Exam #4

Front 1

The Supreme Court struck down a local ordinance (law) that prohibited the ritual killing of animals because it infringed on the religious beliefs of a group that practices animal sacrifice. This is an example of:

Back 1

A. Establishment clause.

B. Free exercise clause.

C. Substantive due process.

D. Overbreadth.

Front 2

When a law enforcement agent persuades a citizen to commit a crime he or she would not have otherwise committed, this is:

Back 2

A. Mens rea.

B. Entrapment.

C. Free exercise clause.

D. Actus reus.

Front 3

One cannot be convicted of any type of homicide unless one's acts caused the death of another human being. This describes:

Back 3

A. Mens rea.

B. Attendant circumstances.

C. Actus reus.

D. Result.

Front 4

The crime of speeding does not take place unless one is traveling on a public roadway. This demonstrates:

Back 4

A. Mens rea.

B. Attendant circumstances.

C. Actus reus.

D. Result.

Front 5

Taking the personal property of another, if coupled with the mental state of intent to steal, is the crime of theft. The actual taking of the property is the:

Back 5

A. Mens rea.

B. Attendant circumstances.

C. Actus reus.

D. Result.

Front 6

Crimes such as homicide, forcible rape, assault, battery, and robbery are examples of:

Back 6

A. Crimes against property.

B. Crimes against the person.

C. Inchoate crimes.

D. All of the above.

Front 7

Crimes such as attempt, solicitation, facilitation, aiding and abetting, and conspiracy are examples of:

Back 7

A. Crimes against property.

B. Crimes against the person.

C. Inchoate crimes.

D. All of the above.

Front 8

The Model Penal Code identified four levels of this: purpose, knowledge, recklessness, and negligence:

Back 8

A. Actus reus.

B. Mens rea.

C. Attendant circumstances.

D. Result.

Front 9

If you saw your classmate's book and purposefully decided to take it because it was in better condition than yours, the intent behind taking the book is referred to as:

Back 9

A. Actus reus.

B. Mens rea.

C. Attendant circumstances.

D. Result.

Front 10

Which amendment to the Constitution is at issue when "the core lawful purpose of self-defense" is threatened?

Back 10

A. Fourth Amendment

B. Sixth Amendment

C. Second Amendment

D. Fourteenth Amendment

Front 11

Selective prosecution based on race, sex, or similar characteristics is an example of:

Back 11

A. Defenses of justification.

B. Defenses of excuse.

C. Procedural defenses.

D. Defenses of permit.

Front 12

The commission of a crime is never excusable and always requires punishments. (T or F)

Back 12

A. True

B. False

Front 13

Defenses of justification assume that the act was deliberate, but argue that it was committed for a reason deemed justifiable under the law. (T or F)

Back 13

A. True

B. False

Front 14

Immunity is a procedural defense in which a defendant is given freedom from criminal prosecution because of his or her status as a foreign diplomat or as a cooperating witness for the government in a larger prosecution.

Back 14

A. True

B. False

Front 15

Children under the age of 14 are presumed to be able to form mens rea.

Back 15

A. True

B. False

Front 16

The substantive rights contained in the First Amendment, such as the freedoms of speech, peaceable assembly, and freedom of religion, are all considered fundamental rights.

Back 16

A. True

B. False

Front 17

Which of the following is true about rehabilitation?

Back 17

A. It must be offender specific.

B. The viewpoint is to let the punishment fit the offender.

C. One key to success is to determine which programs are most appropriate for which offenders.

D. A and B.

E. All of the above.

Front 18

The death penalty is a form of incapacitation. This is because:

Back 18

A. It is a punishment.

B. It removes the offender from the circumstances to commit another crime.

C. It is a deterrent.

D. It is severe.

Front 19

A driving under the influence (DUI, OUI) offender is ordered to forfeit driver's license and pickum-up-truck. This is an example of:

Back 19

A. Removing the instrumentalities of crime.

B. Strict liability crime.

C. Judge's ability to sentence.

D. Rehabilitation

Front 20

Labeling a group as a dangerous class most likely:

Back 20

A. Results from the truth.

B. Results from prejudice and group stereotyping.

C. Results from past history.

D. Results from intense studies of the people who commit crime.

Front 21

No one can be punished for an act that is not expressly labeled as a criminal act by a penal code. This is an implication of:

Back 21

A. Dangerous class.

B. Culpability.

C. Legality.

D. Shaming.

Front 22

Fines:

Back 22

A. Are punishments.

B. Are usually applied for minor offenses.

C. Are financial penalties.

D. B and C.

E. All of the above.

Front 23

Complete this sentence: Only ________ has/have the power to impose criminal __________, and those punishments can take away _____________ commonly held by citizens.

Back 23

A. Society, justices, people

B. People, penalties, money

C. Groups, trespasses, bail

D. Government, punishments, rights

Front 24

There is a class of crimes called strict liability offenses, which:

Back 24

A. Apply to second-offense criminals.

B. Punish certain acts even if mens rea is lacking.

C. Are related to bail.

D. Protect the very young.

Front 25

The concept of punishment is socially constructed and the concept varies across time and place. (T or F)

Back 25

A. True

B. False

Front 26

For similar offenses, one judge may offer probation to the offender, whereas another judge may impose a one year jail sentence. This demonstrates that:

Back 26

A. Punishment is not always swift.

B. Punishment is not always certain.

C. Punishment is not always proportional.

D. Offenders are always aware of punishments.

Front 27

There is just no way to predict whether an offender will be caught and punishment enforced, let alone how punishment will be administered. This demonstrates that:

Back 27

E. Punishment is not always swift.

F. Punishment is not always certain.

G. Punishment is not always proportional.

H. Public is always aware of punishments.

Front 28

When a victim is wronged, punishment should be designed to get even by imposing the same hardship onto the offender. This is known as:

Back 28

A. Retribution.

B. Expiration.

C. Specific deterrence.

D. General deterrence.

Front 29

Members of the public see punishments given out and they decide not to commit crime out of a fear of being punished themselves. This is known as:

Back 29

A. Retribution.

B. Expiation.

C. Specific deterrence.

D. General deterrence.

Front 30

When governments mature and stabilize:

Back 30

A. They need to be particularly harsh in their punishments.

B. They no longer are responsible for punishing criminals.

C. They no longer need to make public displays of force and their punishments can become more humane.

D. All of the above.

Front 31

In 1958, G. Sykes wrote of five deprivations that convicted people experience when they are incarcerated in a prison or jail. What are they?

Back 31

1. Deprivation of goods and services.

2. Deprivation of heterosexual relations.

3. Deprivation of independence/autonomy.

4. Deprivation of freedom/liberty

5. Deprivation of body integrity, personal security