Criminal Law And Procedures Final

Front 1

When the government intentionally inflicting pain or loss of Liberty on the person who has been convicted of a crime, it is called

Back 1

B. Punishment

Front 2

The simplest retributive justification is when

Back 2

D. One who has violated the rights of others is penalized.

Front 3

The utilitarian justification is based upon Jeremy Bentham's test for

Back 3

A. Moral desirability of an act or social practice.

Front 4

An intolerance for repeat offenders has resulted in ____, which impose sentences of 25 years to life for those convicted of serious offenses the different times.

Back 4

C. Three-strike laws

Front 5

If the accused is convicted of a crime,

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C. S/he will be sentenced

Front 6

A by-product of punishment is the _____ of the criminal so that he or she would no longer desire to commit crimes and will be a useful citizen.

Back 6

B. Reform

Front 7

The effect that punishment babe in causing other people in the community to refrain from committing other crimes is called

Back 7

C. General deterrence.

Front 8

The effect that the imposition of punishment upon the wrong doer will have in causing him or her to refrain from repeating the act is called

Back 8

D. Individual deterrence.

Front 9

The removal or restriction of freedom of those who have violated criminal laws is

Back 9

B. Incapacitation.

Front 10

As a by-product of punishment, _____ is sought so the offender will no longer desire to commit crimes and become a productive citizen.

Back 10

B. Rehabilitation

Front 11

The goal of utilitarianism is

Back 11

A. The greatest good for the greatest number.

Front 12

Punishment in the criminal justice system occurs when an agent of the government intentionally

Back 12

D. Inflicts pain on the convicted individual or otherwise causes him or her to suffer some consequence that is ordinarily considered to be unpleasant.

Front 13

Restorative justice techniques do NOT include

Back 13

B. Longer incarceration.

Front 14

Restorative justice techniques do NOT include

Back 14

B. Longer incarceration.

Front 15

With determinate sentencing systems and mandatory sentences, the prison population has

Back 15

A. Exploded.

Front 16

The suspension of a sentence, allowing an offender to return to the community with conditions set by the court, is known as

Back 16

A. Probation.

Front 17

The release of an offender from incarceration prior to the expiration of the full term of incarceration is

Back 17

C. Parole.

Front 18

A (n) ______ is NOT an example of homicide.

Back 18

A. Suicide performed by a terminally I'll patient.

Front 19

____ is NOT an accurate definition of the behavior needed to be guilty of involuntary manslaughter.

Back 19

D. Mere negligence

Front 20

____ is NOT a symptom of brain death.

Back 20

D. The absence of recognition of surrounding environment

Front 21

The corpus delicti requirement, includes the fact that

Back 21

C. The prosecution cannot use statements of the defendant, or his or her confession alone, to prove that a crime has been committed.

Front 22

To establish premeditation and deliberation, many modern courts require

Back 22

D. A reasonable period of time of deliberation

Front 23

The determination of a defendant's mental state at the time of the killing act can be difficult because

Back 23

C. State of Mind can only be established by circumstantial evidence.

Front 24

The determination of a defendant's mental state at the time of the killing act can be difficult because

Back 24

C. State of Mind can only be established by circumstantial evidence.

Front 25

Under the common law rule, which still exists in some jurisdictions, a provocation defense required the accused to show that

Back 25

D. All of the above are correct.

Front 26

Typical criminal homicide motives do NOT include

Back 26

A. Fear.

Front 27

The year and a day rule's time limit is a(n) _____ of criminal liability.

Back 27

D. Absolute rule

Front 28

A defendant who consciously disregards a substantial and unjustifiable risk that criminal harm will occur is acting

Back 28

A. Recklessly.

Front 29

A defendant who consciously disregards a substantial and unjustifiable risk that criminal harm will occur is acting

Back 29

A. Recklessly.

Front 30

The common law felony murder rule created murder liability for all deaths that occurred as a result of the participation _____ the felony.

Back 30

D. All of the above are correct.

Front 31

A justifiable homicide could include

Back 31

D. The defense of human life.

Front 32

The various types and degrees of homicide include

Back 32

D. All of the above are correct.

Front 33

_____ is NOT an example of murder?

Back 33

A. " the accused causes a death in the course of committing a misdemeanor"

Front 34

The _____ is an element of battery.

Back 34

D. All the above are correct.

Front 35

In order for a defendant to be guilty of battery, not only must hear she intend to cause harmful or offensive touching, but he or she must also

Back 35

C. Actually cause such a result to the victim.

Front 36

_____ is NOT one of the elements of the crime of assault.

Back 36

C. The actor's conduct of touching our applying force

Front 37

For a defendant to be criminally culpable of assault, s/he only needs to take some action like

Back 37

B. Making a fist and waving the arm while walking toward a victim.

Front 38

One form of assault, ____ , is a felony in most jurisdictions.

Back 38

A. Aggravated assault

Front 39

Because of the origins of the crime of _____, it has outlived is purpose and is being gradually eliminated from American criminal law.

Back 39

D. Mayhem

Front 40

Because of the origins of the crime of _____, it has outlived is purpose and is being gradually eliminated from American criminal law.

Back 40

D. Mayhem

Front 41

In general, rape is sexual intercourse by a male defendant with a female victim that is committed

Back 41

B. By means of some specific forms of deception

Front 42

Under the common law, whether the victim_____ is NOT "proof" that the woman was raped.

Back 42

A. Was not married

Front 43

Wives who have been victims of spousal rape can sue their husbands in civil court for

Back 43

D. All the above are correct.

Front 44

Wives who have been victims of spousal rape can sue their husbands in civil court for

Back 44

D. All the above are correct.

Front 45

Police can provide rape victims with various resources that can assist and her or his recovery, including

Back 45

D. Rape Survivor support groups.

Front 46

____ is NOT a true statement about child molesters.

Back 46

D. " child molesters rarely recidivate, and often go on to lead non-criminal lives after incarceration"

Front 47

____ is NOT a common reason why sexual abuse of children often goes undetected or unreported.

Back 47

A. "The molestation stops, so the child decides not to talk about it"

Front 48

Under Megan's Law, the information provided on sex offender databases includes

Back 48

C. A photograph of the perpetrator (if available)

Front 49

The abortion must _____ is NOT a condition under which abortions must be performed.

Back 49

C. "After a 14-day waiting period"

Front 50

Child abuse can include

Back 50

D. All the above are correct.

Front 51

If a parent is ____, that parent will be punished by the child abuse laws.

Back 51

A. An observer of the abuse

Front 52

____ is not a form of child neglect.

Back 52

A. Throwing an object at a child

Front 53

____ is a form of physical abuse.

Back 53

B. Withholding food as punishment

Front 54

_____ is NOT a form of emotional maltreatment.

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B. Telling a child that he or she needs to do better in school

Front 55

____ is a form of spousal abuse.

Back 55

C. Abusing one's partner in a homosexual relationship

Front 56

______ is NOT an example of the financial exploitation of elders?

Back 56

B." When an elderly person needs a substantial amount of money to a person in his or her will, but that person refuses to speak to the elderly person"

Front 57

_____ percent of Elder abusers are female, which is quite different from other abuse profiles, and what percentage of those who suffer from elder abuse are female?

Back 57

B. Fifty-two

Front 58

More than _____ percent of those who suffer from elder abuse are female.

Back 58

B. Fifty-two

Front 59

False imprisonment is

Back 59

D. Knowingly and unlawfully restraining a person, in the substantially interfering with his or her Liberty.

Front 60

False imprisonment is

Back 60

D. Knowingly and unlawfully restraining a person, in the substantially interfering with his or her Liberty.

Front 61

____ is NOT one an element of kidnapping.

Back 61

A." Knowingly and substantially interfering with another person's Liberty"

Front 62

_____ is NOT one of the general definitions of modern arson.

Back 62

D." When one starts a fire or cause an explosion with the purpose of destroying or damaging any property, whether his own or another's, to collect insurance for such loss"

Front 63

Under common law, arson existed if the Burntwood showed evidence of

Back 63

B. Charring.

Front 64

When the MPC was drafted, it was noted that _____ was a legislative pattern that had developed in the U.S.

Back 64

D. All the above are correct.

Front 65

When a crime requires a mens rea of specific intent, a person is culpable only if he or she voluntarily commits the underlying criminal act or acts

Back 65

B. With the intent to achieve a particular result.

Front 66

Many states have degrees, or levels of severity, of arson in their statues, and each level arson

Back 66

C. Ranges in severity of punishment, and each includes elements that are not included in other levels.

Front 67

______ is NOT one of the three elements of common law burglary.

Back 67

A. Occurring at any time of the day

Front 68

______ is NOT one of the three elements of common law burglary.

Back 68

A. Occurring at any time of the day

Front 69

Even under the most comprehensive definitions of modern burglary, the offense does NOT include

Back 69

A. The event happening in the nighttime.

Front 70

_____ is part of the MPC's definition of burglary.

Back 70

B. " the entry of a 'building or occupied structure, or separately secured or occupied portion thereof"

Front 71

_____ is part of the MPC's definition of burglary.

Back 71

B. " the entry of a 'building or occupied structure, or separately secured or occupied portion thereof"

Front 72

Unlawful entry can be accomplished through

Back 72

D. All of the above are correct.

Front 73

The distinction between Commission of burglary at night as opposed to daytime is

Back 73

D. Most frequently a matter of defining the degree of the crime, rather than defending the basic offense.

Front 74

The felony charge for theft of property worth greater than a statutorily determine amount of money (such as $1,000) is

Back 74

B. Grand Theft

Front 75

One of the three required elements of property taken by larceny is NOT that the property taken must

Back 75

C. Be worth greater than a statutorily set amount of money.

Front 76

One way the owner of stolen property can positively Identify the property as his or hers is by

Back 76

D. All the above are correct.

Front 77

One could NOT prove specific intent to permanently deprive the owner of the property if the defendant

Back 77

A. Was in the habit of repeatedly taking in returning various items without warning.

Front 78

Larceny from a person differs from robbery in that robbery requires the additional element of

Back 78

C. Taking by fear or Force.

Front 79

_____ is one of to come and definitions of property being "on a person" at the time of a larceny.

Back 79

D. " the victim had actual possession of the property on their person when the larceny occurred"

Front 80

_____ is NOT an example of shoplifting?

Back 80

D. Thefts of supplies from one's office

Front 81

Courts generally hold that the "finder" has obligation to give an item back to the owner if the item

Back 81

A. Has substantial value.

Front 82

A (n) _____ may have substantial value, but it could be difficult to identify the owner.

Back 82

C. $20 bill

Front 83

Your riding is the ____ of a motor vehicle without the consent of the owner.

Back 83

D. Taking, using, or operating