c.
Sixth
d.
Eighth
Remember
56. The Bill of Rights is applied to the states by the:
a.
Fifth Amendment.
b.
Sixth Amendment.
c.
Eighth Amendment.
d.
Fourteenth Amendment.
Remember
57. What element must be present in order for the excuse of necessity to be valid?
a.
b.
c.
d.
c
Remember
58. An employee is forced to divert funds into a special account and failure to cooperate will result in the
execution of his or her family. Which defense would be most applicable to this situation?
a.
Duress
b.
Entrapment
c.
Necessity
d.
Consent
a
Remember
59. Which constitutional amendment outlaws illegal searches and seizures by police?
a.
First
b.
Fourth
c.
Fifth
d.
Eighth
Remember
60. In addition to being tried for the girls’ murder, the parents of the deceased sue the psychiatrist for not warning the
police of the potential threat. What categories of law is this case found in?
a.
Substantive criminal law and procedural law
b.
Procedural law and civil law
c.
Substantive criminal law and civil law
d.
Procedural law and public law
Historical Development of the Criminal Law
61. The lawsuit filed by the deceased girl’s parents is called:
a.
stare decisis.
b.
a tort.
c.
lex talionis.
d.
malum prohibitum.
Sources of Criminal Law
62. In applying the rule of lex talionis, how would the parents obtain closure for their daughter’s murder?
a.
The parents would be paid for their loss.
b.
The parents would be able to take over the psychiatry business.
c.
The parents would be able to kill Stanley for taking their daughter’s life.
d.
The parents would not be able to gain closure through this rule.
Historical Development of the Criminal Law
Many states and the District of Columbia have legalized medical marijuana and other states have legalized its recreational
use. In some states, police are directed to patrol the areas near medical marijuana dispensaries more frequently because it
is still illegal to use it recreationally and usually still illegal to sell marijuana. The new governor of California is facing a
budget crisis and must reduce spending in law enforcement.
63. The governor has targeted medical marijuana users because the police spend more time patrolling in areas where
dispensaries are located. In what way will he be most successful in his quest to reduce spending?
a.
Start to punish medical marijuana users
b.
Make violations of medical marijuana laws a felony offense
c.
Make other violations of law usually punishable by fine, now arrestable offenses
d.
Direct police to warn and release whenever possible
The Evolution of Criminal Law
Apply
64. Randi has been arrested for selling marijuana in Washington state. He was high on drugs at the time of arrest and
doesn’t quite understand why he is in trouble. The police are demanding to know Randi’s supplier and won’t let Randi eat
or drink until he confesses. What rights protect Randi from this interrogation?
a.
Fourth Amendment
b.
Fifth Amendment
c.
Sixth Amendment
d.
Eighth Amendment
Constitutional Criminal Procedure
ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure.
Apply
Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase
and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky
recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he
calls the police claiming Sue stole his marijuana.
65. Sue has been released without charges. What is the most likely reason for this?
a.
Sue had a prescription and did not have mens rea.
b.
Sue had actus reus but did not have a prescription.
c.
Sue had a contractual relationship to the police.
d.
Sue had a medical marijuana prescription.
a
The Legal Definition of a Crime
ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime.
Apply
66.
After Sue’s release from jail, Bob gets high on the street and follows her back to her house where a physical fight ensues.
Sue dies from her injuries. Bob claims he had no such intent and is surprised and disgusted by his actions. Bob believes
the marijuana he bought on the street was laced with phencyclidine (PCP). What would be his best defense in court?
a.
Duress
b.
Intoxication
c.
Insanity
d.
Self-defense
Criminal Defenses
ESCJ.SIEG.17.03.05 – Define the term strict liability.
67. At Bob’s trial, one of the ladies that used to date Bob’s roommate is on the jury. Truth be told, she didn’t like Bob
very much because he used to search through her personal belonging when she wasn’t around but she knew he was doing
it. Which of Bob’s rights have been violated?
a.
Right against incrimination
b.
Right to an impartial jury
c.
Right to a speedy trial
d.
Right against unreasonable searches
Constitutional Criminal Procedure
ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure.
68. While in prison, Bob became addicted to methamphetamine. Upon his release, Bob is visited by a police officer who
is warning neighborhood residents of a spike in crime. When Bob opens the door, the officer pushes by Bob and into his
house where he finds Bob’s meth lab. Which of Bob’s rights has been violated?
a.
Fourth Amendment
b.
Fifth Amendment
c.
Sixth Amendment
d.
Eighth Amendment
Constitutional Criminal Procedure
ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure.
69. The primary concern of ___________ is the control and regulation of human interaction.
Historical Development of the Criminal Law
70. Helping people take their own lives is referred to as ________.
Evolution of Criminal Law
ESCJ.SIEG.17.03.071 – Discuss the most recent developments in criminal law reform.
71. _____________ laws require the registration of individuals convicted of sex-related crimes.
72. After the Norman conquest of England in 1066, royal judges would decide what to do in each case using
local custom and rules of conduct as a guide in a system known as ____________________.
73. A law that inflicts a greater punishment than was available when the crime was committed is termed a(n)
____________________ law.
74. _____ law became the standardized law of the land in England and eventually formed the basis of criminal
law in the United States.
75. Homicide, robbery, and rape are examples of which type of crime.
76. The Durham Rule is associated with the ____________________ defense.
77. In response to the concerns of environmentalists, the federal government has passed
_______________________ acts to protect the nation’s well being.
78. The defense of ____________________ would be appropriate in a case where a person was rushing to the
hospital with an emergency and broke numerous traffic laws along the way.
79. The ____________________ Amendment was the basis for the Miranda decision.
80. The ____________________ Amendment has been used in the past to argue that the death penalty is cruel
and unusual punishment.
81. The ____________________ Amendment prohibits excessive bail.
82. The right to be informed of the nature of the charges against you and the right to confront any prosecution witnesses is
guaranteed by the ____________________ Amendment.
83. The ____________________ Amendment prohibits double jeopardy.
84. The ____________________ Amendment is the vehicle used by the courts to apply the protection of the Bill of Rights
to the states.
85. Under the _______________, evidence seized in violation of the Fourth Amendment cannot be used in a
court of law.
86. The ____________ or the “product test” states that an accused is not responsible if his or her unlawful act was a
product of mental disease or defect.
87. A child under the age of 7 years who commits a crime will not be held criminally responsible for their crimes. This is
an example of __________________ rules.
88. Using local rules of conduct and customs to decide a case is referred to as ________________.
89. ________________law is used to resolve control and shape personal interactions such as wills, trusts, and property
ownership.
90. The branch of law that deals with the government and its relationships with individuals or other governments is called
_______________ law.
91. Differentiate between criminal law and civil law.
92. Define the concept of substantive criminal law and detail its goals.
93. Delineate the legal elements required to constitute a crime. Describe and give an example of each of the
classifications of crime.
94. Explain three legal excuses and three justifications for crime and provide an example of each.
95. Describe three tests of the insanity defense and how each is applied.
96. Discuss the amendment that prohibits cruel and unusual punishment, as well as the premise and outcome of
the 2008 case of Baze and Bowling v. Rees
97. Discuss two of the following Amendments (Fourth, Fifth, Sixth, or Eighth Amendments) and how each
serves to limit and control the manner in which the federal government operates the justice system.
98. Elaborate the meaning of due process through the use of an example.
99. Describe the importance of procedural due process. List the procedural due process rights that are guaranteed to an
individual.
100. Discuss the historical development of criminal law.