Criminal Justice in Action The Core 8th Edition by Gaines – Test Bank
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Sample Test
Chapter 03
1.
2. The is
the supreme law of the land, and as such is the basis of all law in the United
1. Declaration
of Independence
2. S.
Penal Code
3. S.
Constitution
4. Case
law of the S. Supreme Court
ANSWER: c
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
3. The
Fourteenth Amendment is an example of a(n):
1. constitutional
2. statutory
3. administrative
4. case
ANSWER: a
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
4. Laws
enacted by legislative bodies at any level of government make up a source of
law, which is generally referred to as:
1. administrative
b. case law.
2. constitutional
law. d. statutory law.
ANSWER: d
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
5. Texas
laws, such as making the theft of cattle a felony, are examples of:
1. constitutional
2. statutory
3. administrative
4. case
ANSWER: b
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
6. The
term “judgemade” law is synonymous with:
1. administrative
b. case law.
2. constitutional
law. d. statutory law.
ANSWER: b
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
7. A
federal judge overturns a Nebraska state law making it a crime for sex
offenders to use social This is an example of a(n):
1. constitutional
2. statutory
3. administrative
4. case
ANSWER: d
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
8. The
rules, orders, and decisions of regulatory agencies make up:
1. administrative
b. case law.
2. constitutional
law. d. statutory law.
ANSWER: a
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
9. The
federal Environmental Protection Agencies regulations are examples of:
1. constitutional
2. statutory
3. administrative
4. case
ANSWER: c
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
10.
Court decisions that provide guidance in interpreting the law
are called:
1. procedural
b. benchmarks.
2. precedents.
d. baselines.
ANSWER: c
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
11.
The social function of the law includes the concepts of:
1. protecting
individual rights and teaching societal
2. protecting
individual rights and punishing
3. expressing
public morality and teaching societal
4. expressing
public morality and punishing
ANSWER: c
REFERENCES: The
Purposes of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.02 –
Explain the two basic functions of criminal law.
KEYWORDS: Blooms:
Remember
12.
Law may be broken down according to various Which of the
following is not one of these classifications?
1. civil
law and criminal law felonies and misdemeanors
2. mala
in se and mala
prohibita d. tort crimes and civil crimes
ANSWER: d
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
13.
Civil law is concerned with:
1. teaching
appropriate
2. maintaining
public
3. offenses
against society as a
4. rights
and duties between
ANSWER: d
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
14.
The remedy for a violation of civil law is:
1. monetary
damages awarded to the
2. probation
up to 5
3. a
fine paid to the state or
4. incarceration
up to 1
ANSWER: a
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
15.
What is the burden of proof necessary to win a civil trial?
1. clear
and convincing evidence probable cause
2. preponderance
of evidence d. proof beyond a reasonable doubt
ANSWER: c
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
16.
In a criminal case, the burden of proof is:
1. beyond
a reasonable doubt preponderance of the evidence
2. beyond
a shadow of doubt d. by clear and convincing evidence
ANSWER: a
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
17.
In a civil case, the injured party is called the:
1. b.
defendant.
2. prosecutor.
d. state.
ANSWER: a
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
18.
Crimes punishable by death or imprisonment in a federal or state
penitentiary for 1 year or longer are called:
1. b.
gross misdemeanors.
2. misdemeanors.
d. petty misdemeanors.
ANSWER: a
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
19.
What degree of felony carries the maximum penalty of death?
1. capital
b. first degree felonies.
2. second
degree felonies. d. third degree felonies.
ANSWER: a
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
20.
Misdemeanors are punishable by a fine or by confinement up to:
1. 1 b.
5 years.
2. 10
years. d. life imprisonment.
ANSWER: a
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
21.
are offenses punishable by 30 days to a year in
1. Gross
misdemeanors Third degree felonies
2. Violations
d. Petty misdemeanors
ANSWER: a
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
22.
The least serious form of wrongdoings are often called:
1. petty
2. gross
3.
4. petty
ANSWER: c
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
23.
As a circumstance of murder, means that the offender
considered the crime
1. deliberation
passion
2. premeditation
d. spontaneity
ANSWER: c
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
24.
Which category of murder occurs when the victim provoked the
offender to act violently?
1. first
degree murder second degree murder
2. voluntary
manslaughter d. involuntary manslaughter
ANSWER: c
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
25.
A homicide that results from the offender’s carelessness, but
occurs when the offender lacks intent is classified as:
1. first
degree b. second degree murder.
2. voluntary
manslaughter. d. involuntary manslaughter.
ANSWER: d
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
26.
is the state of being aware that a risk does or will exist and
nevertheless acting in a way that consciously disregards this
1. Recklessness
2. Negligence
3. Premeditation
4. Carelessness
ANSWER: a
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
27.
The term mala
prohibita refers to:
1. an
act that would be wrong even if no law prohibited
2. a
violation of natural
3. a
“humanmade”
4. an
act that goes against the public
ANSWER: c
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
28.
Murder, rape, and theft are examples of
1. mala
in se mala prohibita
2. premeditated
d. deliberate
ANSWER: a
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
29.
Which of the following is NOT a basic element of corpus delicti?
1. actus reus
2. mala
in se
3. mens rea
4. concurrence,
or coming together of the criminal act and guilty mind
ANSWER: b
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
30.
What is the term that means that the guilty act and the guilty
intent occur together?
1. causation
attendant circumstances
2. concurrence
d. harm
ANSWER: c
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
31.
A wrongful mental state, or intent, is known as:
1. actus b. mala in se.
2. mens rea. d. concurrence.
ANSWER: c
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
32.
The guilty act in a criminal offense is referred to as:
1. actus b. mens rea.
2. corpus delicti. d. habeas corpus.
ANSWER: a
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
33.
As discussed in the textbook, corpus delicti refers to:
1. the
dead body at the scene of a b. the element of criminal intent.
2. the
basic elements of a crime. d. the criminal act.
ANSWER: c
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
34.
Strict liability is inconsistent with the general principles of
criminal law because is
1. mens rea actus reus
2. causation
d. concurrence
ANSWER: a
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
35.
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:
1. b.
first degree homicide.
2. strict
liability. d. manslaughter.
ANSWER: c
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
36.
The facts surrounding an underlying crime are referred to as:
1. b.
attendant circumstances.
2. concurrence.
d. harm.
ANSWER: b
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
37.
What is the defense for criminal liability 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?
1. duress
insanity
2. entrapment
d. mistake
ANSWER: b
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.05 –
List and briefly define the most important excuse defenses for crimes.
KEYWORDS: Blooms:
Remember
38.
A common law test of criminal responsibility that relies on the
defendant’s inability to distinguish right from wrong is the:
1. Durham
b. irresistible-impulse test
2. M’Naghten
rule. d. substantial capacity test.
ANSWER: c
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.05 –
List and briefly define the most important excuse defenses for crimes.
KEYWORDS: Blooms:
Remember
39.
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:
1. never
accepted in
2. a
good defense if the intoxication was
3. a
good defense if the intoxication was
4. not
allowed in felony court but is sometimes allowed in misdemeanor
ANSWER: c
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.05 –
List and briefly define the most important excuse defenses for crimes.
KEYWORDS: Blooms:
Remember
40.
Which of the following is NOT an excuse defense?
1. mistake
infancy
2. insanity
d. necessity
ANSWER: d
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.05 –
List and briefly define the most important excuse defenses for crimes.
KEYWORDS: Blooms:
Remember
41.
When the wrongful threat of one person induces another person to
perform an act that he or she would otherwise not perform,
1. duress
entrapment
2. necessity
d. self-defense
ANSWER: a
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.07 –
Describe the four most important justification criminal defenses.
KEYWORDS: Blooms:
Remember
42.
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 This is an example of:
1.
2.
3. mistake
of
4. mistake
of
ANSWER: a
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.07 –
Describe the four most important justification criminal defenses.
KEYWORDS: Blooms:
Understand
43.
The Fourth Amendment protects against:
1. excessive
b. excessive fines.
2. cruel
and unusual punishment. d. unreasonable searches.
ANSWER: d
REFERENCES: Procedural
Safeguards
LEARNING OBJECTIVES: CJIA.GAMI.16.03.08 –
Explain the importance of the due process clause in the criminal justice
system.
KEYWORDS: Blooms:
Remember
44.
This form of due process requires laws to be carried out in a
fair and orderly
1. legislative
due process procedural due process
2. relative
due process d. substantive due process
ANSWER: b
REFERENCES: Procedural
Safeguards
LEARNING OBJECTIVES: CJIA.GAMI.16.03.08 –
Explain the importance of the due process clause in the criminal justice
system.
KEYWORDS: Blooms:
Remember
45.
In , the S. Supreme Court ruled that confessions of
suspects not notified of due process rights are invalid.
1. In re
Gault
2. Mapp Ohio
3. Gideon Wainwright
4. Miranda Arizona
ANSWER: d
REFERENCES: Procedural
Safeguards
LEARNING OBJECTIVES: CJIA.GAMI.16.03.08 –
Explain the importance of the due process clause in the criminal justice
system.
KEYWORDS: Blooms:
Remember
Case 3-1
Johnny and Martin are in a bar drinking beer and talking. Sharon
walks in and starts talking to Johnny. Martin gets jealous because he was
engaged to be married to Sharon and they only recently broke up. Martin gets so
mad that he starts to yell at Johnny. He then swings at Johnny and misses.
Martin falls to the ground and passes out. Johnny gets so mad that he stabs
Martin in the back and kills him.
46.
Martin’s family believes that Johnny should be held responsible
for this They request monetary damages to
compensate for the wrong that has been committed. What type of
law covers this request?
1. administrative
law
2. case
law
3. civil
law
4. criminal
law
ANSWER: c
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Understand
47.
If the above case would make it to court, which party would be
the plaintiff?
1. the
bar owner
2. Johnny
3. Martin’s
family
4. Sharon
ANSWER: c
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Understand
48.
What standard of proof would be required in the above case?
1. beyond
a reasonable doubt
2. preponderance
of the evidence
3. beyond
a shadow of a doubt
4. clear
and convincing evidence
ANSWER: b
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Understand
49.
If state prosecutors decide to file charges against Johnny, what
crime classification would the charge fall under?
1. felony
2. gross
misdemeanor
3. petty
misdemeanor
4. infraction
ANSWER: a
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Understand
50.
Prosecutors would need to prove that Johnny actually committed
the guilty act of stabbing This is known as the:
1. actus
2. mens
3. mala
in
4. mala
ANSWER: a
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
Case 3-2
Mr. Thomas is a criminal defense attorney. Peter contacts Mr.
Thomas and tells him that he thinks he may have committed a crime but he is not
sure. Mr. Thomas asks Peter a few questions but Peter refuses to answer any
questions over the phone. Mr. Thomas tells Peter to come to his office for a
consultation and he will provide legal advice if Peter decides to retain Mr.
Thomas as his attorney.
51.
Peter goes to see Thomas in his office. He explains to Mr.
Thomas that he had been seeing a girl who said that she was 19. She is really
14. Peter is 22. Peter explains that they had sexual relations on a few
occasions. Mr. Thomas explains to Peter that he can still be found guilty, even
though he did not have intent to commit a crime. What type of crime is this?
1. hate
crime
2. negligence
3. strict
liability
4. inchoate
ANSWER: c
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Understand
52.
What crime is Peter guilty of?
1. felony
murder
2. hate
crime
3. infanticide
4. statutory
rape
ANSWER: d
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.05 –
List and briefly define the most important excuse defenses for crimes.
KEYWORDS: Blooms:
Understand
53.
After speaking with Peter for some time, Thomas believes that
something is wrong with Peter. Mr. Thomas believes that Peter is either
slightly mentally retarded or possibly mentally ill. He thinks that if Peter is
charged with a crime the court will need to conduct a hearing to determine
whether Peter is mentally well enough to understand the charges filed against
him. What type of hearing is this?
1. arraignment
2. competency
3. preliminary
4. sentencing
ANSWER: b
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.05 –
List and briefly define the most important excuse defenses for crimes.
KEYWORDS: Blooms:
Understand
54.
Peter believes that his crime was justified because his
girlfriend deceived him when she told him she was What legal justification
defense does Peter possibly have?
1. duress
2. entrapment
3. necessity
4. none
of these
ANSWER: d
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.07 –
Describe the four most important justification criminal defenses.
KEYWORDS: Blooms:
Understand
55.
Peter wants to hire Thomas but does not have any money. Mr.
Thomas explains to Peter that if he is arrested and charged with a crime, he
has a right to a lawyer at various stages of criminal proceedings. Which
amendment gives Peter this protection?
1. Fourth
Amendment
2. Fifth
Amendment
3. Sixth
Amendment
4. Eighth
Amendment
ANSWER: c
REFERENCES: Procedural
Safeguards
LEARNING OBJECTIVES: CJIA.GAMI.16.03.08 –
Explain the importance of the due process clause in the criminal justice
system.
KEYWORDS: Blooms:
Understand
56.
The S. Constitution is the supreme law of the land and as such,
it is the basis of all law in the United States.
1. True
2. False
ANSWER: True
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
57.
A state statute applies only within that state’s
1. True
2. False
ANSWER: True
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
58.
State law prevails whenever it is in conflict with federal
1. True
2. False
ANSWER: False
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
59.
Case law relies on how courts interpret a
1. True
2. False
ANSWER: True
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
60.
Criminal law has one primary function: to express public
1. True
2. False
ANSWER: False
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
61.
Society’s views on morality, which are reflected as laws, are
stable and unchanging over
1. True
2. False
ANSWER: False
REFERENCES: The
Purposes of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.02 –
Explain the two basic functions of criminal law.
KEYWORDS: Blooms:
Remember
62.
Traffic laws reflect the teaching function of the
1. True
2. False
ANSWER: True
REFERENCES: The
Purposes of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.02 –
Explain the two basic functions of criminal law.
KEYWORDS: Blooms:
Remember
63.
Proceedings in civil court are normally initiated by the
1. True
2. False
ANSWER: True
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
64.
In a criminal case, the wrongful act is the violation of a
statute that prohibits some type of
1. True
2. False
ANSWER: True
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
65.
In a civil court, the court is concerned with private and public
1. True
2. False
ANSWER: True
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 – Discuss
the primary goals of civil law and criminal law and explain how these goals are
realized.
KEYWORDS: Blooms:
Remember
66.
Most criminal cases involve a request for monetary damages in
recognition that a wrong has been
1. True
2. False
ANSWER: False
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
67.
The accused party in both criminal and civil cases is known as
the
1. True
2. False
ANSWER: True
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
68.
Criminal law concerns offenses that are against the society as a
1. True
2. False
ANSWER: True
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
69.
Third degree felonies are punishable by a maximum penalty of
life
1. True
2. False
ANSWER: False
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
70.
Murder is a mala
in se
1. True
2. False
ANSWER: True
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
71.
Actus reus refers
to guilty intent as an element of a
1. True
2. False
ANSWER: False
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
72.
An inchoate offense is an attempted or incomplete
1. True
2. False
ANSWER: True
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
73.
Defendants who are found “guilty but mentally ill” do not serve
criminal
1. True
2. False
ANSWER: False
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
74.
With the creation of the juvenile justice system in the early
1900s, the infancy defense became
1. True
2. False
ANSWER: True
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.05 –
List and briefly define the most important excuse defenses for crimes.
KEYWORDS: Blooms:
Remember
75.
Involuntary intoxication is a valid criminal
1. True
2. False
ANSWER: True
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.05 –
List and briefly define the most important excuse defenses for crimes.
KEYWORDS: Blooms:
Remember
76.
Duress, self-defense, entrapment, and necessity are examples of
excuse
1. True
2. False
ANSWER: False
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.05 –
List and briefly define the most important excuse defenses for crimes.
KEYWORDS: Blooms:
Remember
77.
Entrapment is a justification defense in which the offender
claims that he or she was induced to commit the crime by a public
1. True
2. False
ANSWER: True
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.07 –
Describe the four most important justification criminal defenses.
KEYWORDS: Blooms:
Remember
78.
Procedural criminal law defines the acts that the government
will
1. True
2. False
ANSWER: False
REFERENCES: Procedural
Safeguards
LEARNING OBJECTIVES: CJIA.GAMI.16.03.08 –
Explain the importance of the due process clause in the criminal justice system.
KEYWORDS: Blooms:
Remember
79.
Due process is addressed in the Fifth and Fourteenth Amendments
to the
1. True
2. False
ANSWER: True
REFERENCES: Procedural
Safeguards
LEARNING OBJECTIVES: CJIA.GAMI.16.03.08 –
Explain the importance of the due process clause in the criminal justice
system.
KEYWORDS: Blooms:
Remember
80.
Legally a victim has no role in the prosecution of an
1. True
2. False
ANSWER: True
REFERENCES: Procedural
Safeguards
LEARNING OBJECTIVES: CJIA.GAMI.16.03.08 –
Explain the importance of the due process clause in the criminal justice
system.
KEYWORDS: Blooms:
Remember
81.
is the body of law enacted by legislative
ANSWER: Statutory
law
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
82.
A is a procedure through which the citizens of a
state, by collecting enough signatures, can force a public vote on a proposed
change to a state
ANSWER: ballot
initiative
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
83.
Thanks to the of the Constitution, federal law will
almost always
ANSWER: Supremacy
Clause
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
84.
consists of the rules, orders, and decisions of regulatory
ANSWER: Administrative
law
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Remember
85.
All law can be divided into two categories: civil law and .
ANSWER: criminal
law
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
86.
__________ are private
ANSWER: Torts
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
87.
The burden of proof in the American criminal court system is .
ANSWER: beyond
a reasonable doubt
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
88.
have a maximum penalty of
ANSWER: Capital
offenses
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
89.
refers to acts that are considered crimes only because they have
been codified as such through
ANSWER: Mala
prohibita
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
90.
Criminal law requires that the or “the body of the
crime” be proved before a person
can be convicted of wrongdoing.
ANSWER: corpus
delicti
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
91.
In a civil court, the legal responsibility for one’s own or
another’s actions is called .
ANSWER: liability
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Remember
92.
A failure to exercise the standard of care that a reasonable
person would exercise in similar circumstances is
____________________.
ANSWER: negligence
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
93.
Offenses punishable by 30 days to a year in jail are .
ANSWER: gross
misdemeanors
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
94.
is a negligent homicide, in which the offender had no intent to
kill the
ANSWER: Involuntary
manslaughter
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
95.
Strict liability crimes hold the defendant to be guilty even if
the to commit the offense is
ANSWER: intent
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
96.
Felony-murder is a form of murder that applies when
a person participates in any of a list of serious felonies that results in the
unlawful killing of a human
ANSWER: first
degree
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
97.
means that the guilty act and the guilty intent must occur
ANSWER: Concurrence
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
98.
occurs when the intent to kill may be present but malice is
ANSWER: Voluntary
manslaughter
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
99.
Crimes motivated by bias against an individual or a group based
on race, ethnicity, religion, gender, sexual orientation, disability, or age
are considered .
ANSWER: hate
crimes
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
100.
is a
defense for criminal liability that asserts a lack of criminal responsibility
due to mental
ANSWER: Insanity
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Remember
101.
Ordinarily, ignorance of the law, or , is not a
valid criminal
ANSWER: mistake
of law
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.05 –
List and briefly define the most important excuse defenses for crimes.
KEYWORDS: Blooms:
Remember
102.
The is the requirement that a person claiming
self-defense prove that she or he took reasonable steps to avoid the conflict that
resulted in the use of deadly
ANSWER: duty
to retreat
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.07 –
Describe the four most important justification criminal defenses.
KEYWORDS: Blooms:
Remember
103.
Deadly force can be used in self-defense if there is a that
imminent death or bodily harm will otherwise result, if the attacker is using
unlawful
ANSWER: reasonable
belief
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.07 –
Describe the four most important justification criminal defenses.
KEYWORDS: Blooms:
Remember
104.
The and Amendments require that no one
can be deprived of life, liberty, or property without due process of
ANSWER: Fifth;
Fourteenth
REFERENCES: Procedural
Safeguards
LEARNING OBJECTIVES: CJIA.GAMI.16.03.08 –
Explain the importance of the due process clause in the criminal justice
system.
KEYWORDS: Blooms:
Remember
105.
The Amendment guarantees that no person can be
required to be a victim against himself or
ANSWER: Fifth
REFERENCES: Procedural
Safeguards
LEARNING OBJECTIVES: CJIA.GAMI.16.03.08 –
Explain the importance of the due process clause in the criminal justice
system.
KEYWORDS: Blooms:
Remember
106.
due process is the constitutional requirement that laws used in
accusing and convicting persons of crimes must be
ANSWER: Substantive
REFERENCES: Procedural
Safeguards
LEARNING OBJECTIVES: CJIA.GAMI.16.03.08 –
Explain the importance of the due process clause in the criminal justice
system.
KEYWORDS: Blooms:
Remember
107.
Identify and discuss the four written sources of American
criminal
The U.S. Constitution and the constitution of the various states
is Constitutional
ANSWER:
- 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 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 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
REFERENCES: Written
Sources of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.01 –
List the four written sources of American criminal law.
KEYWORDS: Blooms:
Understand
108.
Discuss the purposes of criminal
ANSWER: o
Criminal law has two main functions:
one relates to the legal requirements of society and the other
pertains to
- society’s
need to maintain and promote social
The primary legal function of criminal law is to maintain social
order by
- protecting
citizens from criminal This harm can be to individual’s physical safety
and properly in addition to harm to society’s interests collectively.
Criminal law also has a social function, which includes
reflecting the values and
- norms
of society as well as teaching social
REFERENCES: The
Purposes of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.02 –
Explain the two basic functions of criminal law.
KEYWORDS: Blooms:
Understand
109.
Explain the categories of “criminal ”
ANSWER: harm
to individual citizens’ physical safety and property, such as the harm
caused by murder, theft, or arson
harms to society’s interests collectively, such as the harm
caused by unsafe foods or consumer products, a polluted environment, or poorly
constructed buildings
REFERENCES: The
Purposes of Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.02 –
Explain the two basic functions of criminal law.
KEYWORDS: Blooms:
Understand
110.
Discuss the differences between civil law and criminal
ANSWER: o
All law can be divided into two categories, civil law and criminal law.
- They
are distinguished by their
The criminal justice system is concerned with protecting society
from harm by preventing and prosecuting crimes. The government is responsible
for
prosecuting a person who commits a criminal act. The accused
person is the
- party
who The standard of proof is beyond a reasonable doubt and the remedy
available to the victim is punishment of the offender, through a fine,
incarceration, or probation.
Civil law, which includes all types of law other than criminal
law, is concerned
- with
disputes between private individuals and between
Civil lawsuits are initiated by an individual or corporation who
is injured by a private wrong. These individuals are called plaintiffs. The
party who responds is
- the
person who caused the alleged The standard of proof in a civil case is
preponderance of the evidence. The remedy is usually financial
compensation for the harm caused to the plaintiff.
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Understand
111.
Describe felonies and misdemeanors and discuss the differences
between the
Crimes are either classified as felonies or misdemeanors based
on their
ANSWER:
Felonies are serious crimes punishable by death or by
imprisonment in a
- penitentiary
for 1 year or
The Model Penal Code mentions four degrees of felonies that
include capital offenses, first degree felonies, second degree felonies, and
third degree felonies.
Capital offenses may result in the penalty of death. First
degree felonies are
- punishable
by a maximum penalty of life Second degree felonies
are punishable by a maximum of 10 years’ imprisonment and third
degree felonies by a maximum of 5 years’ imprisonment.
- Murder
is the most well-known
Misdemeanors are crimes punishable by a fine or confinement for
up to 1 year.
- The
offender will serve the time in a local
- Common
misdemeanors are disorderly conduct and
- Misdemeanors
can also be classified as gross or
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Understand
112.
Explain the difference between crimes that are mala in se and
crimes that are mala
prohibita.
Mala in se is considered wrong even if
there is no law prohibiting it; this type of
ANSWER:
- 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—“humanmade laws”; definitions of these
crimes vary among societies.
REFERENCES: Classification
of Crimes
LEARNING OBJECTIVES: CJIA.GAMI.16.03.03 –
Discuss the primary goals of civil law and criminal law and explain how these
goals are realized.
KEYWORDS: Blooms:
Understand
113.
Explain the difference between first and second degree
ANSWER: First
degree murder is premeditated and deliberate, meaning it was planned.
Second degree murder occurs when no premeditation or
deliberation was present, but the offender did have malice aforethought; the
offender acted with wanton disregard for the consequences of his or her
actions.
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Understand
114.
Explain how the doctrine of strict liability applies to criminal
o In certain cases, the law holds the
defendant to be guilty even if criminal intent to
ANSWER:
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
o protect the public by eliminating the
possibility that the offender may try to absolve him or herself of criminal
culpability.
o Most strict liability offenses involve
endangering the public welfare in some way.
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Understand
115.
Discuss the most important excuse
In certain circumstances, the law recognizes that society will
not punish the
ANSWER:
- actor
because he or she does not have the requisite mental
Essentially, the law excuses the person for his or her behavior.
The most important excuse defenses today are insanity,
intoxication, and
Insanity is a defense that asserts a lack of criminal
responsibility due to mental
- Mental
disease or defect is ultimately the cause of
There is a lack of consensus in which tests utilized by the
criminal justice
- system
accurately determines The common tests are the M’Naghten
rule, the ALI/MPC test, and the irresistible-impulse test
A more common classification used is the guilty but mentally ill
statute, which
- allows
a jury to convict a defendant with mental illness and he or she will
usually spend time in a psychiatric hospital and
- The
insanity defense is rarely used and when used is not very
Intoxication is when the defendant claims that the taking of
intoxicants rendered him or her unable to form the requisite intent to commit a
criminal act.
Involuntary intoxication is a viable defense because someone is
forced to ingest
- a
substance and is unaware that the substance contains drugs or Voluntary
intoxication is not a defense but can be used to show that the defendant
was negated.
Mistake as a defense can either be a mistake of law or a mistake
of fact.
Mistake of law is used when someone can claim that they honestly
did not
- know
that they were breaking the However, the law must not have been published
or known to the public. Also, if a person relied on an official statement
of the law, there is a mistake of law.
Mistake of fact operates as a defense if it negates the mental
state necessary
- to
commit a
REFERENCES: The
Elements of a Crime
LEARNING OBJECTIVES: CJIA.GAMI.16.03.04 –
Delineate the elements required to establish mens rea (a guilty mental state).
KEYWORDS: Blooms:
Understand
116.
Explain under which circumstances intoxication can be a valid
Give an example.
ANSWER: when
the intoxication was involuntary
example: putting drugs in drinks without the knowledge of the
victim
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.05 –
List and briefly define the most important excuse defenses for crimes.
KEYWORDS: Blooms:
Understand
117.
Consider the following example: Johnny mistakenly walks off with
Jenny’s suitcase because he thought it was
Which defense could Johnny use against theft charges and why
would that be a valid defense?
ANSWER: mistake
of fact
theft requires knowledge that the property belongs to another
person Johnny did not know that the suitcase was not his
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.05 –
List and briefly define the most important excuse defenses for crimes.
KEYWORDS: Blooms:
Understand
118.
Discuss the justification defenses of duress, self-defense,
necessity, and Describe a situation in which each defense may be used.
ANSWER:
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
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
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 from 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
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.07 –
Describe the four most important justification criminal defenses.
KEYWORDS: Blooms:
Understand
119.
List the requirements of a duress
ANSWER: the
threat must be of serious bodily harm or death
the harm threatened must be greater than the harm caused by the
crime the threat must be inescapable and immediate
the defendant must have become involved in the situation through
no fault of his or her own
REFERENCES: Defenses
Under Criminal Law
LEARNING OBJECTIVES: CJIA.GAMI.16.03.07 –
Describe the four most important justification criminal defenses.
KEYWORDS: Blooms:
Remember
120.
Explain the importance of the due process clause in the
ANSWER: ο
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
- There
are two types of due process: procedural due process and substantive due
REFERENCES: Procedural
Safeguards
LEARNING OBJECTIVES: CJIA.GAMI.16.03.08 –
Explain the importance of the due process clause in the criminal justice
system.
KEYWORDS: Blooms:
Understand
121.
Compare substantive due process with procedural due
Procedural due process is a provision in the Constitution that
states that the law
ANSWER:
- must
be carried out in a fair and orderly
Certain procedures must be followed in administering and
executing a law to
- ensure
that basic freedoms are not
An example of procedural due process is the safeguards that have
been built into
- the
imposition of capital
Substantive due process is the constitutional requirement that
laws used in
- accusing
and convicting persons of crimes must be
REFERENCES: Procedural
Safeguards
LEARNING OBJECTIVES: CJIA.GAMI.16.03.08 –
Explain the importance of the due process clause in the criminal justice system.
KEYWORDS: Blooms:
Understand
Chapter 05
1.
2. A
hierarchically structured administrative organization that carries out specific
functions is a:
1. b.
delegation.
2. chain
of command. d. strategy.
ANSWER: a
POINTS:
1
REFERENCES: Police
Organization and Field Operations
LEARNING OBJECTIVES: CJIA.GAMI.16.05.01 –
List the three primary purposes of police patrol.
KEYWORDS: Blooms:
Remember
3. What
is the ultimate goal of a bureaucratic organization, such as a police
department?
1. administration
development efficiency
2. low
employee turnover d. work satisfaction for the employee
ANSWER: b
POINTS:
1
REFERENCES: Police
Organization and Field Operations
LEARNING OBJECTIVES: CJIA.GAMI.16.05.01 –
List the three primary purposes of police patrol.
KEYWORDS: Blooms:
Remember
4. What
is the smallest stretch of area that a police officer or group of police
officers regularly patrol?
1. beat
district
2. station
d. zone
ANSWER: a
POINTS:
1
REFERENCES: Police
Organization and Field Operations
LEARNING OBJECTIVES: CJIA.GAMI.16.05.01 –
List the three primary purposes of police patrol.
KEYWORDS: Blooms:
Remember
5. Which
of the following is NOT a
purpose of police patrol listed in the text?
1. deterrence
of crime
2. maintenance
of public order
3. improvement
of public attitudes toward the police
4. provision
of services that are not crime related
ANSWER: c
POINTS:
1
REFERENCES: Police
Organization and Field Operations
LEARNING OBJECTIVES: CJIA.GAMI.16.05.01 –
List the three primary purposes of police patrol.
KEYWORDS: Blooms:
Remember
6. The
majority of a patrol officer’s time is spent on:
1. preventive
b. calls for service.
2. administrative
duties. d. officer-initiated activities.
ANSWER: a
POINTS:
1
REFERENCES: Police
Organization and Field Operations
LEARNING OBJECTIVES: CJIA.GAMI.16.05.01 –
List the three primary purposes of police patrol.
KEYWORDS: Blooms:
Remember
7. Paperwork
takes up to of a patrol officer’s a.
20% b. 40%
8. 60%
d. 80%
ANSWER: a
POINTS:
1
REFERENCES: Police
Organization and Field Operations
LEARNING OBJECTIVES: CJIA.GAMI.16.05.01 –
List the three primary purposes of police patrol.
KEYWORDS: Blooms:
Remember
8. Studies
have suggested that only calls to the police involve the report of
criminal
1. one
in two
2. one
in three
3. one
in four
4. one
in five
ANSWER: d
POINTS:
1
REFERENCES: Police
Organization and Field Operations
LEARNING OBJECTIVES: CJIA.GAMI.16.05.01 –
List the three primary purposes of police patrol.
KEYWORDS: Blooms:
Remember
9. After
a crime has been committed and the patrol officer has gathered preliminary
information from a crime scene, the responsibility of identifying the offender
is delegated to the:
1. b.
internal affairs unit.
2. patrol
officer. d. police chief.
ANSWER: a
POINTS:
1
REFERENCES: Police
Organization and Field Operations
LEARNING OBJECTIVES: CJIA.GAMI.16.05.01 –
List the three primary purposes of police patrol.
KEYWORDS: Blooms:
Remember
10.
The most common way for someone to become a detective is to:
1. attend
graduate school in criminal
2. attend
specialized training in the
3. earn
an undergraduate college
4. be
promoted from patrol
ANSWER: d
POINTS:
1
REFERENCES: Police
Organization and Field Operations
LEARNING OBJECTIVES: CJIA.GAMI.16.05.01 –
List the three primary purposes of police patrol.
KEYWORDS: Blooms:
Remember
11.
Aggressive investigation strategies include:
1. b.
undercover operations.
2. roadblocks.
d. increased patrol of hot spots.
ANSWER: b
POINTS:
1
REFERENCES: Police
Organization and Field Operations
LEARNING OBJECTIVES: CJIA.GAMI.16.05.02 –
Indicate some investigation strategies that are considered aggressive.
KEYWORDS: Blooms:
Remember
12.
Because of , police officers are limited in what
they can do to convince the target of an undercover operation to participate in
an illegal
1. duress
entrapment
2. necessity
d. self-defense
ANSWER: b
POINTS:
1
REFERENCES: Police
Organization and Field Operations
LEARNING OBJECTIVES: CJIA.GAMI.16.05.02 –
Indicate some investigation strategies that are considered aggressive.
KEYWORDS: Blooms:
Remember
13.
Today, most undercover officers are used to infiltrate
large-scale
1. burglary
car theft
2. narcotics
d. serial killer
ANSWER: c
POINTS:
1
REFERENCES: Police
Organization and Field Operations
LEARNING OBJECTIVES: CJIA.GAMI.16.05.02 –
Indicate some investigation strategies that are considered aggressive.
KEYWORDS: Blooms:
Remember
14.
tThe term “clearance rate” refers to:
1. the
percentage of reported
2. the
percentage of crimes that result in arrest and
3. the
percentage of crimes that result in a criminal
4. the
percentage of stolen goods that are returned to victims of
ANSWER: b
POINTS:
1
REFERENCES: Police
Organization and Field Operations
LEARNING OBJECTIVES: CJIA.GAMI.16.05.02 –
Indicate some investigation strategies that are considered aggressive.
KEYWORDS: Blooms:
Remember
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