Criminal Justice in America 6th international Edition By George F. Cole – test Bank
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TEST BANK
Chapter 3
Criminal Justice and the Rule of Law
MULTIPLE CHOICE
1. If
victims wish to recoup their losses following a crime, they must rely on:
|
a. |
substantive criminal law |
|
b. |
procedural criminal law |
|
c. |
real estate law |
|
d. |
civil law |
|
e. |
cooperative law |
ANS:
D
REF: Page 69
OBJ: 3-1
2. The
definitions of crimes and people eligible for punishment are spelled out in:
|
a. |
procedural criminal law |
|
b. |
substantive criminal law |
|
c. |
constitutional criminal law |
|
d. |
fundamental criminal law |
|
e. |
administrative criminal law |
ANS:
B
REF: Page 69
OBJ: 3-2
3. Which
of the following indicates that for a crime to occur, there must be an act of
commission or omission by the accused?
|
a. |
mens rea |
|
b. |
inchoate offense |
|
c. |
Defamation |
|
d. |
actus reus |
|
e. |
Concurrence |
ANS:
D
REF: Page 70
OBJ: 3-2
4. A
guilty or blameworthy state of mind describes the element of:
|
a. |
mens rea |
|
b. |
inchoate offense |
|
c. |
defamation |
|
d. |
actus reus |
|
e. |
Causation |
ANS:
A
REF: Page 71
OBJ: 3-2
5. The elements
of a crime consist of:
|
a. |
actus reus, inchoate offense, and
concurrence |
|
b. |
mens rea, actus rea, and punishment |
|
c. |
attendant circumstances, mens rea, and
actus reus |
|
d. |
actus reus, causation, and inchoate
offense |
|
e. |
mens rea, inchoate offense, and
legality |
ANS:
C
REF: Page 72
OBJ: 3-2
6. Which
of the following terms is used to distinguish murder from manslaughter?
|
a. |
degree of harm |
|
b. |
malice aforethought |
|
c. |
criminal negligence |
|
d. |
personal responsibility |
|
e. |
actus reus |
ANS:
B
REF: Page 72
OBJ: 3-2
7. Entrapment
occurs when:
|
a. |
the accused claims mental illness |
|
b. |
the accused acts in self-defense |
|
c. |
the accused must commit the act to
survive |
|
d. |
the accused is lured into crime by the
police |
|
e. |
the accused is intoxicated |
ANS:
D
REF: Page 75
OBJ: 3-2
8. Lack
of intent can be demonstrated by proving the occurrence of which of the
following?
|
a. |
actus reus |
|
b. |
mens rea |
|
c. |
entrapment |
|
d. |
Insanity |
|
e. |
Duress |
ANS:
C
REF: Page 75
OBJ: 3-2
9. What
distinguishes the defense of self-defense from the defense of necessity?
|
a. |
Necessity occurs when an individual
must harm an aggressor to ward off an attack. For self-defense, this is not
the case. |
|
b. |
Necessity occurs when an offender has
an incompetent attorney. For self-defense, this is not the case. |
|
c. |
Necessity occurs when an offender is tricked
into committing a crime. For self-defense, this is not the case. |
|
d. |
Necessity occurs when an offender must
break the law in order to save themselves. For self-defense, this is not the
case. |
|
e. |
Necessity and self-defense are the same
thing. |
ANS:
D
REF: Page 77
OBJ: 3-2
10.
In 2005, some survivors of Hurricane Katrina illegally entered
closed grocery stores to take food. These survivors may argue they are
not guilty using the defense of:
|
a. |
entrapment |
|
b. |
self-defense |
|
c. |
mistake of fact |
|
d. |
immaturity |
|
e. |
necessity |
ANS:
E
REF: Page 77
OBJ: 3-2
11.
Which of the following statements about the insanity defense is
TRUE?
|
a. |
A large number of criminals escape punishment
using the insanity defense. |
|
b. |
Every state in the U.S. has an option
for defendants to claim insanity. |
|
c. |
The insanity defense is rarely used by
defendants. |
|
d. |
The American criminal system has banned
the use of the insanity defense. |
|
e. |
Defendants who claim insanity must be
incarcerated in prisons rather than mental hospitals. |
ANS:
C
REF: Page 78
OBJ: 3-2
12.
The idea that an accused cannot be criminally responsible if the
crime was the result of mental disease or mental defect is known as the:
|
a. |
Durham rule |
|
b. |
M’Naghten Rule |
|
c. |
Substantial Capacity Test |
|
d. |
Irresistible Impulse Test |
|
e. |
Model Penal Code |
ANS:
A
REF: Page 79
OBJ: 3-2
13.
The main purpose of the Comprehensive Crime Control Act of 1984
was:
|
a. |
to strengthen laws regarding violence
against women |
|
b. |
to allow police departments to hire
more officers |
|
c. |
to limit the insanity defense to those
with severe mental disease or defect |
|
d. |
to punish federal offenders who cross
state lines |
|
e. |
to allow a maximum incarceration length
of 50 years for homicide |
ANS:
C
REF: Page 79
OBJ: 3-2
14.
How is procedural criminal law defined?
|
a. |
by prosecutors, through the filing of
charges |
|
b. |
by courts, through judicial rulings |
|
c. |
by citizens, through ballot proposals |
|
d. |
by lobbyists, through political polling |
|
e. |
by police officers, through discretion |
ANS: B
REF: Page 69
OBJ: 3-3
15.
The first ten amendments to the U.S. Constitution are also known
as:
|
a. |
the Bill of Rights |
|
b. |
the preamble |
|
c. |
the procedural compendium |
|
d. |
the declaration of independence |
|
e. |
the Dredd Scott decision |
ANS:
A
REF: Page 81
OBJ: 3-3
16.
The Sixth Amendment to the U.S. Constitution guarantees that
defendants have the right to a public and speedy trial, as well as to:
|
a. |
protection from unreasonable search and
seizure |
|
b. |
freedom of speech |
|
c. |
reasonable bail |
|
d. |
assistance of counsel |
|
e. |
the right to bear arms |
ANS:
D
REF: Page 82
OBJ: 3-3
17.
The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable search and seizure is found in the:
|
a. |
First amendment |
|
b. |
Second amendment |
|
c. |
Third amendment |
|
d. |
Fourth amendment |
|
e. |
Fifth amendment |
ANS:
D
REF: Page 83
OBJ: 3-3
18.
Which of the following landmark U. S. Supreme Court cases
required courts to provide attorneys for poor defendants facing the death
penalty?
|
a. |
Robinson v. California (1962) |
|
b. |
The Queen v. Dudley and Stephens (1884) |
|
c. |
Barron v. Baltimore (1833) |
|
d. |
Gideon v. Wainwright (1963) |
|
e. |
Powell v. Alabama (1932) |
ANS:
E
REF: Page 85
OBJ: 3-4
19.
The Fourteenth Amendment does the following:
|
a. |
protects citizens from unreasonable
search & seizure |
|
b. |
protects citizens from unreasonable use
of force by police |
|
c. |
spreads power between the executive and
legislative branches |
|
d. |
requires states to observe federal due
process standards |
|
e. |
provides counsel for indigent
defendants |
ANS:
D
REF: Page 84
OBJ: 3-3
20.
Which of the following statements regarding search and seizure
is TRUE?
|
a. |
Search and seizure are the same thing. |
|
b. |
Officers must have proper justification
for a search, but not a seizure. |
|
c. |
Seizures involve taking someone or
something into custody, but stops do not. |
|
d. |
Search and seizure protections apply to
offenders, but not law-abiding citizens. |
|
e. |
Police officers do not have to be
knowledgeable about search and seizure laws. |
ANS:
C
REF: Page 86
OBJ: 3-3
21.
Grand juries are used to:
|
a. |
determine whether an offender should be
prosecuted |
|
b. |
determine whether an offender is guilty
or innocent |
|
c. |
determine whether an offender should be
arrested |
|
d. |
determine whether an offender should be
incarcerated |
|
e. |
determine whether a judge’s decision
should be recalled |
ANS:
A
REF: Page 87
OBJ: 3-3
22.
The right to counsel in felony cases was applied to the states
in the landmark case of:
|
a. |
Mapp v. Ohio (1961) |
|
b. |
Weeks v. United States (1914) |
|
c. |
Barron v. Baltimore (1833) |
|
d. |
Gideon v. Wainwright (1963) |
|
e. |
Furman v. Georgia (1972) |
ANS:
D
REF: Page 87
OBJ: 3-4
23.
Bail is employed for which of the following purposes?
|
a. |
to pay fines after being convicted |
|
b. |
to assure an offender appears for trial |
|
c. |
to bribe police officers |
|
d. |
to compensate the system for the cost
of incarceration |
|
e. |
to ensure an impartial jury |
ANS:
B
REF: Page 89
OBJ: 3-3
24.
Which of the following statements about the death penalty is
TRUE?
|
a. |
The Supreme Court has decided the death
penalty is cruel and unusual. |
|
b. |
The death penalty can be imposed in
petty cases, such as those involving theft, provided there are aggravating
circumstances. |
|
c. |
The death penalty is covered in the
Fourth Amendment. |
|
d. |
The Court has agreed with public
sentiment about the death penalty. |
|
e. |
The death penalty is constitutional. |
ANS:
E
REF: Page 91
OBJ: 3-4
25.
Which of the following Chief Justices was added to the bench of
the U. S. Supreme Court in 2005?
|
a. |
Roberts |
|
b. |
Marshall |
|
c. |
Burger |
|
d. |
Warren |
|
e. |
Taft |
ANS:
A
REF: Page 92
OBJ: 3-4
TRUE/FALSE
1. In
the United States, criminal laws dictate punishments for those who violate the
terms of a contract with another individual.
ANS:
F
REF: Page 69
OBJ: 3-1
2. In
Robinson v. California (1962), the Supreme Court struck down a law that made it
a crime to be addicted to drugs.
ANS:
T
REF: Page 70
OBJ: 3-4
3. To be
a crime, an act must cause harm to some legally protected value.
ANS:
T
REF: Page 70
OBJ: 3-2
4. If a
person did not have mens rea, then he or she cannot be found guilty, with the
exception of strict liability offenses.
ANS: T
REF: Page 71
OBJ: 3-2
5. All
societies and cultures base their criminal law on the same principles.
ANS:
F
REF: Page 74
OBJ: 3-2
6. Islamic
law states that drinking alcoholic beverages is illegal.
ANS:
T
REF: Page 74
OBJ: 3-2
7. Entrapment
is one of the seven principles of substantive criminal law.
ANS:
F
REF: Page 75
OBJ: 3-2
8. Entrapment
cannot be used as a defense in a criminal trial.
ANS:
F
REF: Page 75
OBJ: 3-2
9. The
insanity defense is used in most cases in the American criminal justice system.
ANS:
F
REF: Page 78
OBJ: 3-2
10.
An intoxicated individual cannot be found guilty of committing a
crime.
ANS:
F
REF: Page 78
OBJ: 3-2
11.
Ignorance of the law can be used as a defense in a criminal
trial.
ANS:
F
REF: Page 78
OBJ: 3-2
12.
Procedural due process requires that accused persons must be
tried in accordance with legal procedures.
ANS:
T
REF: Page 80
OBJ: 3-3
13.
Public opinion surveys have indicated that Americans would like
courts to focus more on protection of rights than guaranteeing offenders are
punished.
ANS:
F
REF: Page 81
OBJ: 3-4
14.
According to the Fifth Amendment’s double jeopardy clause, a
defendant may be subject to a maximum of two prosecutions for a single offense
within the same jurisdiction.
ANS:
F
REF: Page 82
OBJ: 3-3
15.
The Supreme Court of the United States has nine members.
ANS:
T
REF: Page 83
OBJ: 3-4
16.
The Bill of Rights has always protected individuals’ rights at
the state level.
ANS:
F
REF: Page 85
OBJ: 3-3
17.
The due process and equal protection clauses are found in the
Fourteenth Amendment.
ANS: T
REF: Pages 84-85 OBJ: 3-3
18.
The Amendments to the Constitution have been passed down to the
states through the process of information.
ANS:
F
REF: Page 85
OBJ: 3-3
19.
The Bill of Rights has been completely incorporated and applied
to the states.
ANS:
F
REF: Page 85
OBJ: 3-3
20.
It is unconstitutional to use a police dog to search for illegal
drugs.
ANS:
F
REF: Page 86
OBJ: 3-4
21.
Self-incrimination occurs when an offender provides information
about his or her guilt in a criminal offense.
ANS:
T
REF: Page 86
OBJ: 3-2
22.
Under the Fifth Amendment, states are required to use grand
juries in the criminal justice process.
ANS:
F
REF: Page 87
OBJ: 3-3
23.
Double jeopardy does not apply when offenders commit offenses
that can be considered violations of both state and federal law.
ANS:
T
REF: Page 87
OBJ: 3-2
24.
Even though the Constitution guarantees the right to a public
trial, courts may place limits on how many members of the public may view each
trial.
ANS:
T
REF: Page 88
OBJ: 3-4
25.
In jury trials, the composition of the jury must match the
characteristics of the offender with regard to race, age, and socioeconomic
status.
ANS:
F
REF: Page 89
OBJ: 3-2
COMPLETION
1. Criminal
law is divided into ____________________ and ____________________ law.
ANS: substantive, procedural
REF: Page
69 OBJ: 3-1
2. ____________________law
governs business deals, contracts, and other interpersonal agreements between individuals
in society.
ANS: civil
REF: Page
69 OBJ: 3-1
3. An
act could be criminal if it could do harm that the law seeks to prevent. This
is called an ____________________offense.
ANS: inchoate
REF: Page
71 OBJ: 3-2
4. ____________________law
defines an offense against society.
ANS: criminal
REF: Page
69 OBJ: 3-2
5. A
criminal act of commission (or omission) is referred to as
____________________.
ANS: actus rea or actus reus
REF: Page 70
OBJ: 3-2
6. ____________________refers
to a guilty state of mind.
ANS: mens rea
REF: Page
71 OBJ: 3-2
7. Someone
who was lured into committing a crime by the government can use the defense
of ____________________.
ANS: entrapment
REF: Page
75 OBJ: 3-2
8. A
person who was forced to commit a crime is under ____________________.
ANS: duress
REF: Page
77 OBJ: 3-2
9. The
“right-from-wrong” test is part of the ____________________rule.
ANS: M’Naghten
REF: Pages 78-79 OBJ: 3-2
10.
The first ten amendments added to the Constitution in 1791 are
called the ____________________.
ANS: bill of Rights
REF: Page
81 OBJ: 3-3
11.
When an accused “pleads the fifth”, they are invoking their
right against ____________________.
ANS: self-incrimination
REF: Page
82 OBJ: 3-3
12.
The process of ____________________extended the Bill of Rights
to the states.
ANS: incorporation
REF: Page
85 OBJ: 3-3
13.
Under the doctrine of ____________________ fairness, as long as
a state’s conduct is fair, it has not violated the Constitution.
ANS: fundamental
REF: Page
85 OBJ: 3-3
14.
The case of Gideon v. Wainwright (1963) confirmed that indigent
defendants had the right to ____________________.
ANS: counsel
REF: Page
87 OBJ: 3-4
15.
Torture is not allowed as a punishment in the United States, as
it has been deemed ____________________and ____________________ by the Supreme
Court.
ANS: cruel, unusual
REF: Page
90 OBJ: 3-4
ESSAY
1. Explain
the difference between criminal law and civil law. To illustrate this
difference, consider the case of a car accident in which the person who caused
the accident has been drinking alcohol. Explain the criminal and civil
consequences the offender would experience from this act.
REF: Page 69
OBJ: 3-1
2. Compare
and contrast American criminal law with Islamic criminal law. To do this,
provide an example of one crime in which the penalties differ significantly in
the two countries. Discuss the difference in penalties and why they differ.
REF: Pages
74-75
OBJ: 3-2
3. How
were significant portions of the Bill of Rights nationalized using the due
process clause of the Fourteenth Amendment? What was this process called,
and under which Court’s leadership were major portions passed down to the
states?
REF: Page
85
OBJ: 3-3
4. Define
the concept of double jeopardy and provide an example of a crime that could be
prosecuted under both federal and state law. Should protection against double
jeopardy be extended to those who break both state and federal laws in one
offense?
REF: Page
87
OBJ: 3-3
5. Does
the death penalty violate the Eighth Amendment right against cruel and
unusual punishment? Discuss the varying perspectives of the Supreme
Court on this issue.
REF: Pages
90-91
OBJ: 3-3
6. The
current Supreme Court is expected to narrowly define rights for criminal
suspects and expand powers of the police. Does this seem to reflect the
current views of society? Use what you know about public opinion and
trends in the crime rate to speculate on the directions of the Court in the
future.
REF: Page
92
OBJ: 3-4
TEST BANK
Chapter 5
Twenty-First Century Challenges in Policing
MULTIPLE CHOICE
1. Most
police work is reactive, which means that police primarily:
|
a. |
respond to citizen calls for service |
|
b. |
initiate actions in the absence of
citizen requests |
|
c. |
operate according to “hunches” |
|
d. |
stop crime before it happens |
|
e. |
focus on administrative tasks |
ANS: A
REF: Page 133
OBJ: 5-2
2. Which
of the following is an example of a proactive strategy to combat crime?
|
a. |
responding to citizen calls for service |
|
b. |
responding to victimless crimes using a
stakeout |
|
c. |
responding to citizens who approach an
officer |
|
d. |
responding to a crime after the
perpetrator has fled |
|
e. |
incident-driven policing |
ANS:
B
REF: Page 133
OBJ: 5-2
3. The
policing approach in which calls for service are the main instigators of police
action is known as:
|
a. |
clearance rate policing |
|
b. |
aggressive patrol policing |
|
c. |
proactive policing |
|
d. |
preventive policing |
|
e. |
incident-driven policing |
ANS:
E
REF: Page 133
OBJ: 5-2
4. The
approach to policing that involves assigning priorities to various calls for
service is known as:
|
a. |
incident-driven policing |
|
b. |
clearance rate |
|
c. |
differential response |
|
d. |
line functions |
|
e. |
preventive patrol |
ANS:
C
REF: Page 134
OBJ: 5-2
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