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Review Chapters 1-8
Criminal Law
| Question | Answer | |
|---|---|---|
| Case citations are summaries of a court’s majority opinion. | False | |
| Crimes and torts are essentially the same, but with different names. | False | |
| Most states have abolished common-law crimes. | False | |
| Retributionists assume that | Justice is best served by sending convicted offenders to prison. | |
| Sentencing laws that make prison release dependent on rehabilitation are called | Indeterminate sentencing laws | |
| Who has the burden of proof regarding criminal conduct? | The prosecution | |
| After the adoption of the Model Penal Code in 1962, more than forty states changed their criminal codes. | True | |
| Which of the following theories or justifications for punishment is retrospective (looks back at the crime)? | Retribution | |
| Which of the following is the highest standard of proof known to the law? | Beyond a reasonable doubt | |
| Which of the following is not one of the criteria required for criminal punishment? | The penalty inflicts enough pain so the offender experiences the full extent of society’s approval | |
| Where is most criminal law found? | State Criminal Code | |
| 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 | Reversed and remanded the trial court decision. | |
| 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 | |
| The criminal law is the only form of social control in our society and the only way to hold a person responsible for deviating from social norms. | False | |
| 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. | |
| In the citation 319 S.W, 2d 459, the number 459 represents the | Page where the opinion begins in a volume. | |
| If an appellate court affirms the decision of the court immediately below, this means that the lower court’s decision is... | Upheld | |
| Even in states that have codified their criminal codes, the common-law is important today because | It is used by judges to help them interpret current criminal statutes. | |
| 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. | |
| Crimes punishable by more than a year of imprisonment are called felonies. | True | |
| Crimes and torts are similar in that both are sets of rules telling us what we can’t do. | True | |
| Classical deterrence theory states that rational human beings won’t commit crimes if they know that the pain of punishment outweighs the pleasure gained from committing crimes. | True | |
| City, town, and village governments do not enjoy broad powers to create criminal laws. | False | |
| An offense which is punishable by one year or more in a state prison is called a | Felony | |
| A trial without a jury is 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. | |
| Ex post facto laws are forbidden by the Constitution. | True | |
| Fighting words are not protected by the First Amendment. | True | |
| In our constitutional democracy, the Constitution limits the power of the majority. | True | |
| In which case did the Supreme Court rule that it violates the Constitution to execute a mentally retarded criminal defendant? | Atkins v. Virginia. (2002) | |
| Laws that are overly broad in their reach might have a chilling effect on the exercise of freedom of expression. | True | |
| Racial classifications by the government are subjected to the rational basis test under the Equal Protection Clause. | False | |
| Retroactive criminal laws undermine the “central values” of free societies. | True | |
| 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 death penalty is always a violation of the Eighth Amendment. | False | |
| The Eighth Amendment requires that punishments be proportional to the crime. | True | |
| The right to privacy is specifically mentioned by name in the U.S. Constitution. | False | |
| The right to privacy is specifically mentioned by name in the U.S. Constitution. | False | |
| The U.S. Supreme Court has ruled that vague laws do not violate the guarantees of the U.S. Constitution. | True | |
| The U.S. Supreme Court took a “hands off” approach to sentencing procedures until what case? | Apprendi v. New Jersey (2000) | |
| 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? | 14th | |
| Which amendments to the Constitution resulted in the void-for-vagueness doctrine? | 5th and 14th | |
| Which of the following is protected by the First Amendment? | Flag burning as a political protest | |
| Which of the following rights is guaranteed by the Fourth Amendment? | The right to freedom from unreasonable search and seizure | |
| The right to freedom from unreasonable search and seizure | 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 | |
| Drivers with dangerously high blood pressure who suffer strokes while they’re driving and kill someone while the stroke has incapacitated them is an example of which of the following? | voluntarily induced involuntary acts | |
| For an omission to act to be a crime, what must exist? | A legal duty to act | |
| If there is no criminal conduct, there’s no criminal? | Liability | |
| 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. | |
| Most offenses that don’t require a mens rea do include which of the following? | An attendant circumstances element | |
| Only voluntary acts qualify as criminal | Only voluntary acts qualify as criminal | |
| Some serious crimes include five elements. Which of the following is not one of those elements? | Some serious crimes include five elements. Which of the following is not one of those elements? | |
| 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 majority of minor crimes against public order and morals do not include | Mens rea | |
| The requirement that attitudes have to turn into deeds is called | Manifest criminality | |
| Those crimes requiring a criminal act triggered by criminal intent are | Conduct crimes. | |
| What failures to perform legal duties are punishable as criminal omissions? | Unreasonable | |
| 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 | |
| When you possess something you don’t know you possess, it is called | Mere possession | |
| Which doctrine imposes a legal duty to help or call for help for imperiled strangers? | the “Good Samaritan” doctrine | |
| Which of the following cannot be a criminal act? | Fantasizing | |
| Which of the following is a voluntary act? | Knowing possession | |
| Which type of possession is it where one has physical control of banned stuff? | Actual possession | |
| Another term for criminal act is? | Actus Reus | |
| Conscious risk creation is called | Recklessness | |
| Criminal liability without subjective or objective fault is also called | Strict Liability | |
| Factual cause is also known as which of the following? | “but for” cause | |
| Failure-of-proof defenses are also known as | Mistakes | |
| General intent is the intent to | Have the mens rea | |
| Ignorance of facts and law create a reasonable doubt that the prosecution has proved the element of criminal intent. | Can | |
| 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 conscious creation of substantial and unjustifiable risks is the definition of | Recklessness | |
| The mental element of a crime is called the | Mens Rea | |
| The most common definition of specific intent is | General intent plus | |
| The objective determination that the defendant’s act triggered a chain of events that ended as the bad result is called the | Cause in fact. | |
| The penalty for strict liability crimes generally is | Mild, often with fines and no jail or prison time. | |
| What are the names of the two kinds of cause required to prove causation in “bad result” crimes? | Factual cause and legal cause | |
| What is the default degree of culpability where codes fail to identify a level of culpability? | Recklessness | |
| 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 | |
| Which of the following is not a type of culpability in the Model Penal Code? | Willfulness | |
| A defense in which the defendant accepts responsibility for the act but claims what they did was right is called | Justification | |
| A defense in which the defendant admits the act but claims that, under the circumstances, they aren’t legally responsible is called | Excuse | |
| A person can use deadly force against an attacker whom the victim reasonably believes is going to cause them an injury less than death. The attacker is said to be threatening | Serious bodily injury | |
| A person who was the initial aggressor can gain a lawful right to self-defense if they do which of the following from the incident they started? | Completely withdraw | |
| At the heart of the choice-of-evils defense is the necessity to prevent | imminent danger | |
| At the heart of the defense of consent is the high value placed on the right to | Individual Autonomy | |
| Defensive force may be used only if the threat or danger is | Imminent | |
| Evidence that doesn’t amount to a perfect defense might amount to an imperfect defense; that is, defendants are | Guilty of lesser offenses | |
| Evidence that doesn’t amount to a perfect defense might amount to a/an | Imperfect defense | |
| In many jurisdictions, affirmative defenses typically have to be proven by the defendant | By a preponderance of the evidence | |
| In some jurisdictions, a person must retreat before using defensive deadly force if | They can reasonably do so in safety | |
| Knowing consent means | the person consenting understands what she’s consenting to | |
| Most defenses are perfect defenses; if they’re successful, defendants are | Acquitted | |
| Supporters of the castle laws see them as the public reasserting? | Fundamental Rights | |
| The case of The Queen v. Dudley and Stephens (1884) involves which defense? | The general principle of necessity | |
| The castle exception is an exception to what doctrine? | The retreat doctrine | |
| The general rule is that self-defense is available only against what type of attacks? | Unprovoked | |
| The modern right to use force against those unlawfully entering the person’s home generally | Does not include defense of the curtilage | |
| The retreat requirement is weakest or nonexistent when persons are attacked | In their own homes | |
| To provide a valid consent defense, the consent of the victim must be | Knowing and voluntary | |
| Which doctrine holds that a person does not have to retreat if he or she didn’t start the fight, even if it is safely possible? | The stand-your-ground rule | |
| Which of the following is a key requirement of the necessity defense? | That no reasonable legal option exists for averting the harm | |
| Which of the following never justifies the use of force against another person? | Retaliation | |
| Defendants rarely plead insanity. Those who do | Rarely succeed | |
| Defendants who plead an excuse defense admit what they did was wrong but argue that, under the circumstances, | They were not culpable for their actions. | |
| For purposes of insanity statutes, mental diseases do not include | Psychopathic and sociopathic personalities | |
| In criminal law, insanity is | A legal concept | |
| In the majority of states, duress is not a defense for | Murder | |
| Insanity excuses criminal liability because | The defendant was so mentally ill he or she couldn’t form criminal intent and/or control their actions. | |
| New Hampshire and Maine were the only states to adopt what rule for the insanity defense? | The Durham rule | |
| The defense of diminished capacity | Involves a claim that the defendant did not have the mens rea for the crime charged because of a mental disease or defect. | |
| The defense of insanity excuses criminal liability when it seriously damages defendants’ capacity to control their acts and/or capacity to reason and | Understand the wrongfulness of their conduct | |
| The diminished capacity defense is available | Only in few states | |
| The entrapment defense arose primarily in response to police excesses in enforcing what laws? | Consensual crime | |
| The insanity defense stands for the important proposition that we can only blame people who are | Responsible | |
| The objective test of entrapment focuses on | The actions of police | |
| The right-wrong test focuses on defect in reason or | Cognition | |
| The subjective entrapment test is available for a defendant who can show the government | Caused an otherwise reasonable and law-abiding person to commit a crime. | |
| Under the M’Naghten test of insanity, the defendant is legally insane at the time of the crime if, because of a mental disease or defect, he did not know that what he was doing was wrong or did not know | The nature and quality of the act | |
| What is another name for the product test? | the Durham rule | |
| What is the name of the right-wrong test of insanity? | the M'Naghten rule | |
| What legal term applies when a juvenile court gives up jurisdiction over a juvenile and transfers the case to the adult criminal court? | Waiver | |
| What word do those who criticize the use of the word “know” in insanity tests prefer? | Appreciate | |
| Which test focuses on criminal acts resulting from mental disease? | Product-of-mental-illness | |
| Which test focuses on defect in reason or cognition? | Right-wrong | |
| Which test focuses on defect in self-control or will? | Volitional incapacity | |
| Which test focuses on reason and self-control? | Substantial capacity | |
| Which test of insanity focuses on the defendant’s inability to control their conduct? | Irresistible impulse | |
| Accessory to a crime is a separate offense, usually a | Misdemeanor | |
| According to what rule is even presence at the scene of a crime followed by flight not enough action to satisfy the actus reus requirement of accomplice liability? | The mere presence rule | |
| An agreement to commit a crime is a | Conspiracy | |
| Criminal liability is imposed on accomplices and accessories because they | Participated in the crime | |
| Criminal liability of corporations is a form of what kind of liability? | Vicarious | |
| In general, merely being present at the scene of a crime | Is not sufficient to create accomplice liability | |
| Liability based on ownership or operation of a business may be specifically imposed by | Statute | |
| Mere presence of the defendant at the scene of a crime may create accomplice liability if | The defendant has a duty to prevent the crime and fails to prevent or attempt to prevent it | |
| Modern accessory-after-the-fact statutes typically have how many mens rea elements? | Two | |
| Most vicarious liability involves which of the following relationships? | Business | |
| Parent responsibility statutes are based on parents’ acts and | Omissions | |
| Participants after crimes are committed are known as | Accessories | |
| Participants after the commission of crimes are | Sometimes guilty of a separate, less serious offense | |
| Participants before and during the commission of crimes are | Guilty of the crime itself | |
| Participants who are involved after the commission of a crime are guilty of a | Separate, less serious offense | |
| Purposely acting and wanting a crime to succeed clearly qualifies as accomplice | Mens rea | |
| Vicarious liability transfers the actus reus and the mens rea of one person to another person—or from one or more persons to an enterprise—because of their | Relationship | |
| What are the two parties to crime that exist today? | Accomplices participants and accessories participants | |
| What dramatically changed the nature of corporations from government entities controlled by government to private business operated by internal management? | The industrial revolution | |
| What is the name of the rule that the conspiracy to commit the crime and the crime committed as a result of the conspiracy are different offenses? | The Pinkerton rule | |
| What transfers the actus reus and mens rea of an employee to the employer? | Vicarious liability | |
| What type of liability establishes when a party can be criminally liable because of a relationship? | Vicarious | |
| What type of liability establishes when you can be criminally liable for someone else’s conduct? | Complicity | |
| What was the Court’s rationale for extending vicarious liability by the doctrine of respondeat superior? | "The history of the times" | |
| Which liability has to be created by statute? | Vicarious liability | |
| A conspiracy where one or more defendants participate in every transaction is known as | A wheel conspiracy | |
| A conspiracy where participants at one end may know nothing of those at the other end, but every participant handles the same commodity at different points, such as manufacture, distribution, and sale is known as | A chain conspiracy | |
| All inchoate offense share two elements: the actus reus of taking some steps toward accomplishing the criminal purpose—but not enough steps to complete the intended crime, and | The mens rea of attempt | |
| Conspiracy actus reus consists of two parts: an agreement to commit a crime (in all states) and | an overt act in furtherance of the agreement (in about half the states) | |
| Criminal attempts, criminal conspiracies, and criminal solicitation are all what kind of crimes? | Inchoate | |
| Inchoate offenses punish people for crimes they’ve started to commit | But have not finished committing | |
| Legal impossibility is | A defense to attempt liability | |
| Physical proximity tests of the actus reus of attempt focus on | How close the defendant gets to committing the crime | |
| Stabbing an already dead victim is an example of | A factual impossibility | |
| The crime of trying to get someone else to commit a crime is known as | Solicitation | |
| The defendant sees a car he wants to steal and breaks the window glass. The police interrupt. It turns out the car belongs to the defendant. The defendant | Has a valid defense of legal impossibility | |
| The Model Penal Code’s substantial steps test (also called the “MPC test”) was designed to accomplish three important goals. Which of the following is not one of those goals? | End all use of proximity and unequivocality tests with a clearer and easier-to-understand-and-apply test | |
| The rationale for attempt crimes focuses on what two types of danger? | Dangerous conduct and dangerous people | |
| The reason that legal impossibility will act as a defense to attempt and factual impossibility will not is because | It’s legally impossible to commit a crime that doesn’t exist | |
| To be a defense to attempt, the abandonment of the attempt must be | Voluntary | |
| Voluntary and complete abandonment of an attempt in progress is a defense to what liability in about half the states? | Attempt liability | |
| What has occurred when actors intend to commit crimes, and do everything they can to carry out their criminal intent, but the criminal law doesn’t ban what they did? | A legal impossibility | |
| What is a criminal objective? | The criminal goal to commit a crime | |
| What is the name of the crime of agreeing with one or more people to commit a crime? | Conspiracy | |
| What kind of conduct poses the following dilemma: whether to punish someone who’s done no harm or to set free someone who’s determined to commit a crime? | Incomplete criminal conduct | |
| Which of the following is required to obtain a solicitation conviction? | The person soliciting must solicit specific individuals as opposed to a more general audience | |
| Which of the following would be a valid impossibility defense? | What the defendant plans to do to the victim is not a criminal act | |
| Which rationale looks at how close defendants came to completing their crimes? | The dangerous act rationale | |
| Which test asks whether defendants have come “dangerously close” to completing the crime? | Dangerous proximity to success test | |
| Which test on whether defendants have gone far enough toward completing the crime that it’s unlikely they’ll turn back? | The probable desistance test |
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