Essentials of Criminal Justice 10th Edition by Larry J. Siegel – Test Bank

 

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Sample Test

Ch_03_Criminal_Law_Substance_and_Procedure   True / False

 

1. The roots of criminal law in the United States can be directly traced to the Bible.   a. True   b. False   ANSWER:   False REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Remember

 

2. The element of criminal law most relevant to criminal justice is torts, or the law of personal injuries.   a. True   b. False   ANSWER:   False REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Remember

 

3. Substantive criminal law deals with issues such as the mental and physical elements of a crime.​   a. True   b. False   ANSWER:   True REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Remember

 

4. The principle of stare decisis refers to the concept of proportionality or “eye for an eye.” ​   a. True   b. False   ANSWER:   False REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.02 – Discuss the concept of substantive criminal law and its history. KEYWORDS:   Remember

 

5. An immediate relationship must always exist between the act and the actor’s intent for a crime to occur.   a. True   b. False   ANSWER:   False REFERENCES:   The Legal Definition of a Crime LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime. KEYWORDS:   Remember

 

6. An ex post facto law is a law that inflicts a greater punishment than was available when the crime was committed.   a. True   b. False   ANSWER:   True REFERENCES:   Sources of Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.03 – Discuss the sources of criminal law. KEYWORDS:   Remember

 

7. Entrapment is a defense against criminal culpability that is found in the Bill of Rights.   a. True   b. False   ANSWER:   False REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

8. Self-defense as a justification requires imminent danger.   a. True   b. False   ANSWER:   True REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

9. The ideas and principles that society considers important at a given time and in a given place have no bearing on a court’s decision on what exactly constitutes due process in a specific case.   a. True   b. False   ANSWER:   False REFERENCES:   Due Process of Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.10 – Explain the role the Supreme Court plays in interpreting the Constitution and shaping procedural law. KEYWORDS:   Remember

 

10. Although most common-law crimes require intent, strict liability crimes do not have a mental requirement.   a. True   b. False   ANSWER:   True REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

11. Traffic laws are examples of strict liability offenses.​   a. True   b. False   ANSWER:   False REFERENCES:   The Legal Definition of a Crime LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

12. The Fourth Amendment limits the admissibility of confessions that have been obtained unfairly.   a. True   b. False   ANSWER:   False REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime. KEYWORDS:   Remember

 

13. Insanity, intoxication, and ignorance are all types of justifications.   a. True   b. False   ANSWER:   False REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime. KEYWORDS:   Remember

 

14. Intoxication is only a viable defense if it is involuntary.​   a. True   b. False   ANSWER:   True REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime. KEYWORDS:   Remember

 

15. To exercise the self-defense privilege, the danger must be immediate.​   a. True   b. False   ANSWER:   True REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime. KEYWORDS:   Remember

 

16. Every state now has a “stand-your-ground” law, which requires no duty to retreat.   a. True   b. False   ANSWER:   False REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime. KEYWORDS:   Remember

 

17. If a bank employee took money from a bank because they believed failure to do so would result in harm to their kidnapped children, this is an example of the duress defense.​   a. True   b. False   ANSWER:   True REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime. KEYWORDS:   Remember

 

18. Stalking laws are an example of the creation of a new law in response to emerging social issues.​   a. True   b. False   ANSWER:   True REFERENCES:   The Evolution of Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.07 – Discuss the most recent developments in criminal law reform. KEYWORDS:   Remember

 

19. The exclusionary rule is the exclusion from trial of evidence seized in violation of the Eighth Amendment.​   a. True   b. False   ANSWER:   False REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

20. Due process of law is found in the Fourth Amendment.​   a. True   b. False   ANSWER:   False REFERENCES:   Due Process of Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.09 – List the elements of due process of law. KEYWORDS:   Remember

 

21. Substantive due process refers to a citizen’s right to be protected from criminal laws that may be biased, discriminatory, and otherwise unfair.   a. True   b. False   ANSWER:   True REFERENCES:   Due Process of Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.09 – List the elements of due process of law. KEYWORDS:   Remember

 

22. Bail is forfeited if the defendant misses the trial date.   a. True   b. False   ANSWER:   True REFERENCES:   Due Process of Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.10 – Explain the role the Supreme Court plays in interpreting the Constitution and shaping procedural law. KEYWORDS:   Remember

 

23. There are certain offenses  in which mens rea is not essential.   a. True   b. False   ANSWER:   True REFERENCES:   The Legal Definition of a Crime LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime. KEYWORDS:   Remember

 

24. For a person to be considered to have committed a crime, some act is required to prove the actors willingness to commit harm.   a. True   b. False   ANSWER:   True REFERENCES:   The Legal Definition of a Crime LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime. KEYWORDS:   Remember

 

Multiple Choice

 

25. US civil law is primarily concerned with:   a. compensating the injured party for harm.   b. protecting the public against harm.   c. controlling social values and mores.   d. contracting legal obligations between aggrieved individuals.   ANSWER:   a REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Remember

 

26. Which branch of law defines crimes and their punishment?   a. Martial law b. Substantive criminal law   c. Civil law d. Public law   ANSWER:   b REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Remember

 

27. Which of the following is false regarding criminal law? ​   a. Crime is a public offense.   b. The right of enforcement belongs to the state.   c. Fines go to the state.   d. Both parties can appeal.   ANSWER:   d REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Remember

 

28. Which of the following is not one of the four broad categories into which law today can be divided?   a. Procedural criminal law b. Substantive criminal law   c. Civil law d. Procedural civil law   ANSWER:   d REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Remember

 

29. Which of the following is not a source of criminal law?   a. Common law b. Biblical decree   c. Statutes d. Case decisions   ANSWER:   b REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.03 – Discuss the sources of criminal law. KEYWORDS:   Remember

 

30. Regardless of its source, all criminal laws in the United States must conform to the rules and dictates of the:   a. US Attorney’s Office b. US Court of Appeals   c. US Senate d. US Constitution   ANSWER:   d REFERENCES:   Sources of Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.03 – Discuss the sources of criminal law. KEYWORDS:   Remember

 

31. The term stare decisis refers to:   a. an eye for an eye. b. someone who is inherently evil.   c. a statute created by a legislative body. d. the decision to stand by decided cases.   ANSWER:   d REFERENCES:   Sources of Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.03 – Discuss the sources of criminal law. KEYWORDS:   Remember

 

32. Sue has committed a  robbery with deadly weapon. This would be considered a __________ crime.   a. mala in se b. nolle prosequi   c. mala prohibitum d. civil   ANSWER:   a REFERENCES:   The Legal Definition of a Crime LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

33. What is the most common definition of a felony?   a. A crime punishable in the statute by death or imprisonment in a state prison.   b. Any crime punishable by imprisonment in a jail or state prison.   c. A crime punishable by grand jury indictment.   d. Any crime for which one can be imprisoned for more than three years in prison.   ANSWER:   a REFERENCES:   The Legal Definition of a Crime LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime. KEYWORDS:   Remember

 

34. Which of the following is false regarding the comparison of felonies and misdemeanors?   a. A felony is an offense generally punishable by death or imprisonment in a penitentiary, whereas a misdemeanor is generally punishable by a fine or imprisonment elsewhere than in a penitentiary.   b. A person convicted of a felony may be barred from certain fields of employment or some professions, whereas a person convicted of a misdemeanor is not.   c. An arrest for a felony or misdemeanor may be made regardless of whether the crime was committed in the officer’s presence, as long as the officer had reasonable grounds to believe that the person committed the crime.   d. Distinguishing between a felony and a misdemeanor is sometimes difficult.   ANSWER:   c REFERENCES:   The Legal Definition of a Crime LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

35. The individual’s state of mind or intent to commit a crime is formally referred to as:   a. stare decisis. b. mala in se.   c. mens rea. d. actus reus.   ANSWER:   c REFERENCES:   The Legal Definition of a Crime LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

36. The term actus reus refers to the:   a. measurement of mental ability. b. exclusion of omission.   c. guilty person. d. guilty act.   ANSWER:   d REFERENCES:   The Legal Definition of a Crime LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

37. Certain statutory offenses exist in which mens rea is not essential. These offenses fall within a category known as:   a. torts. b. strict liability crimes.   c. mala in se crimes. d. stare decisis.   ANSWER:   b REFERENCES:   The Legal Definition of a Crime LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

38. Narcotics control laws, health and safety regulations, and sanitation laws are examples of what legal principle?   a. Recklessness b. Criminal negligence   c. Malice d. Strict liability   ANSWER:   d REFERENCES:   The Legal Definition of a Crime LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

39. Individuals that claim insanity as a criminal defense may not have the ability to form ___________.   a. mala in se b. mens rea   c. actus reus d. stare decisis   ANSWER:   b REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

40. The defense of mistake ultimately rests on proving a(n):   a. presumption of guilt.   b. lack of intent.   c. existence of extenuating circumstances.   d. post facto affirmative presumption of innocence due to entrapment.   ANSWER:   b REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

41. The effect of intoxication upon criminal liability depends on:   a. the type of intoxicant used.   b. whether the defendant uses drugs or alcohol voluntarily.   c. whether the consumption of intoxicant began prior to the crime.   d. whether the defendant has prior convictions.   ANSWER:   b REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

42. Intoxication and age are examples of:   a. legal defenses used to negate the required proof of mens rea.   b. legal defenses that negate the required proof of actus reus.   c. defenses based on double jeopardy.   d. legal defenses based on a presumption of conclusive incapacitation.   ANSWER:   a REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

43. Under common law, there is generally a conclusive presumption of incapacity for a child under the age of:​   a. ​7   b. ​11   c. ​13   d. ​15   ANSWER:   a REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

44. Which standard of the insanity defense excuses a person whose mental disease makes it impossible to control their conduct?   a. Durham rule b. Products test   c. M’Naghten rule d. Irresistible impulse test   ANSWER:   d REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

45. Which standard solely considers whether the accused is able to distinguish right from wrong?   a. Durham rule b. Substantial capacity test   c. M’Naghten rule d. Irresistible impulse test   ANSWER:   c REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

46. Which of the following is false regarding a defense of self-defense? ​   a. ​The defendant must have acted under a reasonable belief that he or she was in danger of any type of harm.   b. ​The defendant must have acted under a reasonable belief that he or she was in danger of death or great harm.   c. ​The defendant must have believed that he or she had no means of escape from the assailant.   d. ​The person defending himself or herself may only use such force as is reasonably necessary to prevent personal harm.   ANSWER:   a REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

47. Which of the following is false regarding stand-your-ground laws?​   a. ​All states have stand-your-ground laws.   b. ​Florida’s stand-your-ground law permits the use of deadly force when a person reasonably believes it necessary to prevent the commission of a forcible felony.   c. ​The stand-your-ground laws in some states extend to public places.   d. ​The stand-your-ground law in Florida permits deadly force to prevent the commission of a carjacking.   ANSWER:   a REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

48. ​Which of the following is not considered entrapment?   a. ​Police implant a criminal idea.   b. ​Police instigate a crime.   c. ​Officers pose as drug dealers in known drug areas.   d. ​Police coerce an individual to commit an offense.   ANSWER:   c REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

49. Crime is generally grouped into three basic categories, they are:   a. felonies, misdemeanors, and violations.   b. malum prohibitum crimes, felonies, and violations.   c. violations, ordinances, and felonies.   d. misdemeanors, violations, and ordinances.   ANSWER:   a REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Remember

 

50. Which legal standard of mental illness is used by present federal law?   a. “Didn’t know what he was doing or didn’t know it was wrong.”   b. “Could not control his conduct.”   c. “Lacks substantial capacity to appreciate the wrongfulness of his conduct or to control it.”   d. “Lacks capacity to appreciate the wrongfulness of his conduct.”   ANSWER:   d REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

51. Which of the following is true regarding the stand-your-ground justification defense?   a. Most self-defense statutes require a duty to retreat before reacting to a threat with physical violence.   b. The castle exception does not require an obligation to retreat within an individual’s residence before fighting back.   c. Stand-your-ground laws allow average citizens to use deadly force when they reasonably believe that their homes or vehicles have been illegally invaded.   d. All of the above are true regarding the “stand-your-ground” justification defense.   ANSWER:   d REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

52. The exclusionary rule is used as part of which protection afforded to the accused by the US Constitution?   a. First Amendment b. Second Amendment   c. Fourth Amendment d. Eighth Amendment   ANSWER:   c REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

53. The ______ Amendment guarantees the defendant the right to a speedy and public trial by an impartial jury.​   a. ​Second   b. ​Fourth   c. ​Sixth   d. ​Eighth   ANSWER:   c REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

54. Excessive bail is prohibited by the:​   a. ​Fourth Amendment.   b. ​Fifth Amendment.   c. ​Sixth Amendment.   d. ​Eighth Amendment.   ANSWER:   d REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

55. The _______ Amendment limits the admissibility of confessions that have been obtained unfairly.​   a. ​First   b. ​Fifth   c. ​Sixth   d. ​Eighth   ANSWER:   b REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

56. The Bill of Rights is applied to the states by the:​   a. ​Fifth Amendment.   b. ​Sixth Amendment.   c. ​Eighth Amendment.   d. ​Fourteenth Amendment.   ANSWER:   d REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

57. What element must be present in order for the excuse of necessity to be valid?   a. The victim consented.   b. No means of escape were available.   c. The harm to be avoided was greater than the offense charged.   d. The offense was based on a presumptive conclusion of mens rea.   ANSWER:   c REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

58. An employee is forced to divert funds into a special account and failure to cooperate will result in the execution of his or her family. Which defense would be most applicable to this situation?   a. Duress b. Entrapment   c. Necessity d. Consent   ANSWER:   a REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

59. Which constitutional amendment outlaws illegal searches and seizures by police?   a. First b. Fourth   c. Fifth d. Eighth   ANSWER:   b REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later he does actually kill the girl that he spoke of during his sessions with the psychiatrist.

 

60. In addition to being tried for the girls’ murder, the parents of the deceased sue the psychiatrist for not warning the police of the potential threat. What categories of law is this case found in?   a. Substantive criminal law and procedural law   b. Procedural law and civil law   c. Substantive criminal law and civil law   d. Procedural law and public law   ANSWER:   c REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Apply

 

61. The lawsuit filed by the deceased girl’s parents is called:​   a. ​stare decisis.   b. ​a tort.   c. ​lex talionis.   d. ​malum prohibitum.   ANSWER:   b REFERENCES:   Sources of Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Apply

 

62. In applying the rule of lex talionis, how would the parents obtain closure for their daughter’s murder?​   a. ​The parents would be paid for their loss.   b. ​The parents would be able to take over the psychiatry business.   c. ​The parents would be able to kill Stanley for taking their daughter’s life.   d. ​The parents would not be able to gain closure through this rule.   ANSWER:   c REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Apply

 

​ Many states and the District of Columbia have legalized medical marijuana and other states have legalized its recreational use.  In some states, police are directed to patrol the areas near medical marijuana dispensaries more frequently because it is still illegal to use it recreationally and usually still illegal to sell marijuana. The new governor of California is facing a budget crisis and must reduce spending in law enforcement.

 

63. The governor has targeted medical marijuana users because the police spend more time patrolling in areas where dispensaries are located. In what way will he be most successful in his quest to reduce spending?   a. Start to punish medical marijuana users   b. Make violations of medical marijuana laws a felony offense   c. Make other violations of law usually punishable by fine, now arrestable offenses   d. Direct police to warn and release whenever possible   ANSWER:   d REFERENCES:   The Evolution of Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.07 – Discuss the most recent developments in criminal law reform. KEYWORDS:   Apply

 

64. Randi has been arrested for selling marijuana in Washington state. He was high on drugs at the time of arrest and doesn’t quite understand why he is in trouble. The police are demanding to know Randi’s supplier and won’t let Randi eat or drink until he confesses.  What rights protect Randi from this interrogation?   a. Fourth Amendment   b. Fifth Amendment   c. Sixth Amendment   d. Eighth Amendment   ANSWER:   b REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Apply

 

Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he calls the police claiming Sue stole his marijuana.

 

65. Sue has been released without charges. What is the most likely reason for this?   a. Sue had a prescription and did not have mens rea.   b. Sue had actus reus but did not have a prescription.   c. Sue had a contractual relationship to the police.   d. Sue had a medical marijuana prescription.   ANSWER:   a REFERENCES:   The Legal Definition of a Crime LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime. KEYWORDS:   Apply

 

66. ​ After Sue’s release from jail, Bob gets high on the street and follows her back to her house where a physical fight ensues. Sue dies from her injuries. Bob claims he had no such intent and is surprised and disgusted by his actions. Bob believes the marijuana he bought on the street was laced with phencyclidine (PCP). What would be his best defense in court?   a. Duress   b. Intoxication   c. Insanity   d. Self-defense​   ANSWER:   b REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Apply

 

67. At Bob’s trial, one of the ladies that used to date Bob’s roommate is on the jury. Truth be told, she didn’t like Bob very much because he used to search through her personal belonging when she wasn’t around but she knew he was doing it. Which of Bob’s rights have been violated?   a. Right against incrimination   b. Right to an impartial jury   c. Right to a speedy trial   d. Right against unreasonable searches​   ANSWER:   b REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Apply

 

68. While in prison, Bob became addicted to methamphetamine. Upon his release, Bob is visited by a police officer who is warning neighborhood residents of a spike in crime. When Bob opens the door, the officer pushes by Bob and into his house where he finds Bob’s meth lab. Which of Bob’s rights has been violated?   a. Fourth Amendment   b. Fifth Amendment   c. Sixth Amendment   d. Eighth Amendment   ANSWER:   a REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Apply

 

Completion

 

69. The primary concern of ___________ is the control and regulation of human interaction. ANSWER:   law REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Remember

 

70. Helping people take their own lives is referred to as ________.​ ANSWER:   obitiatry​ REFERENCES:   Evolution of Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.071 – Discuss the most recent developments in criminal law reform. KEYWORDS:   Remember

 

71. _____________ laws require the registration of individuals convicted of sex-related crimes.​ ANSWER:   Community notification​ REFERENCES:   Evolution of Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.071 – Discuss the most recent developments in criminal law reform. KEYWORDS:   Remember

 

72. After the Norman conquest of England in 1066, royal judges would decide what to do in each case using local custom and rules of conduct as a guide in a system known as ____________________. ANSWER:   stare decisis REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.02 – Discuss the concept of substantive criminal law and its history. KEYWORDS:   Remember

 

73. A law that inflicts a greater punishment than was available when the crime was committed is termed a(n) ____________________ law. ANSWER:   ex post facto REFERENCES:   Sources of Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.03 – Discuss the sources of criminal law. KEYWORDS:   Remember

 

74. _____ law became the standardized law of the land in England and eventually formed the basis of criminal law in the United States. ANSWER:   Common​ REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.02 – Discuss the concept of substantive criminal law and its history. KEYWORDS:   Remember

 

75. Homicide, robbery, and rape are examples of which type of crime.​ ANSWER:   Felony​ REFERENCES:   Sources of Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.03 – Discuss the sources of criminal law. KEYWORDS:   Remember

 

76. The Durham Rule is associated with the ____________________ defense. ANSWER:   insanity REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

77. In response to the concerns of environmentalists, the federal government has passed _______________________ acts to protect the nation’s well being. ANSWER:   ​ protect the environment REFERENCES:   The Evolution of Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.07 – Discuss the most recent developments in criminal law reform. KEYWORDS:   Remember

 

78. The defense of ____________________ would be appropriate in a case where a person was rushing to the hospital with an emergency and broke numerous traffic laws along the way. ANSWER:   necessity REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

79. The ____________________ Amendment was the basis for the Miranda decision. ANSWER:   Fifth (5th) Fifth 5th REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

80. The ____________________ Amendment has been used in the past to argue that the death penalty is cruel and unusual punishment. ANSWER:   Eighth (8th) Eighth 8th REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

81. The ____________________ Amendment prohibits excessive bail. ANSWER:   Eighth (8th) Eighth 8th REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

82. The right to be informed of the nature of the charges against you and the right to confront any prosecution witnesses is guaranteed by the ____________________ Amendment.​ ANSWER:   Sixth (6th) Sixth 6th ​ REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

83. The ____________________ Amendment prohibits double jeopardy.​ ANSWER:   Fifth (5th) Fifth 5th ​ REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

84. The ____________________ Amendment is the vehicle used by the courts to apply the protection of the Bill of Rights to the states.​ ANSWER:   Fourteenth (14th) Fourteenth 14th ​ REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

85. Under the _______________, evidence seized in violation of the Fourth Amendment cannot be used in a court of law. ANSWER:   exclusionary rule REFERENCES:   Constitutional Criminal Procedure LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure. KEYWORDS:   Remember

 

86. The ____________ or the “product test” states that an accused is not responsible if his or her unlawful act was a product of mental disease or defect. ANSWER:   Durham rule REFERENCES:   Criminal Defenses LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.05 – Define the term strict liability. KEYWORDS:   Remember

 

87. A child under the age of 7 years who commits a crime will not be held criminally responsible for their crimes. This is an example of __________________ rules. ANSWER:   common-law REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.03 – Discuss the sources of criminal law. KEYWORDS:   Remember

 

88. Using local rules of conduct and customs to decide a case is referred to as ________________. ANSWER:   stare decisis REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.03 – Discuss the sources of criminal law. KEYWORDS:   Remember

 

89. ________________law is used to resolve control and shape personal interactions such as wills, trusts, and property ownership. ANSWER:   Civil REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Remember

 

90. The branch of law that deals with the government and its relationships with individuals or other governments is called _______________ law. ANSWER:   public REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Remember

 

Essay

 

91. Differentiate between criminal law and civil law. ANSWER:   In criminal law there are both substantive criminal law that defines crimes and their punishment and procedural criminal law that sets out the basic rules of practice in the criminal justice system. On the other hand, civil law consists set of rules governing relations between private parties. REFERENCES:   Historical Development of the Criminal Law LEARNING OBJECTIVES:   ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil law KEYWORDS:   Evaluate