Significant punishment in the sentencing phase of a criminal trial shows the victim that the punishment equals the crime. This thought process is discussed in which court case?
a. Commonwealth v. Rhodes 1996
b. Chaney v. State (1970)
c. Keeler v. Superio
b. Chaney v. State (1970)
Private wrongs for which you can sue the party who wronged you and recover money are known as
a. torts.
b. misdemeanors.
c. regulatory violations.
d. mala prohibitum offenses.
a. torts.
Who has the burden of proof regarding criminal conduct?
a. the judge
b. the jury
c. the defense
d. the prosecution
d. the prosecution
Of the following, which defendant may be required to be in court for a trial?
a. misdemeanor
b. gross misdemeanor
c. violation
d. felony
d. felony
An offense which is punishable by one year or more in a state prison is called a
a. common-law crime.
b. code offense.
c. misdemeanor.
d. felony.
d. felony.
What thought process says that human beings seek pleasure and avoid pain?
a. rationalism.
b. hedonism.
c. minimalization.
d. rationalization.
b. hedonism.
Which of the following is true for both crimes and torts?
a. they only apply to low-income persons
b. they tell us what we can't do
c. consequences include incarceration
d. they address only misdemeanor crimes
b. they tell us what we can't do
Principles that apply to more than one crime are included in which part of the criminal law?
a. the general part.
b. the special part.
c. the general part and the special part.
d. none of these answers is correct.
a. the general part.
To obtain a conviction, the prosecution must prove every element of the offense
a. by a preponderance of the evidence.
b. beyond a reasonable doubt.
c. by showing probable cause.
d. beyond a shadow of a doubt.
b. beyond a reasonable doubt.
Which of the following is not one of the criteria required for criminal punishment?
a. The penalty inflicts pain or unpleasant consequences.
b. The penalty inflicts pain that is perceived by the public to be appropriate.
c. The penalty is administered int
d. The penalty inflicts enough pain so the offender experiences the full extent of society's disapproval.
Which theory of crime focuses on an 'eye for an eye' mentality and emphasizes on getting even?
a. retribution
b. rehabilitation
c. general deterrence
d. Incapacitation
a. retribution
The theory of punishment that includes the idea that it is right to hate criminals and they deserve to be punished proportionate to the harm they have done is the theory of
a. incapacitation.
b. special deterrence.
c. retribution.
d. general deterrence.
c. retribution.
The police decision to investigate or not is an example of what kind of decision making?
a. indiscriminate
b. discretionary
c. political
d. appropriate
b. discretionary
Who formulated the theory that rational human beings won't commit crimes if they know that the pain of punishment outweighs the pleasure they hope to get from committing the crime?
a. The authors of the Old Testament
b. George Bernard Shaw
c. Jeremy Benth
c. Jeremy Bentham
The assumption underlying rehabilitation theory is that
a. criminal behavior is primarily a medical problem that can be cured with the correct drugs.
b. rehabilitation requires long-term incarceration and intense treatment.
c. forces beyond offenders' con
c. forces beyond offenders' control cause them to commit crimes and experts
Since the mid-1980s, the two rationales that have dominated penal policy are
a. retribution and incapacitation.
b. deterrence and rehabilitation.
c. reformation and deterrence.
d. vengeance and rehabilitation.
a. retribution and incapacitation.
According to the text, which of the following is not a property crime?
a. Fraud
b. Arson
c. Burglary
d. Vagrancy
d. Vagrancy
Criminal law is only one kind of
a. social norm.
b. social control.
c. social event.
d. informal control.
b. social control.
What part of criminal law consists of principles that apply to more than one crime?
a. general part of criminal law
b. generic part of criminal law
c. specific part of criminal law
d. special part of criminal law
a. general part of criminal law
What part of criminal law defines specific crimes and arranges them into groups according to subject matter?
a. general part of criminal law
b. generic part of criminal law
c. specific part of criminal law
d. special part of criminal law
d. special part of criminal law
Where is most criminal law found?
a. state criminal codes
b. federal criminal codes
c. city criminal codes
d. county criminal codes
a. state criminal codes
Which of the following is the highest standard of proof known to the law?
a. absolute certainty
b. preponderance of the evidence
c. probable cause
d. beyond a reasonable doubt
d. beyond a reasonable doubt
When professionals make judgments based on their training, their experience, and unwritten rules this is called
a. discretionary decision making.
b. biased decision making.
c. affirmative decision making.
d. productive decision making.
a. discretionary decision making.
Sentencing laws that make prison release dependent on rehabilitation are called
a. dependent sentencing laws.
b. indeterminate sentencing laws.
c. determinate sentencing laws.
d. independent sentencing laws.
b. indeterminate sentencing laws.
Judges are required to make a statement at the time of sentencing explaining why they are imposing the sentence. Which of the following is not one of the reasons for this requirement?
a. to increase the rationality of sentencing.
b. such statements can be
d. such statements can be therapeutic to the victim.
Mala prohibita crimes include all of the following except
a. parking tickets.
b. drinking in public.
c. rape.
d. loitering.
c. rape.
Crimes and torts are similar in which of the following ways?
a. The standard of proof for both is beyond a reasonable doubt.
b. They both apply only to economic wrongs.
c. They both apply only to criminals.
d. They both tell us what we can and can't do.
d. They both tell us what we can and can't do.
Which of the following is not true of a felony crime?
a. a felony is more serious than a misdemeanor
b. a felony is punishable by death or an imprisonment of more than one year
c. a felony is never punished by imprisonment
d. felony defendants have to be
c. a felony is never punished by imprisonment
Administrative crimes
a. do not exist because agencies do not have the power to enact rules.
b. can only be enacted by federal agencies.
c. are no longer a significant source of criminal law.
d. are a rapidly growing source of law.
d. are a rapidly growing source of law.
What are offenses of general applicability?
a. misdemeanor and felony crimes
b. felony and complicity crimes
c. complicity and attempt crimes
d. property and attempt crimes
c. complicity and attempt crimes
The appellant is the party who
a. is appealing to ensure their victory in the court below.
b. is appealing to overturn an unfavorable decision.
c. has had an appeal filed against them.
d. has not filed the charges against the appellee.
b. is appealing to overturn an unfavorable decision.
The legal rule the court has decided to apply to the facts of the cases is called the
a. issue.
b. holding.
c. result.
d. reasoning.
b. holding.
Appellate court affirms the decision of the court immediately below, this means that the lower court's decision is
a. upheld.
b. overturned.
c. questioned.
d. not considered.
a. upheld.
When an appellate court overturns the decision of a trial court and sends the case back for further proceedings in accord with its decision, the appeals court has
a. reversed the trial court's decision.
b. affirmed the trial court decision.
c. reversed an
c. reversed and remanded the trial court decision.
the citation 319 N.W. 2d 459, the number 459 represents the
a. volume number.
b. page where the opinion begins in a volume.
c. date the decision was handed down.
d. date the case was argued.
b. page where the opinion begins in a volume.
Definitions of crimes are divided into four groups. Which of the following is not one of those groups?
a. crimes against persons.
b. crimes against public.
c. crimes against property.
d. crimes against public order and morals.
b. crimes against public.
Crimes against public order and morals include all of the following crimes except:
a. stealing.
b. illegal immigration.
c. gang crimes.
d. prostitution.
a. stealing.
What was the original source of law?
a. legislatures.
b. administrative agencies.
c. courthouses.
d. common law.
d. common law.
Before there were criminal codes, social order depended on obedience to unwritten rules based on
a. community customs and traditions.
b. community customs and polls.
c. traditions and polls.
d. the sheriff.
a. community customs and traditions.
Codifying a criminal offense means to
a. define the crime and spell out the punishment in writing.
b. set the offense in stone.
c. write the sentence out using computer based language.
d. revert to the use of common law.
b. set the offense in stone.
Who did legal reformers believe should make laws?
a. judges.
b. presidents.
c. legislatures.
d. sheriffs.
c. legislatures.
What are some of the reasons that the American Law Institute created the Model Penal Code?
a. clarification and simplification.
b. classification and institutionalization.
c. organization classification.
d. clarification and institutionalization.
a. clarification and simplification.
When state and municipal code provisions conflict, which one is supposed to take precedence?
a. state codes.
b. municipal codes.
c. it depends on the crime.
d. Neither, the federal government will step in.
a. state codes.
Although municipalities have broad power, they are limited in which of the following ways?
a. constitutional limits.
b. they cannot create misdemeanors.
c. federal statutory law.
d. city law preempts municipality law.
a. constitutional limits.
Of the following groups, what one is imprisoned at the highest rate?
a. black men.
b. Hispanic men.
c. white men.
d. asian men.
a. black men.
The idea that only by inflicting physical and psychological pain as punishment can offenders pay for their crimes refers to which purpose of punishment?
a. retribution.
b. prevention.
c. deterrence.
d. incapacitation.
a. retribution.
The authors of the U.S. Constitution were suspicious of
a. the rights of individuals.
b. the rights of large groups of voters.
c. the power of influential leaders.
d. power in the hands of government officials.
d. power in the hands of government officials.
What is the standard used by courts of appeal to determine if a sentence is "inside, just outside, or significantly outside the Guidelines range?"
a. the constitutional standard
b. the abuse-of-discretion standard
c. the upward departure standard
d. the d
b. the abuse-of-discretion standard
According to what principle must there be a specific law defining a crime and setting out the punishment before a person can be punished for that crime?
a. the principle of legality
b. the principle of comity
c. the principle of proportionality
d. the pri
a. the principle of legality
What is the name of a law that criminalizes an act that was innocent when it was committed?
a. bill of attainder law
b. forfeiture law
c. ex post facto law
d. bill of particulars
c. ex post facto law
What doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discriminatory enforcement of laws?
a. Proportionality
b. void-for-vagueness
c. Obscenity
d. equal protection
b. void-for-vagueness
Which amendments to the Constitution resulted in the void-for-vagueness doctrine?
a. The Fourth and Fifth Amendments
b. The Fourth and Fourteenth Amendments
c. The Fifth and Fourteenth Amendments
d. The Fifth and Fifteenth Amendments
c. The Fifth and Fourteenth Amendments
Which Amendment to the Constitution requires that states provide equal protection of the law?
a. The Ninth Amendment
b. The Tenth Amendment
c. The Thirteenth Amendment
d. The Fourteenth Amendment
d. The Fourteenth Amendment
Because sentencing guidelines are now advisory, appellate review of sentencing decisions is limited to determining whether they are:
a. Arbitrary
b. Confused
c. Reasonable
d. Collusive
c. Reasonable
Which Amendment to the Constitution contains the Equal Protection clause?
a. The First Amendment
b. The Fourth Amendment
c. The Eighth Amendment
d. The Fourteenth Amendment
d. The Fourteenth Amendment
Equal protection does not require that
a. racial classifications be subjected to strict scrutiny.
b. everyone, or even all criminals, be treated exactly alike.
c. punishments be proportional.
d. classifications regarding fundamental rights be subject to s
b. everyone, or even all criminals, be treated exactly alike.
What is the level of scrutiny that most government classifications (excluding those involving fundamental rights, race, ethnicity, religion, or gender) are subject to under equal protection?
a. heightened scrutiny
b. strict scrutiny
c. the compelling gove
d. the rational basis test
What level of scrutiny are gender classifications subject to under equal protection?
a. strict
b. heightened
c. rational basis
d. compelling interest
b. heightened
Which of the following rights is guaranteed by the Fourth Amendment?
a. the right to freedom from unreasonable search and seizure
b. the right to bear arms
c. the right to freedom from cruel and unusual punishment
d. the right to free speech
a. the right to freedom from unreasonable search and seizure
The U.S. Supreme Court took a "hands-off" approach to sentencing procedures until what case?
a. Apprendi v. New Jersey (2000)
b. Blakely v. Washington (2004)
c. U.S. v. Booker (2005)
d. Gall v. U.S. (2007)
a. Apprendi v. New Jersey (2000)
What name is given to offensive, sexually explicit material that is not protected by the First Amendment?
a. obscenity
b. profanity
c. libel
d. literature
a. obscenity
A trial without a jury is called:
a. a bench trial
b. a jury trial
c. a verdict trial
d. an unconstitutional trial
a. a bench trial
The void-for-overbreadth doctrine invalidates laws that have what effect on protected expression?
a. an unacceptable chilling effect
b. an unacceptable retracting effect
c. an unacceptable facilitating effect
d. an unacceptable excoriating effect
a. an unacceptable chilling effect
In Barnes v. Glen Theatre, Inc., et al. (1991), the Supreme Court ruled that a state law banning totally nude dancing in public was
a. constitutional because it banned only totally nude dancing.
b. unconstitutional because nude dancing is expressive condu
d. constitutional because it furthers a substantial government interest in protecting order and morality.
Which of the following is protected by the First Amendment?
a. obscenity
b. flag burning as a political protest
c. fighting words
d. expression that creates a clear and present danger to compelling government interests
b. flag burning as a political protest
According to Griswold v. Connecticut (1965), which of the following describes the constitutional right to privacy?
a. a part of the liberty protected by due process
b. a fundamental right
c. required by equal protection
d. protected by the Eight and Fourt
b. a fundamental right
In Stanley v. Georgia (1969), the Supreme Court struck down a statute which made it a crime for an adult to possess what in their own home?
a. marijuana
b. illegal weapons
c. obscene materials
d. drug paraphernalia
c. obscene materials
Until what year did the guidelines and mandatory forms of fixed sentencing create only possible cruel and unusual punishment problems?
a. 1990
b. 1995
c. 2000
d. 2005
c. 2000
In what case did the Court apply the Apprendi rule to the U.S. Sentencing Guidelines?
a. Penry v. Lynaugh (1989)
b. U.S. v. Booker (2005)
c. Roper v. Simmons (2005)
d. Atkins v. Virginia (2002)
b. U.S. v. Booker (2005)
Which of the following kind of punishments are prohibited by the Eighth Amendment?
a. contumacious
b. presumptuous
c. barbaric
d. sumptuous
c. barbaric
Which Amendment contains the ban on cruel and unusual punishment?
a. The Fifth Amendment
b. The Sixth Amendment
c. The Eighth Amendment
d. The Fourteenth Amendment
c. The Eighth Amendment
In what case did the Supreme Court rule that death by electrocution did not violate the cruel and unusual punishment clause?
a. In re Kemmler (1890)
b. Chambers v. Florida (1940)
c. Furman v. Georgia (1972)
d. Robinson v. California (1961)
a. In re Kemmler (1890)
The idea that the punishment must fit the crime is the Eighth Amendment principle of
a. aggregation.
b. proportionality.
c. equivocality.
d. equal protection.
b. proportionality.
In Robinson v. California (1962), the Supreme Court ruled that a 90-day sentence for drug addiction was
a. realistic.
b. unreasonable.
c. proportionate.
d. disproportionate.
d. disproportionate.
For what crime did the Supreme Court ban the use of the death penalty in Coker v. Georgia (1977)?
a. espionage
b. treason
c. rape of an adult female
d. murder
c. rape of an adult female
After U.S. v. Booker (2005) sentencing guidelines became
a. advisory.
b. mandatory.
c. unconstitutional.
d. applicable.
a. advisory.
In which case did the Supreme Court rule that it violates the Constitution to execute a mentally retarded criminal defendant?
a. Penry v. Lynaugh. (1989)
b. Coker v. Georgia. (1977)
c. Roper v. Simmons. (2005)
d. Atkins v. Virginia. (2002)
d. Atkins v. Virginia. (2002)
When U.S. Courts of Appeal review sentences, they have to consider whether a sentence is "unreasonable" in light of the Guidelines and
a. the general purposes of sentencing under federal law.
b. the Eighth Amendment.
c. the special purposes of sentencing
a. the general purposes of sentencing under federal law.
In Roper v. Simmons (2005), the Supreme Court held that the Eighth Amendment forbids the execution of
a. rapists.
b. the mentally ill.
c. offenders who committed their crimes when they were under the age of 18.
d. drug dealers.
c. offenders who committed their crimes when they were under the age of 18.
What article of the U.S. Constitution bans ex post facto laws?
a. Article One
b. Article Two
c. Article Three
d. The U.S. Constitution does not ban ex post facto laws
a. Article One
According to the U.S. Supreme Court, California's three-strikes law
a. does not violate the Eighth Amendment.
b. violates the Eighth Amendment.
c. is constitutional only if applied to defendants who commit very serious felonies.
d. is unconstitutional bec
a. does not violate the Eighth Amendment.
An ex post facto law does one of three things. Which of the following is not one of those things?
a. punish an offender disproportionately after the crime was committed.
b. criminalize an act that was not a crime when it was committed.
c. increase the pun
a. punish an offender disproportionately after the crime was committed.
A ban on ex post facto laws seeks to accomplish two major purposes. These purposes include which of the following?
a. protection and prevention
b. prohibition and promiscuity
c. proportion and legality
d. specificity and proportion
a. protection and prevention
What two evils does the void-for-vagueness doctrine address?
a. lack of fair warning and arbitrary and discriminatory law enforcement.
b. cruel and unusual punishment.
c. retroactive and arbitrary punishment.
d. 2005
c. retroactive and arbitrary punishment.
There are numerous capital crimes where no one is killed. Which of the following is not one of those crimes?
a. rape
b. treason
c. espionage
d. kidnapping
a. rape
The American Association on Mental Retardation includes three elements in its definition of mental retardation. Which one of the following is not one of those elements?
a. the person has substantial intellectual impairment.
b. the impairment of the person
d. the person has an IQ below 80.
Laws that require judges to impose a nondiscretionary minimum amount of prison time that all offenders have to serve are called
a. mandatory minimum sentencing laws
b. three strikes laws
c. capital laws
d. final sentencing laws
a. mandatory minimum sentencing laws
Most of the debate regarding three-strikes law centers on
a. deterrence
b. incapacitation
c. rehabilitation
d. none of these answers is correct
a. deterrence
The Apprendi rule addresses
a. any fact that increases the penalty for a crime beyond the prescribed statutory maximum.
b. any fact that decreases the penalty for a crime beyond the prescribed statutory maximum.
c. any fact that involves the penalty for a
a. any fact that increases the penalty for a crime beyond the prescribed statutory maximum.
What is the name of "an appellate court's standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, illegal, or unsupported by the evidence?"
a. abuse-of-discretion standard.
b. clear and present danger standard.
c. Apprendi
a. abuse-of-discretion standard.
What rule ensures criminality is not subject to the passions of rulers, democratic or otherwise?
a. the rule of law
b. the rule of comity
c. the rule of Apprendi
d. the rule of censure
a. the rule of law
Criminal conduct consists of how many elements?
a. two
b. one
c. six
d. eight
b. one
The majority of minor crimes against public order and morals do not include
a. mens rea.
b. the voluntary requirement.
c. actus reus.
d. a legal duty to obey.
a. mens rea.
Criminal conduct that qualifies for criminal punishment is the definition of
a. result liability.
b. civil liability.
c. criminal liability.
d. conduct liability.
c. criminal liability.
Those crimes requiring a criminal act triggered by criminal intent are
a. result crimes.
b. conduct crimes.
c. intentional crimes.
d. felonies.
b. conduct crimes.
Criminal liability is defined as criminal conduct that qualifies for criminal:
a. punishment
b. mens rea
c. conspiracy
d. murder
a. punishment
The requirement that mental attitudes have to turn into deeds is called
a. manifest criminality.
b. a voluntary act.
c. mens rea.
d. attendant circumstance.
a. manifest criminality.
Only voluntary acts qualify as criminal
a. pro se.
b. mens rea.
c. actus reus.
d. caveat emptor.
c. actus reus.
In the English case King v. Cogdon (1951), Mrs. Cogdon was acquitted of murder because
a. her acts were done while asleep and thus were not voluntary.
b. she was insane at the time of the crime.
c. she did not cause the death.
d. there was no concurrence
a. her acts were done while asleep and thus were not voluntary.
Most offenses that don't require a mens rea do include which of the following?
a. a moral but not legal transgression
b. a lapse of good judgment but not criminal
c. a criminal omission
d. an attendant circumstances element
d. an attendant circumstances element
The character or condition of a person or a thing is known as its
a. status
b. reus
c. manus
d. prospectus
a. status
Which doctrine imposes a legal duty to help or call for help for imperiled strangers?
a. "Family Member" doctrine
b. health care professionals rule
c. the American Bystander rule
d. the "Good Samaritan" doctrine
d. the "Good Samaritan" doctrine
Most states follow which of the following?
a. "Family Member" doctrine
b. health care professionals rule
c. the American Bystander rule
d. the "Good Samaritan" doctrine
c. the American Bystander rule
Which of the following are the two kinds of criminal possession?
a. actual possession and constructive possession
b. real possession and constructive possession
c. actual possession and fictional possession
d. actual possession and factual possession
a. actual possession and constructive possession
Which type of possession is it when one has physical control of banned stuff?
a. constructive possession
b. actual possession
c. knowing possession
d. mere possession
b. actual possession
When you possess something you don't know you possess, it is called
a. constructive possession.
b. actual possession.
c. knowing possession.
d. mere possession.
d. mere possession.
Which of the following refers to who we are?
a. action
b. Status
c. possession
d. Duty
b. Status
Which of the following refers to what we do?
a. action
b. status
c. possession
d. duty
a. action
In Robinson v. California (1962), the Supreme Court held that Robinson's conviction must be
a. upheld because his addiction resulted from a voluntary act.
b. upheld because people addicted to narcotics are a danger to themselves and others.
c. reversed be
c. reversed because a person cannot be punished for a status or condition.
The existence of a legal duty is what element of a crime?
a. attendant circumstance
b. Adjunct
c. concurrent
d. permissive
a. attendant circumstance
Which of the following is not one of the most common of criminal possession crimes?
a. possession of weapons
b. possession of illegal drugs
c. possession of drug paraphernalia
d. possession of child pornography
d. possession of child pornography
The criminal law refers to a failure to act when there is a legal duty to act as
a. an omission.
b. a commission.
c. a breach of contract.
d. a refusal.
a. an omission.
A legal fiction turns what into an act, although it is really a passive state?
a. legal duty
b. omission
c. possession
d. convolutionism
c. possession
Legal duties can arise from
a. statutes, contracts, and omissions.
b. statutes, contracts, and special relationships.
c. moral obligations that are generally recognized.
d. laws that require certain events to be reported.
b. statutes, contracts, and special relationships.
If there is no criminal conduct, there's no criminal
a. possession.
b. liability.
c. omission.
d. issue.
b. liability.
A friend of yours puts illegal drugs into your backpack without your knowledge. This is known as
a. constructive possession of the drugs.
b. knowing possession of the drugs.
c. mere possession of the drugs.
d. real possession of illegal drugs.
c. mere possession of the drugs.
What type of possession is required by most states before an act can be criminalized?
a. knowing
b. mere
c. constructive
d. perfunctory
a. knowing
The concurrence element means that a criminal intent has to
a. trigger the criminal act.
b. lead directly to the harm.
c. be the legal cause of the result.
d. flow from the act.
a. trigger the criminal act.
Serious crimes that include (1) a voluntary act, (2) the mental element (3) circumstantial elements, (4) causation and (5) criminal harm are also called
a. harm crimes.
b. mens rea crimes.
c. causation crimes.
d. bad result crimes.
d. bad result crimes.
Some serious crimes include five elements. Which of the following is not one of those elements?
a. a voluntary act
b. the mental element
c. causation
d. omission
d. omission
For an omission to be considered a crime, what must exist?
a. a compulsion to act
b. a legal duty to act
c. a moral duty to act
d. a necessity to act
b. a legal duty to act
Which of the following cannot be a criminal act?
a. fantasizing
b. speech
c. possession
d. omission to act
a. fantasizing
What modern phrase comes from the ancient idea of manifest criminality?
a. a bird in the hand is worth two in the bush
b. between a rock and a hard place
c. stuck in a rut
d. caught red-handed
d. caught red-handed
Which of the following is a voluntary act?
a. being addicted to the use of narcotics
b. knowing possession
c. attacking someone while sleepwalking
d. assaulting someone while suffering from automatism
b. knowing possession
In the plurality opinion in Powell v. Texas (1967), the conviction for public drunkenness was
a. affirmed because Powell was not punished for being an alcoholic but for the act of being drunk in a public place.
b. affirmed because Powell was being punishe
a. affirmed because Powell was not punished for being an alcoholic but for the act of being drunk in a public place.
Which of the following are the two kinds of criminal omission?
a. failure to observe and failure to intervene
b. failure to report and failure to observe
c. failure to move and failure to intervene
d. failure to report and failure to intervene
d. failure to report and failure to intervene
Which of the following is not one of the four building blocks of criminal codes?
a. criminal act
b. criminal intent
c. concurrence
d. bad intent
d. bad intent
Crimes requiring a criminal act triggered by criminal intent are called
a. bad intent crimes
b. public order crimes
c. conduct crimes
d. special crimes
c. conduct crimes
Which of the following is the most prominent result crime?
a. criminal homicide
b. criminal manslaughter
c. criminal rape
d. criminal voyeurism
a. criminal homicide
Most statutes adopt what MPC rule?
a. one-voluntary-act-is-enough rule
b. no-voluntary-act-is-enough rule
c. any-voluntary-act-is-enough rule
d. most-voluntary-act-is-enough rule
a. one-voluntary-act-is-enough rule
Automatism is the name given to
a. unconscious bodily movements
b. intoxicated bodily movements
c. conscious bodily movements
d. static bodily movements
a. unconscious bodily movements
Defenses based on creating a reasonable doubt about the prosecution's proof of a voluntary act are called
a. fault-based defenses
b. default-based defenses
c. non-fault-based defenses
d. voluntary-act-based defenses
a. fault-based defenses
Which of the following is a status that is voluntary?
a. addiction
b. sex
c. race
d. age
a. addiction
According to the general principle of actus reus, every crime has to include at least one
a. act
b. voluntary act
c. involuntary act
d. intended act
b. voluntary act
The Supreme Court has left adoption of general principles of liability and elements of specific crimes in criminal codes to
a. legislatures
b. fact-finding commission
c. the American Law Institute
d. local courts
a. legislatures
Failure to act is a crime only when
a. there is a legal duty to act
b. there are no police to do anything
c. a law is specifically written to address the act
d. the failure to act is reported
a. there is a legal duty to act
Which of the following is not a type of culpability in the Model Penal Code?
a. purpose
b. knowledge
c. negligence
d. willfulness
d. willfulness
The mental element of a crime is called the
a. mens rea.
b. harm.
c. actus reus.
d. concurrence.
a. mens rea.
In the absence of a confession, intent must generally be proven by what evidence?
a. peremptory
b. exclusive
c. referential
d. circumstantial
d. circumstantial
General intent is the intent to
a. commit a criminal act.
b. cause harm.
c. make the act cause the harm.
d. have the mens rea.
d. have the mens rea.
Proximate cause is a subjective question of fairness that appeals to the jury's sense of
a. justice.
b. duty.
c. fairness.
d. guilt.
a. justice.
Another term for criminal act is
a. mens rea.
b. actus reus.
c. de novo.
d. pro bono.
b. actus reus.
In strict liability cases, the prosecution has to prove only that defendants committed a
a. voluntary act that caused harm.
b. voluntary civil act that caused harm.
c. voluntary criminal act that caused harm.
d. voluntary mistake that caused harm.
c. voluntary criminal act that caused harm.
Mistake is a defense whenever the mistake prevents the formation of any fault-based
a. prejudice.
b. hate.
c. animus.
d. mens rea.
d. mens rea.
The objective determination that the defendant's act triggered a chain of events that ended as the bad result is called the
a. cause in fact.
b. negligent cause.
c. negligent cause.
d. subsequent cause.
a. cause in fact.
Fault that requires a "bad mind" in the actor is called
a. objective fault.
b. subjective fault.
c. no fault.
d. concurrent fault.
b. subjective fault.
The cause that either interrupts a chain of events or substantially contributes to a result is called the
a. proximate cause.
b. real cause.
c. intervening cause.
d. select cause.
c. intervening cause.
What is the only direct evidence of a defendant's mens rea?
a. a confession
b. a motive
c. a signed statement
d. a polygraph examination
a. a confession
In the Model Penal Code, the most blameworthy state of mind is
a. recklessly.
b. purposely.
c. negligently.
d. knowingly.
b. purposely.
What is the default degree of culpability where codes fail to identify a level of culpability?
a. negligence
b. recklessness
c. awareness
d. complicity
b. recklessness
Conscious risk creation is called
a. knowledge.
b. negligence.
c. contumacy.
d. recklessness.
d. recklessness.
Intent to commit a criminal act as defined in a statute is known as
a. general intent.
b. personal intent.
c. blameless intent.
d. negligent intent.
a. general intent.
Liability without fault, or in the absence of mens rea, is called
a. strict liability.
b. harm causation.
c. offending behavior.
d. wanton liability.
a. strict liability.
Which of the following forms of intent is both objective and subjective?
a. negligent
b. reckless
c. knowing
d. purpose
b. reckless
Factual cause is also known as which of the following?
a. "but for" cause
b. legal cause
c. proximate cause
d. intervening cause
a. "but for" cause
What kind of cause occurs after the defendant's act and before the harm?
a. intervening cause
b. concurrent cause
c. consecutive cause
d. contingent cause
a. intervening cause
What are the names of the two kinds of cause required to prove causation in "bad result" crimes?
a. factual cause and legal cause
b. legal cause and proximate cause
c. factual and "but for" cause
d. legal cause and negligent cause
a. factual cause and legal cause
Failure-of-proof defenses are also known as
a. mistakes.
b. liabilities.
c. legalities.
d. hate crimes.
a. mistakes.
Which kind of fault requires no purposeful or conscious bad mind in the actor?
a. objective fault
b. subjective fault
c. no fault
d. concurrent fault
a. objective fault
Criminal liability without subjective or objective fault is also called
a. strict liability.
b. harm causation.
c. offending behavior.
d. wanton liability.
a. strict liability.
Which of the following cases adopted and applied the general intent plus definition?
a. Harris v. State (1999)
b. State v. Stark (1992)
c. Haupt v. U.S. (1947)
d. State v. Jantzi (1982)
a. Harris v. State (1999)
Which of the following cases involves the mental state "purposely?"
a. Harris v. State (1999)
b. State v. Stark (1992)
c. Haupt v. U.S. (1947)
d. State v. Jantzi (1982)
b. State v. Stark (1992)
Which of the following cases involves the mental state "knowingly?"
a. Harris v. State (1999)
b. State v. Stark (1992)
c. Haupt v. U.S. (1947)
d. State v. Jantzi (1982)
d. State v. Jantzi (1982)
Which of the following statements is true regarding recklessness and negligence?
a. recklessness is about consciously creating risks; negligence is about unconsciously creating risks
b. recklessness is about unconsciously creating risks; negligence is abo
a. recklessness is about consciously creating risks; negligence is about unconsciously creating risks
The most common definition of specific intent is
a. general intent plus.
b. general intent.
c. subjective intent.
d. subjective intent plus.
a. general intent plus.
According to the Model Penal Code, what is the most blameworthy mental state?
a. purposely
b. knowingly
c. recklessly
d. negligently
a. purposely
What is the only crime defined in the U.S. Constitution?
a. murder
b. rape
c. treason
d. forgery
c. treason
The conscious creation of substantial and unjustifiable risks is the definition of
a. liability.
b. negligence.
c. recklessness.
d. reasonableness.
c. recklessness.
The test for negligence is
a. totally objective.
b. totally subjective.
c. totally conscious.
d. totally negligent.
a. totally objective.
The penalty for strict liability crimes generally is
a. very serious, because they are strict crimes.
b. 10-15 years incarceration.
c. mild, often with fines and no jail or prison time.
d. equivalent to a first degree felony.
c. mild, often with fines and no jail or prison time.
Ignorance of facts and law _____________create a reasonable doubt that the prosecution has proved the element of criminal intent.
a. can
b. cannot
c. always
d. never
a. can
The idea that it's fair and just to punish only people we can blame is
a. culpability
b. specific intent
c. liability
d. bad intent
a. culpability
The subjective judgment that it's fair and just to blame the defendant for the bad result is called
a. cause in fact
b. but for cause
c. legal cause
d. concurrence
c. legal cause
What term is Latin for guilty mind?
a. actus reus
b. mens rea
c. corpus delicti
d. actus non facit
b. mens rea
Fault that requires a bad mind in the actor is
a. subjective fault
b. objective fault
c. voluntary fault
d. conscious fault
a. subjective fault
Fault that requires no purposeful or conscious bad mind in the actor is
a. subjective fault
b. objective fault
c. voluntary fault
d. conscious fault
b. objective fault
How many mental states are there in the Model Penal Code?
a. three
b. four
c. five
d. Six
b. four
In the mental state of "knowing," the watchword is
a. awareness
b. consciousness
c. knowledge
d. voluntariness
a. awareness
The MPC proposes that fact finders determine recklessness according to what test?
a. a two-pronged test
b. a bad result test
c. a three-pronged test
d. a reckless knowledge test
a. a two-pronged test
The element of causation applies only to what kind of crimes?
a. "bad result" crimes
b. "bad knowledge" crimes
c. "reckless" crimes
d. "negligent" crimes
a. "bad result" crimes
What term is about holding an actor criminally accountable for the results of her conduct?
a. concurrence
b. causation
c. factual causation
d. practical causation
b. causation