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by: Charlinda Hartfield


Charlinda Hartfield
GPA 3.83
Criminal Law
Michael McPhail

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About this Document

Criminal Law
Michael McPhail
Study Guide
50 ?




Popular in Criminal Law

Popular in Criminal Justice

This 14 page Study Guide was uploaded by Charlinda Hartfield on Wednesday September 23, 2015. The Study Guide belongs to 007312 at University of Southern Mississippi taught by Michael McPhail in Summer 2015. Since its upload, it has received 77 views. For similar materials see Criminal Law in Criminal Justice at University of Southern Mississippi.


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Date Created: 09/23/15
PRACTICE TEST FOR FIRST EXAM 1 Which of the following is routinely cited as the first set of written laws to govern society a Code of Hammurabi b Ten Commandments c Dead Sea Scrolls d Babylonian Sacrament e Assyrian Statutory Code What is injunctive relief A punitive monetary award b Reimbursement for actual monetary losses c A declaration confirming a party s rights d A shortened sentence due to attendant circumstances e An order for an individual or group to do or stop doing something harmful The FBI uses all of the following factors to determine which crime statistics will be cataloged in its annual Uniform Crime Reports data except what a Intent b Severity c Economic impact d Geographic distribution e Frequency of occurrence Which system can be described as a government of elected leaders operating under a constitution that safeguards the best interests of the nation and its people by limiting the power of elected officials a Constitutionalism b Republic c Monarchy d Socialism e Democracy Which principle stipulates that American citizens will voluntarily waive rights privileges and liberties guaranteed by natural law in exchange for government protection a Due process b Stare decisis c Equal protection d Social contract theory e Bill of Attainder Which body of law originates with legislatures and serves as the primary source for the establishment of substantive criminal law a Common Statutory Administrative Constitutional Case 0903 7 10 11 12 13 Which body of law manifests the customs and traditions practiced throughout England a CriminalPositive b State c Common d Federal Which principle means quotlet the decision stand a Malum prohibitum b Actus reus c Mala in se d Mens rea e Stare decisis Which kind of crime is defined as an offense punishable by 3 to 6 months incarceration a Strict liability crime b Gross misdemeanor c Petty misdemeanor d True crime e Ordinary misdemeanor Which of the following represents the legislative efforts of local government county andor municipal to regulate behaviors within its jurisdictional boundaries a Misdemeanor b Crime c Felony d Administrative law Which principle describes crimes of moral turpitude and means that the acts are quotwrong in themselves a Malum prohibitum b Actus reus c Mala in se d Corpus delicti e Mens rea Which principle translates as quotguilty act Actus reus Malum prohibitum Corpus delicti Mala in se Mens rea Which standard is used in civil cases and requires one only to establish a greater likelihood that harm occurred a Beyond a reasonabl doubt Civil scale Civil injury Preponderance of the evidence Incurred harm rule we 0903 14 15 16 17 18 19 Which principle translates as quotbody of the crime a b c d e Mens rea Mala prohibita Corpus delicti Mala in se Actus reus Which Standard must be sufficiently met in order to hold an accused person liable for harm a b c d e Actual cause State decisis Recklessness Ordinary negligence Proximate cause Which term refers to the initial connection between the harm in question and the conduct of the a b c d e criminally accused Circumstantial evidence Actual cause Corpus delicti Legalcause Deviance Drug possession and statutory rape are examples of crimes often exempt from the mens rea requirement meaning that they possess what a b c d e Injunctive relief Declaratory relief Strict liability General intent Specific intent Which concept means that some degree of malevolent or wrongful design was intended for with no particularized objective a b c d e Wh General intent Constructive intent Specific intent Capital felony Strict liability at legal elements must accompany actus reus and mens rea in order for most crimes to be punEhed a 0903 Corpus delicti Declaratory relief Injunctive relief Attendant Circumstances Extenuating circumstances 20 21 22 23 24 25 The historical law of the Catholic Church is called what a Canon law b Natural law c Code of Hammurabi d Positive law e Statute of Westminster Which doctrine reflects a concerted effort by the drafters of the US Constitution to avoid concentrating power within a single branch of government a Eminent domain b Doctrine of overbreadth c Separation of powers d Equal protection e Restorative justice Which term describes the effort to strengthen the national government by identifying certain matters that fall with its exclusive scope a Dual sovereignty b Doctrine of overbreadth c Eminent domain d Incorporation e Federalism Which mechanism built into our system of government is designed to prevent tyranny by any one branch a Procedural due process b Checks and balances c Specific deterrence d Retribution e Voir dire Which branch of government is vested with the power to enforce laws a Judicial b Congressional c Executive d Legislative e Presidential Which document contains numerous provisions that limit the nature and extent of government intrusion into the lives of American citizens a US Constitution b Federalist Papers c Declaration of Independence d Probation contract e Federal Sentencing Guidelines 26 27 28 29 30 31 32 Which concept describes the requirement that government must follow certain procedures before infringing on the life liberty or property of a private citizen a Federalism b Restorative justice c Equal protection clause d Selective incorporation e Due process Which provisions prohibits states from making arbitrary and unreasonable distinctions among people that limit their rights and freedoms a Ninth Amendment b Due process clause c Dual sovereignty doctrine d Equal protection clause e Doctrine of overbreadth Which amendment to the US Constitution contains the privilege against selfincrimination a Fifth b Sixth c Eighth d Fourth e Fourteenth Which amendment to the US Constitution contains numerous trial rights including the right to a speedy and public trial the right to an impartial jury and the right to confront witnesses at trial a Fifth b Sixth c Eighth d Fourth e Fourteenth Which amendment to the US Constitution provides protection from excessive bail or fines and from cruel or unusual punishment a Fifth b Sixth c Eighth d Fourth e Fourteenth Which emerging concept aims to reconcile the relationship between victim and offender using the assistance of a trained mediator a Deterrence b Restorative justice c Retribution d Incapacitation e Rehabilitation Which concept suggests that the threat of punishment will prevent many individuals from engaging in illegal acts 33 34 35 36 37 we Whi facil a b c d e Whi inca a b c d e Whi simi a b c d e Whi insu a b c d e Whi a 0906 Incapacitation Rehab a on Retribution Restorative justice Deterrence ch term refers to the seizure of real or personal property used during the commission or itation of a criminal offense Incapacitation Forfeiture Restitution Judicial activism Bail ch term describes the establishment by a legislature of minimum and maximum terms of rceration with the offender s release date ultimately determined by others in the system Sentencing disparity Discretionary sentence Intensive supervision probation Indeterminate sentences Selective incorporation ch term describes what occurs when individuals receive markedly different sentences for lar offenses Sentencing disparity Predicate crime Selective incorporation Specific deterrence Mitigating circumstance ch document or decision will a grand jury return when it determines that evidence is fficient to proceed to trial Voir dire No bill Information True bill Forfeiture ch terms describes a past offense for which a defendant has been convicted Predicate crime Strict liability Capital crime Determinate sentence Forfeiture 38 39 40 41 42 43 Which term describes a factor that lessens a defendant s culpability a Aggravating circumstance b Information c Mitigating circumstance d Voir dire e True bill What is the most popular form of punishment in the United States a House arrest b Incarceration c Electronic supervision d Probation e Parole In common law England what required offenders to pay compensation to the state and victim a Ex post facto laws b Biven actions c Bills of attainder d Wergilds e Eminent domain Which test represented the US Supreme Court s first effort to determine separate offenses under the double jeopardy clause Frye Blockburger Substantial capacity Irresistible impulse M Naghten Which defense asserts that the accused was unlawfully induced by another to commit a criminal act a Duress b Necessity c Diminished capacity d e 09935 Justification Consent Why is insanity seldom offered as a defense a It usually doesn t work It is difficult to fake insanity Such a diagnosis requires medical proof The M Naghten Rule forbids it Most mental deficiencies do not qualify 0903 44 45 46 47 48 49 Which terms best describes the principle of constitutional protection from multiple prosecution for the same offense a b c d e Statute of limitations Duress Double jeopardy Demurrer Entrapment Which test was used under common law to assess insanity we Blockburger test Substantial capacity test Diminished capacity test ALI standard M Naghten Rule Which defense asserts that an accused was honestly in error about certain circumstances surrounding the offense of which he or she is accused a b c d e Mistake of law Necessity Diminished capacity Mistake of fact Entrapment Which term best describes a mental condition that will neither improve nor deteriorate over time m99 9gt999 9 Mental defect Mental disease Mental incompetence Mental illness Mental incapacitation claim of involuntary intoxication by fraud or deception is what kind of defense Diminished capacity Entrapment Automatism Insanity Inducement Which term best describes involuntary actions by a defendant that results in a criminal offense a 999 Tolling Insanity Intoxication Automatism Retardation 50 51 52 53 54 55 Which kind of defense asserts some justification or excuse for having committed a criminal act a Affirmative b Statutory c Constitutional d Alibi e Legal impossibility Which term best describes decreased mental competency that mitigates responsibility for a criminal act through the element of mens rea a Substantial capacity b Diminished capacity c Insanity d Mistake of law e Duress Which doctrine removes the traditional duty of a homeowner to retreat presumably to safety when his or her life or the lives of others are in immediate danger a Castle b Blockburger c Substantial capacity d M Naghten e Frye Which defense asserts that government officials or agents induced the accused to commit an offense he or she would ordinarily not have committed a Duress b Coercion c Justification d Mistake of law e Entrapment What do some states require before a private citizen may use deadly force to defend him or herself or others a Alibi b Consent c Inducement d Duty to retreat e Waiver Which term best describes a statute of limitations that stops the clock on prosecutorial time limits a Termination b Inducement c Tolling d Ticking e Waiver 56 57 58 59 60 61 Which defense asserts that an accused committed a criminal act because of extenuating yet natural circumstances beyond his or her control a Necessity b Duress c Automatism d Coercion e Alibi Which of the following restricts the time allowed to elapse between commission of a crime and arrest or indictment of the defendant a Waiver b Mistake of law c Right to speedy trial d Mistake of fact e Statute of limitations Which court case is responsible for limiting police officers use of deadly force against fleeing felons a Barker v Wingo b Aleman v Illinois c Downum v United States d Tennessee v Garner e People v Lovercamp Which term best describes past or present behavior that indicates whether a person is inclined to commit certain acts a Predisposition b Duress c Inducement d Cognition e Volition Which term best describes the standard of mental competence used in the ALI standard Insanity Diminished capacity Substantial capacity Infancy Compulsion What must the prosecutor prove to obtain a conviction on a conspiracy charge a Defendant acted aloe Parties had reached an agreement Conspirators planned the crime in writing None of the conspirators was an undercover officer Crime was carried out 09935 0903 62 63 64 65 66 67 Which term best describes the test that focuses on what remains for a defendant to accomplish in order to commit the intended crime a Dangerous proximity b Physical proximity c Indispensable element d Probable desistance e Substantial step Which term best describes the test that focuses on the defendant s ability to carry out a criminal act a Dangerous proximity b Physical proximity c Indispensable element d Probable desistance e Substantial step Which term best describes the test that evaluates whether it is likely in light of relevant facts and circumstances that a defendant would have desisted from committing a criminal act a Dangerous proximity b Physical proximity c Indispensable elements d Probable desistance e Substantial step What kind of intent must a defendant have to be charged with the crime of attempt a General b Presumptive c Constructive d Transferred e Specific Which term best describes the inability to commit a particular crime because of material information that is unknown to the defendant or beyond his or her control a Mistake of fact b Factual impossibility c Intervening cause d Legal impossibility e Proximity Which term best describes circumstances that exist when a defendant is mistaken about the law or has been charged with the wrong crime a Mistake of fact Factual impossibility Intervening cause Legal impossibility Proximity 0903 68 69 70 71 72 73 Whi a b c d e Whi a b c d e Whi ch criterion is insufficient to prove the elements required for the crime of attempt Ability Physical proximity Mere preparation Dangerous proximity Specific intent ch test is no longer used because of its strict requirement Last act Indispensable element Probable desistance Equivocality Substantial step ch term best describes the kind of solicitation that occurs when an individual uses a third party to solicit another person to commit a crime a b c d e Whi we Whi Secondary party Renunciation Second degree Indirect Intermediary ch kind of law addresses individuals efforts to persuade others to commit crimes Renunciation Solicitation Inducement Attempt Conspiracy ch term best describes the principle by which conviction for conspiracy is allowed even when only one party believes an agreement was made to commit a crime a b c d e Whi a 0903 Unilateral theory Single legal entity theory Trilateral theory Wharton s Rule Bilateral theory ch term best describes people who help a perpetrator after he or she commits a crime Solicitors Assistants Partakers Accessories Conspirators 74 To charge someone with the crime of conspiracy most states and the federal government 75 76 77 78 79 require proof that the parties advanced the conspiracy by engaging in what kind of act a Prudent b Physical c Reasonable d Criminal e Overt Which rule holds that an agreement to commit a crime cannot be prosecuted as conspiracy when the crime itself by definition requires participation of more people than presently involved a Thompson s b Gillian s c Williams d Wharton s e Johnson s Which provisions holds that if all other alleged conspirators to a crime are acquitted the remaining alleged conspirator may not be convicted a Unilateral Conspiracy Rule b Conspirator Rule c Rule of consistency d Conspiracy Protection Act e Wharton s Rule Which provision requires proof that the defendant has voluntarily and completely abandoned intent to commit the target crime a Unilateral theory b Wharton s Rule c Rule of consistency d Bilateral theory e Renunciation In most jurisdictions what evidence might a prosecutor offer to prove that a defendant is guilty of attempt a Document that the defendant owned a firearm b Illustrate general intent to engage in the crime c Show that the defendant merely prepared to commit the crime d Demonstrate physical or dangerous proximity to the intended crime e Confirm that the intended crime was actually committed Which term best describes the commonlaw term for an accomplice who was present at the scene of a crime and who helped with the crime a Principal at the fact b Firstdegree accomplice c Seconddegree accomplice d Principal after the fact e Primary accomplice 80 Which term best describes an individual who assists solicits aids or abets a perpetrator before a criminal act or who fails to exercise his or her legal duty to prevent a crime a Partner in crime b Accomplice c Solicitor d Assistant e Associate Answers 1 a 21 c 41 b 61 b 2 e 22 e 42 a 62 b 3 a 23 b 43 a 63 c 4 b 24 c 44 c 64 d 5 d 25 a 45 e 65 e 6 b 26 e 46 d 66 b 7 d 27 d 47 a 67 d 8 e 28 a 48 a 68 c 9 e 29 b 49 d 69 a 10 e 30 c 50 a 70 e 11 c 31 b 51 b 71 b 12 a 32 e 52 a 72 a 13 d 33 b 53 e 73 d 14 c 34 d 54 d 74 e 15 e 35 a 55 c 75 d 16 b 36 b 56 a 76 c 17 c 37 a 57 e 77 e 18 a 38 c 58 d 78 d 19 d 39 d 59 a 79 a 20 a 40 d 60 c 80 b


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