c.
common law.
d.
case law.
Foundations of Criminal Law
ASCJ.COLE.17.04.01 – Describe the bases and sources of American criminal law
62. ________ are the basic laws of a country or state defining the structure of the government and the relationship of
citizens to that government.
a.
Constitutions
b.
Administrative regulations
c.
Statutes
d.
Common laws
a
Foundations of Criminal Law
ASCJ.COLE.17.04.01 – Describe the bases and sources of American criminal law
63. _________ is the confiscation of property by the state because it was used in or acquired through a crime.
a.
b.
c.
d.
Foundations of Criminal Law
ASCJ.COLE.17.04.01 – Describe the bases and sources of American criminal law
64. Which term describes the causal relationship between an act and the harm suffered?
a.
Legality.
b.
Actus reus.
c.
Causation.
d.
Harm.
c
Substantive Criminal Law
65. Three factors—the act (actus reus), the attendant circumstances, and the state of mind (mens rea)—are together called
the ______ of a crime.
a.
inchoate element
b.
concurrence
c.
legality
d.
elements
Substantive Criminal Law
responsibility of the accused
66. The courts have generally upheld the view that ignorance of the law is not an excuse for committing an illegal act, but
if an accused person has made a(n) _________, that may serve as a defense.
a.
mistake of fact
b.
mistake of intoxication
c.
exception of infancy
d.
mistake of duress
a
Substantive Criminal Law
Shelby was recently found not guilty of strong-arm robbery. She had a jury trial that ruled in her favor. Moments after
the ruling came down, Shelby turned and looked at the jury and said, “Ha, ha, I am guilty and there is nothing you can do
about it now.” The jurors were shocked and wanted to change their verdict. Shelby laughed all the way home.
67. Shelby cannot be retried for the same crime in the same jurisdiction based upon.
a.
incorporation.
b.
fundamental fairness.
c.
self-incrimination.
d.
double jeopardy.
Procedural Law
68. Shelby was found not guilty by an impartial jury. This right is protected by which amendment?
a.
Fourth Amendment
b.
Fifth Amendment
c.
Sixth Amendment
d.
Eighth Amendment
c
Procedural Criminal Law
69. Shelby was allowed to present her case in a public trial. This right was given to her based upon which amendment?
a.
Fourth Amendment
b.
Fifth Amendment
c.
Sixth Amendment
d.
Eighth Amendment
c
Procedural Criminal Law
ASCJ.COLE.17.04.03 – Describe how procedural criminal law defines the rights of the
70. Shelby was charged and convicted by a jury in a federal court for violation of federal gun laws. Which of the
following is true?
a.
The Incorporation Doctrine means that the federal government must follow state laws and the conviction
should be overturned.
b.
Shelby can appeal her conviction based on the fundamental fairness clause of the Fourth Amendment.
c.
Since Shelby never admitted to the crime, she cannot be tried a second time.
d.
The prohibition against double jeopardy applies only to the same crime and the same jurisdiction.
Procedural Law
ASCJ.COLE.17.04.03 – Describe how procedural criminal law defines the rights of the
One morning, Rashaad arrives at work feeling under the weather. By lunch time, he decides to take sick leave and go
home. Upon arrival at his house, he sees his best friend’s car in the driveway. Rashaad becomes concerned that
something may be wrong with his wife. As he opens the door to his bedroom, he sees his wife and best friend in a
compromising position. In shock, Rashaad grabs his gun, and shoots and kills his wife and friend.
71. Rashaad’s intent was to kill his wife and friend. It could be said he had a guilty state of mind, which would be his
a.
mens rea.
b.
concurrence.
c.
actus reus.
d.
causation.
a
Substantive Criminal Law
ASCJ.COLE.17.04.02 – Describe how substantive criminal law defines a crime and the legal
responsibility of the accused
72. Rashaad killed his wife and friend by an act of commission. This is the
a.
mens rea.
b.
concurrence.
c.
actus reus.
d.
causation.
a
Substantive Criminal Law
73. Rashaad committed the act of murder, which is prohibited by the law in all states in the United States. This is known
as
a.
legality.
b.
actus reus.
c.
illegality.
d.
causation.
responsibility of the accused
74. Rashaad states that he was not in the proper state of mind when the murders were committed. Which excuse defense
is he most likely to use?
a.
Duress
b.
Entrapment
c.
Mistake of fact
d.
Insanity
Substantive Criminal Law
75. Rashaad claims the medicine he took for his illness created angry mood swings and he is therefore not guilty based on
a.
mens rea.
b.
concurrence.
c.
actus reus.
d.
causation.
a
Substantive Criminal Law
Mike was sitting in his home watching a late-night baseball game when he heard what sounded like someone trying to
break into his home. He immediately went to his closet and retrieved his 9mm. Within seconds, two men broke through
the door armed with their own guns. Mike quickly shot both men and immediately called law enforcement. When first
responders arrived on the scene, both men were pronounced dead. Mike was in shock that he actually was responsible for
the death of two men. Within 6 months, Mike was informed that he was being sued by one of the deceased intruder’s
family members for wrongful death. Mike wondered if his rights would be validated.
76. Mike will not be charged with this crime because he most likely used the justification defense of
a.
entrapment.
b.
self-defense.
c.
necessity.
d.
duress.
Substantive Criminal Law
responsibility of the accused
77. The intruder’s family member plans to sue Mike in a wrongful death case under what kind of law?
a.
Criminal
b.
Substantive
c.
Procedural
d.
Civil
Foundations of Criminal Law
ASCJ.COLE.17.04.01 – Describe the bases and sources of American criminal law
78. The ___________ will protect Mike from being charged and protect his due process rights.
a.
U.S. Constitution
b.
state constitution
c.
Magna Carta
d.
Articles of Confederation
a
Foundations of Criminal Law
ASCJ.COLE.17.04.01 – Describe the bases and sources of American criminal law
79. Which elements of a crime were not present in the given the scenario?
a.
Actus reus, attendant circumstances and mens rea
b.
Attendant circumstances and mens rea
c.
Actus reus and mens rea
d.
Actus reus and attendant circumstances
Substantive Criminal Law
responsibility of the accused
80. The due process revolution occurred in which time frame?
a.
1920s to 1950s
b.
1930s to 1960s
c.
1940s to 1970s
d.
1950s to 1980s
Foundations of Criminal Law
accused and the process for dealing with a case
81. Which of the following is not a principal principle of guilt necessary for the conviction of a defendant?
a.
Actus rea
b.
Illegality
c.
Punishment
d.
Harm
Foundations of Criminal Law
82. Laws made by federal, state, and local legislatures are called
a.
case laws.
b.
administrative regulations.
c.
penal codes.
d.
common laws.
c
Foundations of Criminal Law
LEARNING OBJECTIVES:
ASCJ.COLE.17.04.01 – Describe the bases and sources of American criminal law
83. Conservative and liberal justices convey the message in their rulings that
a.
partisan affiliation is more important than ideological position.
b.
ideology matters little in the way the justices rule.
c.
the Bill of Rights is not that important to them.
d.
criminal justice officials must be aware of the Bill of Rights in carrying out their duties.
Procedural Criminal Law
Completion
84. The common law system originated in ____________________.
England
Foundations of Criminal Law
LEARNING OBJECTIVES:
ASCJ.COLE.17.04.01 – Describe the bases and sources of American criminal law
85. Judicial decisions guided by the past cases are called ____________________.
case law
Foundations of Criminal Law
LEARNING OBJECTIVES:
ASCJ.COLE.17.04.01 – Describe the bases and sources of American criminal law
86. Criminal law is divided into ____________________ law and ____________________ law.
87. ____________________ law defines relationships among individuals in society.
88. ____________________ law defines an offense against society.
89. ____________________ refers to a guilty state of mind.
90. The act of committing a crime is referred to as ____________________.
91. The key component of the entrapment defense is the defendant’s ____________________ to commit a crime.
92. A person who was forced to commit a crime will use the defense of ____________________.
93. The ____________________ was used as a defense if someone committed a criminal act as a result of mental illness.
94. The constitutional amendments that deal with criminal defendants’ rights are the Fourth, ________, _________, and
__________ Amendments.
95. The first 10 amendments added to the Constitution in 1791 are called the ____________________.
96. The chief justice of the U.S. Supreme Court who brought about a due process revolution was
____________________.
97. Criminal procedures must meet a basic standard of ______________________________, according to the U.S.
Supreme Court.
98. The Supreme Court ruled in 1993 that the forfeiture of property related to a criminal case can be analyzed for possible
violation of the _______ clause.
99. The _________ Amendment does not refer to a jury of one’s peers; instead the Supreme Court has held that the
amendment requires a selection process from a cross-section of the community.
100. Through the process of ________, the Supreme Court during the Warren Court era declared that elements of the
Fourth, Fifth, Sixth, Eighth, and other amendments were part of the due process clause of the Fourteenth Amendment.
101. __________ is the subjecting of a person to prosecution more than once in the same jurisdiction for the same
offense, and is prohibited by the Fifth Amendment.
102. Protection against _________ means that people cannot be forced to respond to questions whose answers may reveal
that they have committed a crime.
103. If in a bank robbery, an armed robber forces one of the bank’s managers at gunpoint to drive the getaway car, she
would claim the defense of _____.
104. Conviction on a _______ charge usually means that the offender may be given a prison sentence of more than a year.
105. ______ ____ is based on custom and tradition as interpreted by judges.
106. Provisions in the law outlining the consequences for the guilty is called ________.
107. The ____ Amendment, which deals with due process and equal protection, is not a part of the Bill of Rights.
108. John Roberts is the current _____ _____ of the U.S. Supreme Court.
109. Justices must be confirmed by the ______.
110. Explain the difference between criminal law and civil law.
111. Discuss the legal arguments as to whether the death penalty violates the Eighth Amendment right against cruel and
unusual punishment.
112. Explain why intoxication can be used as a criminal defense, and provide an example of a case in which intoxication
might relieve an offender of responsibility.
113. There is a difference between “not guilty by reason of insanity” and “guilty but mentally ill.” Which do you think is
the best way to deal with mentally ill offenders? How does mens rea affect the difference between these two verdicts?
114. Discuss how presidential appointments can have an impact on the appointment of U.S. Supreme Court justices.
115. Explain the concept of double jeopardy and its significance to the criminal justice system.
116. Explain the difference between murder and manslaughter.
117. Explain why due process is such a vital component to the modern-day criminal justice system.
118. What is the current composition of the U.S. Supreme Court? Does it lean more toward liberal or conservative? Will
this change in the coming years?
119. Discuss the importance of the right to a speedy and public trial?
120. Explain why mens rea is so important to finding a person guilty of a crime.
121. What are the five tests that are used to prove insanity in court.
122. Explain the role of the Fourteenth Amendment in criminal justice.