization of police departments into a hierarchical structure called?

19.                a. subculture superstructure

20.                c. bureaucracy corporation

 

ANSWER:                            c

REFERENCES:                    How Do Law Enforcement Agents Use Discretion?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.01 – 05.01

KEYWORDS:                       Bloom’s: Remember

 

19.                19. Concentrated areas of high criminal activity that draw a directed police response are called:

20.                a. hot spots directed patrol

21.                c. cold hits cold cases

 

ANSWER:                            a

REFERENCES:                    How Do Police Officers Fight Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.03 – 05.03

KEYWORDS:                       Bloom’s: Remember

 

20.                20. Arrests that come about as part of the ordinary routine of police patrol and responses to calls for service are called:

21.                a. proactive arrests reactive arrests

22.                c. community policing citizen’s arrests

 

ANSWER:           b

REFERENCES:  How Do Police Officers Fight Crime?

KEYWORDS:      Bloom’s: Remember

 

21.                21. Which of the following is NOT one of the purposes of patrol?

22.                a. The deterrence of crime by maintaining a visible police

23.                The maintenance of public order and a sense of security in the community.

24.                c. The twenty-four-hour provision of services that are not crime

25.                The prevention of crime by punishing offenders.

 

ANSWER:                            d

REFERENCES:                    How Do Police Officers Fight Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.02 – 05.02

KEYWORDS:                       Bloom’s: Remember

 

22.                22. Which of the following is a person who is involved in criminal activity and gives information about that activity and those who engage in it to the police?

23.                a. confidential informant undercover officer

24.                c. narc hot spotter

 

ANSWER:                            a

REFERENCES:                    How Do Police Officers Fight Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.02 – 05.02

KEYWORDS:                       Bloom’s: Remember

 

23.                23. According to Gay, Schell, and Schack, officers tend to spend how much of their time on patrol responding to calls for service?

24.                a. one-quarter half

25.                c. three-quarters all

 

ANSWER:                            a

REFERENCES:                    How Do Police Officers Fight Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.02 – 05.02

KEYWORDS:                       Bloom’s: Remember

 

24.                24. Which of the following type of crime tends to have the lowest clearance rates by law enforcement?

25.                a. violent crimes sexually based crimes

26.                c. property crimes juvenile crimes

 

ANSWER:                            c

REFERENCES:                    How Do Police Officers Fight Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.02 – 05.02

KEYWORDS:                       Bloom’s: Remember

 

25.                25. Criminal investigations that are not cleared after a certain amount of time are called:

26.                a. old cases cold cases

27.                c. closed cases cleared cases

 

ANSWER:                            b

REFERENCES:                    How Do Police Officers Fight Crime?

LEARNING OBJECTIVES:  CRIM.GAIN.15.05.03 – 05.03

KEYWORDS:                       Bloom’s: Remember