Reference no: EM131074279

QUESTION 1. What doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discriminatory enforcement of laws?

a. equal protection
b. void-for-vagueness
c. Obscenity
d. Proportionality

QUESTION 2. Retroactive criminal laws undermine the "central values" of free societies.

True
False

QUESTION 3. For what crime did the Supreme Court ban the use of the death penalty in Coker v. Georgia (1977)?

a. treason
b. murder
c. espionage
d. rape of an adult female

QUESTION 4. Which of the following rights is guaranteed by the Fourth Amendment?

a. the right to freedom from cruel and unusual punishment
b. the right to freedom from unreasonable search and seizure
c. the right to free speech
d. the right to bear arms

QUESTION 5. What name is given to offensive, sexually explicit material that is not protected by the First Amendment?

a. libel
b. literature
c. obscenity
d. profanity

QUESTION 6. 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 downward departure standard
d. the upward departure standard

QUESTION 7. According to the U.S. Supreme Court, California's three-strikes law

a. violates the Eighth Amendment.
b. does not violate the Eighth Amendment.
c. is unconstitutional because it is disproportionate.
d. is constitutional only if applied to defendants who commit very serious felonies.

QUESTION 8. In what case did the Court apply the Apprendi rule to the U.S. Sentencing Guidelines?

a. Roper v. Simmons (2005)
b. Penry v. Lynaugh (1989)
c. Atkins v. Virginia (2002)
d. U.S. v. Booker (2005)

QUESTION 9. Which Amendment contains the ban on cruel and unusual punishment?

a. The Fourteenth Amendment
b. The Sixth Amendment
c. The Eighth Amendment
d. The Fifth Amendment

QUESTION 10. In which case did the Supreme Court rule that it violates the Constitution to execute a mentally retarded criminal defendant?

a. Coker v. Georgia. (1977)
b. Penry v. Lynaugh. (1989)
c. Roper v. Simmons. (2005)
d. Atkins v. Virginia. (2002)

QUESTION 11. The constitution balances the power of government with the liberty of individuals.

True
False

QUESTION 12. The ban on retroactive criminal lawmaking prevents officials from punishing conduct they think is wrong but which no existing criminal law prohibits.
True
False

QUESTION 13. 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 Fourteenth Amendments

QUESTION 14. Laws that require judges to impose a nondiscretionary minimum amount of prison time that all offenders have to serve are called

a. final sentencing laws
b. mandatory minimum sentencing laws
c. capital laws
d. three strikes laws

QUESTION 15. An ex post facto law does one of three things. Which of the following is not one of those things?

a. criminalize an act that was not a crime when it was committed.
b. increase the punishment for a crime after the crime was committed.
c. punish an offender disproportionately after the crime was committed.
d. take away a defense after the crime was committed.

QUESTION 16. The First Amendment protects only written or spoken words.

True
False

QUESTION 17. What rule ensures criminality is not subject to the passions of rulers, democratic or otherwise?

a. the rule of Apprendi
b. the rule of comity
c. the rule of censure
d. the rule of law

QUESTION 18. What article of the U.S. Constitution bans ex post facto laws?

a. Article Three
b. Article One
c. The U.S. Constitution does not ban ex post facto laws
d. Article Two

QUESTION 19. In Robinson v. California (1962), the Supreme Court ruled that a 90-day sentence for drug addiction was

a. disproportionate.
b. proportionate.
c. unreasonable.
d. realistic.

QUESTION 20. The right to privacy is specifically mentioned by name in the U.S. Constitution.

True
False

QUESTION 21. The authors of the U.S. Constitution were suspicious of

a. power in the hands of government officials.
b. the power of influential leaders.
c. the rights of individuals.
d. the rights of large groups of voters.

QUESTION 22. After U.S. v. Booker (2005) sentencing guidelines became

a. mandatory.
b. applicable.
c. advisory.
d. unconstitutional.

QUESTION 23. Thirty-five mentally retarded persons were executed between 1976 when the death penalty was reinstated and 2001.

True
False

QUESTION 24. 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 special purposes of sentencing under federal law.
b. public opinion.
c. the Eighth Amendment.
d. the general purposes of sentencing under federal law.

QUESTION 25. Apprendi v. New Jersey (2000) struck down a New Jersey statute authorizing judges to increase a maximum sentence based on facts that the judge found to be true by a preponderance of the evidence, but not proof beyond a reasonable doubt.

True
False

QUESTION 26. A trial without a jury is called:

a. an unconstitutional trial
b. a jury trial
c. a bench trial
d. a verdict trial

QUESTION 27. Other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt.
True
False

QUESTION 28. In addition to speech, the First Amendment also includes expressive conduct.

True
False

QUESTION 29. The void-for-overbreadth doctrine invalidates laws that have what effect on protected expression?

a. an unacceptable chilling effect
b. an unacceptable facilitating effect
c. an unacceptable retracting effect
d. an unacceptable excoriating effect

QUESTION 30. The death penalty is always a violation of the Eighth Amendment.

True
False

QUESTION 31. 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

QUESTION 32. 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. unconstitutional because it infringes on free speech.
b. unconstitutional because nude dancing is expressive conduct.
c. constitutional because it banned only totally nude dancing.
d. constitutional because it furthers a substantial government interest in protecting order and morality.

QUESTION 33. In Roper v. Simmons (2005), the Supreme Court held that the Eighth Amendment forbids the execution of

a. rapists.
b. drug dealers.
c. the mentally ill.
d. offenders who committed their crimes when they were under the age of 18.

QUESTION 34. 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. drug paraphernalia
b. obscene materials
c. marijuana
d. illegal weapons

QUESTION 35. In a pure democracy, the majority can have whatever it wants.

True
False

QUESTION 36. 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

QUESTION 37. Fighting words are not protected by the First Amendment.

True
False

QUESTION 38. Most state constitutions include a ban on retroactive statutes.

True
False

QUESTION 39. Racial classifications by the government are subjected to the rational basis test under the Equal Protection Clause.

True
False

QUESTION 40. Until what year did the guidelines and mandatory forms of fixed sentencing create only possible cruel and unusual punishment problems?

a. 2000
b. 1990
c. 2005
d. 1995

QUESTION 41. Equal protection of the law requires all people to be treated exactly alike.

True
False

QUESTION 42. Fair notice means that the defendant is aware that there is a law against a particular act.

True
False

QUESTION 43. The Supreme Court has ruled that the death sentence is unconstitutional for the crime of the rape of a child.

True
False

QUESTION 44. The principle of legality is also called "the first principle of criminal law."

True
False

QUESTION 45. Constitutional democracy is a pure democracy.

True
False

QUESTION 46. Vague laws violate the Fifth and Fourteenth Amendments to the constitution.

True
False

QUESTION 47. The U.S. Supreme Court took a "hands-off" approach to sentencing procedures until what case?

a. U.S. v. Booker (2005)
b. Blakely v. Washington (2004)
c. Gall v. U.S. (2007)
d. Apprendi v. New Jersey (2000)

QUESTION 48. 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. strict scrutiny
b. the compelling government interest test
c. the rational basis test
d. heightened scrutiny

QUESTION 49. The idea that the punishment must fit the crime is the Eighth Amendment principle of
a. equivocality.
b. equal protection.
c. aggregation.
d. proportionality.

QUESTION 50. What two evils does the void-for-vagueness doctrine address?

a. cruel and unusual punishment.
b. lack of fair warning and arbitrary and discriminatory law enforcement.
c. retroactive and arbitrary punishment.
d. 2005

QUESTION 51. Most state criminal codes today include a general part.

True
False

QUESTION 52. 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.

QUESTION 53. Sentencing laws that make prison release dependent on rehabilitation are called

a. independent sentencing laws.
b. determinate sentencing laws.
c. dependent sentencing laws.
d. indeterminate sentencing laws.

QUESTION 54. 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 intentionally.
d. The penalty inflicts enough pain so the offender experiences the full extent of society's disapproval.

QUESTION 55. 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.

True
False

QUESTION 56. What part of criminal law consists of principles that apply to more than one crime?

a. special part of criminal law
b. specific part of criminal law
c. generic part of criminal law
d. general part of criminal law

QUESTION 57. An offense which is punishable by one year or more in a state prison is called a

a. code offense.
b. felony.
c. common-law crime.
d. misdemeanor.

QUESTION 58. Most criminal law is found in the federal penal code.

True
False

QUESTION 59. Crimes and torts are essentially the same, but with different names.

True
False

QUESTION 60. The appellant is the party who

a. is appealing to overturn an unfavorable decision.
b. has not filed the charges against the appellee.
c. is appealing to ensure their victory in the court below.
d. has had an appeal filed against them.

QUESTION 61. If an appellate court affirms the decision of the court immediately below, this means that the lower court's decision is

a. not considered.
b. upheld.
c. questioned.
d. overturned.

QUESTION 62. "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. Keeler v. Superior Court (1970)
b. Commonwealth v. Rhodes 1996
c. Chaney v. State (1970)
d. U.S. v. Hudson and Goodwin (1812)

QUESTION 63. Crimes and torts are similar in that both are sets of rules telling us what we can't do.

True
False

QUESTION 64. Crimes punishable by more than a year of imprisonment are called felonies.

True
False

QUESTION 65. 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. general deterrence.
b. retribution.
c. special deterrence.
d. incapacitation.

QUESTION 66. The general part of criminal law defines specific crimes and arranges them into groups according to subject matter.

True
False

QUESTION 67. The distinction between criminal punishment and treatment is always clear-cut.

True
False

QUESTION 68. Of the following, which defendant may be required to be in court for a trial?

a. misdemeanor
b. gross misdemeanor
c. violation
d. felony

QUESTION 69. The special part of criminal law consists of principles that apply to more than one crime.

True
False

QUESTION 70. What are some of the reasons that the American Law Institute created the Model Penal Code?

a. classification and institutionalization.
b. clarification and institutionalization.
c. clarification and simplification.
d. organization classification.

QUESTION 71. The principle of utility permits only the minimum amount of pain necessary in order to prevent crime.

True
False

QUESTION 72. In the citation 319 N.W. 2d 459, the number 459 represents the

a. volume number.
b. date the case was argued.
c. date the decision was handed down.
d. page where the opinion begins in a volume.

QUESTION 73. The elements of the crime of embezzlement would be found in the general part of the criminal law.

True
False

QUESTION 74. To obtain a conviction, the prosecution must prove every element of the offense

a. beyond a reasonable doubt.
b. by showing probable cause.
c. by a preponderance of the evidence.
d. beyond a shadow of a doubt.

QUESTION 75. Determinists reject the free-will assumption that underlies retribution.

True
False

QUESTION 76. Definitions of crimes are divided into four groups. Which of the following is not one of those groups?

a. crimes against public.
b. crimes against public order and morals.
c. crimes against property.
d. crimes against persons.

QUESTION 77. Discretionary decision making is decision making that is in plain view.

True
False

QUESTION 78. Crimes against public order and morals include all of the following crimes except:

a. prostitution.
b. gang crimes.
c. illegal immigration.
d. stealing.

QUESTION 79. What are offenses of general applicability?

a. felony and complicity crimes
b. complicity and attempt crimes
c. property and attempt crimes
d. misdemeanor and felony crimes

QUESTION 80. Before there were criminal codes, social order depended on obedience to unwritten rules based on

a. community customs and traditions.
b. the sheriff.
c. community customs and polls.
d. traditions and polls.

QUESTION 81. Since the mid-1980s, the two rationales that have dominated penal policy are

a. vengeance and rehabilitation.
b. deterrence and rehabilitation.
c. reformation and deterrence.
d. retribution and incapacitation.

QUESTION 82. 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 tell us what we can and can't do.
c. They both apply only to economic wrongs.
d. They both apply only to criminals.

QUESTION 83. The assumption underlying rehabilitation theory is that

a. forces beyond offenders' control cause them to commit crimes and experts using the correct therapy can reform criminals.
b. sometimes the cure for criminality involves large doses of pain.
c. criminal behavior is primarily a medical problem that can be cured with the correct drugs.
d. rehabilitation requires long-term incarceration and intense treatment.

QUESTION 84. The police decision to investigate or not is an example of what kind of decision making?

a. appropriate
b. indiscriminate
c. discretionary
d. political

QUESTION 85. 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. prevention.
b. incapacitation.
c. deterrence.
d. retribution.

QUESTION 86. 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. to aid in appellate court review.
c. such statements can be therapeutic to the defendant.
d. such statements can be therapeutic to the victim.

QUESTION 87. What thought process says that human beings seek pleasure and avoid pain?

a. rationalism.
b. minimalization.
c. hedonism.
d. rationalization.

QUESTION 88. Violations of federal and state agency rules are called administrative crimes.

True
False

QUESTION 89. Although municipalities have broad power, they are limited in which of the following ways?

a. city law preempts municipality law.
b. federal statutory law.
c. constitutional limits.
d. they cannot create misdemeanors.

QUESTION 90. Which of the following is not true of a felony crime?

a. a felony is never punished by imprisonment
b. a felony is more serious than a misdemeanor
c. a felony is punishable by death or an imprisonment of more than one year
d. felony defendants have to be in court for their trials

QUESTION 91. Which of the following is true for both crimes and torts?

a. they only apply to low-income persons
b. they address only misdemeanor crimes
c. they tell us what we can't do
d. consequences include incarceration

QUESTION 92. Private wrongs for which you can sue the party who wronged you and recover money are known as

a. torts.
b. mala prohibitum offenses.
c. regulatory violations.
d. misdemeanors.

QUESTION 93. The legal rule the court has decided to apply to the facts of the cases is called the

a. holding.
b. result.
c. issue.
d. reasoning.

QUESTION 94. Criminal codes evolved from common law.

True
False

QUESTION 95. The burden of proof for crimes is different than the burden of proof for torts.

True
False

QUESTION 96. Where is most criminal law found?

a. federal criminal codes
b. state criminal codes
c. city criminal codes
d. county criminal codes

QUESTION 97. 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. Jeremy Bentham
b. The authors of the Old Testament
c. George Bernard Shaw
d. Isaac Ehrlich

QUESTION 98. Punishments differ widely among the states.

True
False

QUESTION 99. Which theory of crime focuses on an ‘eye for an eye' mentality and emphasizes on getting even?

a. Incapacitation
b. retribution
c. rehabilitation
d. general deterrence

QUESTION 100. Which of the following is the highest standard of proof known to the law?

a. beyond a reasonable doubt
b. absolute certainty
c. probable cause
d. preponderance of the evidence