Ch04 Inside Criminal Law.docx

Chapter 4: Inside Criminal Law TRUE/FALSE 1. Precedent is a court decision that serves as example of authority for deciding subsequent cases T F 2. English traditions are the exclusive source of common law. T F 3. Statutory law does not include ordinances passed by cities and counties. T F 4. Case law effectively establishes a single legal interpretation of a statute across multiple jurisdictions. T F 5. The primary functions of the law are to protect citizens from harm and to maintain and promote social values. T F 6. A state of being aware that a risk does exist and then disregarding that risk is recklessness. T F 7. An act that is deemed reckless is more serious than one that is purposefully committed. T F 8. Statutory rape is an example of a strict liability crime. T F MULTIPLE CHOICE 1. One of the earliest known examples of written law was a. the Code of Hammurabi. b. the Mosaic Code. c. English common law. d. the Bill of Rights. REF: 99 2. Lex talionis is the concept of a. equity. b. causation. c. retribution. d. concurrence. REF: 99 3. Statutory law includes all of the following except a. state and federal statutes. b. county ordinances. c. city ordinances. d. case law. REF: 101 4. The model penal code sets forth a. case law decisions. b. general principles of criminal responsibility. c. administrative laws and rules. d. common law. REF: 102 5. The rules, orders, and decisions of regulatory agencies are known as a. statutory law b. case law c. bureaucratic law d. administrative law REF: 103 6. The purpose of the social function of law is to a. socialize offenders. b. reflect values and norms of society. c. rehabilitate offenders. d. preserve common law. REF: 104 7. The legal function of the law is to a. protect and punish. b. protect and rehabilitate. c. rehabilitate and release. d. rehabilitate and teach. REF: 104 8. Which of the following is not one of the functions of criminal law? a. Teach societal boundaries b. Rehabilitate criminal offenders c. Express public morality d. Protection of citizens from criminal harm REF: 104-105 9. A wrongful mental state is known as ________________. a. actus reus b. corpus delicti c. mens rea d. stare decisis REF: 108 10. Mens rea may be categorized as a. premeditated and deliberate. b. reckless or negligent. c. with malice aforethought. d. purposeful, knowing, negligent, or reckless. REF: 108 11. ________________ makes it possible to convict a person of a crime he or she did not actually commit. a. Criminal liability b. Strict liability c. Accomplice liability d. Attendant circumstances REF: 111 12. Many states use the concept of __________________ to impose harsher penalties on certain crimes. a. accomplice liability b. attendant circumstances c. strict liability d. concurrence REF: 112 13. Hate crime laws make a person’s __________ an important attendant circumstance to his or her criminal act. a. motive b. mens rea. c. ethnicity d. negligence REF: 112-113 COMPLETION 1. Precedents are rules of law announced in . REF: 99 2. The practice of deciding new cases with reference to precedents is known as ____ . REF: 100 3. Legislatures enact . REF: 101 4. Through its , the American Law Institute seeks to bring uniformity to U.S. law. REF: 102 5. The primary legal function of the law is to maintain social order by protecting citizens from ____________________. REF: 104 6. ______________ is the guilty act. REF: 107 7. ________________ is the failure to exercise the standard of care that a reasonable person would exercise in similar circumstances. REF: 109 8. A wrongful mental state, or intent, is called . REF: 109 Chapter 4: Inside Criminal Law – Worksheet 2 TRUE/FALSE 1. Criminal law specifies that there must be concurrence between the guilty act and the guilty intent. T F REF: 111 2. Inchoate offenses are those committed with an accomplice. T F REF: 113 3. Insanity is a valid justification defense. T F REF: 114 4. The necessity defense asserts that circumstances required the defendant to commit the illegal act. T F REF: 119 5. Substantive due process mandates that the law must be carried out in a method that is fair and orderly. T F REF: 120 6. The Bill of Rights is comprised of the ten Amendments to the Constitution. T F REF: 122 7. The due process clause basically requires that government not act unfairly or arbitrarily. T F REF: 123 8. Substantive due process requires that the laws used in accusing and convicting offenders be fair. T F REF: 123 MULTIPLE CHOICE 1. The M’Naughten rule is a. a test for measuring sanity. b. case law use at pretrial. c. admission of intoxication test results at trial. d. evidence exclusions under Mapp v. Ohio. REF: 114-115 2. Public backlash against the insanity defense led to enacting a. the substantial capacity test. b. the irresistible impulse test. c. “guilty but mentally ill” statutes. d. the Durham rule. REF: 116 3. Alcohol intoxication can be used as a defense when a. it does not involve large amounts. b. it is involuntary. c. there is a designated driver. d. no injuries are sustained by victims. REF: 116-117 4. Which of the following is not a justification defense? a. Duress b. Involuntary intoxication c. Necessity d. Entrapment REF: 118-120 5. All of the following are requirements for the defense of duress, except: a. the threat must be of serious bodily harm or death b. the threat must be induced by a public official c. the threat must be immediate and inescapable d. the harm threatened must be greater than the harm caused by the crime REF: 118 6. Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform is __________________. a. duress b. mistake c. necessity d. entrapment REF: 118 7. The _____________ amendment requires states to adhere to the Bill of Rights. a. First b. Sixth c. Ninth d. Fourteenth REF: 122 8. The __________ Amendment contains the prohibition against double jeopardy. a. 4th b. 5th c. 6th d. 8th REF: 122 9. The ________ amendment protects against double jeopardy. a. Fourth b. Sixth c. Fifth d. Seventh REF: 122 10. In criminal law, _____________ prevents unfair practices such as forced confessions, denial of counsel, or unreasonable searches. a. substantive due process b. procedural due process c. stare decisis d. Lex talionis REF: 123 11. The ___________ Amendment provides that no person shall be deprived of life, liberty or property without due process of law. a. 4th b. 5th c. 6th d. 8th REF: 123 12. Ultimately, it is the ______________ which determines whether an individual’s due process has been violated. a. United States Supreme Court b. Federal Legislature c. Prosecutor d. President REF: 125 COMPLETION 1. Strict liability allows a finding of guilt even if is lacking. REF: 110 2. An act that is deemed criminal because it could do harm, which laws try to prevent, is called a(n) . REF: 113 3. Infancy is a defense in which the individual’s wrongdoing is excluded because he/she is too to understand the consequences of his/her actions. REF: 114 4. ______________ is unlawful pressure brought upon a person causing them to perform an act they would not otherwise have performed. REF: 118 5. The law that defines the acts the government will punish is called . REF: 120 6. The rules that define how the rights and duties of individuals can be enforced is criminal law. REF: 134 7. The Amendment provides that no person should be deprived of life, liberty, or property without due process of law.