The substantive criminal law
defines standards of conduct for protection of the community
Which of the following is not one of the four generally recognized goals of the criminal justice system?
Help victims harmed by crime
An example of private law is
A tort is
a civil wrong done to a person or her property
The latin maxim nulla poena sine lege means
no punishment without law
To be enforceable, state criminal laws must be consistent with
the U.S. and state constitutions
A bill of attainder is
a legislative act that inflicts punishment without trial
What is the name of the inherent power of every state and local government, subject to constitutional limits, to enact criminal laws?
A statute making heroin addiction, by itself, a crime would most likely
be found unconstitutional
The equal protection clause is found in the
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?
Which branch of government administers and enforces criminal laws?
In the U.S., the supreme law of the land is considered to be
the U.S. constitution
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
The law of criminal procedure deals with
the law followed in the investigation and processing of a crime
A person might commit a crime for of the following reasons except?
fear of arrest and punishment
If a person intentionally damages a building owned by another person this action
is both tort and a crime
As compared to the power of the states to enact criminal laws,
the federal government has less authority
Under what system do the states have the primary responsibility of maintaining public order and safety within each state?
the american system of federalism
Which of the following is not part of the federal domain?
all of these are part of the federal domain
What term means to surrender an accused criminal under the provisions of a treaty or statute by one authority to another having jurisdiction?
Where does the international criminal court sit?
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?
International criminal law is also known as offenses against the
law of nations
Which of the following is one of the crimes the federal mann act addresses?
Military installations and other federally owned and controlled lands within the boundaries of a state are called federal
How many indian tribes does the U.S. currently recognize with some attributes of sovereignty?
International conventions and treaties between nations can confer power to what entity to make criminal laws?
the federal government
Indian tribes are generally dependent upon federal
bureau of indian affairs
Should a member of the U.S. military commit a crime off-base, jurisdiction with be with
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?
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
Final authority on the scope of indian tribal jurisdiction is held by
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
The latin term actus reus means
The latin term mens rea refers to
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
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?
Thinking of committing a crime without performing a criminal act is
never a crime
Most crimes require the concurrence of which of the following?
guilt act and guilty mind
To obtain a conviction, the prosecution has the burden of proving every element of the crime
beyond reasonable doubt
Which of the following terms refers to an individual's mental state?
To find a defendant guilty of the crime of receiving stolen property, most states
require proof the defendant knew the property was stolen
In criminal law, motive refers to
the reason the defendant committed the crime
In a criminal trial, motive
is always relevant evidence
A strict liability offense is one without
Strict liability statutes
do not require the prosecutor to prove criminal intent
Which of the following areas include strict liability crimes?
all of these include strict liability crimes
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
For crimes in which harm has occurred, the state must prove
the defendant's act was the ordinary and proximate cause of the harm
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
A request made to another person to commit a crime is the offense of
The purpose of solicitation, conspiracy, and attempt statutes is to
prevent serious harm before it occurs
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
Abandonment or withdraw by a conspirator makes the crime
The crime of solicitation is committed when
when a person attempts to get another to commit a crime
In the early 1600s, what crime was used extensively by the english court of the start chamber?
What requirement for the crime of conspiracy has been limited or rejected by a substantial number of states?
two or more guilty persons
The death of a co-conspirator
may effect a prosecution for conspiracy
For criminal conspiracy, proof of an overt act by a defendant
is required by most current state statutes
Evidence is an overt act would provide some assurance that
at least one of the conspirators was sincere
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
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
The U.S. supreme court has stated that the essence of the crime of conspiracy is
agreement to commit a crime
A conspiracy to commit an unlawful act is known as a/an
The most frequently charged anticipatory offense is that of
To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of
completion of a substantial step
Federal courts and many states use the model penal code substantial step test in determining whether the crime of _________ has been committed.
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
The two prongs of the M'naghten rule are
cognitive incapacity and moral incapacity
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
The first prong of the M'Naghten rule
requires a showing the defendant did know what he was doing
The common law established the lowest age of criminal responsibility at age
At what age do most states infer that individuals are competent and capable of committing a crime?
A rebuttable presumption means the presumption
may be overcome by the presentation of evidence
The second prong requires
a showing the defendant did not know what he was doing wrong
The M'Naghten rule differs from the substantial capacity test primarily on the made up the crime charged.
How often is voluntary intoxication or drug use the basis for the successful assertion of the insanity defense?
A defendant of questionable competency should not be tried for a criminal violation because
all of these answers are correct
A defendant who is found not guilty by reason of insanity is almost always
committed to a mental institution
What is the name of the test which combines cognitive incapacity and moral incapacity?
The M'Naghten test
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
States with the "guilty but mentally ill" verdict
have retained the insanity defense
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
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
To be lawful, force used in self defense or defense of another must be both reasonable and
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
The amount of force used in self defense or defense of another must, under the circumstances that exits, be
In states that have adopted "make my day" the occupant of a dwelling
may use deadly forces against the intruder
To lawfully use deadly force in self defense, what kind of fear of imminent death or great bodily harm must exist?
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
Today, most states prohibit the use of what kind of force to protect property?
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
When an uncooperative driver refuses to submit to a breath or urine test police have begun
taking forced blood samples from these uncooperative drivers
Whether excessive force was used by police in making an arrest will be analyzed under the fourth amendment and what standard?
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
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
"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
Actions by police officers using force to arrest a suspect, and thus under the fourth amendment must be
State laws or regulations stating how and when police officers may use force must also comply with the