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1. Substantive criminal law is primarily concerned with:
a.
Compensating the injured party for harm.
b.
Defining crimes and their punishment.
c.
Setting out the basic rules of practice in the criminal justice system.
d.
Dealing with the government and its relationships with individuals or other governments.
2. Which type of law deals with the state of government agencies and controls their administrative relationships with
individuals, corporations, or other branches of government?
a.
Substantive criminal law
b.
Procedural criminal law
c.
Civil law
d.
Public law
3. Which of the early forms of judicial proceedings involved a determination of guilt based on the ability of the accused to
withstand placing his hand in boiling water or holding a hot iron?
a.
Trial by ordeal
b.
Trial by combat
c.
Trial by fire
d.
Trial by jury
4. Civil law includes all of the following except:
a.
Criminal.
b.
Contract.
c.
Commercial.
d.
Tort.
5. Which early legal charter was formulated because previously unwritten legal codes gave arbitrary and unlimited power
to the wealthy?
a.
Code of Hammurabi
b.
Mosaic Code
c.
Roman Twelve Tables
d.
U.S. Code
6. Which of the following is true concerning criminal law and tort law?
a.
In criminal law, the right of enforcement belongs to the state.
b.
In tort law, the right of enforcement belongs to the state.
c.
Tort law is a public offense.
d.
In criminal law, the individual receives damages as compensation for harm done.
7. Laws that are created and retroactively enforced are known as:
a.
Ex post facto laws
b.
Bills of attainder
c.
Habeas corpus
d.
Writ of certiorari
8. Which of the following is not one of the categories into which crimes are classified?
a.
Felonies
b.
Misdemeanors
c.
Torts
d.
Violations
9. The term actus reus refers to the:
a.
Measurement of mental ability.
b.
Exclusion of omission.
c.
Guilty person.
d.
Guilty act.
10. Criminal negligence is a form of:
a.
Stare decisis.
b.
Mala in se.
c.
Mens rea.
d.
Actus reus.
11. When an offender is charged with a crime for which the government failed to make enactment of the crime public, this
is the defense of:
a.
Justification.
b.
Ignorance or mistake.
c.
Entrapment.
d.
Necessity.
12. If a pregnant woman in labor stole a car because she feared delivery of her baby was imminent and she had no other
means of transportation, she may use the defense of:
a.
Recklessness.
b.
Duress.
c.
Mistake.
d.
Necessity.
13. The term insanity:
a.
Means a type of mental illness.
b.
Has standard legal symptoms.
c.
Is a legal concept only.
d.
Has not been addressed by statute.
14. Excuse defense ultimately rests on proving:
a.
Presumption of guilt.
b.
Lack of intent.
c.
Existence of extenuating circumstances.
d.
Lack of ability to commit the crime.
15. Florida’s Stand Your Ground law authorizes citizens to use __________ when they reasonably believe that their
homes or vehicles have been illegally invaded.
a.
No force
b.
Equal force to the offender
c.
Reasonable force
d.
Deadly force
16. Which of the following is the determining factor in a successful defense of entrapment?
a.
Whether a felony or misdemeanor was committed
b.
The predisposition of the defendant
c.
The subjective state of the officer
d.
The corollary intent of the arresting officer
17. When may a criminal statute no longer be enforceable?
a.
When the president declares them unconstitutional
b.
When an appellate judge rules that it is vague or is an unfair exercise of state control over an individual
c.
When the police rule that the acts are no longer of interest to the public
d.
When the people declare them unconstitutional
18. The ______ Amendment prohibits excessive bail.
a.
Fourth
b.
Fifth
c.
Eighth
d.
Fourteenth
19. Which defense would be most applicable to the situation of a bank employee forced to divert funds into a special
account by criminals who are holding her family hostage?
a.
Duress
b.
Entrapment
c.
Necessity
d.
Consent
20. The _____ Amendment is the vehicle used to apply the protection of the Bill of Rights to the states.
a.
Fourth
b.
Fifth
c.
Eighth
d.
Fourteenth
21. Which constitutional amendment outlaws illegal searches and seizures by police?
a.
First
b.
Fourth
c.
Fifth
d.
Eighth
22. Due process can be divided into two distinct categories. These include:
a.
Substantive and procedural.
b.
State and federal.
c.
Criminal and appellate.
d.
Felony and misdemeanor.
23. Which element of a crime is not required for strict liability crimes?
a.
Stare decisis
b.
Mala in se
c.
Mens rea
d.
Actus reus
24. Which determines what types of conduct constitute felonies or misdemeanors?
a.
Common law
b.
Judges
c.
Statutes
d.
U.S. Constitution
25. Which classification of crime is punishable by death?
a.
Felony
b.
Misdemeanor
c.
Strict liability crime
d.
Offense
26. In order for a robbery to occur, the robber must acquire the victim’s possessions. This is referred to as:
a.
Asportation.
b.
Confiscation.
c.
Strict liability.
d.
Transportation.
27. The _____________Amendment guarantees the right to confront any prosecution witnesses.
a.
Fourth
b.
Fifth
c.
Sixth
d.
Eighth
28. During an argument, Carl murders his wife. The act of murder is a violation of which type of law?
a.
Substantive criminal law
b.
Procedural criminal law
c.
Civil law
d.
Public law
29. During their investigation of the murder of Carl’s wife, the police conduct a search of Carl’s home without first
procuring a warrant. Carl asserts that the police search was unlawful and a violation of which type of law?
a.
Substantive criminal law
b.
Procedural criminal law
c.
Civil law
d.
Public law
30. Which of the following would constitute an example of an ex post facto law?
a.
A law against a new drug that punishes sellers of the drug who were doing business before the law went into
effect.
b.
A new law that imposes an even longer prison sentence for possession of the drug than previous laws.
c.
A law that lowers the standard of proof required for convicting sellers of the drug.
d.
All are examples of ex post facto laws.
31. Mike walks in to a bank with a handgun. He approaches one of the tellers, flashes the gun, hands her a paper sack, and
demands she fill the sack with money. By physically committing this act of robbery, Mike has satisfied which of the
requirements for conviction?
a.
Mens rea
b.
Actus reus
c.
Strict liability
d.
Reckless endangerment
32. Mike’s intent to rob the bank satisfies which of the requirements for conviction?
a.
Mens rea
b.
Actus reus
c.
Strict liability
d.
Reckless endangerment
33. Which of the following is not considered an excuse defense?
a.
Duress
b.
Insanity
c.
Intoxication
d.
Self-defense
34. If a police officer shoots an armed suspect, which defense is the most appropriate to use?
a.
Duress
b.
Necessity
c.
Law enforcement
d.
Entrapment
35. Which of the following is not considered an element of procedural law?
a.
The right to remain silent
b.
Laws prohibiting search and seizure
c.
The self-defense doctrine
d.
Laws limiting bail amounts
CASE 4.1
Johnny has been burglarizing houses since he was 12 years old. He is now 25 years old, and he is becoming more
violent in his crimes. Now he actually commits his burglaries when people are home, and he is in possession of a
firearm when he commits his burglaries. The elements of an armed burglary include:
• Willfully entering a dwelling.
• Be armed or arming oneself after entering the house or committing an assault on a person who is lawfully in
the house.
• Knowingly and intentionally committing the crime.
36. Johnny is looking at spending many years in prison if he is convicted of the most recent armed burglary of which he is
accused. Because of the potential punishment, the crime of armed burglary most like qualifies as a:
a.
Felony.
b.
Misdemeanor.
c.
Tort.
d.
Violation.
37. In addition to armed burglary charges, Johnny is being investigated for statutory rape charges. He has been having
sexual relations with his girlfriend, who is 14 years of age. She lied to Johnny and told him she was 19 years old.
Prosecutors are able to prove that she is 14 years of age, which means she is younger than the age of consent for sexual
intercourse in the jurisdiction where the sexual relations took place. Johnny claims that he should not be charged with this
crime because he did not have the intent to commit a crime. He claims it was an honest mistake because his girlfriend
looks a lot older. According to the law, Johnny can still be held responsible for his actions because this crime qualifies as
a:
a.
Felony.
b.
Misdemeanor.
c.
Criminal negligence.
d.
Strict liability crime.
CASE 4.2
Adam is a 16-year-old who has a history of strange behavior. He is now being homeschooled by his mother because
he has a difficult time relating to his peers. His psychologist has diagnosed him with bipolar disorder. One
afternoon, Adam goes to the high school that he once attended. He brings his father’s revolver and attempts to
shoot a few of his former classmates and a teacher. He misses all of his targets and flees the school. He is later
apprehended in his home when the principal is able to identify him through the school’s video surveillance.
38. Adam is certain that he is not old enough to get in trouble for the crime of attempted murder. His lawyer explains to
him that there is a conclusive presumption of incapacity for a child under age ____ and that he is legally allowed to be
charged for these crimes.
a.
7
b.
10
c.
14
d.
18
39. Adam tells his attorney he should not be responsible for these charges because he was drunk when he went to the
school to commit these offenses and that he did not know what he was doing. Under which circumstance would Adam
possibly have a legitimate defense of intoxication?
a.
He voluntarily drank the alcohol in his house that his mother left in an unlocked liquor cabinet.
b.
He drank only beer and not the vodka that was available.
c.
He became intoxicated when he drank the juice in the refrigerator that he did not know was spiked with rum,
and the alcohol mixed with his medication for his bipolar disorder.
d.
His mother would often serve Adam alcohol during their homeschooling sessions.
40. In the jurisdiction where Adam is being charged with attempted murder, they use the Irresistible Impulse test in
determining insanity. What are the requirements of the Irresistible Impulse test?
a.
The defendant could not tell “right from wrong.”
b.
The defendant did know that his actions were illegal, but because of a mental impairment, he couldn’t control
his behavior.
c.
The unlawful act was the product of mental illness.
d.
There is a lack of substantial capacity to control one’s behavior.
41. Adam’s lawyer attempts to have Adam’s confession thrown out of the criminal trial as evidence because he believes
the confession was obtained unfairly. Which amendment will Adam’s lawyer use to argue against the use of his
confession?
a.
Fourth
b.
Fifth
c.
Sixth
d.
Eighth
42. The roots of the criminal codes used in the United States can be traced back to such early legal charters as the
Babylonian Code of Hammurabi and the Mosaic Code of the Israelites.
a.
True
b.
False
43. One goal of the substantive criminal law is to express public opinion and morality.
a.
True
b.
False
44. An immediate relationship must always exist between the act and the actor’s intent for a crime to occur.
a.
True
b.
False
45. An example of a strict liability crime is robbery.
a.
True
b.
False
46. Insanity is a justification defense.
a.
True
b.
False
47. Voluntary intoxication can be used as a successful defense under some circumstances.
a.
True
b.
False
48. Self-defense as a justification requires imminent danger and an inability to escape from the attacker.
a.
True
b.
False
49. The nature and definition of due process remains unchanged across historical time periods.
a.
True
b.
False
50. Law banning same-sex relations are now unconstitutional and unenforceable as a result of the Supreme Court’s
decision relating to substantive due process.
a.
True
b.
False
51. The right to counsel and the opportunity to respond to charges are substantive due process issues.
a.
True
b.
False
52. Stopping, questioning, or searching an individual without legal justification represents a serious violation of the Fourth
Amendment.
a.
True
b.
False
53. Strict liability crimes are also known as public safety crimes.
a.
True
b.
False
54. Children under the age of 18 cannot be charged with a crime.
a.
True
b.
False
55. Mala in se crimes are statutory crimes that reflect existing social conditions.
a.
True
b.
False
56. Criminal and civil law can be interrelated.
a.
True
b.
False
57. Mala prohibitum is a legal principle by which the decision in an earlier case becomes the standard.
a.
True
b.
False
58. The contemporary U.S. legal system is codified by the state legislatures and the U.S. Congress.
a.
True
b.
False
59. Carl is found guilty of murdering his wife. Under the concept of civil law, Carl’s in-laws can file a lawsuit against
Carl for wrongful death.
a.
True
b.
False
60. U.S. criminal law is static and unchanging.
a.
True
b.
False
61. Laws should be written in language that is both clear and precise so as to avoid confusion.
a.
True
b.
False
62. Each state has its own body of criminal law, and offense severity. Therefore, sanctions for various offenses can vary
greatly from state to state.
a.
True
b.
False
63. Possession of marijuana is an example of a strict liability crime.
a.
True
b.
False
64. It is possible to defend against a speeding ticket by claiming a mistake of fact.
a.
True
b.
False
65. A verbal threat is sufficient grounds for physical action that can be justifiable as self-defense.
a.
True
b.
False
66. The Patriot Act extends authority to the FBI to monitor telephone and Internet contacts without the need to
demonstrate that they were being used by a suspect or were a target of a court order.
a.
True
b.
False
67. The Fifth Amendment protects against double jeopardy.
a.
True
b.
False
68. __________ is a form of mens rea, when a person’s careless and inattentive actions cause harm.
69. Most self-defense statutes require a _____________ before reacting to a threat with physical violence.
70. A ____________________ is a broad category of criminal defenses claiming that a criminal act occurred but that it
was reasonable under the circumstances.
71. Megan’s Law incorporated community notification and sex offender ___________.
72. The ____________________ Amendment was the basis of the Supreme Court’s Miranda decision.
73. Issues pertaining to the defendant’s right to a speedy trial are subject to interpretation under the
____________________ Amendment.
74. The ____________________ Amendment prohibits cruel and unusual punishment.
75. The ____________________ Amendment guarantees a public trial by an impartial jury.
76. ________________ governs the administration and regulation of city, county, state, and federal government agencies.
77. In common law, offenses that are by their own nature evil, immoral, and wrong, are referred to as
____________________.
78. A ________________ is lower than a felony and is generally punishable by a fine or imprisonment in other than a
penitentiary.
79. Many of the laws still in effect today are a throwback to British ________________ law.
80. The ________________ defense is used when the defendant’s state of mind at the time of the crime negates
responsibility.
81. Under new provisions put in place by President Obama, under the Patriot Act, the government can track
“___________________,” individuals thought to be connected to terrorist groups.
82. The _________________________ dictates that evidence obtained illegally cannot be admitted in a criminal court of
law.
83. _________________________ due process refers to a citizen’s rights to be protected from biased, discriminatory, or
unfair criminal laws.
84. _________________________ due process seeks to ensure that no person will be deprived of life, liberty, or property
without legal process.
85. Discuss the four broad categories into which law can be divided.
86. Discuss the historical development of criminal law in the United States.
87. What elements must be proven in order for an individual to be accused and convicted of a crime?
88. What is the insanity defense? Which test to determine insanity is used in the majority of states?
89. How does the defense of duress differ from the defense of necessity?
90. In your opinion, which Amendment of the Bill of Rights related to criminal procedure is most important to the
operation of the criminal justice system? Why?
91. Discuss the seven goals of substantive criminal law.
92. List the procedural due process rights that are guaranteed to an individual. Describe the importance of procedural due
process.
93. Explain the confusion over the right to bear arms. Be sure to explain both sides of the argument as to why the statute
has been considered relevant and irrelevant today.
94. Explain how the decriminalization of marijuana in some states runs afoul of federal law.
