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Criminal Justice A Brief Introduction 12th International Edition by Frank Schmalleger – Test Bank
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Chapter 2—The Nature of Crime
MULTIPLE CHOICE
- Criminal law is structured to reflect the preferences of those who hold social power, according to which view of crime?
| a. | The conflict view |
| b. | The interactionist view |
| c. | The consensus view |
| d. | The constructionist view |
ANS: B PTS: 1 DIF: 2 REF: p. 43-44
OBJ: 1 TOP: how crime is defined
- There are approximately _____ gang member in the United States.
| a. | 10,000 |
| b. | 75,000 |
| c. | 350,000 |
| d. | 750,000 |
ANS: D PTS: 1 DIF: 2 REF: p. 45
OBJ: 2 TOP: gangs
- Which of the following crimes is not included on the list of Part I or index crimes that is documented in the Uniform Crime Reports?
| a. | Criminal homicide |
| b. | Motor vehicle theft |
| c. | Simple assault |
| d. | Arson |
ANS: C PTS: 1 DIF: 1 REF: p. 51
OBJ: 2 TOP: Uniform Crime Reports
- Index crimes are a key unit of analysis in which of the following crime data sources?
| a. | National Crime Victimization Survey |
| b. | Uniform Crime Reports |
| c. | Monitoring the Future Survey |
| d. | National Incident-Based Reporting System |
ANS: B PTS: 1 DIF: 1 REF: p. 50-54
OBJ: 3 TOP: Uniform Crime Reports
- Which federal agency oversees the Uniform Crime Reports?
| a. | U.S. Department of Justice |
| b. | Federal Bureau of Investigation |
| c. | National Institute on Drug Abuse |
| d. | Bureau of Justice Statistics |
ANS: B PTS: 1 DIF: 1 REF: p. 50-54
OBJ: 3 TOP: Uniform Crime Reports
- Which of the following is considered the most widely cited source of criminal statistics?
| a. | National Crime Victimization Surveys |
| b. | National Indicators of Drug Abuse |
| c. | Uniform Crime Reports |
| d. | Bureau of Justice Statistics |
ANS: C PTS: 1 DIF: 1 REF: p. 50-54
OBJ: 3 TOP: Uniform Crime Reports
- Which of the following crimes is not reported in Part I or Part II of the offense section of the UCR?
| a. | Drug offenses |
| b. | Traffic violations |
| c. | Liquor law violations |
| d. | Sex offenses |
ANS: B PTS: 1 DIF: 1 REF: p. 51
OBJ: 2 TOP: Uniform Crime Reports
- Which of the following is an index crime?
| a. | Kidnapping |
| b. | Simple assault |
| c. | Motor vehicle theft |
| d. | Forgery |
ANS: C PTS: 1 DIF: 1 REF: p. 51
OBJ: 2 TOP: Uniform Crime Reports
- The UCR indicates that police clear slightly more than what percent of all reported Part I crimes each year?
| a. | 20 percent |
| b. | 35 percent |
| c. | 50 percent |
| d. | 65 percent |
ANS: A PTS: 1 DIF: 2 REF: p. 53
OBJ: 2 TOP: Uniform Crime Reports
- Which of the following is the redesigned variation on the Uniform Crime Reports that focuses on an expanded list of forty-six crimes, including emerging issues such as hate or bias crimes?
| a. | National Crime Victimization Survey |
| b. | Uniform Crime Reports Revised |
| c. | Monitoring the Future Survey |
| d. | National Incident-Based Reporting System |
ANS: D PTS: 1 DIF: 1 REF: p. 55
OBJ: 3 TOP: NIBRS
- What agency prepares the National Crime Victimization Survey?
| a. | Drug Enforcement Agency |
| b. | Bureau of Justice Statistics |
| c. | Central Intelligence Agency |
| d. | Federal Bureau of Investigation |
ANS: B PTS: 1 DIF: 1 REF: p. 55-57
OBJ: 3 TOP: National Crime Victimization Survey
- Which data source relies on a multi-stage sample of housing units to collect information about citizen’s encounters with criminals?
| a. | National Crime Victimization Survey |
| b. | Uniform Crime Reports |
| c. | Monitoring the Future Survey |
| d. | National Incident-Based Reporting System |
ANS: A PTS: 1 DIF: 2 REF: p. 55-57
OBJ: 3 TOP: National Crime Victimization Survey
- One of the most important sources of self-report data is the _____ study, conducted annually using approximately 2500 high school senior.
| a. | Monitoring the Future |
| b. | Juvenile Arrest |
| c. | National Center for Information about Crime |
| d. | Juvenile Social Survey |
ANS: A PTS: 1 DIF: 1 REF: p. 57-59
OBJ: 3 TOP: self-report surveys
- The National Crime Victimization Survey samples roughly how many households?
| a. | 5,000 |
| b. | 45,000 |
| c. | 85,000 |
| d. | 125,000 |
ANS: C PTS: 1 DIF: 2 REF: p. 55-57
OBJ: 3 TOP: National Crime Victimization Survey
- Which of the following is NOT a problem associated with the National Crime Victimization Survey (NCVS)?
| a. | Over-reporting because of victim’s misrepresentations of events |
| b. | Incomplete acts are lumped together with completed ones |
| c. | Underreporting stemming from the embarrassment of reporting crime |
| d. | Sampling errors which produce a group of respondents who do not represent the nation as a whole |
ANS: B PTS: 1 DIF: 3 REF: p. 56-57
OBJ: 4 TOP: National Crime Victimization Survey
- Information obtained from interviews and questionnaires with high school students would be classified as which of the following types of data?
| a. | Official |
| b. | Victimization |
| c. | Self-report |
| d. | Observational |
ANS: C PTS: 1 DIF: 1 REF: p. 57
OBJ: 3 TOP: self-report surveys
- Which type of study provides the best measure of unreported crimes?
| a. | Official records |
| b. | Prison data |
| c. | Self-report studies |
| d. | Victimization surveys |
ANS: C PTS: 1 DIF: 2 REF: p. 57
OBJ: 4 TOP: self-reported crime data
- Self-report surveys are conducted most often on which of the following groups?
| a. | Juveniles |
| b. | Death row inmates |
| c. | Prisoners |
| d. | Police officers |
ANS: A PTS: 1 DIF: 1 REF: p. 57
OBJ: 3 TOP: self-report surveys
- Which of the following statements about the validity of self-report data is false?
| a. | Serious chronic offenders usually cooperate |
| b. | Institutionalized youth are not generally represented |
| c. | Polygraphs can be used to validate the accuracy of self-reports |
| d. | The “known group” can be used to assess validity |
ANS: A PTS: 1 DIF: 3 REF: p. 58-59
OBJ: 4 TOP: self-report surveys
- Which of the following statements is false?
| a. | Some scholars argue that more and aggressive policing may lower serious crime rates. |
| b. | Get tough laws may affect crime rates. |
| c. | Recidivism of state prisoners is approximately 67 percent. |
| d. | The long term effects of incarceration may actually increase crime rates as individuals leave prison without valuable skills. |
ANS: D PTS: 1 DIF: 3 REF: p. 63
OBJ: 6 TOP: what the future holds
- Which of the following is not positively correlated with a higher rate of crime in a population?
| a. | A greater number of hours spent watching television |
| b. | A greater number of unwed mothers |
| c. | A greater proportion of people in prison |
| d. | A greater proportion of young males |
ANS: C PTS: 1 DIF: 2 REF: p. 60
OBJ: 5 TOP: crime trends
- In which season of the year does the greatest number of reported crimes occur?
| a. | Summer |
| b. | Fall |
| c. | Spring |
| d. | Winter |
ANS: A PTS: 1 DIF: 1 REF: p. 67
OBJ: 6 TOP: crime patterns
- Which of the following crimes are exceptions to the warm-weather crime trend?
| a. | Burglary and motor vehicle theft |
| b. | Murder and robbery |
| c. | Kidnapping and larceny |
| d. | Burglary and arson |
ANS: B PTS: 1 DIF: 1 REF: p. 67
OBJ: 6 TOP: crime patterns
- Studies reveal that approximately _____ percent of high school students admit to carrying a gun at least some of the time.
| a. | 1 |
| b. | 3 |
| c. | 10 |
| d. | 20 |
ANS: C PTS: 1 DIF: 2 REF: p. 70
OBJ: 6 TOP: use of firearms
- Which of the following has the highest homicide rate?
| a. | Brazil |
| b. | United States |
| c. | Canada |
| d. | Germany |
ANS: A PTS: 1 DIF: 2 REF: p. 68-69
OBJ: 7 TOP: international crime trends
- Which region has the highest property and violent crime rates?
| a. | Northeast |
| b. | Midwest |
| c. | South |
| d. | West |
ANS: C PTS: 1 DIF: 2 REF: p. 67
OBJ: 8 TOP: crime patterns
- Those who are unable to obtain desired goods and services through conventional means may resort to what type of crime in response?
| a. | Expressive crime |
| b. | Relative deprivation crime |
| c. | Instrumental crime |
| d. | Transitory crime |
ANS: C PTS: 1 DIF: 1 REF: p. 70
OBJ: 8 TOP: crime patterns
- A rehabilitation advocate would argue that _____ is the key to reducing crime.
| a. | punishment |
| b. | swift arrest |
| c. | opportunity |
| d. | due process |
ANS: C PTS: 1 DIF: 2 REF: p. 70
OBJ: 8 TOP: crime patterns
- Which of the following is not a statement used to explain gender differences in the crime rate?
| a. | Males are stronger and better able to commit violence. |
| b. | Hormones make men more aggressive. |
| c. | Girls are socialized to be less aggressive. |
| d. | Girls are granted greater personal freedom. |
ANS: D PTS: 1 DIF: 2 REF: p. 72-73
OBJ: 8 TOP: gender and crime
- Which of the following statements regarding the relationship between age and crime is true?
| a. | Property crime arrests peak at sixteen. |
| b. | There is no relationship between age and crime. |
| c. | Age is positively related to criminality. |
| d. | The age-crime relationship has changed significantly since 1935. |
ANS: A PTS: 1 DIF: 3 REF: p. 71
OBJ: 8 TOP: age and crime
- Which of the following is a theory that suggests that the traditionally lower crime rate for women can be explained by their second-class economic and social position?
| a. | Masculinity theory |
| b. | Liberal feminist theory |
| c. | Chivalry theory |
| d. | Radical Marxian theory |
ANS: B PTS: 1 DIF: 2 REF: p. 72-73
OBJ: 8 TOP: gender and crime
- Advocates of the _____ perspective are concerned about the possibility of racial bias and have drawn attention to racial profiling.
| a. | crime control |
| b. | due process |
| c. | restorative justice |
| d. | nonintervention |
ANS: B PTS: 1 DIF: 2 REF: p. 74-76
OBJ: 8 TOP: race and crime
- African Americans make up about 12 percent of the general population, yet account for approximately _____ percent of violent crime arrests.
| a. | 10 |
| b. | 25 |
| c. | 40 |
| d. | 65 |
ANS: C PTS: 1 DIF: 1 REF: p. 75
OBJ: 8 TOP: race and crime
- Which of the following statements regarding the relationship between race and crime is true?
| a. | Black violence rates are much lower in Canada and Nigeria. |
| b. | Many African American view the justice system as arbitrary and unfair |
| c. | African Americans receive longer sentences than whites with the same employment status |
| d. | All of these statements are true |
ANS: D PTS: 1 DIF: 3 REF: p. 68-69
OBJ: 7 TOP: international crime trends
- In the landmark study Delinquency in a Birth Cohort, researchers found that chronic offenders committed approximately what percent of all offenses?
| a. | 5 percent |
| b. | 30 percent |
| c. | 50 percent |
| d. | 75 percent |
ANS: C PTS: 1 DIF: 2 REF: p. 78
OBJ: 9 TOP: chronic offending and crime
TRUE/FALSE
- It is estimated that there are 75,000 gang members in the United States.
ANS: F PTS: 1 DIF: 2 REF: p. 45
OBJ: 2 TOP: types of crime
- UCR data captures the so-called dark figure of crime.
ANS: F PTS: 1 DIF: 2 REF: p. 50-54
OBJ: 3 TOP: Uniform Crime Reports
- Apparent increases in crime rates in the UCR may actually reflect changes in the way the police record their data.
ANS: T PTS: 1 DIF: 2 REF: p. 53-54
OBJ: 4 TOP: Uniform Crime Reports
- The National Crime Victimization Survey found that less than half of all violent crimes are reported to the police.
ANS: T PTS: 1 DIF: 2 REF: p. 55
OBJ: 3 TOP: NCVS
- Self-report data findings show that people commit far fewer crimes than those projected by official statistics.
ANS: F PTS: 1 DIF: 2 REF: p. 57-59
OBJ: 3 TOP: self-report findings
- Violent crime in the United States has increased significantly in the last few years.
ANS: F PTS: 1 DIF: 2 REF: p. 60
OBJ: 5 TOP: crime trends
- The availability of legalized abortion is one factor that been offered as a possible explanation for the drop in crime rates.
ANS: T PTS: 1 DIF: 1 REF: p. 60
OBJ: 5 TOP: crime trends
- Self-report studies indicate that the use of most drugs has declined since 1997.
ANS: T PTS: 1 DIF: 2 REF: p. 60
OBJ: 5 TOP: crime trends
- Three strikes laws were inspired by the research findings of the Philadelphia birth cohort study.
ANS: T PTS: 1 DIF: 2 REF: p. 78
OBJ: 6 TOP: chronic offending and crime
- The Philadelphia Birth Cohort study found that arrest and court appearances did little to deter chronic offenders.
ANS: T PTS: 1 DIF: 1 REF: p. 78
OBJ: 6 TOP: chronic offending and crime
COMPLETION
- Immigrants have significantly ____________________ rates of incarceration than the average U.S. citizen.
ANS: lower
PTS: 1 DIF: 2 REF: p. 42 OBJ: 5
TOP: immigration and crime
- Behaviors considered illegal because they run counter to existing moral standards are known as ____________________ crimes or victimless crimes.
ANS: public order
PTS: 1 DIF: 1 REF: p. 43 OBJ: 1
TOP: how crime is defined
- ____________________ is another name for the eight index crimes from the Uniform Crime Reports.
ANS: Part I crimes
PTS: 1 DIF: 1 REF: p. 51 OBJ: 1
TOP: how crime is defined
- A crime is said to be ____________________ when at least one person is arrested or charged with the commission of the offense.
ANS: cleared
PTS: 1 DIF: 1 REF: p. 53 OBJ: 3
TOP: Uniform Crime Reports
- Murder, forcible rape, robbery, burglary, larceny, motor vehicle theft, arson, and ____________________ make up the FBI’s Part I crimes.
ANS: aggravated assault
PTS: 1 DIF: 2 REF: p. 50-54 OBJ: 3
TOP: Uniform Crime Reports
- The three major areas of concern with regards to the accuracy of UCR data are methodological practices, reporting practices, and ____________________ practices.
ANS: law enforcement
PTS: 1 DIF: 2 REF: p. 52-54 OBJ: 4
TOP: Uniform Crime Reports
- The statistics for ____________________ are regarded as the most accurate aspect of the UCR.
ANS:
murder/homicide
murder
homicide
PTS: 1 DIF: 2 REF: p. 52-54 OBJ: 4
TOP: Uniform Crime Reports
- The view that younger African American males are subject to greater police control when their numbers increase within the population is known as ____________________ theory.
ANS: racial threat
PTS: 1 DIF: 2 REF: p. 75 OBJ: 6
TOP: race and crime
- ____________________ is the term commonly used to describe persistent repeat offenders who organize their lifestyle around criminality.
ANS:
Career criminal/chronic offender
Career criminal
Chronic offender
PTS: 1 DIF: 1 REF: p. 78 OBJ: 9
TOP: chronic offending and crime
- ____________________ mandate life in prison without the possibility of parole after a third felony conviction.
ANS: Three strikes laws
PTS: 1 DIF: 1 REF: p. 78 OBJ: 9
TOP: chronic offending and crime
ESSAY
- Discuss the three views of defining crime. Is there any overlap between the definitions?
ANS:
Answer not provided.
PTS: 1 DIF: 2 REF: p. 43-44 OBJ: 1
TOP: how crime is defined
- Describe the three major methods currently used to measure the nature and extent of crime. Address the advantages and disadvantages of each method.
ANS:
Answer not provided.
PTS: 1 DIF: 2 REF: p. 50-59 OBJ: 3 | 4
TOP: measuring crime
- Compare and contrast the recent trends in violent and property crime in the United States.
ANS:
Answer not provided.
PTS: 1 DIF: 2 REF: p. 60-62 OBJ: 5
TOP: trends in crime
- Describe the social, economic, personal, and demographic factors suggested by experts to account for the recent crime drop in the United States. Suggest one factor not mentioned in the chapter that may influence crime rates, and explain your rationale.
ANS:
Answer not provided.
PTS: 1 DIF: 3 REF: p. 64-66 OBJ: 5 | 6
TOP: explaining crime trends
- Describe both sides of the crime-class discussion.
ANS:
Answer not provided.
PTS: 1 DIF: 2 REF: p. 70-71 OBJ: 6
TOP: social class, socioeconomic conditions, and crime
- Discuss the intersection of race, class, gender, and crime.
ANS:
Answer not provided.
PTS: 1 DIF: 3 REF: p. 70-78 OBJ: 6
TOP: social class, race, gender and crime
- Describe the relationship between gender and crime and the various theories that have been developed to explain it. What do you believe is the most convincing explanation for the differences in the rate of male and female involvement in crime?
ANS:
Answer not provided.
PTS: 1 DIF: 3 REF: p. 72-74 OBJ: 6
TOP: gender and crime
- Detail the relationship between race and crime within the context of a due process perspective, and discuss suggested methods to reduce the crime rate.
ANS:
Answer not provided.
PTS: 1 DIF: 3 REF: p. 74-78 OBJ: 6
TOP: race and crime
- Discuss the Philadelphia birth cohort study and how its findings have shaped justice policy.
ANS:
Answer not provided.
PTS: 1 DIF: 2 REF: p. 78-80 OBJ: 9
TOP: chronic offending and crime
- Discuss three strikes laws and their relationship to the concept of the chronic offender.
ANS:
Answer not provided.
PTS: 1 DIF: 2 REF: p. 78-80 OBJ: 9
TOP: chronic offending and crime
Chapter 4—Criminal Law: Substance and Procedure
MULTIPLE CHOICE
- American civil law is primarily concerned with:
| a. | Compensating the injured party for harm |
| b. | Protecting the public against harm |
| c. | Controlling social values and mores |
| d. | Contracting legal obligations between aggrieved individuals |
ANS: A PTS: 1 DIF: 1 REF: p. 136
OBJ: 1 TOP: criminal law and civil law
- What goals underlie the broad purposes of the criminal law?
| a. | Protecting individual liberties and promoting freedom |
| b. | Preventing and controlling unacceptable behavior and protecting citizens |
| c. | Implementing and enacting the liberties set forth in the Bill of Rights |
| d. | Enacting informal acts of moral censure for forbidden social acts |
ANS: B PTS: 1 DIF: 3 REF: p. 138
OBJ: 1 TOP: criminal law and civil law
- Which of the early forms of judicial proceedings involved a determination of guilt based on the ability of the accused to withstand placing his hand in boiling water or holding a hot iron?
| a. | Trial by ordeal |
| b. | Trial by combat |
| c. | Trial by fire |
| d. | Trial by jury |
ANS: A PTS: 1 DIF: 1 REF: p. 139
OBJ: 2 TOP: the historical development of criminal law
- Which of the following is an advantage of a legal system based on the principle of stare decisis?
| a. | The system is able to respond immediately to changes in social opinion. |
| b. | The system promotes the use of legislative enactment of criminal statute. |
| c. | The system constrains the excesses of judicial common law. |
| d. | The system promotes stability and certainty in legal decisions. |
ANS: D PTS: 1 DIF: 3 REF: p. 141
OBJ: 2 TOP: development of common law
- In general, what branch of government is responsible for adding, removing, or modifying criminal statutes?
| a. | Judiciary |
| b. | Executive |
| c. | Media |
| d. | Legislature |
ANS: D PTS: 1 DIF: 2 REF: p. 141
OBJ: 2 TOP: development of common law
- Which of the following is not a source of criminal law?
| a. | Common law |
| b. | The New Testament |
| c. | Statutes |
| d. | Case decisions |
ANS: B PTS: 1 DIF: 1 REF: p. 142
OBJ: 3 TOP: sources of criminal law
- Regardless of its source, all criminal laws in the U.S. must conform to the rules and dictates of the:
| a. | U.S. Supreme Court |
| b. | Office of the Presidency |
| c. | United States Senate |
| d. | U.S. Constitution |
ANS: D PTS: 1 DIF: 1 REF: p. 142
OBJ: 3 TOP: constitutional limits
- Laws that are created and retroactively enforced are known as:
| a. | Ex post facto laws |
| b. | Attainder bills |
| c. | Entrapment |
| d. | Due process laws |
ANS: A PTS: 1 DIF: 1 REF: p. 143
OBJ: 3 TOP: constitutional limits
- What is the most common definition of a felony?
| a. | A crime punishable in the statute by death or imprisonment in a state prison |
| b. | Any crime punishable by imprisonment in a jail or state prison |
| c. | A crime punishable by grand jury indictment |
| d. | Any crime for which one can be imprisoned for more than three years in prison |
ANS: A PTS: 1 DIF: 1 REF: p. 143
OBJ: 6 TOP: classifying crimes
- The term actus reus refers to the:
| a. | Measurement of mental ability |
| b. | Exclusion of omission |
| c. | Guilty person |
| d. | Guilty act |
ANS: D PTS: 1 DIF: 1 REF: p. 146
OBJ: 4 TOP: the legal definition of a crime
- Criminal negligence is a form of:
| a. | Stare decisis |
| b. | Mala in se |
| c. | Mens rea |
| d. | Actus reus |
ANS: C PTS: 1 DIF: 1 REF: p. 147
OBJ: 4 TOP: the legal definition of a crime
- The individual’s state of mind or intent to commit a crime is formally referred to as:
| a. | Stare decisis |
| b. | Mala in se |
| c. | Mens rea |
| d. | Actus reus |
ANS: C PTS: 1 DIF: 1 REF: p. 147
OBJ: 4 TOP: the legal definition of a crime
- The choice of a person who is aware, or should be aware, of the potentially harmful consequences of his/her behavior, to engage in the behavior, regardless of the risk to others, is referred to in legal terms as:
| a. | Recklessness |
| b. | Criminal negligence |
| c. | Malice |
| d. | Contractual negligence |
ANS: A PTS: 1 DIF: 1 REF: p. 147
OBJ: 4 TOP: the legal definition of a crime
- When a person’s careless and inattentive actions cause harm, it is called:
| a. | Recklessness |
| b. | Criminal negligence |
| c. | Malice |
| d. | Negligence |
ANS: B PTS: 1 DIF: 1 REF: p. 148
OBJ: 4 TOP: the legal definition of a crime
- Narcotics control laws, health and safety regulations, and sanitation laws are examples of which legal principle?
| a. | Recklessness |
| b. | Criminal negligence |
| c. | Malice |
| d. | Strict liability |
ANS: D PTS: 1 DIF: 1 REF: p. 148
OBJ: 5 TOP: the legal definition of a crime
- Which of the following is not a type of excuse defense?
| a. | Ignorance |
| b. | Intoxication |
| c. | Entrapment |
| d. | Justification |
ANS: D PTS: 1 DIF: 1 REF: p. 149-156
OBJ: 7 TOP: criminal defenses
- The term insanity:
| a. | Is a type of mental illness |
| b. | Has standard legal symptoms |
| c. | Is a legal concept only |
| d. | Has not been addressed by statute |
ANS: C PTS: 1 DIF: 1 REF: p. 151
OBJ: 7 TOP: insanity
- The defense of mistake ultimately rests on proving:
| a. | Presumption of guilt |
| b. | Lack of intent |
| c. | Existence of extenuating circumstances |
| d. | Post facto affirmative presumption of innocence due to entrapment |
ANS: B PTS: 1 DIF: 2 REF: p. 151
OBJ: 7 TOP: ignorance | mistake
- The effect of intoxication upon criminal liability depends on:
| a. | The type of intoxicant used |
| b. | Whether the defendant voluntarily becomes intoxicated by using drugs or alcohol |
| c. | When the consumption of intoxicant began prior to the crime |
| d. | Whether the defendant has prior convictions |
ANS: B PTS: 1 DIF: 2 REF: p. 152
OBJ: 7 TOP: intoxication
- Insanity, intoxication, and age are examples of:
| a. | Legal defenses used to negate the required proof of mens rea |
| b. | Legal defenses that negate the required proof of actus reus |
| c. | Examples of defenses based on double jeopardy |
| d. | Legal defenses based on a presumption of conclusive incapacitation |
ANS: A PTS: 1 DIF: 2 REF: p. 151-153
OBJ: 7 TOP: criminal defenses
- Which standard of the insanity defense excuses a person whose mental disease makes it impossible to control their conduct?
| a. | The Durham rule |
| b. | The products test |
| c. | The M’Naghten rule |
| d. | The irresistible impulse test |
ANS: D PTS: 1 DIF: 2 REF: p. 151
OBJ: 7 TOP: insanity
- Which standard solely considers whether the accused is able to distinguish right from wrong?
| a. | The Durham rule |
| b. | The substantial capacity test |
| c. | The M’Naghten rule |
| d. | The irresistible impulse test |
ANS: C PTS: 1 DIF: 2 REF: p. 152
OBJ: 7 TOP: insanity
- Under common law, there was a conclusive presumption of incapacity for a child under the age of:
| a. | 7 |
| b. | 10 |
| c. | 14 |
| d. | 18 |
ANS: A PTS: 1 DIF: 1 REF: p. 153
OBJ: 7 TOP: age
- Which is the name for the legal defense that states law enforcement agents used decoys and deception to induce criminal action?
| a. | Insanity |
| b. | Double jeopardy |
| c. | Compulsion |
| d. | Entrapment |
ANS: D PTS: 1 DIF: 1 REF: p. 153
OBJ: 7 TOP: entrapment
- Which of the following is the determining factor in a successful defense of entrapment?
| a. | Whether a felony or misdemeanor was committed |
| b. | The predisposition of the defendant |
| c. | The subjective state of the officer |
| d. | The corollary intent of the arresting officer |
ANS: B PTS: 1 DIF: 3 REF: p. 153
OBJ: 7 TOP: entrapment
- What criminal defense was at issue in the case of Jacobson v. U.S.?
| a. | Insanity |
| b. | Self-defense |
| c. | Duress |
| d. | Entrapment |
ANS: D PTS: 1 DIF: 3 REF: p. 153
OBJ: 7 TOP: entrapment
- Statutory rape is an example of a crime that conclusively negates the use of what excuse?
| a. | Insanity |
| b. | Entrapment |
| c. | Consent |
| d. | Necessity |
ANS: C PTS: 1 DIF: 2 REF: p. 154
OBJ: 7 TOP: consent
- Which of the following is not a valid element of an affirmative self-defense?
| a. | Proving that no means of escape were available |
| b. | Proving that one was verbally threatened before defending oneself |
| c. | Proving that one came to the defense of another person |
| d. | Proving that imminent danger or death was present |
ANS: B PTS: 1 DIF: 3 REF: p. 154
OBJ: 7 TOP: self-defense
- The traditional legal position that a person must retreat before reacting to a threat with physical violence anywhere other than outside his own residence is referred to as the:
| a. | Castle exception |
| b. | Stand your ground rule |
| c. | Self-defense doctrine |
| d. | Home retreat waiver |
ANS: C PTS: 1 DIF: 2 REF: p. 155
OBJ: 7 TOP: stand your ground
- What element must be present in order for the excuse of necessity to be valid?
| a. | The victim consented. |
| b. | No means of escape were available. |
| c. | The harm to be avoided was greater than the offense charged. |
| d. | The offense was based on a presumptive conclusion of mens rea. |
ANS: C PTS: 1 DIF: 2 REF: p. 156
OBJ: 7 TOP: necessity
- Compulsion is legal term that is often used in place of:
| a. | Duress |
| b. | Entrapment |
| c. | Necessity |
| d. | Consent |
ANS: A PTS: 1 DIF: 2 REF: p. 155
OBJ: 7 TOP: duress
- Which defense would be most applicable to the situation of a bank employee forced to divert funds into a special account by criminals who are holding her family hostage?
| a. | Duress |
| b. | Entrapment |
| c. | Necessity |
| d. | Consent |
ANS: A PTS: 1 DIF: 2 REF: p. 155
OBJ: 7 TOP: duress
- Which of the following statements regarding the changing role of law in society is false?
| a. | New criminal laws can be created to protect special classes of individuals. |
| b. | Laws can be changed to provide greater clarification. |
| c. | Laws can be changed to respond to emerging technologies. |
| d. | Public outrage over a specific crime cannot result in legal change. |
ANS: D PTS: 1 DIF: 3 REF: p. 155
OBJ: 7 TOP: reforming criminal law
- The main source of procedural law is the:
| a. | Bill of Rights |
| b. | Preamble |
| c. | Confederate Congress |
| d. | Continental Constitution |
ANS: A PTS: 1 DIF: 1 REF: p. 159
OBJ: 8 TOP: constitutional criminal procedure
- Which constitutional amendment outlaws illegal searches and seizures by police?
| a. | First |
| b. | Fourth |
| c. | Fifth |
| d. | Eighth |
ANS: B PTS: 1 DIF: 1 REF: p. 159
OBJ: 9 TOP: constitutional criminal procedure
TRUE/FALSE
- The roots of the criminal codes used in the United States can be traced back to sources thousands of years old.
ANS: T PTS: 1 DIF: 1 REF: p. 139
OBJ: 2 TOP: the historical development of criminal law
- Tort law deals with disputes over property.
ANS: F PTS: 1 DIF: 2 REF: p. 137
OBJ: 1 TOP: criminal law and tort law
- Laws created and retroactively enforced are called ex post facto laws.
ANS: T PTS: 1 DIF: 1 REF: p. 143
OBJ: 3 TOP: constitutional limits
- An immediate relationship must always exist between the act and the actor’s intent for a crime to occur.
ANS: F PTS: 1 DIF: 2 REF: p. 146
OBJ: 4 TOP: legal definition of a crime
- Strict liability crimes are also known as public safety crimes in some jurisdictions.
ANS: T PTS: 1 DIF: 1 REF: p. 148
OBJ: 5 TOP: legal definition of a crime
- Insanity is not an official legal term recognized by the courts.
ANS: F PTS: 1 DIF: 1 REF: p. 151
OBJ: 7 TOP: insanity
- Voluntary intoxication can be used as a successful defense under some circumstances.
ANS: F PTS: 1 DIF: 1 REF: p. 152
OBJ: 7 TOP: intoxication
- Self-defense as a justification requires imminent danger and an inability to escape from the attacker.
ANS: T PTS: 1 DIF: 2 REF: p. 154
OBJ: 7 TOP: justification and excuse
- The concept of due process of law has its roots in both the Fourth and Fifth Amendments.
ANS: F PTS: 1 DIF: 2 REF: p. 159
OBJ: 10 TOP: due process of law
- The nature and definition of due process remains unchanging across historical time periods.
ANS: F PTS: 1 DIF: 2 REF: p. 160
OBJ: 10 TOP: due process of law
COMPLETION
- A form of law originating in England which refers to a body of written legal precedents is known as ____________________.
ANS: common law
PTS: 1 DIF: 1 REF: p. 141 OBJ: 2
TOP: development of common law
- The Latin term ____________________ is the element of a crime that deals with intent of the offender.
ANS: Mens rea
PTS: 1 DIF: 1 REF: p. 147 OBJ: 4
TOP: legal definition of a crime
- Robinson v. California was a landmark case centering on the ____________________ defense.
ANS: intoxication
PTS: 1 DIF: 2 REF: p. 152 OBJ: 7
TOP: criminal defenses
- The M’Naughten Rule established standards for the ____________________ defense, and is used in the majority of the states.
ANS: insanity
PTS: 1 DIF: 2 REF: p. 151 OBJ: 7
TOP: insanity
- A(n) ____________________ is a broad category of criminal defenses claiming that a criminal act occurred but that it was reasonable under the circumstances.
ANS: justification
PTS: 1 DIF: 2 REF: p. 151 OBJ: 7
TOP: criminal defenses
- The defense of ____________________ would be appropriate in a case where a person was rushing to the hospital and broke numerous traffic laws along the way.
ANS: necessity
PTS: 1 DIF: 2 REF: p. 156 OBJ: 7
TOP: justification and excuse
- The ____________________ Amendment was the basis of the Supreme Court’s Miranda decision.
ANS: Fifth
PTS: 1 DIF: 2 REF: p. 159 OBJ: 9
TOP: constitutional criminal procedure
- Issues pertaining to the defendant’s right to a speedy trial are subject to interpretation under the ____________________ Amendment.
ANS: Sixth
PTS: 1 DIF: 1 REF: p. 159 OBJ: 9
TOP: constitutional criminal procedure
- The ____________________ Amendment has been used in the past to argue that the death penalty is cruel and unusual punishment.
ANS: Eighth
PTS: 1 DIF: 1 REF: p. 159 OBJ: 9
TOP: constitutional criminal procedure
- The ____________________ Amendment outlaws excessive bail.
ANS: Eighth
PTS: 1 DIF: 1 REF: p. 159 OBJ: 9
TOP: constitutional criminal procedure
ESSAY
- Differentiate between substantive criminal law and procedural law.
ANS:
Answer not provided.
PTS: 1 DIF: 1 REF: p. 136-138 OBJ: 1
TOP: history of criminal law
- Compare and contrast criminal law and civil law.
ANS:
Answer not provided.
PTS: 1 DIF: 1 REF: p. 136-140 OBJ: 2
TOP: history of criminal law
- Discuss the historical development of criminal law.
ANS:
Answer not provided.
PTS: 1 DIF: 2 REF: p. 139-141 OBJ: 2
TOP: history of criminal law
- Delineate the legal elements required to constitute a crime. Describe and give an example of each of the classifications of crime.
ANS:
Answer not provided.
PTS: 1 DIF: 2 REF: p. 143-144 OBJ: 6
TOP: crimes and classifications
- Give five legal excuses and justifications, providing an example of each.
ANS:
Answer not provided.
PTS: 1 DIF: 2 REF: p. 153-156 OBJ: 7
TOP: criminal defenses
- Describe three tests of the insanity defense and how each is applied.
ANS:
Answer not provided.
PTS: 1 DIF: 1 REF: p. 151-152 OBJ: 7
TOP: insanity
- Use examples to describe the ways in which substantive criminal law has changed over time in the U.S.
ANS:
Answer not provided.
PTS: 1 DIF: 2 REF: p. 156-158 OBJ: 2
TOP: reforming criminal law
- Explain the relevance of the Miranda v. Arizona case as it applies to the Bill of Rights.
ANS:
Answer not provided.
PTS: 1 DIF: 3 REF: p. 158-159 OBJ: 8
TOP: constitutional criminal procedure
- Explain the factors that shape judicial interpretations regarding due process issues.
ANS:
Answer not provided.
PTS: 1 DIF: 3 REF: p. 160-162 OBJ: 10
TOP: constitutional criminal procedure
- List the procedural due process rights that are guaranteed to an individual. Describe the importance of procedural due process.
ANS:
Answer not provided.
PTS: 1 DIF: 2 REF: p. 160-162 OBJ: 10
TOP: constitutional criminal procedure
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