Liberty CJUS 400 Test 1 Answers
1. The Latin maxim nulla poena sine lege, also known as the principle of legality, requires that
2. A person might commit a crime for any of the following reasons except?
3. After the American Revolution, the source of much of the statutory crimes in this country came from
4. The first and earliest source of criminal laws was
5. All of the following are constitutional limitations on criminal laws except?
6. A tort is
7. What is the name of the inherent power of every state and local government, subject to constitutional limits, to enact criminal laws?
8. Thinking of committing a crime without performing a criminal act is
9. The maxim “ignorance of the law is no excuse” is applicable
10. Most crimes require the concurrence of which of the following?
11. The cause, inducement, or reason why an act is committed is called:
12. What must occur before a presumption can be rejected by a judge or jury? Presumptions fall into two categories, they are
13. If a statute requires knowledge about a certain fact, then the prosecution must be able to __ that knowledge.
14. 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 could be arrested for
15. Subjecting the accused to a tortuous ordeal is referred to as
16. What is the name of the test which focuses on the product-of-mental illness?
17. Under which of the following circumstances do states permit the insanity defense with voluntary intoxication or drug use?
18. In some states there is a _____ presumption that children between the ages of 7 and 14 have the capacity to commit a crime.
19. Which of the following are factors to consider when determining criminal capacity for children?
20. A verdict of not guilty by reason of insanity results in
21. States with the “guilty but mentally ill” verdict
22. A defendant who is found not guilty by reason of insanity is almost always
23. John “steroid arms” Buff picks a fight with James “no arms” 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 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
24. State laws and police regulations regarding the use of deadly force must conform to the requirements established by the U.S. Supreme Court in
25. When stopping a person for investigative purposes based upon “reasonable suspicion,” officers may use
26. Key points in determining the lawfulness of force used in selfdefense include all of the following except:
27. John “steroid arms” Buff picks a fight with James “no arms” 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 a rock and dies. James is arrested and charged with the murder of John. John was killed in the above altercation. What type of force was actually used?
28. A person assaulted in their home by a trespasser has no duty to retreat and may use necessary force based upon what doctrine?
29. Evidence of past abuse offered by women charged with violence against their abusers to show its psychological effects as part of their claims of selfdefense is called
30. To lawfully use deadly force in selfdefense, what kind of fear of imminent death or great bodily harm must exist?
31. Based on the Fourth Amendment, police officers may use deadly force when seizing a fleeing suspect
32. The two types of immunity which may be granted to a witness or suspect are
33. What other name is the “choice of evils” defense also known as?
34. The name of the test used to determine when a speedy trial violation has occurred is the
35. A defense to criminal prosecution based on the statute that sets the maximum the government has to prosecute a violation of a criminal law is called the
36. The doctrine that allows the federal and a state government to file separate criminal actions for the same criminal act is called
37. Double jeopardy does not bar successive prosecutions of a defendant convicted of one offense if the subsequent prosecution involves d.
38. The mistake of fact defense may not be used for which type of offense
39. The defense of entrapment has two elements:
40. The Latin maxim nulla poena sine lege means
41. Which of the following is not one of the four generally recognized goals of the criminal justice system?
42. The law of criminal procedure deals with –
43. The substantive criminal law –
44. Which of the following is true of the standards set by moral laws compared to those set by criminal laws?
45. An ex post facto law is basically a
46. The equal protection clause applies
47. An example of private law is
48. Which branch of the government administers and enforces criminal laws?
49. The due process clause is found in the _____ Amendment of the U.S. Constitution
50. A bill of attainder is
51. In a criminal trial, motive
52. The Latin term mens rea refers to
53. To obtain a conviction, the prosecution has the burden of proving every element of the crime
54. While the classification system suggested by the Model Penal Code distinguishes between each level of mental state, the distinction
55. Which of the following terms refers to an individual’s mental state?
56. Which of the following is seldom made an essential element that must be proved beyond a reasonable doubt in many crimes?
57. A defendant of questionable competency should not be tried for a criminal violation because
58. Which judicial concept requires that defendants be given the opportunity to participate in their defense?
59. The second prong requires
60. What is the name of the test which combines cognitive incapacity and moral incapacity?
61. How often is voluntary intoxication or drug use the basis for the successful assertion of the insanity defense?
62. Under which of the following circumstances do states permit the insanity defense with voluntary intoxication or drug use?
63. The standard for the defendant to prove insanity is
64. Whether excessive force was used by police in making an arrest will be analyzed under the Fourth Amendment and what standard?
65. The use of a Taser by the police is considered to be
66. As long as it is reasonable, a child may be disciplined by all of the following except
67. Force that is likely to cause or is capable of causing death or serious bodily injury is called
68. A police officer may use non-deadly force in all of the following situations except
69. Non-deadly force is permitted when – using public property, such as a park –
70. The use of force is not permissible under which condition?
71. In most states, duress is not a defense to
72. Under ____ immunity, statements made by the witness may not be used in subsequent prosecutions.
73. The protection against double jeopardy is found in the _____ Amendment.
74. A defense based on unacceptable government persuasion even though the defendant admittedly chose to commit the crime is known as
75. A person who forces another to commit a crime may be charged with
76. Double jeopardy applies
77. when the trials are for the same oﬀense in the same court
78. In the early 1600s, most colonists in North America
79. Crime that is created by government administrative agencies under specific authority or guidelines granted to it by legislative bodies is called
80. help victims harmed by crime
81. The _____ Amendment of the U.S. Constitution provides that “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
82. The mental purpose or design to commit a specific act is called:
83. Which of the following crimes require specific intent?
84. Strict liability statutes
85. For crimes in which a harm has occurred, the state must prove
86. To find a defendant guilty of the crime of receiving stolen property, most states
87. Courts generally have held that partial amnesia
88. The common law established the lowest age of criminal responsibility at age
89. Which of the following may be the basis for finding a person incompetent to stand trial?
90. The age selected by the jurisdiction as the minimum age for a child’s criminal responsibility creates a conclusive presumption that
91. A rebuttable presumption means the presumption
92. Who may not use deadly force when faced with the threat of death or serious bodily harm to the officer or another?
93. Which rule does not put a limit on the use of deadly force by the occupant?
94. State laws or regulations stating how and when police officers may use force must also comply with the
95. What doctrine states that a person in his home is justified in using reasonable force, including deadly force, in response to an assault in their home?
96. The Florida “stand your ground” law creates a presumption that a homeowner has a reasonable fear of imminent peril or death whenever another person unlawfully and
97. When an uncooperative driver refuses to submit to a breath or urine test police have begun
98. The doctrine that prevents a second determination of a charge or issue once it has been judicially determined in a case involving the same parties is called
99. A mistake of fact can be a defense if it
100. The right to a speedy trial commences when a person
101. In the case of escape from prison or jail, duress or coercion
102. The burden of proof for an aﬃrmative defense rests upon the
103. A(n) _____ is any defense that assumes the charges to be correct but raises other facts that present a valid excuse.
104. Which of the following is not one of the factors used to determine when a speedy trial violation has occurred?
105. In a jury trial, jeopardy attaches once
106. An unnecessarily broadly written law the invades the area of protected freedoms would be deemed unconstitutional on what grounds?
107. The Latin maxim nulla poena sine lege is also known as:
108. The equal protection clause of the Fourteenth Amendment requires that
109. All of the following are constitutional limitations on criminal laws except?
110. If a person intentionally damages a building owned by another person, this action
111. A situation where one cannot be found guilty of possession of stolen goods if they did not know they were stolen is an example of
112. The offense of carrying an unauthorized concealed weapon requires a showing of
113. Motive can be important evidence in determining:
114. The forbidden act (or failure to act) is called the
115. The intent necessary for one or more elements of an offense is:
116. In what recent case did the U. S. Supreme Court hold that a mentally retarded person could not be subject to the death penalty?
117. In most states the defendant’s voluntary intoxication or drug use may serve as the basis for a claim –
118. For a crime to be attributable to a corporation, the person must
119. Due process is only possible if the defendant is
120. At what age do most states infer that individuals are competent and capable of committing a crime?
121. The castle doctrine states that people who have been assaulted in their homes by a trespasser have no duty to retreat or flee but may stand their ground and use such force as is necessary and
122. In states that have adopted “make my day” rules, the occupant of a dwelling
123. Many grants of immunity come after a witness asserts their _____ Amendment privilege against selfincrimination.
124. The “separate offense” rule states that where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision
125. Double jeopardy prohibits a person from
126. In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a party to the crime is called
127. The difference between a frameup and a setup is that in a setup the person doing the setup is
128. While the legislature is in session or legislators are traveling to the legislature, both the U.S. and most state constitutions provide immunity from