Criminal Courts multiple choice assignment, due sat, May 25.

Assignment 2B

Use the answer sheet to respond to the following questions. When completed, post your answer

sheet as an attachment through the Assignments section. There is one correct answer per

question, and each answer is worth two points.

Chapter 1

1. Stare decisis

a. ensures consistency of judicial decisions for similar cases.

b. allows judges no discretion in judicial rulings.

c. demonstrates that laws are rigid and cannot be applied differently for individual cases.

d. All of the above.

e. None of the above.

2. Laws

a. are enacted by public officials.

b. can be used to punish someone for an act committed before the law was enacted.

c. can violate Constitutional principles if – and only if – they protect society from serious crimes,

such as terrorism, murder, rape, and kidnapping.

d. All of the above.

e. None of the above.

3. Which of the following is not a model of the criminal justice system proposed by Herbert

Packer?

a. Crime Control Model

b. Equal Justice Model

c. Due Process Model

d. All of the above are models proposed by Herbert Packer.

e. None of the above are models proposed by Herbert Packer.

4. The American legal system

a. can be changed only through judicial actions.

b. is in a constant state of change.

c. has remained relatively unchanged since the days of common law.

d. All of the above.

e. None of the above.

5. Which of the following statements regarding America's court system is not true?

a. In practice, the courts devote as much time to a case as necessary to fully explore the legal

issues involved.

b. The law can serve as a catalyst for social change.

c. How the law is enforced may depend on the characteristics of those who enforce it or those

against whom it is enforced.

d. All of the above are true.

e. None of the above are true.

6. The court system

a. enacts laws.

b. enforces laws.

c. applies laws.

d. All of the above.

e. None of the above.

7. The Crime Control Model

a. requires individuals to sacrifice some of their rights to control crime.

b. opposes the use of plea bargains as they are viewed as being lenient on criminals.

c. favors treatment of offenders as a way to reduce future criminal acts.

d. All of the above.

e. None of the above.

8. Common law is

a. the result of legislative action.

b. used to describe any law commonly used by most states.

c. an English tradition that plays no role in the American justice system.

d. All of the above.

e. None of the above.

9. Which of the following is true?

a. Citizens can be tried for an act - even if there was no forewarning that the act will be

considered illegal - if the action is so harmful that a reasonable person would have considered the

act unlawful.

b. Fair notice can be achieved through codification of a law or a state’s supreme court ruling.

c. Laws written in even vague terms provide sufficient fair notice.

d. All of the above are true.

e. None of the above are true.

10. Ex post facto laws

a. are prohibited by the U.S. Constitution.

b. allow courts to retroactively prosecute serious offenders.

c. apply to the enactment of new laws but have no bearing on modification of existing laws.

d. All of the above.

e. None of the above.

11. The Due Process Model

a. places a heavy emphasis on individual rights.

b. places a great amount of trust in law enforcement officials and prosecutors.

c. generally believes defendants would not have been arrested if they were not guilty.

d. All of the above.

e. None of the above.

12. The prosecution seeks to use a key piece of evidence that clearly proves the defendant's guilt,

but the judge determined that police did not follow proper procedures when seizing the evidence

and violated the constitutional rights of the defendant. Under which of Packer's models is the

judge more likely to allow the evidence to be used?

a. Due Process Model.

b. Crime Control Model.

c. The evidence is equally likely to be allowed under both models.

d. The evidence is equally likely to be prohibited under both models.

13. Courts depend on criminal laws to define

a. prohibited acts that form the basis of court involvement.

b. penalties for criminal acts that may be imposed by judges.

c. the process for conducting trials.

d. All of the above.

e. None of the above.

14. Herbert Packer's models of the criminal justice system

a. are designed to be rigid models or categories for classification of the criminal justice system.

b. represent the moderate values in which the criminal justice system and its workers operate.

c. are based on the belief that the effects of criminal law on the courts are mediated somewhat by

whether emphasis is placed on defendants' rights or the desire to curb crime.

d. All of the above.

e. None of the above.

15. Which of the following is not true regarding the creation of laws?

a. Laws that represent a vocal minority may be passed, even if the majority of the population

does not support the law.

b. Advances in technology create the need for new laws as existing laws may not adequately

protect the public from harm.

c. The process of lawmaking in the United States is purely democratic.

d. All of the above are true.

e. None of the above are true.

Chapter 2

16. Which of the following statement about the insanity defense is true?

a. It is attempted in approximately 5% of all felony cases.

b. Those found to be insane must be found not guilty and released.

c. Insanity is a legal concept, not a psychological/medical one.

d. Insanity is a psychological/medical determination made by psychologists, not courts.

e. None of the above.

17. Violation of which of the following types of laws can result in a fine or other form of

monetary compensation/punishment?

a. Criminal law

b. Civil law

c. Administrative law.

d. All of the above.

e. None of the above.

18. According to the text, approximately what percentage of all crimes are reported to

authorities?

a. 25%

b. 35%

c. 50%

d. 65%

e. None of the above.

19. Administrative law

a. is established by regulatory agencies.

b. must be approved by the legislative branch.

c. can be enforced only if someone is harmed.

d. All of the above.

e. None of the above.

20. A crime

a. subjects the doer to legal punishment.

b. requires the commission of an act forbidden by law.

c. is a legal wrong defined under tort law.

d. All of the above.

e. None of the above.

21. To be a crime, an act requires

a. only actus reus.

b. only mens rea.

c. either actus reus or mens rea, but not both.

d. both actus reus and mens rea (with rare exceptions).

e. None of the above.

22. In cases involving strict liability laws,

a. the court must prove that the defendant intentionally committed a crime.

b. the court must prove mens rea, a key element of all crimes.

c. the defendant is held liable for the actions of others.

d. the defendant can be found guilty even if he/she did not intentionally violate the law.

e. None of the above.

23. What is the primary involvement of courts in the actions of the police?

a. The courts must review and approve all police operational policies.

b. The courts determine the amount of funding provided to the police.

c. The courts must approve police hiring and promotions.

d. The courts regulate police, primary through exclusion of evidence and charges.

e. None of the above.

24. According to the text, victims may be reluctant to report crimes because

a. they believe the crime is not worth reporting.

b. they are embarrassed.

c. they do not know a crime has occurred.

d. All of the above.

e. None of the above.

25. Mens rea is not required if

a. the offender acted in a careless and reckless manner.

b. the offender was observed committing the crime by a police officer.

c. the offender committed a minor misdemeanor crime.

d. All of the above.

e. None of the above.

26. As the designated driver, Susan ordered only soda while at the bar. At some point during the

evening, Susan realized that someone had been mixing alcohol into her soft drinks. She became

very upset, gathered her friends, and left the bar to drive everyone home. Along the way, Susan

ran a red light and struck a pedestrian crossing in a marked crosswalk. Although the pedestrian

was not seriously injured, Susan was charged with DUI after police tests indicated she was

intoxicated. Which of the following arguments could reasonably be made?

a. She is not guilty due to involuntary intoxication.

b. She is not guilty due to mistake of fact.

c. She is not guilty due to negligence.

d. She is guilty due to foreseeability.

e. None of the above.

27. While walking through the park, Winston heard a female scream for help. He ran to her

location and saw a man standing over the woman with a knife in his hand, threatening to kill her

if she does not stop screaming. Winston, who has a handgun permit, shoots and kills the man.

a. Winston is justified due to self-defense.

b. Winston is justified due to vicarious liability.

c. Winston is justified due to prevention of a violent felony.

d. Winston is not justified because he had a duty to retreat.

e. None of the above.

28. As Anthony was entering the concert hall, a stranger offered to buy his ticket for three times

the face value. Despite the signs posted around the arena warning that scalping was illegal,

Anthony agreed because he needed the money for pay for college. As soon as the transaction was

complete, Anthony was arrested for scalping by an undercover police officer standing nearby,

who happened to overhear the conversation. Which of the following arguments could Anthony

reasonably make?

a. He is not guilty due to the defense of entrapment.

b. He is not guilty due to the defense of financial hardship.

c. He is not guilty due to the defense of duress.

d. He is not guilty due to lack of mens rea.

e. None of the above.

29. Dillon was hired to perform yard work for Harry, but, when he arrived to work, Harry said he

changed his mind and no longer wanted Dillon to do the work. Dillon became upset and punched

Harry in the mouth, requiring Harry to get four stitches at the hospital.

a. Harry can pursue criminal charges against Dillon.

b. Harry can seek compensation through civil court.

c. Harry can pursue either criminal or civil charges, but not both.

d. Harry can pursue both criminal and civil charges.

e. None of the above.

30. A masked man entered a convenience store, pointed a gun at the clerk, and said, "This is a

hold-up. Give me all the money or I'll shoot you." The clerk grabs his chest, falls to his knees,

and dies of a heart attack. Can the gunman be criminally culpable for the death?

a. No, his only intent was robbery - not murder.

b. No, he could not reasonably foresee that the clerk would have a heart attack.

c. Yes, his intent to commit robbery substitutes for his intent to commit murder.

d. Yes, he was negligent because he did not know CPR.

e. None of the above.

Chapter 3

31. In the American legal system, treating everyone equally

a. means all individuals are treated identically.

b. leads courts to recognize relevant differences between people.

c. eliminates the use of discretion by police, prosecutors, and judges.

d. All of the above.

e. None of the above.

32. Paul, who has been unemployed for three months, is arrested for stealing food from the

grocery store. At trial, he is found not guilty, even though the evidence clearly demonstrates he

violated the law. The verdict best illustrates which of the following concepts?

a. Classicalist

b. Law on the books

c. Law in action

d. Case of first impression

e. None of the above

33. Due process

a. includes the right to be represented by an attorney.

b. requires the state to prove guilt beyond a shadow of a doubt.

c. requires that a defense be put forth in criminal cases.

d. All of the above.

e. None of the above.

34. The adversarial system of justice

a. involves cooperation between the prosecution and the defense.

b. requires defendants to prove their innocence.

c. makes no assumption about the guilt or innocence of the defendant.

d. All of the above.

e. none of the above.

35. During arraignment, the judge asks Dustin how he pleads to the charges against him. Staring

straight ahead, Dustin stands in silence and refuses to answer - or even acknowledge - the judge.

The judge

a. considers this a guilty plea because an innocent person would plead not guilty.

b. considers this a not guilty plea because Dustin is not required to enter a plea.

c. considers this nolo contendre plea because Dustin does not contest the charge.

d. can charge Dustin with contempt of court for not answering his question.

e. None of the above.

36. Miranda rights

a. are required prior to any questioning by police.

b. are required to any police questioning, with the only exception being for issues of public

safety.

c. are not required for questioning during traffic stops.

d. are not required except when questioning felony suspects.

e. None of the above.

37. Which of the following is not a stated purpose of judicial decisions?

a. To apply the law equally

b. To settle disputes among parties

c. To serve as a precedent for future cases

d. All of the above.

e. None of the above.

38. The ______ Amendment was intended to prevent the government from intimidating citizens

who might oppose government policies.

a. Fourth

b. Fifth

c. Sixth

d. All of the above.

e. None of the above.

39. Enacted in 1868, the Fourteenth Amendment

a. extended due process protections to include state actions.

b. prohibited the federal government from seizing property without due process.

c. replaced the Fifth Amendment, which was deemed outdated.

d. All of the above.

e. none of the above.

40. The Fifth Amendment

a. provides a universally agreed-upon formal definition of due process.

b. protects individuals from actions of the federal government but not state governments.

c. contains identical due process clause language as the Fourteenth Amendment.

d. All of the above.

e. None of the above.

41. Which case gives defendants the right to be represented by an attorney?

a. Miranda v. Arizona

b. Gideon v. Wainwright

c. Escodebo v. Illinois

d. All of the above.

e. None of the above.

42. During the preliminary hearing,

a. the police must demonstrate reasonable cause for the arrest.

b. the prosecutor must show sufficient evidence for trial.

c. the defendant enters a plea to the charges.

d. the judge determines if defendant is guilty or not guilty.

e. None of the above.

43. The concept of due process

a. emphasizes the idea that individuals are accountable to the government.

b. discourages public scrutiny of the legal process.

c. embodies the idea of fairness, which helps promote perceived legitimacy of the law and courts.

d. All of the above.

e. None of the above.

44. According to the text,

a. Miranda rights are required prior to any police questioning.

b. the right to be represented by an attorney exists only after arrest.

c. defendants can represent themselves at trial, unless the sentence involves the possibility of

incarceration.

d. All of the above.

e. None of the above.

45. The Civil Asset Forfeiture Reform Act of 2000

a. requires the government to provide probable cause to show the property was used to facilitate

illegal drug activity or represents the proceeds of such activity.

b. places the burden of proving the link between criminal activity and the seized property on the

government rather than the property owner.

c. allows individual victims to seize the property of those who caused harm to them.

d. All of the above.

e. None of the above.

46. Mapp v. Ohio, a landmark case,

a. established the Exclusionary Rule for use in federal cases.

b. extended police authority to conduct lawful searches without warrants.

c. made Fourth Amendment protections applicable to state actions.

d. All of the above.

e. None of the above.

47. Which of the following are not provided due process in regards to the loss of liberty?

a. a defendant facing incarceration.

b. an inmate being placed in solitary confinement.

c. a high school student facing suspension from school.

d. All of the above must be provided due process.

e. None of the above must be provided due process.

48. Based on multiple Supreme Court decisions,

a. the right to legal representation applies only to federal trials.

b. only individuals subject to life imprisonment or death are entitled to legal representation.

c. individuals charged with felonies are entitled to legal representation, but this right is not

extended to those charged with misdemeanors.

d. all individuals facing incarceration, whether for a felony or misdemeanor, are entitled to legal

representation.

e. None of the above.

49. The Exclusionary Rule

a. prohibits the use of evidence seized without a warrant.

b. requires the court to dismiss cases in which evidence was seized illegally.

c. is designed to prevent unethical police conduct.

d. All of the above.

e. None of the above.

50. Police serve a search warrant at 108 Deal Lane, seize a large amount of illegal drugs, and

arrest the occupants. At trial, the defense attorney argues that the search, seizure, and arrests

were unlawful as the warrant authorized a search of 109 Deal Lane, the house across from the

defendants. Arresting officers testify that 108 Deal Lane was the home they were investigating

and that they did not notice the warrant listed the incorrect address. Which of the following is

most likely to be true?

a. The search, seizure, and arrests are unlawful as the warrant did not authorize police to search

the home in which the contraband was found (108 Deal Lane).

b. Evidence found at the home of 108 Deal Lane can be used at trial through the Good Faith

Exception.

c. Though obtained illegally, the evidence from 108 Deal Lane can be used at trial because it

proves the defendants were engaged in unlawful behavior.

d. Evidence found at the home of 108 Deal Lane cannot be used at trial because the Exclusionary

Rule aims to deter police misconduct, whether intentional or non-intentional.

e. None of the above.

Chapter 4

51. Which of the following is true of federal courts?

a. To ensure consistency, rulings from one judicial circuit apply to all federal courts.

b. The Supreme Court cannot enforce its own decisions.

c. All federal judges are appointed for life.

d. All of the above.

e. None of the above.

52. Native American courts, existent before the colonization of America,

a. had a significant influence of early American courts.

b. were based on the concept of reparations.

c. were adversarial in nature.

d. were inquisitorial in nature.

e. None of the above.

53. If a case is reversed and remanded,

a. the appellate court has determined the original decision of the trial court is correct.

b. the case is sent back to trial court with instructions from the appeals court.

c. the jury from the original trial must be reconvened to rehear the case.

d. All of the above.

e. None of the above.

54. Signed in 1215, the Magna Charta

a. gave unprecedented power to the king.

b. allowed the king to seize property and land at will.

c. provided due process rights.

d. All of the above.

e. None of the above.

55. Our current jury system has its roots in the early practice of

a. trial by battle

b. trial by compurgation

c. trial by ordeal

d. trial by public opinion

e. None of the above

56. Appellate courts

a. conduct their own trials of cases under appeal.

b. conduct hearings in which witnesses and evidence are presented.

c. base their decisions on appeals presented by both sides of the case.

d. All of the above are true.

e. None of the above are true.

57. A jury of matrons

a. was the only jury in which women could not serve.

b. determined whether female defendants were pregnant.

c. was bound by oath to base its decisions only on facts and evidence presented at trial.

d. All of the above are true.

e. None of the above are true.

58. State courts

a. have the same structure in all fifty states.

b. have original jurisdiction over all cases originating within the state, even those involving

federal matters (though these cases are often referred to federal courts by the states).

c. handle approximately 96% of all felony convictions throughout the country.

d. All of the above.

e. None of the above.

59. Which of the following is not true of early colonial courts in America?

a. Laws enforced by the courts were not always known to the public.

b. Some colonists accused of crimes were returned to England for trial.

c. There was clear separation of church and state in regards to judicial matters.

d. All of the above are true.

e. None of the above are true.

60. Federal trial courts have jurisdiction over each of the following except

a. laws involving navigable waterways.

b. felonies committed on Native American reservations.

c. civil cases between residents of the same state, if the amount exceeds $100,000.

d. All of the above.

e. None of the above.

61. The U.S. Supreme Court

a. can rule state laws unconstitutional.

b. has only appellate jurisdiction.

c. hears approximately 500 cases per year.

d. All of the above.

e. None of the above.

62. According to the text, jurors in the 11th century

a. could not serve if they knew either party involved in the case.

b. based their verdict on personal knowledge rather than evidence presented at trial.

c. were highly regarded as fair and impartial bodies, protecting citizens from the power of the

government.

d. All of the above.

e. None of the above.

The following questions are optional. You will not be penalized if you choose to not answer

these. These questions serve as extra credit, but your grade cannot exceed 125 points.

63. Trials are held, evidence and witnesses are presented, and determinations of guilt and

sentences are made in ___________.

a. courts of original jurisdiction

b. appellate courts

c. courts of all matters

d. All of the above.

e. None of the above.

64. Courts of limited jurisdiction

a. hear misdemeanor cases.

b. hear felony cases.

c. are usually courts of record, meaning official transcripts of proceedings are kept.

d. All of the above.

e. None of the above.

65. Trial by fire, trial by hot water, and trial by cold water are all examples of

a. trial by compurgation.

b. trial by endurance.

c. trial by divine intervention.

d. trial by ordeal.

e. None of the above.