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Criminal Law Exam
Collaborative Review Assignment #1
| Question | Answer |
|---|---|
| What is an offense which is punishable by one year or more in a state prison called? | Felony |
| Criminal law reformers called for the abolition of common-law crimes because they | contended that law created by judges was not only disorderly and incomplete, it was antidemocratic. |
| Even in states that have codified their criminal codes, the common-law is important today because | most misdemeanors are still common-law crimes. |
| If an appellate court affirms the decision of the court immediately below, this means that the lower court’s decision is | upheld. |
| Sentencing laws that make prison release dependent on rehabilitation are called | indeterminate sentencing laws. |
| The assumption underlying rehabilitation theory is that | forces beyond offenders’ control cause them to commit crimes and experts using the correct therapy can reform criminals. |
| 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 | retribution |
| What is a trial without a jury called? | a bench trial |
| According to Griswold v. Connecticut (1965), which of the following describes the constitutional right to privacy? | a fundamental right |
| According to the principle of there must be a specific law defining a crime and setting out the punishment before a person can be punished for that crime? | proportionality |
| Equal protection does not require that | everyone, or even all criminals, be treated exactly alike. |
| In which case did the Supreme Court rule that it violates the Constitution to execute a mentally retarded criminal defendant? | Atkins v. Virginia. (2002) |
| The doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discriminatory enforcement of laws. | void-for-vagueness |
| The U.S. Supreme Court took a “hands off” approach to sentencing procedures until what case? | Gall v. U.S. (2007) |
| The void-for-overbreadth doctrine invalidates laws that have what effect on protected expression? | an unacceptable chilling effect |
| Until what year did the guidelines and mandatory forms of fixed sentencing create only possible cruel and unusual punishment problems? | 2000 |
| What is the name of a law that criminalizes an act that was innocent when it was committed? | ex post facto law |
| What name is given to offensive, sexually explicit material that is not protected by the First Amendment? | obscenity |
| Which Amendment to the Constitution contains the Equal Protection clause? | The Fourteenth Amendment |
| Which of the following is protected by the First Amendment? | flag burning as a political protest |
| A friend of yours puts illegal drugs into your backpack without your knowledge. This is known as | mere possession of the drugs |
| A legal fiction turns what into an act, although it is really a passive state? | possession |
| Criminal conduct that qualifies for criminal punishment is the definition of | criminal liability |
| Criminal liability is defined as criminal conduct that qualifies for criminal: | punishment |
| For an omission to act to be a crime, what must exist? | a legal duty to act |
| In the English case King v. Cogdon (1951), Mrs. Cogdon was acquitted of murder because | her acts were done while asleep and thus were not voluntary |
| Legal duties can arise from | statutes, contracts, and special relationships |
| Only voluntary acts qualify as criminal | actus reus |
| The concurrence element means that a criminal intent has to | trigger the criminal act |
| The criminal law refers to a failure to act as | an omission |
| The requirement that attitudes have to turn into deeds is called what? | manifest criminality |
| Those crimes requiring a criminal act triggered by criminal intent are | conduct crimes |
| What modern phrase comes from the ancient idea of manifest criminality? | caught red-handed |
| What type of possession is required by most states before an act can be criminalized? | knowing |
| Which doctrine imposes a legal duty to help or call for help for imperiled strangers? | the “Good Samaritan” doctrine |
| Which type of possession is it where one has physical control of banned stuff? | actual possession |
| Another term for criminal act is | mens rea |
| Conscious risk creation is called | recklessness |
| Criminal liability without subjective or objective fault is also called | strict liability. |
| Failure-of-proof defenses are also known as | mistakes |
| In strict liability cases, the prosecution has to prove only that defendants committed a | voluntary criminal act that caused harm. |
| In the absence of a confession, intent must generally be proven by _____ evidence. | circumstantial |
| In the Model Penal Code, the most blameworthy state of mind is | purposely |
| Intent to commit a criminal act as defined in a statute is known as | general intent |
| Proximate cause is a subjective question of fairness that appeals to the jury’s sense of | Justice |
| The cause that either interrupts a chain of events or substantially contributes to a result is called the | intervening cause |
| The most common definition of specific intent is | general intent plus |
| What are the names of the two kinds of cause required to prove causation in “bad result” crimes? | factual and “but for” cause |
| What is the only crime defined in the U.S. Constitution? | treason |
| What is the only direct evidence of a defendant’s mens rea? | a confession |
| What kind of cause occurs after the defendant’s act and before the harm? | intervening cause |
| Which kind of fault requires no purposeful or conscious bad mind in the actor? | objective fault |
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