70. Which of the following became Chief Justice of the U.S. Supreme Court in 2005?
a. Roberts
b. Marshall
c. Burger
d. Warren
e. Taft
71. Which of the following U.S. Supreme Court justices was added to the bench in 2009?
a. Roberts
b. Alito
c. Kennedy
d. Sotomayor
e. Ginsburg
72. The contemporary Supreme Court endorses the actions of law enforcement and:
a. perpetrators.
b. prosecutors.
c. judges.
d. corrections.
e. defense attorneys.
73. The ideological makeup of the contemporary Supreme Court tends to be:
a. liberal.
b. conservative.
c. moderate.
d. socialist.
e. libertarian.
74. The contemporary Supreme Court tends to:
a. favor the rights of the criminal defendant over law enforcement.
b. favor law enforcement over the rights of the criminal defendant.
c. favor protections of the individual over the needs of government.
d. favor defendant rights over the rights of the victim.
e. show no favoritism to any one view.
75. Which of the following statements about the justices on the current Supreme Court is TRUE?
a. Nearly half of the justices are above 70 years of age.
b. Most of the justices are new to the bench.
c. Most of the justices are quite young.
d. There are no women on the current Supreme Court.
e. There are no African Americans on the current Supreme Court.
76. The unlawful entry of a structure to commit a felony or a theft is the definition of:
a. assault.
b. burglary.
c. robbery.
d. theft.
e. larceny.
77. The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or
threat
of force of violence and/or by putting the victim in fear is the definition of:
a. assault.
b. burglary.
c. robbery.
d. theft.
e. larceny.
78. The causal relationship between an act and the harm suffered is referred to as:
a. actus rea.
b. causation.
c. harm.
d. legality.
e. concurrence.
79. Concurrence refers to:
a. the causal relationship between an act and the harm suffered.
b. the intent and the act both being present at the same time.
c. the harm caused to some legally protected value.
d. an act of either commission or omission by the accused.
e. the law that defines the specific action as a crime.
80. The case deciding that the protections of the Bill of Rights apply only to actions of the federal government was:
a. Powell v. Alabama (1932).
b. Haley v. Munro (1941).
c. Marbury v. Madison (1803).
d. Barron v. Baltimore (1833).
e. Gideon v. Wainwright (1963).
81. The case deciding that an attorney must be provided to a poor defendant facing the death penalty was:
a. Powell v. Alabama (1932).
b. Haley v. Munro (1941).
c. Marbury v. Madison (1803).
d. Barron v. Baltimore (1833).
e. Gideon v. Wainwright (1963).
82. The cruel and unusual test proposed by Justice Warren maintained that punishments may be declared unconstitutional
if the punishment:
a. is disproportionate to the offense.
b. is comparable to a form of torture.
c. offends the values of contemporary society.
d. inflicts physical or psychological pain.
e. all of the above.
83. Accidents are the clearest examples of which legal principle?
a. actus rea
b. presumptive guilt
c. mens rea
d. presumptive innocence
e. limited liability crimes
84. The _______ defense is used when people break the law in order to save themselves or prevent some greater harm.
a. duress
b. self-defense
c. necessity
d. infancy
e. mistake of fact
85. Which of the following defenses is NOT an excuse defense?
a. insanity
b. entrapment
c. necessity
d. infancy
e. mistake of fact
Mary has just been arrested for possession of marijuana. During the arrest, Bill entered Mary’s apartment and tried to
intervene on Mary’s behalf, but the effort became an altercation and he, too, was arrested. The scuffle Bill had with the
police resulted in Mary being hurt.
86. To get a court to order Bill to cover her medical bills, Mary would be using which type of law?
a. substantive criminal law
b. procedural criminal law
c. real estate law
d. civil law
e. cooperative law
87. Mary possessed marijuana grown in Mexico, and she was found with more marijuana than she would
probably use. She will likely be charged with a:
a. felony.
b. misdemeanor.
c. civil infraction.
d. criminal element.
e. transnational crime.
88. Bill was charged with interfering with a police officer, assault on a police officer, and possession of a gun while on
probation. Bill will likely be charged with what type of crime?
a. felony
b. misdemeanor
c. civil infraction
d. criminal element
e. an organized criminaloffense
Completion
89. Criminal law is divided into ____________________ and ____________________ law.
90. ____________________law governs business deals, contracts, and other interpersonal agreements between
individuals in society.
91. ______________ are those crimes that can lead to incarceration for a year or more in state or federal prison.
92. When the harm the law seeks to prevent has not been done, but planned or attempted, this is called an
____________________offense.
93. ____________________law defines an offense against society.
94. The act, the attendant circumstances, and the intent are the _______ to the crime.
95. A criminal act of commission (or omission) is referred to as ____________________.
96. ____________________refers to a guilty state of mind.
97. For an act to be considered a crime, the intent and act must be present at the same time, which is known as
_____________.
98. Someone who was lured into committing a crime by the government can use the defense of ____________________.
99. A person who feels that he or she is in immediate danger of being harmed by another person may ward off the attack
in ___________.
100. A person who was forced to commit a crime is under ____________________.
101. The “right-from-wrong” test is part of the ____________________rule.
102. The first 10 amendments added to the Constitution in 1791 are called the ____________________.
103. When the accused “pleads the fifth,” they are invoking their right against ____________________.
104. The protection against _______ _______ means that a person may be subjected to only one prosecution or
punishment for a single offense within the same jurisdiction.
105. The _______ ________ guarantees the right of the people to be secure in their person, houses, papers, and effects,
against unreasonable searches and seizures.
106. The process of ____________________extended portions of the Bill of Rights to the states.
107. The ________ _________ protects against excessive fines as well as cruel and unusual punishment.
108. Under the doctrine of ____________________ fairness, as long as a state’s conduct is fair, it has not violated the
Constitution.
109. The purpose of ________ is to allow for the release of the accused while he or she is awaiting trial.
110. A ____________ is a body of citizens drawn from the community to hear evidence from the prosecutor in order to
determine whether there is sufficient basis to move forward with a trial.
111. The case of Gideon v. Wainwright (1963) confirmed that indigent defendants had the right to
____________________.
112. Torture is not allowed as a punishment in the United States, as it has been deemed ___________________________
by the Supreme Court.
113. The court case of ______ __ ______, which involved a former soldier who was deprived of U.S. citizenship for
deserting his post during World War II, established the standard for interpreting when a punishment is deemed cruel and
unusual.
114. The ideological makeup of the current Supreme Court tends to be more ______ than liberal.
115. When a vacancy occurs on the Supreme Court, the ______ nominates the replacement.
116. ______ means that there must be a law that defines the specific action as a crime.
117. The Supreme Court case _________ decided that indigent defendants have a right to counsel when charged
with serious crimes for which
they could face six or more months of incarceration.
118. The first 10 amendments added to the U.S. Constitution to provide specific rights for individuals, including criminal
justice rights concerning searches, trials, and punishments are called _________.
119. _______ are actions based on self-defense or necessity in which the individual reasonably felt obligated to cause
harm, but the actions were those that are recognized and accepted by society as essential to the individual’s self-
preservation.
120. _______ focus on the actor and whether the actor fulfilled the elements required for being held responsible under a
criminal statute.
121. ______ __________ are minor offenses that are usually punishable by a small fine and produce no criminal record.
Subjective Short Answer
James Jones has recently been found not guilty of first degree murder of Lisa Smith. The victim’s family has decided to
have the case tried as a wrongful death case in a different court. James Jones believes that he is free from additional court
activity due to rights guaranteed by the constitution. Several weeks later, Mr. Jones is given notice of his new upcoming
court date.
122. If James is summoned to a courtroom to stand accused, most likely he will be tried under what type of law?
a. criminal law
b. civil law
c. procedural law
d. legal responsibility
e. moral obligation
123. Since James had originally been charged with first degree murder, he would have been thought to have had the
thought process available to plan and carry out the murder, which could be defined as ______.
a. the insanity defense
b. actus reus
c. mens rea
d. causation
e. culpability
124. James had determined that he was protected against being tried again for the same crime. What amendment gives
him this protection, if any?
a. Fifth amendment
b. Sixth amendment
c. Eighth amendment
d. Tenth amendment
125. James was assigned an attorney for the duration of his first trial because he was indigent. This particular guarantee is
provided by the:
a. First Amendment.
b. Fifth Amendment.
c. Sixth Amendment.
d. Eighth Amendment.
John Massey has been charged with first degree forcible rape. He is a college-educated Caucasian businessman who is
married with three children. Mr. Massey feels certain that a jury of his peers will find him innocent of the charges based
upon the specific forensic evidence, which most likely will be presented.
126. After the jury has been selected, Mr. Massey becomes irate and feels that his constitutional rights have been violated.
The jury consists of 12 men and women, of which only one holds a college degree. Five of its members are Caucasian,
three are African American, two are Asian, and two are Hispanic. Eight of the members are female and four are males. Is
Mr. Massey correct in believing that this jury is not a jury of his peers?
a. Yes, jurors are to be composed of the same attributes as the accused in socioeconomic, marital, and sex.
b. Yes, jurors are always required to have a college education.
c. No, jurors are to be comprised of a cross section of the community.
d. No, jurors are hired and paid by the court system.
127. The jury selection process for Mr. Massey is stipulated in what amendment?
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Eighth Amendment
128. At the conclusion of Mr. Massey’s trial, he is found guilty and sentenced to life in prison without parole. This would
be an example of:
a. fair punishment.
b. cruel and unusual punishment.
c. adequate punishment.
d. presumptive punishment.
Jason Blue arrived home from work at approximately 5:45 pm. As he approached the front door, he heard his pet
Rottweiler, Zeus, barking and growling. As Mr. Blue entered the home, he realized that there was an unarmed man pinned
to the ground by Zeus. Mr. Blue quickly retrieved his 40-caliber gun and shot the intruder in the head rendering him dead.
129. Mr. Blue will most likely claim the defense of:
a. necessity.
b. self-defense.
c. duress.
d. entrapment.
130. The defense can claim that Mr. Blue should have responded by:
a. shooting the intruder in the leg.
b. telling his dog to bite the intruder.
c. retreating from the home and contacting law enforcement.
d. beating the intruder until law enforcement arrives.
131. Mr. Blue may actually be charged with which of the following crimes?
a. first-degree murder
b. necessity
c. self-defense
d. crime of passion
Essay
132. 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.
133. List and explain the seven principles of criminal law based upon a recent sensationalized case. Make sure you
include each principle in detail.
134. Compare and contrast both self-defense and necessity. Write a scenario for each defense that would justify its use.
Determine if society is in support of both defenses.
135. How does the U.S. Supreme Court impact procedural law? List specific court cases that have impacted the justice
system as a whole.
136. 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?
137. 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?
138. In your opinion, 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.
139. 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.
140. With many court cases taking well over a year to go to trial, explain what the nation’s founders meant by the right to
a speedy and public trial. Who determines what is “speedy”?
141. Explain the concept of an impartial jury. Can an impartial jury ever exist? Would the concept of a professional jury
infringe upon this Sixth Amendment guarantee?
142. Explain how the Supreme Court’s ideological makeup may change over time. What circumstances must be present?
Explain. Do vacancies automatically translate into changes in the Court’s dominant ideology?