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Criminal Law
Q:
California penal code section 240-241 states:
240) An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
241) (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
Section 241 identifies assault as what kind of crime?
a. felony.
b. misdemeanor.
c. mala in se.
d. mala prohibita.
Q:
California penal code section 240-241 states:
240) An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
241) (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
Section 240 is an example of
a. the general part of criminal law.
b. the special part of criminal law.
c. a case opinion.
d. the facts of criminal law.
Q:
John works in a legal office. His boss asks him to review the following case: Miranda v. Arizona, 384 U.S. 436 (1966).
What information would John use to determine the page where the case is located?
a. Miranda v. Arizona.
b. 384
c. U.S.
d. 436
Q:
John works in a legal office. His boss asks him to review the following case: Miranda v. Arizona, 384 U.S. 436 (1966).
What information would John use to determine the volume where the case is located?
a. Miranda v. Arizona.
b. 384
c. U.S.
d. 436
Q:
John works in a legal office. His boss asks him to review the following case: Miranda v. Arizona, 384 U.S. 436 (1966).
What portion of the citation tells John what reporter to look in to find the case?
a. Miranda v. Arizona.
b. 384
c. U.S.
d. 436
Q:
Of the following categories, what one can we say with certainty is an appropriate classification for the theft of the checks?
a. mala in se.
b. mala prohibita.
c. misdemeanor.
d. felony.
Q:
Sally is accused of stealing some checks from her boss. She is found not guilty of any criminal wrong at trial. Her boss sues her and receives a judgment ordering Sally to pay her for the amount lost from the stolen checks.
Sally's boss received a judgment for money because of what difference between criminal and noncriminal wrongs?
a. the burden of proof is higher for criminal wrongs than for noncriminal wrongs.
b. the burden of proof is lower for criminal wrongs than for noncriminal wrongs.
c. the burden of proof is equal for criminal wrongs than for noncriminal wrongs.
d. none of these answers is correct
Q:
Stan robs a woman while she is walking home from work. Police later identify Stan as the robber and he is arrested. Stan is found guilty of robbery and is sentenced to one year in jail. During sentencing the judge notes that his reasoning for the sentence is that being in jail will keep Stan from robbing any other people and he wants to set an example for others.
Punishing Stan as an example for other is an example of what purpose for punishment?
a. special deterrence.
b. general deterrence.
c. retribution.
d. incapacitation.
Q:
Stan robs a woman while she is walking home from work. Police later identify Stan as the robber and he is arrested. Stan is found guilty of robbery and is sentenced to one year in jail. During sentencing the judge notes that his reasoning for the sentence is that being in jail will keep Stan from robbing any other people and he wants to set an example for others.
Preventing Stan from committing other robberies by putting him in jail is an example of what purpose for punishment?
a. special deterrence.
b. general deterrence.
c. retribution.
d. incapacitation.
Q:
Stan robs a woman while she is walking home from work. Police later identify Stan as the robber and he is arrested. Stan is found guilty of robbery and is sentenced to one year in jail. During sentencing the judge notes that his reasoning for the sentence is that being in jail will keep Stan from robbing any other people and he wants to set an example for others.
The reasoning of the judge for sentencing Stan is an example of which of the following?
a. informal discretionary decision making
b. judicial opinions
c. formal criminal processing
d. judicial lawmaking
Q:
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. retribution.
b. prevention.
c. deterrence.
d. incapacitation.
Q:
Of the following groups, what one is imprisoned at the highest rate?
a. black men.
b. Hispanic men.
c. white men.
d. asian men.
Q:
Although municipalities have broad power, they are limited in which of the following ways?
a. constitutional limits.
b. they cannot create misdemeanors.
c. federal statutory law.
d. city law preempts municipality law.
Q:
When state and municipal code provisions conflict, which one is supposed to take precedence?
a. state codes.
b. municipal codes.
c. it depends on the crime.
d. Neither, the federal government will step in.
Q:
What are some of the reasons that the American Law Institute created the Model Penal Code?
a. clarification and simplification.
b. classification and institutionalization.
c. organization classification.
d. clarification and institutionalization.
Q:
Who did legal reformers believe should make laws?
a. judges.
b. presidents.
c. legislatures.
d. sheriffs.
Q:
Codifying a criminal offense means to
a. define the crime and spell out the punishment in writing.
b. set the offense in stone.
c. write the sentence out using computer based language.
d. revert to the use of common law.
Q:
Before there were criminal codes, social order depended on obedience to unwritten rules based on
a. community customs and traditions.
b. community customs and polls.
c. traditions and polls.
d. the sheriff.
Q:
What was the original source of law?
a. legislatures.
b. administrative agencies.
c. courthouses.
d. common law.
Q:
Crimes against public order and morals include all of the following crimes except:
a. stealing.
b. illegal immigration.
c. gang crimes.
d. prostitution.
Q:
Definitions of crimes are divided into four groups. Which of the following is not one of those groups?a. crimes against persons.b. crimes against public.c. crimes against property.d. crimes against public order and morals.
Q:
In the citation 319 N.W. 2d 459, the number 459 represents the
a. volume number.
b. page where the opinion begins in a volume.
c. date the decision was handed down.
d. date the case was argued.
Q:
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
a. reversed the trial court's decision.
b. affirmed the trial court decision.
c. reversed and remanded the trial court decision.
d. declined the trial court decision.
Q:
If an appellate court affirms the decision of the court immediately below, this means that the lower court's decision is
a. upheld.
b. overturned.
c. questioned.
d. not considered.
Q:
The legal rule the court has decided to apply to the facts of the cases is called the
a. issue.
b. holding.
c. result.
d. reasoning.
Q:
The appellant is the party who
a. is appealing to ensure their victory in the court below.
b. is appealing to overturn an unfavorable decision.
c. has had an appeal filed against them.
d. has not filed the charges against the appellee.
Q:
What are offenses of general applicability?
a. misdemeanor and felony crimes
b. felony and complicity crimes
c. complicity and attempt crimes
d. property and attempt crimes
Q:
Administrative crimes
a. do not exist because agencies do not have the power to enact rules.
b. can only be enacted by federal agencies.
c. are no longer a significant source of criminal law.
d. are a rapidly growing source of law.
Q:
Which of the following is not true of a felony crime?
a. a felony is more serious than a misdemeanor
b. a felony is punishable by death or an imprisonment of more than one year
c. a felony is never punished by imprisonment
d. felony defendants have to be in court for their trials
Q:
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 apply only to economic wrongs.
c. They both apply only to criminals.
d. They both tell us what we can and can"t do.
Q:
Mala prohibita crimes include all of the following except
a. parking tickets.
b. drinking in public.
c. rape.
d. loitering.
Q:
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. such statements can be therapeutic to the defendant.
c. to aid in appellate court review.
d. such statements can be therapeutic to the victim.
Q:
Sentencing laws that make prison release dependent on rehabilitation are called
a. dependent sentencing laws.
b. indeterminate sentencing laws.
c. determinate sentencing laws.
d. independent sentencing laws.
Q:
When professionals make judgments based on their training, their experience, and unwritten rules this is called
a. discretionary decision making.
b. biased decision making.
c. affirmative decision making.
d. productive decision making.
Q:
Which of the following is the highest standard of proof known to the law?
a. absolute certainty
b. preponderance of the evidence
c. probable cause
d. beyond a reasonable doubt
Q:
Where is most criminal law found?
a. state criminal codes
b. federal criminal codes
c. city criminal codes
d. county criminal codes
Q:
What part of criminal law defines specific crimes and arranges them into groups according to subject matter?
a. general part of criminal law
b. generic part of criminal law
c. specific part of criminal law
d. special part of criminal law
Q:
What part of criminal law consists of principles that apply to more than one crime?
a. general part of criminal law
b. generic part of criminal law
c. specific part of criminal law
d. special part of criminal law
Q:
Criminal law is only one kind of
a. social norm.
b. social control.
c. social event.
d. informal control.
Q:
According to the text, which of the following is not a property crime?
a. Fraud
b. Arson
c. Burglary
d. Vagrancy
Q:
Since the mid-1980s, the two rationales that have dominated penal policy are
a. retribution and incapacitation.
b. deterrence and rehabilitation.
c. reformation and deterrence.
d. vengeance and rehabilitation.
Q:
The assumption underlying rehabilitation theory is that
a. criminal behavior is primarily a medical problem that can be cured with the correct drugs.
b. rehabilitation requires long-term incarceration and intense treatment.
c. forces beyond offenders' control cause them to commit crimes and experts using the correct therapy can reform criminals.
d. sometimes the cure for criminality involves large doses of pain.
Q:
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. The authors of the Old Testament
b. George Bernard Shaw
c. Jeremy Bentham
d. Isaac Ehrlich
Q:
The police decision to investigate or not is an example of what kind of decision making?
a. indiscriminate
b. discretionary
c. political
d. appropriate
Q:
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. incapacitation.
b. special deterrence.
c. retribution.
d. general deterrence.
Q:
Which theory of crime focuses on an "˜eye for an eye" mentality and emphasizes on getting even?
a. retribution
b. rehabilitation
c. general deterrence
d. Incapacitation
Q:
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.
Q:
To obtain a conviction, the prosecution must prove every element of the offense
a. by a preponderance of the evidence.
b. beyond a reasonable doubt.
c. by showing probable cause.
d. beyond a shadow of a doubt.
Q:
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.
Q:
Which of the following is true for both crimes and torts?
a. they only apply to low-income persons
b. they tell us what we can"t do
c. consequences include incarceration
d. they address only misdemeanor crimes
Q:
What thought process says that human beings seek pleasure and avoid pain?
a. rationalism.
b. hedonism.
c. minimalization.
d. rationalization.
Q:
An offense which is punishable by one year or more in a state prison is called a
a. common-law crime.
b. code offense.
c. misdemeanor.
d. felony.
Q:
Of the following, which defendant may be required to be in court for a trial?
a. misdemeanor
b. gross misdemeanor
c. violation
d. felony
Q:
Who has the burden of proof regarding criminal conduct?
a. the judge
b. the jury
c. the defense
d. the prosecution
Q:
Private wrongs for which you can sue the party who wronged you and recover money are known as
a. torts.
b. misdemeanors.
c. regulatory violations.
d. mala prohibitum offenses.
Q:
"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. Commonwealth v. Rhodes 1996
b. Chaney v. State (1970)
c. Keeler v. Superior Court (1970)
d. U.S. v. Hudson and Goodwin (1812)
Q:
Discuss the problems parolees and inmates experience as they reenter society.
Q:
What is meant by prisoners' rights? Provide some key privileges that have been granted to inmates.
Q:
Discuss the history and at least five functions of jails.
Q:
What intensive probation supervision? In your reply identify and discuss its goals.
Q:
A variety of alternative sentences exist, in part, to relieve prison and jail overcrowding. Identify and discuss four of these intermediate sanctions.
Q:
What is probation, how does the process work, and what is its success rate?
Q:
Compare and contrast death penalty arguments. Provide four arguments for both sides of the issue.
Q:
Examine capital punishment in the United States.
Q:
Differentiate between indeterminate and determinate sentences and their purposes.
Q:
Identify four goals of punishment and explain their justifications.
Q:
Because of America's two-decade-long imprisonment boom, more than 700,000 inmates are now being released back into the community each year.
Q:
In Johnson v. California, the Supreme Court ruled that the segregation of prison inmates based on race, in their cells or anywhere on prison grounds, is an inappropriate form of racial classification.
Q:
Children of incarcerated parents are five times more likely to serve time in prison than are children whose parents are not incarcerated.
Q:
Inmates have always had the right to secure proper medical attention.
Q:
Punishment in prison is considered cruel and unusual when it shocks the general conscience.
Q:
Medium-security prisons operate without armed guards or walls; usually they are constructed in compounds surrounded by chain-link fences.
Q:
Jails house inmates for federal, state, or other authorities because of crowding of their facilities.
Q:
Jails originated in Europe in the sixteenth century and were used to house those awaiting trial and punishment.
Q:
Electronic monitoring, while highly effective, is also highly expensive.
Q:
Shock probation programs typically include youthful, first-time offenders and feature military discipline and physical training.
Q:
National data indicate that about 60 percent of probationers successfully complete their probationary sentences while about 40 percent are rearrested, violate probation or abscond.
Q:
Felons are usually incarcerated in a federal or state prison; misdemeanants are housed in county jails or reformatories.
Q:
Mandatory sentencing generally expands the judge's discretionary power to impose any disposition viewed as proportionate to the offense.
Q:
Sentencing guidelines set out mandatory requirements of the length of incarceration.