Criminal Law. Testable Questions and answers. Graded A+

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"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. R... hodes 1996 b. Chaney v. State (1970) c. Keeler v. Superior Court (1970) d. U.S. v. Hudson and Goodwin (1812) - ✔✔b. Chaney v. State (1970) 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. - ✔✔a. torts. Who has the burden of proof regarding criminal conduct? a. the judge b. the jury c. the defense d. the prosecution - ✔✔d. the prosecution Of the following, which defendant may be required to be in court for a trial? a. misdemeanor b. gross misdemeanor c. violation d. felony - ✔✔d. felonyAn 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. - ✔✔d. felony. What thought process says that human beings seek pleasure and avoid pain? a. rationalism. b. hedonism. c. minimalization. d. rationalization. - ✔✔b. hedonism. 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 - ✔✔b. they tell us what we can't do 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. - ✔✔a. the general part. 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. - ✔✔b. beyond a reasonable doubt. 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. - ✔✔d. The penalty inflicts enough pain so the offender experiences the full extent of society's disapproval. 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 - ✔✔a. retribution 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. - ✔✔c. retribution. The police decision to investigate or not is an example of what kind of decision making? a. indiscriminate b. discretionary c. political d. appropriate - ✔✔b. discretionaryWho 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 - ✔✔c. Jeremy Bentham 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. - ✔✔c. forces beyond offenders' control cause them to commit crimes and experts 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. - ✔✔a. retribution and incapacitation. According to the text, which of the following is not a property crime? a. Fraud b. Arson c. Burglary d. Vagrancy - ✔✔d. Vagrancy Criminal law is only one kind ofa. social norm. b. social control. c. social event. d. informal control. - ✔✔b. social control. 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 - ✔✔a. general part of criminal law 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 - ✔✔d. special part of criminal law Where is most criminal law found? a. state criminal codes b. federal criminal codes c. city criminal codes d. county criminal codes - ✔✔a. state criminal codes 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 - ✔✔d. beyond a reasonable doubtWhen 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. - ✔✔a. discretionary decision making. 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. - ✔✔b. indeterminate sentencing laws. 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. - ✔✔d. such statements can be therapeutic to the victim. Mala prohibita crimes include all of the following except a. parking tickets. b. drinking in public. c. rape. d. loitering. - ✔✔c. rape. 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. - ✔✔d. They both tell us what we can and can't do. 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 - ✔✔c. a felony is never punished by imprisonment 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. - ✔✔d. are a rapidly growing source of law. 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 - ✔✔c. complicity and attempt crimes 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. - ✔✔b. is appealing to overturn an unfavorable decision.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. - ✔✔b. holding. 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. - ✔✔a. upheld. 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. - ✔✔c. reversed and remanded the trial court decision. 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. - ✔✔b. page where the opinion begins in a volume. 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. - ✔✔b. crimes against public. Crimes against public order and morals include all of the following crimes except: a. stealing. b. illegal immigration. c. gang crimes. d. prostitution. - ✔✔a. stealing. What was the original source of law? a. legislatures. b. administrative agencies. c. courthouses. d. common law. - ✔✔d. common law. 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. - ✔✔a. community customs and traditions. 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. - ✔✔b. set the offense in stone.Who did legal reformers believe should make laws? a. judges. b. presidents. c. legislatures. d. sheriffs. - ✔✔c. legislatures. 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. - ✔✔a. clarification and simplification. 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. - ✔✔a. state codes. 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. - ✔✔a. constitutional limits. Of the following groups, what one is imprisoned at the highest rate? a. black men. b. Hispanic men. c. white men.d. asian men. - ✔✔a. black men. 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. - ✔✔a. retribution. The authors of the U.S. Constitution were suspicious of a. the rights of individuals. b. the rights of large groups of voters. c. the power of influential leaders. d. power in the hands of government officials. - ✔✔d. power in the hands of government officials. 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 upward departure standard d. the downward departure standard - ✔✔b. the abuse-of-discretion standard According to what principle must there be a specific law defining a crime and setting out the punishment before a person can be punished for that crime? a. the principle of legality b. the principle of comity c. the principle of proportionality d. the principle of reciprocity - ✔✔a. the principle of legality [Show More]

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