True / False
1. The roots of criminal law in the United States can be directly traced to the Bible.
a.
True
b.
False
False
Historical Development of the Criminal Law
Remember
2. The element of criminal law most relevant to criminal justice is torts, or the law of personal injuries.
a.
True
b.
False
False
Historical Development of the Criminal Law
Remember
3. Substantive criminal law deals with issues such as the mental and physical elements of a crime.
a.
True
b.
False
True
Historical Development of the Criminal Law
Remember
4. The principle of stare decisis refers to the concept of proportionality or “eye for an eye.”
a.
True
b.
False
False
Historical Development of the Criminal Law
ESCJ.SIEG.17.03.02 – Discuss the concept of substantive criminal law and its history.
Remember
5. An immediate relationship must always exist between the act and the actor’s intent for a crime to occur.
a.
True
b.
False
6. An ex post facto law is a law that inflicts a greater punishment than was available when the crime was
committed.
a.
True
b.
False
True
Remember
7. Entrapment is a defense against criminal culpability that is found in the Bill of Rights.
a.
True
b.
False
False
Remember
8. Self-defense as a justification requires imminent danger.
a.
True
b.
False
True
Remember
9. The ideas and principles that society considers important at a given time and in a given place have no bearing
on a court’s decision on what exactly constitutes due process in a specific case.
a.
True
b.
False
False
Remember
10. Although most common-law crimes require intent, strict liability crimes do not have a mental requirement.
a.
True
b.
False
True
Remember
11. Traffic laws are examples of strict liability offenses.
a.
True
b.
False
False
Remember
12. The Fourth Amendment limits the admissibility of confessions that have been obtained unfairly.
a.
True
b.
False
13. Insanity, intoxication, and ignorance are all types of justifications.
a.
True
b.
False
14. Intoxication is only a viable defense if it is involuntary.
a.
True
b.
False
15. To exercise the self-defense privilege, the danger must be immediate.
a.
True
b.
False
16. Every state now has a “stand–your–ground” law, which requires no duty to retreat.
a.
True
b.
False
17. If a bank employee took money from a bank because they believed failure to do so would result in harm to their
kidnapped children, this is an example of the duress defense.
a.
True
b.
False
18. Stalking laws are an example of the creation of a new law in response to emerging social issues.
a.
True
b.
False
True
Remember
19. The exclusionary rule is the exclusion from trial of evidence seized in violation of the Eighth Amendment.
a.
True
b.
False
False
Remember
20. Due process of law is found in the Fourth Amendment.
a.
True
b.
False
False
Remember
21. Substantive due process refers to a citizen’s right to be protected from criminal laws that may be biased,
discriminatory, and otherwise unfair.
a.
True
b.
False
True
Remember
22. Bail is forfeited if the defendant misses the trial date.
a.
True
b.
False
True
Remember
23. There are certain offenses in which mens rea is not essential.
a.
True
b.
False
24. For a person to be considered to have committed a crime, some act is required to prove the actors willingness to
commit harm.
a.
True
b.
False
25. US civil law is primarily concerned with:
a.
compensating the injured party for harm.
b.
protecting the public against harm.
c.
controlling social values and mores.
d.
contracting legal obligations between aggrieved individuals.
a
Remember
26. Which branch of law defines crimes and their punishment?
a.
Martial law
b.
Substantive criminal law
c.
Civil law
d.
Public law
Remember
27. Which of the following is false regarding criminal law?
a.
Crime is a public offense.
b.
The right of enforcement belongs to the state.
c.
Fines go to the state.
d.
Both parties can appeal.
28. Which of the following is not one of the four broad categories into which law today can be divided?
a.
Procedural criminal law
b.
Substantive criminal law
c.
Civil law
d.
Procedural civil law
29. Which of the following is not a source of criminal law?
a.
Common law
b.
Biblical decree
c.
Statutes
d.
Case decisions
30. Regardless of its source, all criminal laws in the United States must conform to the rules and dictates of the:
a.
US Attorney’s Office
b.
US Court of Appeals
c.
US Senate
d.
US Constitution
31. The term stare decisis refers to:
a.
an eye for an eye.
b.
someone who is inherently evil.
c.
a statute created by a legislative body.
d.
the decision to stand by decided cases.
32. Sue has committed a robbery with deadly weapon. This would be considered a __________ crime.
a.
mala in se
b.
nolle prosequi
c.
mala prohibitum
d.
civil
33. What is the most common definition of a felony?
a.
A crime punishable in the statute by death or imprisonment in a state prison.
b.
Any crime punishable by imprisonment in a jail or state prison.
c.
A crime punishable by grand jury indictment.
d.
Any crime for which one can be imprisoned for more than three years in prison.
34. Which of the following is false regarding the comparison of felonies and misdemeanors?
a.
A felony is an offense generally punishable by death or imprisonment in a penitentiary, whereas a
misdemeanor is generally punishable by a fine or imprisonment elsewhere than in a penitentiary.
b.
A person convicted of a felony may be barred from certain fields of employment or some
professions, whereas a person convicted of a misdemeanor is not.
c.
An arrest for a felony or misdemeanor may be made regardless of whether the crime was committed
in the officer’s presence, as long as the officer had reasonable grounds to believe that the person
committed the crime.
d.
Distinguishing between a felony and a misdemeanor is sometimes difficult.
35. The individual’s state of mind or intent to commit a crime is formally referred to as:
a.
stare decisis.
b.
mala in se.
c.
mens rea.
d.
actus reus.
36. The term actus reus refers to the:
a.
measurement of mental ability.
b.
exclusion of omission.
c.
guilty person.
d.
guilty act.
37. Certain statutory offenses exist in which mens rea is not essential. These offenses fall within a category
known as:
a.
torts.
b.
strict liability crimes.
c.
mala in se crimes.
d.
stare decisis.
38. Narcotics control laws, health and safety regulations, and sanitation laws are examples of what legal
principle?
a.
Recklessness
b.
Criminal negligence
c.
Malice
d.
Strict liability
39. Individuals that claim insanity as a criminal defense may not have the ability to form ___________.
a.
mala in se
b.
mens rea
c.
actus reus
d.
stare decisis
40. The defense of mistake ultimately rests on proving a(n):
a.
presumption of guilt.
b.
lack of intent.
c.
existence of extenuating circumstances.
d.
post facto affirmative presumption of innocence due to entrapment.
41. The effect of intoxication upon criminal liability depends on:
a.
the type of intoxicant used.
b.
whether the defendant uses drugs or alcohol voluntarily.
c.
whether the consumption of intoxicant began prior to the crime.
d.
whether the defendant has prior convictions.
42. Intoxication and age are examples of:
a.
legal defenses used to negate the required proof of mens rea.
b.
legal defenses that negate the required proof of actus reus.
c.
defenses based on double jeopardy.
d.
legal defenses based on a presumption of conclusive incapacitation.
43. Under common law, there is generally a conclusive presumption of incapacity for a child under the age of:
a.
7
b.
11
c.
13
d.
15
44. Which standard of the insanity defense excuses a person whose mental disease makes it impossible to
control their conduct?
a.
Durham rule
b.
Products test
c.
M’Naghten rule
d.
Irresistible impulse test
d
45. Which standard solely considers whether the accused is able to distinguish right from wrong?
a.
Durham rule
b.
Substantial capacity test
c.
M’Naghten rule
d.
Irresistible impulse test
46. Which of the following is false regarding a defense of self-defense?
a.
The defendant must have acted under a reasonable belief that he or she was in danger of any type of
harm.
b.
The defendant must have acted under a reasonable belief that he or she was in danger of death or
great harm.
c.
The defendant must have believed that he or she had no means of escape from the assailant.
d.
The person defending himself or herself may only use such force as is reasonably necessary to
prevent personal harm.
47. Which of the following is false regarding stand-your-ground laws?
a.
All states have stand-your-ground laws.
b.
Florida’s stand-your-ground law permits the use of deadly force when a person reasonably believes it
necessary to prevent the commission of a forcible felony.
c.
The stand-your-ground laws in some states extend to public places.
d.
The stand-your-ground law in Florida permits deadly force to prevent the commission of a
carjacking.
48. Which of the following is not considered entrapment?
a.
Police implant a criminal idea.
b.
Police instigate a crime.
c.
Officers pose as drug dealers in known drug areas.
d.
Police coerce an individual to commit an offense.
49. Crime is generally grouped into three basic categories, they are:
a.
felonies, misdemeanors, and violations.
b.
malum prohibitum crimes, felonies, and violations.
c.
violations, ordinances, and felonies.
d.
misdemeanors, violations, and ordinances.
50. Which legal standard of mental illness is used by present federal law?
a.
“Didn’t know what he was doing or didn’t know it was wrong.”
b.
“Could not control his conduct.”
c.
“Lacks substantial capacity to appreciate the wrongfulness of his conduct or to control it.”
d.
“Lacks capacity to appreciate the wrongfulness of his conduct.”
Remember
51. Which of the following is true regarding the stand-your-ground justification defense?
a.
Most self-defense statutes require a duty to retreat before reacting to a threat with physical violence.
b.
The castle exception does not require an obligation to retreat within an individual’s residence before
fighting back.
c.
Stand-your-ground laws allow average citizens to use deadly force when they reasonably believe that
their homes or vehicles have been illegally invaded.
d.
All of the above are true regarding the “stand-your-ground” justification defense.
Remember
52. The exclusionary rule is used as part of which protection afforded to the accused by the US Constitution?
a.
First Amendment
b.
Second Amendment
c.
Fourth Amendment
d.
Eighth Amendment
c
Remember
53. The ______ Amendment guarantees the defendant the right to a speedy and public trial by an impartial jury.
a.
Second
b.
Fourth
c.
Sixth
d.
Eighth
c
Remember
54. Excessive bail is prohibited by the:
a.
Fourth Amendment.
b.
Fifth Amendment.
c.
Sixth Amendment.
d.
Eighth Amendment.
Remember
55. The _______ Amendment limits the admissibility of confessions that have been obtained unfairly.
a.
First
b.
Fifth