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True / False
1. In the United States, the distinction between criminal and civil law is minimal.
a.
True
b.
False
2. The underlying source of American law is the common law of England.
a.
True
b.
False
3. Criminal and civil proceedings may arise from the same crime.
a.
True
b.
False
4. All societies and cultures base their criminal law on the same principles.
a.
True
b.
False
5. Offenders who do not have mens rea and have not committed a strict liability offense should not be found guilty.
a.
True
b.
False
6. Entrapment cannot be used as a defense in a criminal trial.
a.
True
b.
False
7. The insanity defense is used in most cases in the American criminal justice system.
a.
True
b.
False
8. 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
9. In Robinson v. California (1962), the Supreme Court struck down a law that made drug addiction a crime.
a.
True
b.
False
10. For an act to be deemed criminal, the intent and the act can occur at different times.
a.
True
b.
False
11. Procedural due process requires that the constitutional rights of criminal defendants must be respected.
a.
True
b.
False
12. Public opinion always supports the decisions of the U.S. Supreme Court.
a.
True
b.
False
13. 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
14. The Bill of Rights has always protected the individuals’ rights at the state level.
a.
True
b.
False
15. The due process and equal protection clauses are found in the Fourteenth Amendment.
a.
True
b.
False
16. 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
17. An inchoate offense does not require mens rea to prosecute.
a.
True
b.
False
18. According to the courts, accidents occur when there is no mens rea.
a.
True
b.
False
19. The average age of the justices is relatively high so a conservative to more liberal movement in the next few
years is a possibility.
a.
True
b.
False
20. The Bill of Rights has been completely incorporated and applied to the states.
a.
True
b.
False
21. For much of U.S. history, criminal defendants were not guaranteed the right to an attorney in all states.
a.
True
b.
False
22. U.S. Supreme Court Justices Sotomayor and Kagan were appointed by George W. Bush
a.
True
b.
False
23. Concurrence refers to the requirement that an act must cause harm some legally protected value.
a.
True
b.
False
24.
The Fifth Amendment provides protection against unreasonable searches and seizures.
a.
True
b.
False
25. States can provide more protection for individual rights than does the U.S. Constitution.
a.
True
b.
False
26. Defamation is one of the seven principles of substantive criminal law.
a.
True
b.
False
27. A grand jury is a body of citizens that determines whether the prosecutor possesses sufficient evidence to justify the
prosecution of a suspect for a serious crime.
a.
True
b.
False
28. Indigent defendants are those who pay for their own attorney.
a.
True
b.
False
29. The current chief justice of the U.S. Supreme Court is John Roberts.
a.
True
b.
False
30. Penal codes specify the punishments for each offense.
a.
True
b.
False
31. The four amendments that deal with the criminal process are the Fourth, Fifth, Sixth, and Ninth.
a.
True
b.
False
32. The processes followed by police, prosecutors, and judges as well as the rights possessed by suspects and defendants
are defined by ________ criminal law.
a.
procedural
b.
substantive
c.
constitutional
d.
fundamental
33. The definitions of crimes and people eligible for punishment are spelled out in ________ criminal law.
a.
procedural
b.
substantive
c.
constitutional
d.
fundamental
34. Laws and rules made by federal, state, and local agencies are called
a.
case law.
b.
precedent.
c.
administrative regulations.
d.
common law.
35. An act can be deemed criminal if it eventually leads to harm that the law seeks to prevent. This is called
a.
mens rea.
b.
an inchoate offense.
c.
defamation.
d.
actus reus.
36. For an act to be a crime, the intent and the act must exist simultaneously. This is called
a.
mens rea.
b.
an inchoate offense.
c.
concurrence.
d.
actus reus.
37. If a person has a guilty mind or a blameworthy state of mind, this describes the element of
a.
mens rea.
b.
an inchoate offense.
c.
defamation.
d.
actus reus.
38. 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
39. The elements of a crime are
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.
40. The phrase that distinguishes murder from nonnegligent manslaughter is
a.
parens patriae.
b.
mala prohibita.
c.
In re Gault.
d.
malice aforethought.
41. Which of the following is a necessary element in the definition of rape?
a.
Physical evidence
b.
Witnesses
c.
Alcohol use
d.
Force
42. A major exception to the mens rea principle is called
a.
strict liability.
b.
civil forfeiture.
c.
minimal scrutiny.
d.
actus reus.
43. Entrapment occurs when a
a.
police officer commits a crime.
b.
citizen commits a crime in the presence of a police officer.
c.
citizen knowingly violates the law.
d.
police officer entices a citizen to commit a crime that he or she was not predisposed to commit.
44. When people break the law in order to save themselves or prevent a greater harm, they will likely use the defense 0f
_______ in court.
a.
self-defense
b.
entrapment
c.
necessity
d.
duress
45. 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.
46. The idea that insanity may involve a different combination of many factors in each case 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.
47. Today the test used by most states to determine insanity is called the _____ test.
a.
nolo contendere
b.
IQ
c.
moral compass
d.
right-from-wrong
48. Which amendment protects privacy by barring unreasonable searches by the police?
a.
Third
b.
Fourth
c.
Fifth
d.
Sixth
49. The right to a fair trial is found in the ______ Amendment.
a.
Third
b.
Fourth
c.
Fifth
d.
Sixth
50. Which chief justice of the U.S. Supreme Court led a legal revolution that expanded the constitutional rights of
criminal defendants?
a.
Rehnquist
b.
Marshall
c.
Taney
d.
Warren
51. Which landmark U.S. Supreme Court case required the 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)
52. Which amendment contains the warrant clause?
a.
First Amendment
b.
Second Amendment
c.
Third Amendment
d.
Fourth Amendment
53. The double jeopardy clause is found in the
a.
Third Amendment.
b.
Fourth Amendment.
c.
Fifth Amendment.
d.
Sixth Amendment.
54. The privilege against self-incrimination is found in the
a.
Third Amendment.
b.
Fourth Amendment.
c.
Fifth Amendment.
d.
Sixth Amendment.
55. 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).
56. The right to a trial by jury is guaranteed by the
a.
Fourth Amendment.
b.
Fifth Amendment.
c.
Sixth Amendment.
d.
Seventh Amendment.
57. The right against cruel and unusual punishment is found in the
a.
Seventh Amendment.
b.
Eighth Amendment.
c.
Ninth Amendment.
d.
Tenth Amendment.
58. Which amendment requires the amount of bail not to be excessive?
a.
Seventh Amendment
b.
Eighth Amendment
c.
Ninth Amendment
d.
Tenth Amendment
59. 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.
60. The Anglo-American system of uncodified law, in which judges follow precedents set by earlier decisions when they
decide for new but similar cases, is ______ law.
a.
written
b.
statute
c.
common
d.
case
61. Laws passed by legislatures and statutory definitions of criminal offenses are found in penal codes and
a.
written law.
b.
statutes.
