Chapter 1: Criminal Law and Criminal Punishment: An Overview
Chapter 1 Test Bank
Criminal Law and Criminal Punishment: An Overview
MULTIPLE CHOICE
1. Which of the following cases makes clear the need for punishment to make
condemnation meaningful?
a.
Commonwealth v. Rhodes 1996
b.
Chaney v. State (1970)
c.
Keeler v. Superior Court (1970)
d.
U.S. v. Hudson and Goodwin (1812)
2. Private wrongs for which you can sue the party who wronged you and recover money
are known as
a.
torts.
b.
misdemeanors.
c.
regulatory violations.
d.
mala prohibitum offenses.
3. Who has the burden of proof regarding criminal conduct?
a.
the judge
b.
the jury
c.
the defense
d.
the prosecution
4. Defendants who have committed a must be in court for their trials.
a.
misdemeanor
b.
gross misdemeanor
c.
violation
d.
felony
5. An offense which is punishable by one year or more in a state prison is called a
a.
common-law crime.
b.
code offense.
c.
misdemeanor.
d.
felony.
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6. The law that says that human beings seek pleasure and avoid pain is the law of:
a.
rationalism.
b.
hedonism.
c.
minimalization.
d.
rationalization.
7. Who is credited with first formulating classical deterrence theory?
a.
Bentham
b.
Robinson
c.
Miranda
d.
Hart
8. The general part of criminal law consists of
a.
the definitions of common terms.
b.
crimes that are common in every jurisdiction.
c.
principles that apply to more than one crime.
d.
definitions of specific crimes.
9. To obtain a conviction, the prosecution must prove every element of the offense
a.
by a preponderance of the evidence.
b.
beyond a reasonable doubt.
c.
by showing probable cause.
d.
beyond a shadow of a doubt.
10. Which of the following is not one of the criteria required for criminal punishment?
a.
The penalty inflicts pain or unpleasant consequences.
b.
The penalty inflicts pain that is perceived by the public to be appropriate.
c.
The penalty is administered intentionally.
d.
The penalty inflicts enough pain so the offender experiences the full extent of
society’s disapproval.
11. Which of the following theories or justifications for punishment is retrospective (looks
back at the crime)?
a.
retribution
b.
rehabilitation
c.
general deterrence
d.
incapacitation
Chapter 1: Criminal Law and Criminal Punishment: An Overview
12. The theory of punishment that includes the idea that it is right to hate criminals and
they deserve to be punished proportionate to the harm they have done is the theory of
a.
incapacitation.
b.
special deterrence.
c.
retribution.
d.
general deterrence.
13. Retributionists assume that
a.
people are not culpable for their crimes because they freely chose to commit them.
b.
human behavior is shaped by forces not always within our control.
c.
preventing crime is the most important goal of the criminal law.
d.
justice is best served by sending convicted offenders to prison.
14. Who first formulated the theory that rational human beings won’t commit crimes if
they know that the pain of punishment outweighs the pleasure they hope to get from
committing the crime?
a.
The authors of the Old Testament
b.
George Bernard Shaw
c.
Jeremy Bentham
d.
Isaac Ehrlich
15. The assumption underlying rehabilitation theory is that
a.
criminal behavior is primarily a medical problem that can be cured with the correct
drugs.
b.
rehabilitation requires long-term incarceration and intense treatment.
c.
forces beyond offenders’ control cause them to commit crimes and experts
using the correct therapy can reform criminals.
d.
sometimes the cure for criminality involves large doses of pain.
16. Since the mid-1980s, the two rationales that have dominated penal policy are
a.
retribution and incapacitation.
b.
deterrence and rehabilitation.
c.
reformation and deterrence.
d.
vengeance and rehabilitation.
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17. According to the text, which of the following is not a property crime?
a.
fraud
b.
arson
c.
burglary
d.
vagrancy
18. Criminal law is only one kind of
a.
social norm.
b.
social control.
c.
social event.
d.
informal control.
19. What part of criminal law consists of principles that apply to more than one crime?
a.
general part of criminal law
b.
generic part of criminal law
c.
specific part of criminal law
d.
special part of criminal law
20. What part of criminal law defines specific crimes and arranges them into groups
according to subject matter?
a.
general part of criminal law
b.
generic part of criminal law
c.
specific part of criminal law
d.
special part of criminal law
21. Where is most criminal law found?
a.
state criminal codes
b.
federal criminal codes
c.
city criminal codes
d.
county criminal codes
22. Which of the following is the highest standard of proof known to the law?
a.
absolute certainty
b.
preponderance of the evidence
c.
probable cause
d.
beyond a reasonable doubt
Chapter 1: Criminal Law and Criminal Punishment: An Overview
23. When professionals make judgments based on their training, their experience, and
unwritten rules this is called
a.
discretionary decision making.
b.
biased decision making.
c.
affirmative decision making.
d.
productive decision making.
24. Sentencing laws that make prison release dependent on rehabilitation are called
a.
dependent sentencing laws.
b.
indeterminate sentencing laws.
c.
determinate sentencing laws.
d.
independent sentencing laws.
25. Even in states that have codified their criminal codes, the common-law is important
today because
a.
most misdemeanors are still common-law crimes.
b.
it helps explain previous court decisions.
c.
it is used by judges to help them interpret current criminal statutes.
d.
it is historically interesting.
26. Criminal law reformers called for the abolition of common-law crimes because they
a.
contended that law created by judges was not only disorderly and
incomplete, it was antidemocratic.
b.
believed that common-law crimes were unconstitutional.
c.
did not trust judges to make good decisions.
d.
thought law was too important to be known as common.
27. Crimes and torts are similar in which of the following ways?
a.
The standard of proof for both is beyond a reasonable doubt.
b.
They both apply only to economic wrongs.
c.
They both apply only to criminals.
d.
They both tell us what we can and can’t do.
28. Which of the following is not true of a felony crime?
a.
a felony is more serious than a misdemeanor
b.
a felony is punishable by death or an imprisonment of more than one year
c.
a felony is never punished by imprisonment
d.
felony defendants have to be in court for their trials
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29. Administrative crimes
a.
do not exist because agencies do not have the power to enact rules.
b.
can only be enacted by federal agencies.
c.
are no longer a significant source of criminal law.
d.
are a rapidly growing source of law.
30. According to the text, which is the most common category of crimes?
a.
misdemeanor crimes
b.
felony crimes
c.
violent crimes
d.
property crimes
31. The appellant is the party who
a.
is appealing to ensure their victory in the court below.
b.
is appealing to overturn an unfavorable decision.
c.
has had an appeal filed against them.
d.
has not filed the charges against the appellee.
32. The legal rule the court has decided to apply to the facts of the cases is called the
a.
issue.
b.
holding.
c.
result.
d.
reasoning.
33. If an appellate court affirms the decision of the court immediately below, this means
that the lower court’s decision is
a.
upheld.
b.
overturned.
c.
questioned.
d.
not considered.
34. When an appellate court overturns the decision of a trial court and sends the case back
for further proceedings in accord with its decision, the appeals court has
a.
reversed the trial court’s decision.
b.
affirmed the trial court decision.
c.
reversed and remanded the trial court decision.
d.
declined the trial court decision.
Chapter 1: Criminal Law and Criminal Punishment: An Overview
35. In the citation 319 N.W. 2d 459, the number 459 represents the
a.
volume number.
b.
page where the opinion begins in a volume.
c.
date the decision was handed down.
d.
date the case was argued.
TRUE/FALSE
1. The criminal law is the only form of social control in our society and the only way to
hold a person responsible for deviating from social norms.
a. true
b. false
2. Crimes and torts are essentially the same, but with different names.
a. true
b. false
3. Crimes punishable by more than a year of imprisonment are called felonies.
a. true
b. false
4. The elements of the crime of embezzlement would be found in the general part of the
criminal law.
a. true
b. false
5. Criminal law is only one kind of social control.
a. true
b. false
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6. Determinists reject the free-will assumption that underlies retribution.
a. true
b. false
7. Classical deterrence theory states that rational human beings won’t commit crimes if
they know that the pain of punishment outweighs the pleasure gained from committing
crimes.
a. true
b. false
8. The principle of utility permits only the minimum amount of pain necessary in order to
prevent crime.
a. true
b. false
9. Crimes and torts are similar in that both are sets of rules telling us what we can’t do.
a. true
b. false
10. The special part of criminal law consists of principles that apply to more than one
crime.
a. true
b. false
11. After the adoption of the Model Penal Code in 1962, more than forty states changed
their criminal codes.
a. true
b. false
12. City, town, and village governments do not enjoy broad powers to create criminal
laws.
a. true
b. false
Chapter 1: Criminal Law and Criminal Punishment: An Overview
13. To qualify as criminal punishment, penalties have to meet four criteria.
a. true
b. false
14. Discretionary decision making is decision making that is in plain view.
a. true
b. false
15. Incapacitation restrains convicted offenders from committing further crimes.
a. true
b. false
16. Most states have abolished common-law crimes.
a. true
b. false
17. The American Law Institute’s Model Penal Code has been very influential in shaping
modern criminal law in America.
a. true
b. false
18. Most criminal law is found in the federal penal code.
a. true
b. false
19. The majority opinion lays out the established law of the case.
a. true
b. false
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20. Case citations are summaries of a court’s majority opinion.
a. true
b. false
COMPLETION
1. Retributionists contend that punishment benefits not only but also criminals.
2. ___________ principles of criminal law apply to many or all crimes.
3. Criminal law is established by elected representatives, administrative agencies, and
.
4. Affirmative defenses such as justification and excuse, place the burden of production
or of on the defendant.
5. The police decision to investigate or not is an example of informal .
6. The text case method stimulates you to think about legal principles and
their application.
Chapter 1: Criminal Law and Criminal Punishment: An Overview
7. In case citations, the number always comes before the title of a reporter and
the page always comes immediately after the title.
8. Crimes are acts deserving of the strongest and stigma of a society.
9. Assuming there is no majority opinion, the opinion joined in by more judges than any
other opinion is called the ______________ opinion.
10. Crime that is inherently wrong or evil, like murder and rape, is called crime of moral
.
ESSAY
1. Explain the purposes or rationales for punishment and the arguments in favor of each
rationale. Include a discussion about current trends in punishment.
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2. Explain the relationship between the general and special parts of criminal law.
3. Explain the text-case method including the reason for its name. Also explain the two
4. Define, describe, compare, and contrast common-law crimes and statutory crimes. Be
sure to provide examples.
Chapter 1: Criminal Law and Criminal Punishment: An Overview
5. It would be inappropriate to refer to “criminal law,” as if it were a singular entity.
Why is this? Discuss all that “criminal law” really includes in the U.S.