A fundamental requirement of criminal law is that the conduct involved:
be unjustifiable and inexcusable, inflicting or threatening harms to an individual or the public interest
Noncriminal wrongs for which the injured party can sue and recover damages are known as:
According to Andrew von Hirsch and Andrew Ashworth, punishment has two indispensable elements:
condemnation and hard treatment
In most states today, the most serious grade of crime in common law is some type of:
An offense which is punishable by one year or more in a state prison is called a:
Crimes that involve inherently evil conduct are classified as malum:
An act that can be categorized as a mala prohibitum crime is
leaving the scene of an accident
The general part of criminal law consists of:
principles that apply to more than on crime
To obtain a conviction, the prosecution must prove every element of the offense:
beyond a shadow of a doubt
To qualify as criminal punishment, penalties must meet all of the following criteria:
inflict pain or unpleasant consequences, as perscribed in the law that defines the crime, and administered intentionally by the state
Which of the following theories or justifications for punishment is retrospective (looks back at the crime)?
The theory of punishment that includes the idea that it is right to hare criminals and they deserve to be punished proportionate to the harm they've done is the theory of:
Retributions assume that:
people are culpable for their crimes because they freely chose to commit them.
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 was first formulated by:
The assumption underlying rehabilitation theory is that:
forces beyond offenders' control cause them to commit crimes and experts using the correct therapy can reform criminals.
Since the mid-1980's, the two rationales have dominated penal policy are:
retribution and incapacitation
The rule of law is:
controls the power of government and has an ancient history
Legislative retroactive lawmaking:
is banned by the principle of legality
Judicial retroactive lawmaking:
is supported by some legal experts if it is applied only in special circumstances and only to mala in se offenses
Ambiguity in criminal statutes:
occurs because words are not perfect and legislators can't possibly anticipate every situation that needs to be addressed in a statute
When judges apply a criminal statute to a defendant, they are required to stay within the meaning of the statute and resolve all of the statute's ambiguities in favor of the defendant. This principle is referred to as:
the rule of lenity
Stare decisis essentially means that cases should be decided on the basis of:
When judges adhere to precedent and follow the principle of stare decisis, they promote:
fairness, stability, and predictability in the law
The origin of America's criminal law can be traced back to Britain's:
Even in states that have codified their criminal codes, the common law is important today because:
it is used by judges to help them interpret current criminal statutes
Criminal law reformers called for the abolition of common law crimes because
they contended that law created by judges was not only disorderly and incomplete, it was antidemocratic
It has been said that they closest thing to a common denominator in U.S. criminal law, drafted by the American Law Institute, is the:
Model Penal Code
When municipal ordinance duplicates or overlaps a state criminal code provision, the state provision preempts the local ordinance:
if the state criminal code makes it clear that it is intended to preempts the local ordinance
are violations of federal and state agency rules
In our federal system
both the states (including cities and counties) and the federal government can create crimes.
The appellant is the party who:
is appealing to overturn an unfavorable decision
The legal rule that the court utilizes or announces to decide the case is called the:
If an appellate court affirms the decision of the court immediately below; this means that the lower court's decision is:
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 appeal court has:
reversed the trial court's decision and remanded the case to the trial court
In the citation 105 S.Ct. 1973, the number 1973 represents the:
page number where the opinion begins in a volume
The author of the U.S. Constitution were suspicious of:
power in the hands of government officials
In a(n) ____ democracy, the majority cannot punish behavior protected by the Constitution.
The principle of ____ requires that there be a specific law defining the crime and setting out the punishment before a person can be punished for that crime.
A law criminalizing activity that took place before the law was enacted is called a(n):
ex post facto law
The ___ doctrine is concerned with giving individuals fair notice of what is criminal and preventing arbitrary or discriminatory enforcement.
The void-for-vagueness doctrine is one of the protections provided by requirement of:
The ___ Amendment requires that states provide equal protection of the law.
The void-for-vagueness doctrine prohibits statutes that are capable of ___ enforcement (enforcement without reason or standards).
The Equal Protection clause is found in the ___ Amendment.
Equal protection does not require that:
everyone, or even all criminals, be treated exactly alike
Under equal protection, most government classifications (excluding those involving fundamental rights, race, ethnicity, religion, or gender) are subject to:
the rational basis test
Under equal protection, gender classifications are subject to ___ scrutiny
The First Amendment
limits both state and federal governments
The Supreme Court has rules that free speech is a fundamental right and enjoys a preferred status. This means:
the government has to provide more than a rational basis for restricting speech and other forms of expression.
Offensive, sexually explicit material that is not protected by the First Amendment is called:
Which of the following is not protected by the First Amendment?
The Supreme Court rules in Barnes v. Glen Theatre, inc., et al. (1991), that a state law banning totally nude dancing in public:
is unconstitutional because it furthers a substantial government interest in order and morality
The void-for-overbreadth doctrine invalidates laws that have an unacceptable ___ effect of protected expression
Which of the following is protected by the First Amendment?
flag burning in political protest
According to Griswold v Connecticut (1965), the constitutional right to privacy:
is created by emanation or penumbras from six specific amendments
In Stanley v Georgia (1969), the Supreme Court struck down a statute which made it a crime for an adult to possess ___ in their own home.
In Lawrence v TexasI (2003), the Supreme Court overruled its 1986 decision in
Bowers v Hardwick
In Lawrence v Texas (2003), the Supreme Court found the source of the right to privacy in the ___ clause
The Eighth Amendment prohibits punishments that are
The ban on cruel and unusual punishment is found in the ___ Amendment
The Supreme Court ruled that death by electrocution did not violate the cruel and unusual punishment clause in:
In re Kemmler (1980)
The idea that the punishment must fist the crime is the Eighth Amendment principle of:
In Robinson v California (1962), the Supreme Court held that the Eighth Amendment banned the criminilization of:
being addicted to narcotics
In Coker v Georgia (1977), the Supreme Court banned use of the death penalty for the offense of:
rape of an adult female
The state of Louisiana has made which crime a capital offense that can lead to the death penalty
rape of a child
In which case did the Supreme Court rule that is violates the Constitution to execute a mentally retarded criminal defendant?
Atkins v Virginia (2002)
In Trop v Dulles (1958), the Supreme Court adopted which of the following tests to decide whether a sentence runs afoul of the Eighth Amendment's ban on cruel and unusual punishment?
evolving standards of decency
In Roper v Simmons (2005), the Supreme Court held that the Eighth Amendment forbids the execution of:
Offenders under the age of 18 when they committed their crimes
The Supreme Court has ruled that the Eighth Amendment's proportionality requirement does not apply to:
According to the Supreme Court in its decision in Ewing v California (2003), California's three-strikes law:
does not violate the Eighth Amendment and is constitutional
The Model Penal Code breaks down criminal liability into three components
conduct, without justification, and without excuse
The majority of minor crimes against public order and morals do not include
Crimes that require a criminal act be triggered by a criminal intent are known as:
Crimes that, by definition, include the requirement that the defendant caused harm are known as:
Which of the following is a crime of causing criminal harm
The requirement that a person's thoughts have to turn into deeds in order for a crime to have been committed is called:
The criminal law punishes only people who can be blamed. Only people who are responsible for their acts can be blamed. People are only responsible for:
In the English case King v Cogdon (1951), Mrs. Cogdon was acquited of murder because:
her acts were done while asleep and thus were not voluntary
Failing to report something to authorities when reporting is required by law is:
can be a criminal ommision
Which of the following cannot be the source of duty to act creating criminal liability for an omission?
The "Good Samaritan" doctrine imposes a legal duty on:
individuals to render or summon aid for imperiled strangers
The "Good Samaritan" doctrine:
is the law in a few states
Under the American bystander rule, the people who witnessed the murder of Kitty Genovese but failed to call the police to intervene were
not criminally libable because they had no legal duty
In a murder committed with a firearm, the harm or result is:
the death of the victim
If the mens rea did not lead to or cause the act, the element of ___ is not present.
We only punish voluntary acts because punishment is deserved only if there is:
blameworthiness and responsibility
The defendant know he was subject to unexpected epileptic seizures. He decided to drive his car downtown. He had an unexpected seizure, lost control of the vehicle, and killed a pedestrian on the sidewalk. The defendant is guilty of a crime because:
he deliberately took the risk by driving his car knowing he could have a seizure whiel engaged in a potentially dangerous activity
In Robinson v California (1962), the Supreme Court held that Robinson's conviction must be:
reversed because a person cannot be punished for a status or condition
The existence of a legal duty is called a(n) ___ element of a crime
Only ____ failures to perform legal duties are punishable as criminal omissions.
The criminal law refers to failure to act as:
A legal fiction turns ___ into an act, although it is really a passive state.
Legal duties can arise from:
moral obligations that are generally recognized
If I have physical control of an item, according to the law:
I actually possess it
A fellow classmate drops his stash of illegal drugs into your backpack when your head is turned. You are not aware of her actions. Your are considered to be:
in mere possession of the drugs
Most states require that possession be ____ before it can be criminalized
The concurrence element of crime means that the mens rea must:
trigger the act
There can be no valid crime if there is no ___ element
To warrant criminal liability, the defendant's ____ must have been voluntary.
An omission to act can be a crime only if there is a ___ to act.
Which of the following cannot be a criminal act
The rule that criminal intent must lead to an act or deed before a person can be punished is called the doctrine of
Which of the following is a voluntary act?
In the plurality option in Powell v Texas (1967), the conviction for public drunkenness was:
affirmed because Powell was not punished for being an alcoholic bu for the act of being drunk in a public place
The only basic requirement of criminal liability that is required by the constitution is the ___ element.
Which of the following is not a type of culpability in the Model Penal Code
The mental element of a crime is called the:
In the absence of a confession, intent must generally be proven by ___ evidence.
General intent is the intent to:
do a criminal act
Legal or proximate cause issues involve the:
justice of making the defendant responsible for this harm
A mens rea requirement that applies to any element other than the actus reus is called ____ intent
The objectively reasonable person test is used in the definition of:
A crime whose victim is selected because of the defendant's hostility toward the victim's ethnic group, religious group, or race is called a(n) ___ crime
The strongest argument against strict liability crimes is that:
they result in the punishment of people who are not blameworthy
Experts agree that ____ is highly complex; it's difficult to discover and prove in court
A defendant is criminally responsible for the result if the defendant's conduct was the:
cause in fact and the proximate cause
A _____ is the only direct evidence of a defendant's mens rea
In the Model Penal Code, the most blameworthy state of mind is:
If it is not the defendant's conscious objective to cause the harm, but he is aware that the harm will occur, the defendant is said to have the Model Penal Code mens rea termed:
Conscious risk creation is called:
Awareness (scienter) is the mental aspect of conduct. It means a person:
knew what he or she was doing when they did it
if a defendant does not behave like an objectively reasonable person would under the same circumstances, the defendant it:
Which of the following forms of intent is both objective and subjective?
Factual cause is also termed ___ cause
An event that occurs after the defendant's act and before the harm and has a causal connection to the harm is called a(n) ___ act or cause
A hate crime is a crime in which the mens rea is:
Even accidental harm can be a ___ crime
Being aware of a serious risk but going ahead and taking it anyway is the form of intent called:
The Model Penal Code form of intent closest to the concept of intentionality is:
When you are mistaken about the facts, you:
believe one thing when the facts are really another
According to the Model Penal Code, ____ is a defense whenever the mistake prevents the formation of a culpable state of mind
mistake of fact
The principle of legality rejects the argument that:
mistake of law is a defense to a crime
A defendant argues that he misinterpreted a criminal statute, and therefore, he is not criminally liable for his conduct. Which of the following is true?
His mistake of law defense fails because such a mistake cannot negate the mental element of the crime
The relationship between a defendant's mental attitude and motive:
is not simple
What type of crime requires the least culpability
strict liability crimes
The definition of treason requires that traitors provide aid and comfort to enemies
for the purpose of overthrowing the government
Recklessness is awareness of:
substantial and unjustifiable risks
The test for negligence is:
objective; the actor should have known they were creating a risk of harm
The penalty for strict liability crimes generally is:
mild, often with fines and no jail or prison time
The criminal law is the only form of social control in our society and the only way to hold a person responsible for deviating from social norms
Crimes and torts are essentially the same, but with different names
Crimes that involve inherently evil conduct are termed malum prohibitum.
The elements of the crime of embezzlement would be found in the general part of the criminal law
Every criminal law must both define the crime and prescribe the punishment
Determinists reject the free-will assumption that underlies retribution
Classical deterrence theory states that rational human beings won't commit crimes if the punishment is not severe.
The principle of utility permits only the amount of pain(punishment) necessary in order to prevent crime
Rehabilitation theory borrows from the "legal model" of criminal law.
The principle of legality is also known as the rule of law
The ban on retroactive lawmaking means that a person cannot be convicted or punished for a crime if no law defined the crime and prescribed the punishment before the person acted
The rule of lenity is also called "strict construction of criminal statutes"
Stare decisis is no longer an important principle in American jurisprudence.
As of 2006, the U.S. Supreme Court has never overruled its own decisions
Our criminal law is based on the criminal code of England
Most states have abolished common law crimes
The American Law Institute's Model Penal Code has been very influential in shaping modern criminal law in America.
Most criminal law is found in the federal penal code
The majority opinion in a case lays out the law of the case
Case citations are summaries of a court's majority opinion
In our constitutional democracy, the Constitution limits the power of the majority
Ex post facto laws are forbidden by the constitution
The void-for-vagueness doctrine requires that laws be perfectly clear and unambiguous
Racial classifications by the government are subjected to the rational basis test under the Equal Protection Clause
The First Amendment protects only written or spoken words
Fighting words are not protected by the First Amendment
Laws that are overly broad in their reach might have a chilling effect on the exercise of freedom of expression
The right to privacy is specifically mentioned by name in the U.S. Constitution
The Supreme Court has rules that the right to privacy does not protect a person's right to posses pornography in their homes
Bowers v Hardwick overruled Lawrence v Texas
In Lawrence v Texas (2003), the Supreme Court did not follow the doctrine of stare decisis
The Eighth Amendment requires that punishments be proportional to the crime
The death penalty is always a violation of the Eighth Amendment
The principle of proportionality can be traced back to the Magna Charta in 1215
In Coker v Georgia (1977), the Supreme Court allowed the death sentence for the crime of rape of an adult.
The Supreme Court has ruled that the death sentence is unconstitutional for the crime of rape of a child
The Supreme Court has ruled that it is unconstitutional to execute a mentally retarded defendant
The Supreme Court has ruled that it is unconstitutional to execute a juvenile who is under the age of 17 at the time of the crime
The three-strikes laws have been ruled unconstitutional
The three-strikes laws are constitutional if they are used only against defendants who have committed serious violent felonies
Mere possession is sufficient to create criminal liability in most states
The term actus reus refers to the act element of the crime
In Powell v Texas, the Supreme Court held that it was cruel and unusual punishment to punish a chronic alcoholic for public drunkenness
In Robinson v California, the Supreme Court stated that it would be cruel and unusual punishment to punish someone for a disease or illness
Constructive possession means the person has the item under their immediate physical control
A person is not guilty of a crime unless their mens rea was voluntary
The element of concurrence requires that the mens rea causes the result
Under the Good Samaritan rule, strangers have a duty to aid other strangers in peril
Murder, battery and arson are crimes of cause and result
An ommision to act is a crime only if there was a legal duty to act
Only voluntary acts can be crimes
The only element of crime required by the U.S Constitution is mens rea
Constructive possession means the person has the item on them or within their easy reach
The prosecution has to prove every element of the crime beyond a reasonable doubt to get a conviction
An omission to act can never be a crime
Most states require only mere possession for a criminal charge
A status of condition cannot be an actus reus
Failure to act when there is a legal duty to act can be an actus reus
Possession cannot by an actus reus
The law considers all bodily movements to be voluntary
In the absence of a confession, mens rea is usually proven by circumstantial evidence
Strict liability crimes are bills of attainder
Gross negligence, wickedly, and designedly are all examples of actus reus
A hate crime is motivated by a desire to act against a victim because of the victim's race, ethnicity, religion or gender
The burden of proof on the issue of causation rests on the prosecution
Different levels of blameworthiness are indicated by different types of intent
General intent is intent to do the criminal act
The four levels of culpability or intent in the Model Penal Code are purpose, knowledge, recklessness, and negligence
Recklessness requires awareness of substantial and unjustifiable risks
Negligence has both an objective and subjective component
Strict liability crimes have no actus reus element
In strict liability crimes, accidental injury can be criminal
Proving criminal causation requires proving both factual and legal cause
Intervening causes can be proximate causes
A mistake of law can form the basis of a defense to a criminal charge
The most blameworthy state of mind in the Model Penal Code is purpose
Negligence involves conscious risk creation
The issue of factual cause involves the "but for" test
Negligence is a totally objective standard
Questions of fairness and justice figure into the factual cause determination
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