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1. The processes followed by police, prosecutors, and judges as well as the rights possessed by suspects and
defendants are defined by
a. procedural criminal law
b. substantive criminal law
c. constitutional criminal law
d. fundamental criminal law
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
3. Laws and rules made by federal, state, and local agencies are called
a. case law
b. precedent
c. administrative regulations
d. common law
4. An act can be deemed criminal if it could eventually lead to harm that the law seeks to prevent. This is called a(n)
a. mens rea
b. inchoate offense
c. defamation
d. actus reus
5. For an act to be a crime, the intent and the act must exist simultaneously. This is called
a. mens rea
b. inchoate offense
c. concurrence
d. actus reus
6. If a person has a guilty mind or a blameworthy state of mind, this describes the element of
a. mens rea
b. inchoate offense
c. defamation
d. actus reus
7. 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
8. The elements of a crime consist of
a. actus reus, inchoate defense, and concurrence
b. mens rea, inchoate defense, and punishment
c. attendant circumstances, mens rea, and actus reus
d. actus reus, causation, and inchoate defense
9. The phrase that distinguishes murder from nonnegligent manslaughter is
a. parens patriae
b. mala prohibita
c. in re: Gault
d. malice aforethought
10. Which of the following is a necessary element in the definition of rape?
a. physical evidence
b. witnesses
c. alcohol use
d. force
11. A major exception to the mens rea principle is called
a. strict liability
b. civil forfeiture
c. minimal scrutiny
d. actus reus
12. Entrapment occurs when
a. a police officer commits a crime
b. a citizen commits a crime in the presence of a police officer
c. a citizen knowingly violates the law
d. a police officer entices a citizen to commit a crime that he or she was not predisposed to commit
13. When people break the law in order to save themselves or prevent a greater harm, they will likely use this defense
in court:
a. self-defense
b. entrapment
c. necessity
d. duress
14. Which of the following is TRUE about the insanity defense?
a. many criminals escape punishment using the insanity defense
b. criminals never use the insanity defense
c. the insanity defense is rarely used by criminals
d. the American criminal system has banned the use of the insanity defense
15. The idea that insanity may in each case involve a different combination of many factors at the time the crime is
committed is called the :
a. Durham Rule
b. M'Naghten Rule
c. Substantial Capacity Test
d. Irresistible Impulse Test
16. The test used by most states to determine insanity today is called the
a. Nolo contendere test
b. IQ test
c. DNA test
d. Right-from-wrong test
17. Which amendment protects privacy by barring unreasonable searches by police?
a. Third
b. Fourth
c. Fifth
d. Sixth
18. The right to a fair trial is found in the
a. Third Amendment
b. Fourth Amendment
c. Fifth Amendment
d. Sixth Amendment
19. Which Chief Justice of the United States Supreme Court led a legal revolution that expanded the constitutional
rights of criminal defendants?
a. Rehnquist
b. Marshall
c. Taney
d. Warren
20. Which of the following landmark United States Supreme Court cases required courts to provide attorneys for poor
defendants facing the death penalty?
a. Furman v. Georgia (1972)
b. Weeks v. United States (1914)
c. Barron v. Baltimore (1833)
d. Powell v. Alabama (1932)
21. Which amendment contains the warrant clause?
a. First
b. Second
c. Third
d. Fourth
22. The double jeopardy clause is found in the
a. Third Amendment
b. Fourth Amendment
c. Fifth Amendment
d. Sixth Amendment
23. The privilege against self-incrimination is found in the
a. Third Amendment
b. Fourth Amendment
c. Fifth Amendment
d. Sixth Amendment
24. 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)
25. The right to a trial by jury is guaranteed by the
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Seventh Amendment
26. The right against cruel and unusual punishment is found in the
a. Seventh Amendment
b. Eighth Amendment
c. Ninth Amendment
d. Tenth Amendment
27. Which amendment requires that the amount of bail not be excessive?
a. Seventh Amendment
b. Eighth Amendment
c. Ninth Amendment
d. Tenth Amendment
28. According to the Sixth Amendment, a jury must be
a. of the same race as the defendant
b. sympathetic to the defendant
c. well educated, to understand the proceedings
d. created from a representative pool of the community
29. In the United States, there is no distinction between criminal and civil law.
a. True
b. False
30. The underlying source of American law is the common law of England.
a. True
b. False
31. Criminal and civil proceedings may arise from the same crime.
a. True
b. False
32. All societies and cultures base their criminal law on the same principles.
a. True
b. False
33. Offenders who do not have mens rea and have not committed a strict liability offense should not be found guilty.
a. True
b. False
34. Entrapment cannot be used as a defense in a criminal trial.
a. True
b. False
35. The insanity defense is used in most cases in the American criminal justice system.
a. True
b. False
36. A person could be punished for killing a pigeon if a state legislature passed a law against killing pigeons on the day
after the pigeon was killed.
a. True
b. False
37. 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
38. For an act to be deemed criminal, the intent and the act can occur at different times.
a. True
b. False
39. Procedural due process requires that the constitutional rights of criminal defendants must be respected.
a. True
b. False
40. Public opinion always supports the decisions of the United States Supreme Court.
a. True
b. False
41. According to the Fifth Amendment's double jeopardy clause, a defendant may be tried for the same offense in the
same jurisdiction on the same date twice.
a. True
b. False
42. The Bill of Rights has always protected individuals' rights at the state level.
a. True
b. False
43. The due process and equal protection clauses are found in the Fourteenth Amendment.
a. True
b. False
44. The current position of The U.S. Supreme Court is that the death penalty is cruel and unusual punishment, and
therefore unconstitutional.
a. True
b. False
45. An inchoate offense does not require mens rea to prosecute.
a. True
b. False
46. According to the courts, accidents occur when there is no mens rea.
a. True
b. False
47. The Bill of Rights has been completely incorporated and applied to the states.
a. True
b. False
48. For much of United States history, criminal defendants were not guaranteed the right to an attorney in all states.
a. True
b. False
49. All current justices on the U.S. Supreme Court were appointed by George W. Bush.
a. True
b. False
50. States can provide more protection of individual rights than does the United States Constitution.
a. True
b. False
51. Defamation is one of the seven principles of substantive criminal law.
a. True
b. False
52. The common law system originated in ____________________.
53. Judicial decisions guided by past cases are called ____________________.
54. Criminal law is divided into ____________________ and ____________________ law.
55. ____________________ law defines relationships between individuals in society.
56. ____________________ law defines an offense against society.
57. ____________________ refers to a guilty state of mind.
58. The act of committing a crime is referred to as ____________________.
59. Thekeycomponentoftheentrapmentdefenseisthedefendant’s____________________tocommitacrime.
60. A person who was forced to commit a crime is under ____________________.
61. The ____________________ was used as a defense if someone committed a criminal act as a result of mental
illness.
62. The constitutional amendments that deal with criminal defendants' rights are the Fourth, _________________,
____________________, and ____________________.
63. The first ten amendments added to the Constitution in 1791 are called the ____________________.
64. The chief justice of the United States Supreme Court who brought about a due process revolution was named
____________________.
65. Criminal procedures must meet a basic standard of ______________________________, according to the
Supreme Court.
66. Explain the difference between criminal law and civil law.
67. Discuss the legal arguments as to why and why not the death penalty violates the Eighth Amendment right against
cruel and unusual punishment?
68. Explain why intoxication can be used as a criminal defense, and provide an example of a case in which intoxication
might relieve an offender of responsibility.
69. Your textbook discusses the difference between "not guilty by reason of insanity" and "guilty but mentally ill."
Which do you think is the best way to deal with mentally ill offenders? How does mens rea affect the difference
between these two verdicts?
70. Discuss how Presidential appointments can have an impact of the appointment of US Supreme Court Justices.
71. The Anglo-American system of uncodified law, in which judges follow precedents set by earlier decisions when
they decide new but similiar cases.
a. written law
b. statutes
c. common law
d. case law
72. Laws passed by legislatures. Statutory definitions of criminal offenses are found in penal codes.
a. written law
b. statutes
c. common law
d. case law
73. The basic laws of a country or state defining the structure of government and the relationship of citizenships to that
government.
a. constitutions
b. administrative regulations
c. statutes
d. forfeiture
74. The confiscation of property by the state because it was used in or acquired through a crime.
a. constitution
b. civil forfeiture
c. felony
d. misdemeanor
75. For a crime to have been committed, there must be a causal relationship between an act and the harm suffered,
which is known as _______.
a. legality
b. actus reus
c. causation
d. harm
76. Threefactors—theact(actusreus),theattendantcircumstances,
andthestateofmind(mensrea)—aretogethercalledthe______ofacrime.
a. inchoate offense
b. concurrence
c. legality
d. elements
77. The courts have generally upheld the view that ignorance of the law is not excuse for committing an illegal act, but
if an accused person has made a (an) _________, that may serve as a defense.
a. mistake of fact
b. intoxication
c. infancy
d. duress
78. A body of citizens that determines whether the prosecutor possesses sufficient evidence to justify the prosecution
of a suspect for serious crime.
a. True
b. False
79. Indigent defendants are those who pay for their own attorney.
a. True
b. False
80. The US Supreme Court Chief Justice is currently John Roberts.
a. True
b. False
81. The Supreme Court ruled in 1993 that the forfeiture of property related to a criminal case can be analyzed for
possible violation of the _______ clause.
82. The _________ does not refer to a jury of one's peers, instead the Supreme Court has held that the amendment
requires a selection process from a cross section of the community.
83. Through the process of ________ the Supreme Court during the Warren Court era declared that elements of the
Fourth, Fifth, Sixth, Eighth,
and other amendments were part of the due process clause of the Fourteenth Amendment.
84. __________ is the subjecting of a person to prosecution more than once in the same jurisdiction for the same
offense; prohibited by the Fifth Amendment.
85. Protection against _________ means that people cannot be forced to respond to questions whose answers may
reveal that they have committed a crime.
86. The defense of ________ arises when someone commits a crime because another person coerces him or her.
87. Conviction on a _______ charge usually means that the offender may be given a prison sentence of more than a
year of imprisonment.
88. Explain the concept of double jeopardy and its significance to the criminal justice system.
89. Explain the difference between murder and manslaughter.
90. Explain why does process is such a vital component to the modern day criminal justice system.
91. What is the current composition of the US Supreme Court? Does it lean more liberal or conservative? Will this
change in coming years?
92. Why did the nation's founders feel that it was of the utmost importance to have the right to a speedy and public
trial?
Shelby was recently found not guilty of strong armed robbery. She had a jury trial that ruled in her favor.
Moments after the ruling came down, Shelby turned and looked at the jury and said, "Ha, ha, I am guilty and there
is nothing you can do about it now". The jurors were shocked and wanted to change their verdict. Shelby laughed
all the way home.
93. Shelby cannot be retried for the same crime in the same jurisdiction based upon _________.
a. incorporation
b. fundamental fairness
c. self-incrimination
d. double jeopardy
94. Shelby was found not guilty by an impartial jury. This right was protected by which amendment?
a. 4th Amendment
b. 5th Amendment
c. 6th Amendment
d. 8th Amendment
95. Shelby was allowed to present her case in a public trial. This right was given to her based upon which
Amendment?
a. 4th
b. 5th
c. 6th
d. 8th
Rashaad arrived at work one morning feeling under the weather. By lunch time, he decides to take sick leave and
go home. Upon arrival at his house, he sees his best friend's car in the drive. Rashaad becomes concerned that
something may be wrong with his wife. As he opens the door to his bedroom, he sees his wife and best friend in a
compromising position. In shock, Rashaad grabs his gun, shoots, and kills his wife and friend.
96. Rashaad's intent was to kill his wife and friend. It could be said he had a guilty state of mind, which would be his
___________.
a. mens rea
b. concurrence
c. actus reus
d. causation
97. Rashaad killed his wife and friend by an act of commission. This is the __________.
a. mens rea
b. concurrence
c. actus reus
d. causation
98. Rashaad committed the act of murder, which is prohibited by the law in all states in the US. This is known as
________.
a. legality
b. actus reus
c. legality
d. causation
99. Rashaad states that he was not in the proper state of mind when the murders were committed. Which excuse
defense is he most likely to use?
a. duress
b. entrapment
c. infancy
d. insanity
Mike was sitting in his home watching a late night baseball game when he heard what sounded like someone trying
to break into his home. He immediately went to his closet and retrieved his 9mm. Within seconds, two men broke
through the door armed with their own guns. Mike quickly shot both men and immediately called law enforcement.
When first responders arrived on scene both men were pronounced dead. Mike was in shock that he actually was
responsible for the death of two men. Within 6 months, Mike was informed he was being sued by one of the
deceased intruder's family; he was being sued for wrongful death. Mike wondered if his rights would be validated.
100. Mike will not be charged with this crime because he most likely use the justification defense of ________.
a. entrapment
b. self-defense
c. necessity
d. duress
101. The intruder's family plans to sue Mike as a wrongful death case under what kind of law?
a. criminal
b. substantive law
c. procedural law
d. civil
102. The ___________ will protect Mike from being charged and protect his due process rights.
a. US Constitution
b. State Constitution
c. Magna Carta
d. Articles of Confederation
