Criminal Law Midterm Flashcards


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1

The substantive criminal law

defines standards of conduct for protection of the community

2

Which of the following is not one of the four generally recognized goals of the criminal justice system?

Help victims harmed by crime

3

An example of private law is

divorce

4

A tort is

a civil wrong done to a person or her property

5

The latin maxim nulla poena sine lege means

no punishment without law

6

To be enforceable, state criminal laws must be consistent with

the U.S. and state constitutions

7

A bill of attainder is

a legislative act that inflicts punishment without trial

8

What is the name of the inherent power of every state and local government, subject to constitutional limits, to enact criminal laws?

police power

9

A statute making heroin addiction, by itself, a crime would most likely

be found unconstitutional

10

The equal protection clause is found in the

fourteenth amendment

11

Status crimes are criminal law that punish status, such as drug addiction, with no requirement. The issue of status laws began when california passed a law making addiction to what drug a crime?

heroin

12

Which branch of government administers and enforces criminal laws?

executive branch

13

In the U.S., the supreme law of the land is considered to be

the U.S. constitution

14

Which of the following is true of the standards set by moral laws compared to those set by criminal laws?

the standards set by moral laws are generally higher than those set by criminal laws

15

The law of criminal procedure deals with

the law followed in the investigation and processing of a crime

16

A person might commit a crime for of the following reasons except?

fear of arrest and punishment

17

If a person intentionally damages a building owned by another person this action

is both tort and a crime

18

As compared to the power of the states to enact criminal laws,

the federal government has less authority

19

Under what system do the states have the primary responsibility of maintaining public order and safety within each state?

the american system of federalism

20

Which of the following is not part of the federal domain?

all of these are part of the federal domain

21

What term means to surrender an accused criminal under the provisions of a treaty or statute by one authority to another having jurisdiction?

extradition

22

Where does the international criminal court sit?

the hague

23

According to the tokyo convention act of 1967, any nation may try persons for what crime even if no acts are committed within that a country's boundary or territorial waters?

piracy

24

International criminal law is also known as offenses against the

law of nations

25

Which of the following is one of the crimes the federal mann act addresses?

interstate prostitution

26

Military installations and other federally owned and controlled lands within the boundaries of a state are called federal

enclaves

27

How many indian tribes does the U.S. currently recognize with some attributes of sovereignty?

310

28

International conventions and treaties between nations can confer power to what entity to make criminal laws?

the federal government

29

Indian tribes are generally dependent upon federal

bureau of indian affairs

30

Should a member of the U.S. military commit a crime off-base, jurisdiction with be with

military court

31

Because the states have the primary responsibility to maintain public order and security in their state, they have what kind of authority to create criminal law under the police power of each state?

broad

32

What is the name of the jurisdiction of the united states over actions within territorial waters of the U.S., on the U.S. ships, or stateless vessels on the high seas?

high seas jurisdiction

33

Final authority on the scope of indian tribal jurisdiction is held by

congress

34

What is the name of the federal act that incorporates the state criminal law of the state surrounding the federal enclave as the law of the enclave if there is no relevant federal statute?

assimilative crimes act

35

The latin term actus reus means

guilty act

36

The latin term mens rea refers to

guilty mind

37

According to the model penal code, a person who consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct, acts

recklessly

38

According to the model penal code, how is a person acting, with respect to a material element of an offense, when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct?

negligently

39

Thinking of committing a crime without performing a criminal act is

never a crime

40

Most crimes require the concurrence of which of the following?

guilt act and guilty mind

41

To obtain a conviction, the prosecution has the burden of proving every element of the crime

beyond reasonable doubt

42

Which of the following terms refers to an individual's mental state?

mens rea

43

To find a defendant guilty of the crime of receiving stolen property, most states

require proof the defendant knew the property was stolen

44

In criminal law, motive refers to

the reason the defendant committed the crime

45

In a criminal trial, motive

is always relevant evidence

46

A strict liability offense is one without

criminal intent

47

Strict liability statutes

do not require the prosecutor to prove criminal intent

48

Which of the following areas include strict liability crimes?

all of these include strict liability crimes

49

In many states, when the age of a minor is an essential element of a crime, as in contributing to the delinquency of a child, the law

does not allow mistake as to the age of the minor to be used as a defense

50

For crimes in which harm has occurred, the state must prove

the defendant's act was the ordinary and proximate cause of the harm

51

While the classification system suggested by the model penal code distinguishes between each level of mental state, the distinction

does not always make a difference

52

A request made to another person to commit a crime is the offense of

solicitation

53

The purpose of solicitation, conspiracy, and attempt statutes is to

prevent serious harm before it occurs

54

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime has

no yet violated any law

55

Abandonment or withdraw by a conspirator makes the crime

nonetheless complete

56

The crime of solicitation is committed when

when a person attempts to get another to commit a crime

57

In the early 1600s, what crime was used extensively by the english court of the start chamber?

conspiracy

58

What requirement for the crime of conspiracy has been limited or rejected by a substantial number of states?

two or more guilty persons

59

The death of a co-conspirator

may effect a prosecution for conspiracy

60

For criminal conspiracy, proof of an overt act by a defendant

is required by most current state statutes

61

Evidence is an overt act would provide some assurance that

at least one of the conspirators was sincere

62

The wharton rule states that the crime of conspiracy cannot be charges if the number of people involved are only those necessary by factual circumstance to

commit the crime

63

A person could be criminally liable for the conduct of another if he of she is a party to a conspiracy to commit a crime and

all of these answers are true

64

The U.S. supreme court has stated that the essence of the crime of conspiracy is

agreement to commit a crime

65

A conspiracy to commit an unlawful act is known as a/an

common design

66

The most frequently charged anticipatory offense is that of

attempt

67

To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of

completion of a substantial step

68

Federal courts and many states use the model penal code substantial step test in determining whether the crime of _________ has been committed.

attempt

69

The age selected by the jurisdiction as the minimum age for a child's criminal responsibility creates a conclusive presumption that

a child under the age lacks the capacity to commit a crime

70

The two prongs of the M'naghten rule are

cognitive incapacity and moral incapacity

71

Under which of the following circumstances do states permit the insanity defense with the voluntary intoxication or drug use?

when it has created a "settled" psychotic mental state

72

The first prong of the M'Naghten rule

requires a showing the defendant did know what he was doing

73

The common law established the lowest age of criminal responsibility at age

7

74

At what age do most states infer that individuals are competent and capable of committing a crime?

14

75

A rebuttable presumption means the presumption

may be overcome by the presentation of evidence

76

The second prong requires

a showing the defendant did not know what he was doing wrong

77

The M'Naghten rule differs from the substantial capacity test primarily on the made up the crime charged.

magnitude

78

How often is voluntary intoxication or drug use the basis for the successful assertion of the insanity defense?

almost never

79

A defendant of questionable competency should not be tried for a criminal violation because

all of these answers are correct

80

A defendant who is found not guilty by reason of insanity is almost always

committed to a mental institution

81

What is the name of the test which combines cognitive incapacity and moral incapacity?

The M'Naghten test

82

In states where it is available, should the jury find the defendant was guilty by mentally ill at the time of the offense, the defendant

may receive any sentence that could be imposed for that crime

83

States with the "guilty but mentally ill" verdict

have retained the insanity defense

84

Which of the following must be found beyond a reasonable doubt for a defendant to be found guilty but mentally ill?

All of these are required to be found guilty but mentally ill

85

Key points in determining the lawfulness of force used in self-defense include:

all of these key points in determining the lawfulness of forces used in self defense

86

To be lawful, force used in self defense or defense of another must be both reasonable and

immediately necessary

87

Should a 70-year-old, 100 pound woman begin to hit a 25-year-old, 200-pound man with an umbrella, the man may

defend himself by taking the umbrella away from the woman

88

The amount of force used in self defense or defense of another must, under the circumstances that exits, be

reasonable

89

In states that have adopted "make my day" the occupant of a dwelling

may use deadly forces against the intruder

90

To lawfully use deadly force in self defense, what kind of fear of imminent death or great bodily harm must exist?

reasonable

91

If force in making arrests should be necessary because of resistance or an attempt to escape, the officer may use only such force as is reasonably believed necessary to

all of these limits on the amount of force any officer may use

92

Today, most states prohibit the use of what kind of force to protect property?

deadly

93

According to the U.S. supreme court, the fourth amendment applies to use of force by a police officer because the fourth amendment provides an explicit textual source of constitutional protection against this sort of

physically intrusive governmental conduct

94

When an uncooperative driver refuses to submit to a breath or urine test police have begun

taking forced blood samples from these uncooperative drivers

95

Whether excessive force was used by police in making an arrest will be analyzed under the fourth amendment and what standard?

reasonableness

96

State laws regarding the use of deadly force in making arrests must comply with the requirements established by the U.S. supreme court in which case?

tennessee v. garner

97

What doctrine states that a person in his home is justified in using reasonable force, including deadly force, in response to assault in their home?

the castle doctrine

98

"State your ground" laws change what doctrine in many states by adopting a presumption that a homeowner has a fear of imminent peril whenever he is attacked in his home?

the castle doctrine

99

Actions by police officers using force to arrest a suspect, and thus under the fourth amendment must be

reasonable

100

State laws or regulations stating how and when police officers may use force must also comply with the

fourth amendment