Chapter 2
LAW AND CRIME
TEST BANK
MULTIPLE CHOICE
1. The key characteristics of common law include all of the following, except:
a. predominately judge-made c. found in multiple sources
b. based on justice d. applies rules of law found in previous cases
2. The burden of proof required for a victory in a civil case is:
a.
preponderance of evidence
c.
probable cause
b.
beyond a reasonable doubt
d.
reasonable suspicion
3. Much of the Bill of Rights has been made applicable to the states through the:
a.
Fourth Amendment
c.
legislative process
b.
doctrine of precedent
d.
Fourteenth Amendment
4. The prosecution always bears the burden of persuading the trier-of–fact that the
defendant:
a. is guilty based on clear and convincing evidence.
b. committed the majority of the elements of the crime(s) charged
c. committed each and every element of the crime(s) charged
d. is guilty and deserves to be punished to the fullest extent of the law
5. In what type of plea bargain does the defendant plead guilty to a less serious offense than
the one charged?
a.
sentence bargaining
c.
defense bargaining
b.
charge bargaining
d.
prosecution bargaining
21
6. Which of the following is not an element of a crime?
a.
Mens rea
c.
Attendant circumstances
b.
Actus reus
d.
Guilty conscience
7. Mens rea refers to the:
a.
guilty act
c.
scene of the crime
b.
body of the crime
d.
guilty mind
8. Which Amendment to the U.S. Constitution prohibits unreasonable searches and
seizures?
a.
First Amendment
c.
Fifth Amendment
b.
Fourth Amendment
d.
Eighth Amendment
9. Which two Amendments to the U.S. Constitution mention due process?
a.
Fifth and Sixth
c.
Fifth and Fourteenth
b.
Eighth and Tenth
d.
Eighth and Fourteenth
10. Victims of crime are increasingly resorting to:
a.
notifying law enforcement
c.
vigilantism
b.
criminal prosecution
d.
civil litigation
11. What is the name of rules and regulations adopted by administrative agencies that have
the force of law?
a.
statutory regulations
c.
administrative regulations
b.
constitutional regulations
d.
due process regulations
12. A court order directing a specific action or lack of action is known as an:
a.
interrogatory
c.
injunction
b.
indictment
d.
interdiction
22
13. An example of a legal attendant circumstance would be:
a.
the credibility of eyewitnesses
c.
the defendant’s getaway vehicle
b.
the defendant’s character
d.
the amount of money or goods stolen
14. The primary justification for providing constitutional safeguards in the criminal justice
process is to ensure that:
a. innocent persons are not harassed or wrongly convicted
b. the guilty are punished
c. society administers justice to the accused
d. convictions are not overturned on appeal
15. Which of the following is the highest burden of proof?
a.
Clear and convincing evidence
c.
Probable cause
b.
Preponderance of evidence
d.
Proof beyond a reasonable doubt
16. What is the body of rules, other than criminal law, that governs private parties?
a.
inheritance law
c.
production law
b.
civil law
d.
attempt law
17. A common civil remedy used in drug cases is:
a.
writ of habeas corpus
c.
asset forfeiture
b.
mandatory minimum sentences
d.
declaratory damages
18. This Amendment to the U.S. Constitution guarantees the right to counsel.
a.
Fourth
c.
Sixth
b.
Fifth
d.
Eighth
19. The party who initiates a civil suit is known as the:
a.
Appellant
c.
appellee
b.
Victim
d.
plaintiff
23
20. Laws created by federal and state legislatures are known as:
a. ordinances b. administrative regulations
b. statutes c. legislation
21. The guilty act, guilty intent, relationship between guilty act and guilty intent, attendant
circumstances, and results combined make up what is known as…
a.
elements of juvenile delinquency
b.
elements of administrative law
c.
elements of civil law
d.
elements of a crime
22. Infancy and insanity are known as:
a. substantive defenses c. justification defenses
b. excuse defenses d. mental incapacity defenses
23. When legislatures increase the harshness of criminal penalties, how do courts often
respond?
a.
the courts mitigate that harshness
b.
the courts support that harshness
c.
the courts implement that harshness
d.
the courts apply that harshness
24. Which of the following is not one of the five major areas of civil law?
a.
tort
c.
property
b.
contract
d.
all of these area major areas of civil
law
25. What is the name of a crime that is generally punishable by a fine or up to a year in jail?
a. felony crime c. delinquent crime
b. misdemeanor crime d. property crime
24
26. The United States operates under the adversary system of law, characterized by which of
the following important principles?
a.
Accusations of criminal conduct would not be raised against a defendant unless
there was some certainty of guilt.
b.
That two parties approaching the facts from entirely different perspectives offers
the best chance at uncovering the truth.
c.
Obtaining the truth is paramount regardless of the methods employed in
uncovering it.
d.
That punishment should be swift and certain.
27. Which of the following is one example of a safeguard provided by the adversarial
system?
a.
The presumption of equality
b.
Pretrial detention of defendants
c.
The right to compensation for losses suffered
d.
The right to cross-examination
28. From the case citation Miranda v. Arizona, 384 U.S. 436 (1966), the reader knows which
of the following?
a.
The decision is in favor of the defendant.
b.
The case was a criminal case.
c.
The case is in volume 384 of the Supreme Court Reports.
d.
The case is found on page 1966.
29. When a defendant bears the burden of persuasion to prove a defense, it is called a(n):
a. alibi defense c. defense rebuttal
b. affirmative defense d. violation of due process
30. What type of proof is necessary to arrest, conduct a search or seize evidence?
a.
probable cause
b.
reasonable suspicion
c.
beyond a reasonable doubt
d.
clear and convincing evidence
31. Criminal trials start with two presumptions: the presumption of innocence and the
25
presumption of:
a. sanity c. zealous representation
b. equality d. judicial activism
32. What type of law in the United States places a heavy emphasis on protecting the rights of
individuals?
a. procedural law c. substantive law
b. inferential law d. administrative law
33. Which of the following is not a major area of civil law?
a. personal injury c. divorce and child custody
b. inheritance/probate d. juvenile delinquency
34. This doctrine requires a judge to decide a case by applying the rule of law found in
previous cases, provided the facts are similar.
a. selective incorporation c. precedent
b. judicial restraint d. jurisprudence
35. The adversary system incorporates a series of checks and balances aimed at curbing
political misuse of the criminal courts through:
a. incorporation of rights c. prosecutorial discretion
b. diffusion of powers d. judicial activism
36. The mental state, or criminal intent, required for a crime to have been committed is
referred to as…
a. actus reus c. corpus delicti
b. mens rea d. result
37. What is the legal doctrine whereby the Supreme Court ruled that the due process clause
of the Fourteenth Amendment made some provisions of the Bill of Rights applicable to
the states?
a. selective incorporation c. precedent
b. stare decisis d. remedy
26
38. The level of proof for an officer to conduct a brief, limited, investigative detention (“stop
and frisk”) is:
a. probable cause c. clear and convincing evidence
b. mere suspicion d. reasonable suspicion
CRITICAL THINKING SCENARIOS
CASE 2.1
After confessing to racketeering, Nicky Cheeks’ (through his high-priced mob attorney) is now
saying that his confession was coerced and that his waiver of Miranda rights was not
valid, therefore his confession should not be admissible in court.
39. By what standard of proof is the prosecution now required to prove the validity of
Nicky’s waiver of rights?
a. No standard, it is the responsibility of the defense to prove the waiver was not valid.
b. Probable cause
c. Preponderance of the evidence
d. Proof beyond a reasonable doubt
40. Under the adversary system, it is the responsibility of the defense attorney to:
a. prove the defendant not guilty by a preponderance of the evidence.
b. argue for the client’s innocence and assert legal protections.
c. dispute all evidence presented by the prosecution.
d. present a defense that counters all claims made by the prosecution.
CASE 2.2
Joe Smith suffers from paranoid schizophrenia. He has been under a doctor’s care for ten years,
but often stops taking his medication because he thinks he’s cured. While off his
medication, Joe steals a car to “escape from a CIA hit man,” accidentally running over
and seriously injuring a pedestrian in the process. Joe is arrested and charged with
several felonies. His public defender believes he is not guilty by reason of insanity.
41. Which of the following is true regarding the use of the insanity defense in this case?
27
a. In addition to the burden of proving the elements of the offense, the prosecution bears the
additional burden of proving the defendant is not insane.
b. With increasing public awareness regarding mental illnesses, the insanity defense has
become more commonly presented and is often successful.
c. The defense bears the burden of proving the defendant’s insanity, often an expensive
proposition.
d. If acquitted, Joe will likely spend less time in a mental facility than in jail or prison.
CASE 2.3
Roberta picks her toddler up at the daycare after she gets off work. The child is asleep in her car
seat and Roberta decides to stop off at the local pool hall for a beer and to talk to some friends
for a little while. She leaves the child in the car while she goes inside. She winds up staying for a
second beer and a couple of line dances. The temperature in the car reaches 120 degrees and the
child dies of hyperthermia. Roberta, though not very bright, would never intentionally harm her
child.
42. Which of the following elements is apparently lacking in this scenario?
a. actus reus c. mens rea
b. omission d. criminal result
43. Which of the followings statements regarding Roberta’s criminal liability is true?
a. Roberta is not guilty because this tragedy was an accident.
b. Roberta is not guilty because although she was negligent, she had no criminal intent to harm
her child.
c. Roberta is guilty because she intentionally left her child in the car and the same intent
applies to any harm that results.
d. Roberta is guilty because she had a legal duty to keep her child safe—her negligent
omission resulted in the child’s death.
CASE 2.4
28
Uniformed officers are driving a marked car into an area known for heavy drug trafficking,
intending to investigate drug activity and anticipating encountering drug customers and lookouts.
One officer sees the suspect standing next to a building and holding an opaque bag. The suspect
looks in the direction of the officers and flees. The officers turn their car, watch the suspect run
through an alley, and eventually corner him on the street. One officer leaves the car, stops the
defendant, and conducts a frisk of the defendant, discovering a concealed handgun.
44. Which of the following statements is true regarding the legality of the “stop and frisk”?
a. The stop was illegal. The officers did not have specific, articulable facts to justify the stop.
b. The stop was legal. A brief investigative stop can be justified by the circumstances.
c. The stop was legal. The gun provided probable cause to justify the stop, a standard of proof
higher than reasonable suspicion.
d. The stop was illegal. The officers didn’t find any drugs on the suspect.
45. Which of the following facts cannot be used to provide justification for the stop?
a. It was an area known for heavy drug trafficking.
b. The suspect was standing next to a building holding an opaque bag.
c. The suspect’s unprovoked flight upon seeing the officers.
d. Discovery of the concealed handgun.
TRUE/FALSE
1. The use of precedent promotes fairness and consistency.
2. “Beyond a reasonable doubt” means over 95% certainty of guilt.
3. Legislatures did not become a principal source of law in the U.S. until the 20th century.
4. Tort law includes any wrong, hurt, or damage done to a person’s rights, body, reputation,
or property.
29
5. The most obvious way criminal law affects the operation of the criminal courts is in
sentencing.
6. Variations in the definitions of crimes make the criminal courts fertile ground for plea
bargaining.
7. Selective incorporation refers to the application of certain provisions of the Bill of Rights
to the states through the Fourteenth Amendment.
8. Democratic governments derive their powers from the law.
9. The most controversial defense of justification is insanity.
10. Necessity is not a defense recognized by law.
11. The mental state required for a crime to have been committed is referred to as the actus
reus.
12. To be criminal, an act must be voluntary.
13. One of the five major areas of civil law is domestic relations law.
30
14. The standard of proof for the government prosecutor under the adversary system is
beyond a reasonable doubt.
15. An example of a procedural safeguard in the trial process is contained in the Sixth
Amendment’s right to confront witnesses.
16. The Fourth Amendment guarantees freedom from search and seizure.
17. A failure to act when there is a legal duty to act can also qualify as “actus reus.”
18. Punitive damages in a tort case represent the actual losses suffered by the plaintiff and are
frequently awarded by juries.
19. The burden of persuasion is the obligation of a party to prove a fact to a certain level.
20. The Constitutional right to counsel applies at both criminal and civil proceedings.
21. Law is a body of rules enacted by public officials in a legitimate manner and back by the
force of the state.
22. Administrative regulations are the newest, fastest growing, and least understood source of
law.
23. Due process requires that no law or government procedure should be arbitrary or
capricious.
24. The doctrine of stare decisis (“let the decision stand”) precludes judges from overturning
previous decisions.
25. The right to cross-examination is guaranteed by the Sixth Amendment.
COMPLETION
1. The basis of law can be summarized in two words: _____ conflict.
2. A ruling in a previous case that serves as a guide in deciding subsequent cases with
similar circumstances is known as a _____.
3. In every criminal case the prosecution must prove what is known as _____, a Latin
phrase meaning “body of the crime.”
4. The _____ is the name for the first ten Amendments of the U. S. Constitution.
5. Law is both substantive and _____.
32
6. _____ are conclusions or deductions that can be made based on the facts that have been
established by the evidence.
7. _____ is independently verifiable factual information that supports the conclusion that
there is a “fair probability” that a crime occurred or that a particular person was involved
in a crime.
8. One of the most fundamental protections recognized in the American criminal justice
process is the presumption of _____.
9. The doctrine of applying the Bill of Rights to the states through the Fourteenth
Amendment is known as _____.
10. The _____ of a crime provide the technical definition of a crime.
11. Family disputes fall into the _____ category of civil law.
12. In a limited number of criminal offenses, the _____ of the illegal act plays a critical part
in defining the crime.
13. A successful mistake of fact defense negates the _____ of the crime with which the
defendant is charged.
14. _____ are the best known aspects of procedural law.
15. _____ law involves a type of lawsuit filed by a person when they are injured by another
person.
16. _____ are agreements between two or more persons involving a promise supported by
mutual obligation.
17. The three key characteristics of common law are: judge-made law, precedent, and _____
sources of law.
18. Brief, limited investigative detentions (“stop and frisk”) are also known as _____ stops as
a result of the landmark Supreme Court decision authorizing them.
34
19. Civil asset forfeiture is termed a(n) _____ proceeding because the action is against the
thing, not the person who owns the thing.
20. _____ is the most obvious way criminal law affects the operations of the criminal courts.
ESSAY
1. Contrast civil and criminal law proceedings.
2. Which amendments from the Bill of Rights are pertinent to criminal procedure? Describe
what rights they affect or provide for defendants.
ANS:
3. Identify and explain the importance of the three key characteristics of the common law.
4. Discuss why legislatures have become the principal source of law beginning in the early
20th century to the present.
5. In order for a defendant to be convicted of a crime the prosecution must successfully
offer proof beyond a reasonable doubt of each element of the crime charged. List the five
elements of crime. Do you believe it is fair that a person might not be held responsible
for a crime if there is an element missing? For example, a person who does the actus reus
(sells drugs to a neighbor) but who lacks the mens rea (sold the drugs because of death
threats from their roommate if they didn’t complete the drug deal).
6. Although law is used in everyday language, the definition used by scholars is important.
Neubauer and Meinhold (2013) define law as a body of rule enacted by public officials,
in a legitimate manner and backed by the force of the state. Break down this definition
into its four elements and explain the importance of each element.
7. Criminal law affects the courts in many ways, one of which revolves around sentencing
of offenders. Describe the connection between the public, legislature and courts relating
to criminal sentences.
8. Describe the five major areas of civil law.