Chapter 1: Fundamentals Of Criminal Law And Procedure 1. Our legal system regards crimes as offenses not just against individual victims, but against society as a whole. Answer: True 2. A “tort” is a very serious crime for which one may be incarcerated in a prison for more than one year. Answer: False 3. A misdemeanor is considered more serious than a felony. Answer: False 4. In certain instances, a person may be held criminally responsible regardless of intent. Answer: True 5. In the American legal system, there can be no crime, and no punishment, except as provided by law. Answer: True 6. American criminal law is derived largely from the English common law. Answer: True 7. The federal government has adopted the common law of crimes. Answer: False 8. Appellate courts perform an error correction function, but they do not perform a lawmaking function. Answer: False 9. The most important constitutional principle relative to criminal procedure is “due process of law.” Answer: True 10. A defendant in a criminal case is presumed innocent and to obtain a conviction the prosecution must establish the defendant’s guilt beyond a reasonable doubt. Answer: True 11. The framers of the Constitution invested Congress with “police power” so that it would have unlimited authority to enact criminal laws. Answer: False 12. Congress created the Model Penal Code to replace the common law. Answer: False 13. The Bill of Rights was adopted by Congress prior to the ratification of the Constitution. Answer: False 14. In Brandenburg v. Ohio (1969), the U.S. Supreme Court struck down a state law prohibiting “criminal syndicalism.” Answer: True 15. “Decisional law” is the body of law developed by appellate courts. Answer: True 16. The presumption of innocence in a criminal case flows from the broader principle of strict liability. Answer: False 17. The Supreme Court has struck down the practice of plea bargaining because it violates due process of law. Answer: False 18. All criminal sanctions must be consistent with the 8th Amendment prohibition of cruel and unusual punishments. Answer: True 19. Community service can never be imposed as a condition of pretrial diversion. Answer: False 20. Retribution refers to an order that an offender compensate his or her victim financially. Answer: False 21. Mala in se offenses include __________. a. rape b. arson c. murder d. All of these Answer: D 22. Which of the following crimes is a misdemeanor? a. grand theft b. sexual battery c. disorderly conduct d. burglary Answer: C 23. The reasonable doubt standard that applies to criminal prosecutions differs markedly from the ___________ standard that applies to civil cases. a. preponderance of evidence b. clear and convincing evidence c. totality of circumstances d. compelling interest Answer: A 24. Which of the following offenses is an example of a strict liability crime? a. robbery b. forgery c. selling alcoholic beverages to a minor d. grand theft Answer: C 25. The procedural criminal law is promulgated both by legislative bodies, through enactment of statutes, and by the courts, both through judicial decisions and the development of __________. a. regulations b. consent decrees c. extraordinary writs d. rules of court procedure Answer: D 26. In contrast to Roman law systems, which are based on legal codes, the English common law developed primarily through ___________. a. judicial decisions b. statutes c. administrative orders d. royal edicts Answer: A 27. In early days of the American republic, ___________ became something of a “legal bible.” a. Magna Charta b. the Napoleonic Code c. Blackstone’s Commentaries d. the Twelve Tables Answer: C 28. As most new states came into the Union, generally their legislatures adopted _________ incorporating the common law to the extent that it did not conflict with the federal or their respective state constitutions. a. reception statutes b. writs of mandamus c. bills of attainder d. precedents Answer: A 29. When authorized by state constitutions or acts of state legislatures, cities and many counties may adopt _________ that define certain criminal violations. a. charters b. statutes c. regulations d. ordinances Answer: D 30. The Model Penal Code was published by the ________, an organization of distinguished judges, lawyers, and academics. a. Academy of Criminal Justice Sciences b. National Center for State Courts c. American Law Institute d. Federal Judicial Center Answer: C 31. By 1600, the English common-law judges had defined as felonies the crimes of murder, manslaughter, mayhem, robbery, burglary, arson, larceny, rape, suicide, and ____________. a. stalking b. abortion c. assault d. sodomy Answer: D 32. Article III, Section 3 of the U.S. Constitution defines the crime of ____________. a. counterfeiting b. piracy c. sedition d. treason Answer: D 33. Article I, Sections 9 and 10 of the United States Constitution prohibit Congress and the state legislatures, respectively, from enacting ____________. a. laws infringing on the right to keep and bear arms b. laws respecting an establishment of religion c. ex post facto laws d. cruel and unusual punishments Answer: C 34. An overview of the American system of criminal justice suggests fundamental constitutional principles, which include all of the following except ___________. a. constitutional supremacy b. administrative preemption c. federalism d. separation of powers Answer: B 35. The __________ Amendment to the United States Constitution protects individuals against unreasonable searches and seizures. a. First b. Second c. Third d. Fourth Answer: D 36. Which of the following statements is INCORRECT? a. Virtually all provisions of the Bill of Rights have been held to apply with equal force to the states and to the national government. b. Unlike the state legislatures, Congress does not possess police power, which is the broad authority to enact prohibitions to protect public order, safety, decency, and welfare. c. Congress has used its broad power to regulate interstate commerce to criminalize a wide range of offenses. d. The U.S. Constitution grants Congress unlimited power to define federal crimes. Answer: D 37. The ______ Amendment to the United States Constitution protects individuals from compulsory self-incrimination. a. Second b. Fourth c. Fifth d. Sixth Answer: C 38. In rendering interpretations of the law, appellate courts generally follow precedent, in keeping with the common-law doctrine of ___________. a. stare decisis b. caveat emptor c. amicus curiae d. lex talionis Answer: A 39. States are the primary locus of ____________, which is the power to make laws in furtherance of the public health, safety, welfare and morality. a. the police power b. sovereignty c. eminent domain d. parens patriae Answer: A 40. Today the principal actors in defining crimes and punishments are ___________. a. the state courts b. county and municipal governments c. state legislatures d. the federal appellate courts Answer: C 41. Most fundamentally, due process requires fair notice and ___________. a. appeal b. fair hearing c. swift and certain punishment d. just compensation Answer: B 42. Before approving a plea bargain, it is the trial judge’s responsibility to determine ________. a. that the defendant’s plea is voluntary b. that the defendant’s plea has been made knowingly c. that there is a factual basis for the offense charged by the prosecution d. all of these Answer: D 43. To convict a person of a crime, a court must find that person is guilty __________. a. by a preponderance of the evidence b. beyond a reasonable doubt c. with absolute certainty d. None of these Answer: B 44. As society becomes more cognizant of the rights of crime victims, courts are increasingly likely to require that persons convicted of crimes ____________. a. make restitution b. confront their accusers c. be held in custody while their cases are appealed d. receive more lenient punishments Answer: A 45. In many states, community service is required as part of a (an) ____________ in which first-time nonviolent offenders are offered the opportunity to avoid prosecution. a. plea bargain b. grant of clemency c. pretrial diversion program d. alternative dispute resolution Answer: C 46. ___________ does not refer to a person’s motive or reason for acting, but merely to his or her having formed a mental purpose to commit a criminal act. Answer: Mens rea or criminal intent 47. Criminal law distinguishes between serious crimes, known as felonies, and less serious offenses, called ____________. Answer: misdemeanors 48. Our legal system regards crimes as offenses against _________. Answer: society (or the state) 49. Acts such as murder, rape, robbery, and arson are considered ______ offenses, or inherent wrongs. Answer: mala in se 50. The __________ criminal law prohibits certain forms of conduct by defining crimes and establishing the parameters of penalties. Answer: substantive 51. In the sixth century A.D., the Code of _____ was promulgated throughout the Roman Empire. Answer: Justinian 52. The Napoleonic Code, promulgated in 1804 as a codification of all the civil and criminal laws of France, was based in large part on the ___________. Answer: Roman law 53. The common-law doctrine of following precedent, known as ___________, remains an important component of both the English and American legal systems. Answer: stare decisis 54. Of the fifty states, ____________ is the only one whose legal system is not based essentially on the common law. Rather, it is based primarily on the Napoleonic Code. Answer: Louisiana 55. One method of distinguishing among types of crimes is by reference to the underlying __________ interests that give rise to criminal prohibitions. Answer: societal 56. The basic principles of the American constitutional system are constitutional supremacy, federalism and ___________. Answer: separation of powers 57. A good example of a ___________ offense is selling alcoholic beverages to a minor. Answer: strict liability 58. Most civil wrongs are classified as breaches of contracts or _________. Answer: torts 59. The authority of state legislatures to enact criminal prohibitions to protect the public health, safety, order and welfare is known as the ___________. Answer: police power 60. The Model Penal Code was developed by the ___________. Answer: American Law Institute 61. The first ten amendments to the U.S. Constitution are known collectively as the __________. Answer: Bill of Rights 62. Trial courts make factual determinations and apply settled law to those facts, while ________ courts interpret and develop the law. Answer: appellate 63. Procedural due process contains two basic elements: fair notice and ___________. Answer: fair hearing 64. One of the most basic tenets of criminal procedure is the presumption of ___________. Answer: innocence 65. The conditional release of a convicted criminal in lieu of incarceration is known as ___________. Answer: probation After drinking a six-pack of beer with friends on Halloween night, Taylor Brady is seen throwing rocks at a car belonging to Carson Pullman, a neighbor with whom Brady has had disagreements in the past. The police are called to the scene and, after questioning Brady and several witnesses, take Brady into custody. At the station house, they administer a blood alcohol test, which indicates that Brady’s blood alcohol level is .09%. Taylor is charged with public intoxication. 66. Taylor Brady also can be charged criminally with: a. sabotage b. vandalism c. antisocial conduct d. civil disobedience Answer: b 67. Taylor may be sued by Carson Pullman for: a. wrongful destruction of property b. disorderly conduct c. reckless endangerment d. public intoxication Answer: a 68. At his first appearance in court, Taylor claims that he was improperly questioned by police because they did not advise him of his right to remain silent. This is a question of: a. substantive criminal law b. common law c. civil law d. procedural criminal law Answer: d 69. In this case, a sentence of probation might involve the condition that Taylor: a. perform specific deterrence b. be incarcerated in the state penitentiary c. make restitution d. engage in plea bargaining Answer: c 70. Carson Pullman’s role in the criminal case against Taylor Brady would be that of: a. witness b. plaintiff c. prosecutor d. mediator Answer: a Congress has passed a law making it a crime for a person who does not have automobile liability insurance to operate a motor vehicle anywhere in the United States. The penalty for violating the statute is a fine of $1000 and/or a term of incarceration of thirty days. A group of citizens and several state governments have brought suit to challenge the constitutionality of this statute. 71. Federal courts have the authority to rule on the __________ of federal criminal prohibitions. a. meaning b. constitutionality c. both meaning and constitutionality d. neither meaning nor constitutionality Answer: c 72. Which constitutional principle is involved in this hypothetical case? a. federalism b. separation of powers c. due process of law d. strict liability Answer: a 73. Congress might have the power to enact the challenged law using its: a. taxing authority b. police power c. power to regulate interstate commerce d. Model Penal Code Answer: c 74. The criminal law being challenged in this hypothetical case is an example of: a. procedural criminal law b. substantive criminal law c. common law d. decisional law Answer: b 75. The crime defined by the statute under review is a: a. felony b. common-law offense c. mala in se offense d. misdemeanor Answer: d Test Bank for Criminal Law and Procedure John M. Scheb 9781285070117, 9781285690292, 9781285546131
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