CJUS 400 Quiz 1 Criminal Law Fundamentals

CJUS 400 Quiz 1 Criminal Law Fundamentals, Limits, Responsibility, and Defenses

Module 1: Week 1 – Module 2: Week 2.

  1. Common law crimes in England were created by:
  2. Julie owns a gun and has for several years. She is arrested for possession of a firearm within the city where she lives. The day following her arrest, the city passes a law making gun ownership of any kind illegal and punishable by a year in jail for the first offense. Julie is sentenced to one year and a day in prison. A ____ is the most serious grade of crime and usually includes possibility of prison sentence.
  3. The equal protection clause of the Fourteenth Amendment requires that:
  4. The Latin maxim nulla poena sine lege means:
  5. If the language of a statute or ordinance is vague, it may be held unconstitutional under the:
  6. The substantive criminal law:
  7. Julie contends that because the law under which she was sentenced was passed the day after her arrest, her conviction on the gun possession charge is a clear violation of the principle of:
  8. The constitutional guarantee that criminal arrests and trials must meet certain minimum standards of fairness is the definition of:
  9. The cause, inducement, or reason why an act is committed is called:
  10. The offense of carrying an unauthorized concealed weapon requires a showing of:
  11. Susie “pick pocket” Ditts is a known criminal in the Detroit area and the police keep a close eye on her. Late one night her car is pulled over by the Detroit police for speeding and in plain view they see many tools that they deem as burglar tools. Susie the pick pocket is arrested with credit cards that are not hers, cash she cannot account for, and the personal belongings of people who have reported the items as stolen. Investigators can presume:
  12. To obtain a conviction, the prosecution has the burden of proving every element of the crime:
  13. is seldom made an essential element that must be proved beyond a reasonable doubt in many crimes.
  14. Conclusive presumptions can be unconstitutional under the Due Process Clause because the presumption allows the prosecution to avoid proving:
  15. The year-and-a-day murder rule:
  16. Julie “the snake” Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana. A person cannot be found guilty of possession of stolen goods if he or she did not know the goods were stolen. This is the element of:
  17. Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend’s house and finds his girlfriend and his best friend in a compromising embrace. Scott takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense. The Supreme Court has repeatedly maintained that it is a violation of due process to try to convict:
  18. Under the “substantial capacity” test, the “cognitive” part of the rule is satisfied:
  19. Which is not a basis for finding a person incompetent to stand trial?
  20. Voluntary intoxication or drug use as the basis for the successful assertion of the insanity defense is _____ used.
  21. Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend’s house and finds his girlfriend and his best friend in a compromising embrace. Scott takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense. Subjecting the accused to a tortuous ordeal is referred to as trial by:
  22. A defendant of questionable competency should not be tried for a criminal violation for all of the following reasons except:
  23. Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend’s house and finds his girlfriend and his best friend in a compromising embrace. Scott takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense. Scott may be found guilty but mentally ill if all the following are found beyond a reasonable doubt: (1) defendant is guilty of offense; (2) defendant was mentally ill at time offense was committed; and (3) defendant was not legally insane at time offense was committed. This is called:
  24. Superstition played a role in ancient England and in colonial America in accusing, mostly women, of:
  25. Officer Jones places this driver under arrest. While doing so the driver pulls out a gun and tries to shoot the officer. The officer uses his duty weapon and shoots and kills the driver. This use of force is:
  26. The use of a Taser by the police is considered to be:
  27. The term “in loco parentis” refers to:
  28. John Buff picks a fight with James Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head on a rock and dies. James is arrested and charged with the murder of John. James, a minor, panics because he realizes he has killed John, and picks up a knife when the police show up. The police have:
  29. Whether excessive force was used by police in making an arrest would be analyzed under the Fourth Amendment’s _______ standard.
  30. John Buff picks a fight with James Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head on a rock and dies. James is arrested and charged with the murder of John. At trial James argues that John attacked him and that he was just defending himself. This is referred to as:
  31. Which reason explains why use of deadly force is currently forbidden in the defense of property?
  32. John Buff picks a fight with James Smalls. John begins to punch James in the face over and over again for no reason at all. James tries to fight back and in doing so he knocks John down on the ground where John hits his head on a rock and dies. James is arrested and charged with the murder of John. During the above altercation, a passerby jumped in to help out James because he could easily see that John was creating a ton of damage to his face with his punches. The assistance by the passerby is referred to as:
  33. The “choice of evils” defense is also known as the ______ defense.
  34. Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the store owner. At his trial, Johnny claims that he was compelled to commit the robbery by Bill and John, who threatened to assault Johnny’s sister if Johnny didn’t bring them illegal booze. A government witness testifies that she and Mary murdered Bob. In exchange for the testimony, the witness is assured that she will not be prosecuted for the murder; this is an example of ____ immunity.
  35. If the defendant has a reasonable alternative, and harm is not imminent, the defendant may:
  36. The doctrine that allows the federal and a state government to file separate criminal actions for the same criminal act is called:
  37. If Bill and John had threatened Johnny, rather than Johnny’s sister, then Johnny could claim the ______ defense.
  38. Double jeopardy applies:
  39. A mistake of fact can be a defense if it:
  40. Double jeopardy prohibits a person from being tried:
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