True / False
1. In the United States, criminal laws dictate punishments for those who violate the terms of a contract with another
individual.
a. True
b. False
2. In Robinson v. California (1962), the Supreme Court struck down a law that made it a crime to be addicted to drugs.
a. True
b. False
3. To be a crime, an act must cause harm to some legally protected value.
a. True
b. False
4. If a person did not have mens rea, then he or she cannot be found guilty, with the exception of strict liability offenses.
a. True
b. False
5. All societies and cultures base their criminal law on the same principles.
a. True
b. False
6. Felonies are punishable by more than one year in prison.
a. True
b. False
7. Entrapment is one of the seven principles of substantive criminal law.
a. True
b. False
8. Entrapment cannot be used as a defense in a criminal trial.
a. True
b. False
9. The insanity defense is used in most cases in the American criminal justice system.
a. True
b. False
10. An intoxicated individual cannot be found guilty of committing a crime.
a. True
b. False
11. Ignorance of the law can be used as a defense in a criminal trial.
a. True
b. False
12. Procedural due process requires that accused persons must be tried in accordance with legal procedures.
a. True
b. False
13. Public opinion surveys have indicated that Americans would like courts to focus more on protection of rights than
guaranteeing offenders are punished.
a. True
b. False
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.
a. True
b. False
15. The Supreme Court of the United States may favor guilty people by ordering new trials.
a. True
b. False
16. The Bill of Rights has always protected individuals‘ rights at the state level.
a. True
b. False
17. The due process and equal protection clauses are found in the Fourteenth Amendment.
a. True
b. False
18. The Amendments to the Constitution have been passed down to the states through the process of information.
a. True
b. False
19. The Bill of Rights has been completely incorporated and applied to the states.
a. True
b. False
20. It is unconstitutional to use a police dog to search for illegal drugs.
a. True
b. False
21. Self-incrimination occurs when an offender provides information about his or her guilt in a criminal offense.
a. True
b. False
22. Under the Fifth Amendment, states are required to use grand juries in the criminal justice process.
a. True
b. False
23. Double jeopardy does not apply when offenders commit offenses that can be considered violations of both state and
federal law.
a. True
b. False
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.
a. True
b. False
25. In jury trials, the composition of the jury must match the characteristics of the offender with regard to race, age, and
socioeconomic status.
a. True
b. False
26. The current Supreme Court sees itself as the champion of the rights of the criminal defendant.
a. True
b. False
27. Most of the justices on the current Supreme Court are women.
a. True
b. False
28. The contemporary Supreme Court tends to favor law enforcement over the rights of the criminal defendant.
a. True
b. False
29. For a crime to have been committed, there must be a causal relationship between an act and the harm suffered.
a. True
b. False
30. Actus rea means that for a crime to occur there must be an act of either commission or omission by the accused.
a. True
b. False
31. Offensive and harmful behaviors are almost always illegal.
a. True
b. False
32. The duress defense is used when people break the law in order to save themselves or prevent some greater harm.
a. True
b. False
Multiple Choice
33. 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.
34. The accountability of an individual for a crime because of their characteristics and the circumstances of the illegal act
is called:
a. legal responsibility.
b. civil law.
c. cooperative law.
d. procedural responsibility.
e. real estate law.
35. 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.
36. Procedures criminal justice professionals must follow in enforcement, adjudication, and corrections are:
a. procedural criminal law.
b. substantive criminal law.
c. constitutional criminal law.
d. civil law.
e. tort law.
37. Crimes usually considered and punished by more than a year in state or federal prison are called:
a. felonies.
b. misdemeanors.
c. civil infractions.
d. criminal elements.
e. infractions.
38. Crimes that are usually punished by a sentence of less than a year in jail, probation, and or/fines are called:
a. felonies.
b. misdemeanors.
c. civil infractions.
d. criminal elements.
e. maxi-maxi felonies.
39. Minor offenses that are typically punishable by small fines and that produce no criminal record for the offender are
called:
a. felonies.
b. misdemeanors.
c. civil infractions.
d. criminal elements.
e. civil elements.
40. 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
41. A guilty or blameworthy state of mind describes the element of:
a. mens rea.
b. inchoate offense.
c. defamation.
d. actus reus.
e. causation.
42. 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.
43. 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
44. Which type of defense involves an individual’s action, which is socially acceptable under the circumstances despite
causing harm?
a. excuse defense
b. justification defense
c. procedural defense
d. civil defense
e. necessity defense
45. 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.
46. 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
47. 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 offenders must break the law in order to save themselves or prevent some greater harm.
For self-defense, this is not the case.
e. Necessity and self-defense are the same thing.
48. 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.
49. Coercion to commit a crime from another party would be considered what type of defense?
a. entrapment
b. self-defense
c. mistake of fact
d. duress
e. necessity
50. 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 United States 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.
51. 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.
52. 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.
53. 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
54. The first 10 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.
55. A person cannot be forced to respond to questions in which the answers may reveal that they may have committed a
crime. This is called:
a. double jeopardy.
b. self-incrimination.
c. fundamental fairness.
d. incorporation.
e. jurisprudence.
56. 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.
57. According to this protection, an individual can only be subjected to one prosecution or punishment for a single offense
in the same jurisdiction.
a. double jeopardy
b. self-incrimination
c. fundamental fairness
d. incorporation
e. jurisprudence
58. 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.
59. In a criminal prosecution, the accused shall enjoy the right to a speedy and public trial, an impartial jury, and to
confront witnesses, which is protected by which amendment?
a. First Amendment
b. Fourth Amendment
c. Fifth Amendment
d. Sixth Amendment
e. Eighth Amendment
60. 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)
61. The Fourteenth Amendment does the following:
a. protects citizens from unreasonable search and 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
62. This U.S. Supreme Court case originally ruled that the protections of the Bill of Rights apply only to the actions of the
federal government.
a. Robinson v. California (1962)
b. The Queen v. Dudley and Stephens (1884)
c. Barron v. Baltimore (1833)
d. Gideon v. Wainwright (1963)
e. Mapp v. Ohio (1961)
63. What is the legal doctrine supporting the idea that so long as a state’s conduct maintains basic standards of fairness,
the Constitution has not been violated?
a. fundamental fairness
b. the incorporation doctrine
c. doctrine of fairness
d. original intent
e. evil intent
64. The extension of the due process clause of the Fourteenth Amendment to make binding on state governments the
rights guaranteed in the Bill of Rights is called:
a. fundamental fairness.
b. the incorporation doctrine.
c. actus reus.
d. doctrine of fairness.
e. evil intent.
65. Which of the following statements regarding searches, seizures, and stops is TRUE?
a. Searches, seizures, and stops are the same thing.
b. Officers must have proper justification for a search, but not a seizure or stop.
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, but must be cognizant of
Constitutional restrictions placed on stops.
66. 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.
67. 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).
68. 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 cover legal costs
d. to compensate the system for the cost of incarceration
e. to allow the wealthy an escape from jail
69. 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.