Chapter 3: Criminal Justice and the Law

Test Bank

Multiple Choice

1. What is the oldest known legal code of civil and criminal law?

A. Magna Carta

B. Code of Hammurabi

C. Sharia

D. Great Qing Legal Code

2. Trial by fire, trial by hot iron, and trial by water are examples of ______.

A. trial by ordeal

B. trial by combat

C. bench trial

D. trial by jury

3. The Classical School refers to a theoretical paradigm that brought about new ways of thinking about laws and punishment that arose during (the) ______.

A. Age of Enlightenment

B. middle ages

C. late antiquity

D. Victorian era

4. ______ deterrence is directed toward individual offenders to discourage reoffending.

A. General

B. Social

C. Specific

D. Legal

5. Mandatory sentences like the three-strikes law in California are an example of ______.

A. utilitarianism

B. retribution

C. specific deterrence

D. general deterrence

6. Jeremy Bentham’s theory of punishment was based upon ______ or maximizing benefits for a majority of the population.

A. the categorical imperative

B. universalism

C. felicitous calculus

D. utilitarianism

7. In the Code of Hammurabi, it states that “If a son has struck his father, his hands shall be cut off.” If a son was punished with amputation for striking his father, and as a result decided not to strike his father again, this would be an example of ______.

A. societal deterrence

b. specific deterrence

c. moral deterrence

D. general deterrence

8. Which of the following illustrates the main difference between general deterrence and specific deterrence?

A. General deterrence is meant to deter all members of a society, while specific deterrence is directed toward individual behavior.

B. General deterrence applies to authority figures, while specific deterrence applies to common citizens.

C. General deterrence is meant to be retributive, while specific deterrence is meant to rehabilitate the offender.

D. General deterrence involves laws that maintain the social contract, while specific deterrence does not.

9. What criminal justice principle is influenced by Beccaria’s idea that people use logical cost-benefit analyses when deciding to commit or not commit crimes?

A. Laws should maintain the social contract.

B. Punishment should be based on the pleasure/pain principle.

C. Judges should not interpret the laws.

D. All people should be treated equally.

10. Which of the following is inspired by Beccaria’s premise that punishments should be proportional to the crime?

A. Legislators should create laws.

B. Judges should not interpret the laws.

C. Punishment should be based on the act, not the actor.

D. All people should be treated equally.

11. A local sheriff directs her or his deputies to write more tickets in response to several speeding-related deaths. She or he knows that some people may have a hard time paying their fines but believes that ticketing will reduce speeding and make the whole town safer. By focusing on the benefit to the majority of town residents, rather than the few who will be inconvenienced, she or he is applying the ______ doctrine.

A. specific deterrence

B. the rule of law

C. hedonistic calculus

D. utilitarianism

12. ______ is the fundamental principle in the criminal justice system that sets boundaries for the government to establish clear, stable, and fair rules and to protect fundamental rights.

A. Judicial review

B. The rule of law

C. Separation of powers

D. Judicial activism

13. ______ is a sentencing goal that aims to protect the public by removing the offender from society.

A. Retribution

B. Rehabilitation

C. Restitution

D. Incapacitation

14. ______ is a sentencing goal that aims to reduce crime by treating the offender via educational programs, drug and alcohol programs, and other treatments.

A. Retribution

B. Rehabilitation

C. Restitution

D. Incapacitation

15. In the Murphy v. NCAA (2018) decision, the U.S. Supreme Court found that the federal government’s law prohibiting state-sanctioned sports gambling was unconstitutional because it violated the 10th Amendment, which says that any powers not expressly mentioned in the constitution belong to the states. What principle does this case illustrate?

A. utilitarianism

B. common law

C. federalism

D. retribution

16. A state legislature passes a law that any person convicted of theft must repay their victim for the full amount that was stolen. What concept best describes the goal of this law?

A. rehabilitation

B. deterrence

C. utilitarianism

D. restitution

17. Leandro Andrade was a drug addict in California who had spent time in prison for several crimes. In 1995, he stole $153 worth of videotapes from a Kmart. This crime was his third felony, and under California’s harsh “three-strikes” law, he was automatically incarcerated for 25 years to life. What was the goal of the “three-strikes” law?

A. retribution

b. restitution

C. incapacitation

D. rehabilitation

18. In 2017, the United Kingdom published a report about programs aimed at reducing the rate of reoffending. One program offered academic and vocational training in prisons to improve employment opportunities for inmates after their release. What concept best describes the goal of training programs that are mandated by law?

A. rehabilitation

B. deterrence

C. incapacitation

D. retribution

19. The origin of the U.S. legal tradition is ______.

A. English common law

B. Roman law

C. canon law

D. procedural law

20. Historian and French diplomat Alexis de Tocqueville argued that the use of cash bail for the accused in the American criminal justice system was unjust. The poor, not being able to make bail, would be incarcerated, while the wealthy person “. . . easily evades the punishment awaiting him: after providing bail, he disappears.” This illustrates the fact that ______ was developed for the privileged and wealthy, not for the “common man.”

A. civil law

B. case law

c. constitutional law

D. common law

21. ______ provides a template for governmental powers, civil rights, and civil liberties.

A. Common law

B. Constitutional law

C. Administrative law

D. Civil law

22. The legal principle of ______ means that judges must respect precedents set in prior cases.

A. lex talionis

B. certiorari

C. stare decisis

D. sui generis

23. A plaintiff is awarded money in a personal injury case to cover hospital bills and lost wages. This is an example of ______.

A. punitive damages

B. compensatory damages

C. strict liability

D. an injunction

24. Compliance with Occupational Safety and Health Administration (OSHA) regulations falls under ______ law.

A. administrative

B. civil

C. corporate

D. criminal

25. A teenager was stopped by police for having a broken headlight. The police proceeded to search his vehicle and found marijuana, so they arrested him. However, the judge dismissed the charges because she decided that the police did not have sufficient cause to search the car. The judge’s ruling was guided by ______.

A. substantive law

B. procedural law

C. common law

D. federal law

26. A state passes a law that legalizes heroin for recreational purposes. Opponents of the law claim that the state law is unconstitutional because it conflicts with federal law. The court ruled that the law was unconstitutional because federal law is the “supreme law of the land.” What doctrine does this ruling illustrate?

A. constitutional doctrine

B. procedural doctrine

C. preemption doctrine

D. M’Naghten doctrine

27. What is another term for previous court decisions that judges use to establish case law?

A. ordinances

B. statutes

C. preemptive laws

D. precedent

28. In Brown v. Board of Education (1954), the U.S. Supreme Court unanimously declared segregation in public schools unconstitutional. This decision overturned Plessy v. Ferguson (1896) and established new case law that was instrumental in ending legal segregation in the United States. As a result, Brown v. Board of Education is considered to be a ______ case.

A. criminal

B. ordinance

C. landmark

D. class action

29. What type of law is based on previous court decisions?

A. case law

B. civil law

C. statutory law

D. ordinance law

30. Grimshaw v. Ford Motor Company (1978) was a civil case involving a young woman and her passenger who were injured and killed in a fiery car accident caused by the defective design of the Ford Pinto. The jury awarded $125 million in damages to punish Ford, and $3.5 million for the victims and their families to compensate them for their loss. What type of damages were awarded to the victims and their families?

A. punitive damages

B. compensatory damages

C. injury damages

D. class action damages

31. In 2012, the shoe company Sketchers USA agreed to pay $40 million to settle a lawsuit claiming that they deceived their customers by falsely claiming their “Shape-Up” brand shoes helped users lose weight. Consumers who purchased “Shape-Up” shoes got letters in the mail letting them know they were eligible for a portion of the settlement, even though they were not personally involved in the lawsuit. This is an example of a ______.

A. punitive lawsuit

B. small claims lawsuit

C. class action lawsuit

D. criminal liability lawsuit

32. Which of the following illustrates a contrast between statutes and ordinances?

A. Ordinances involve white-collar crime, while statutes involve conventional crime.

B. Ordinances require a lower burden of proof as compared to statutes.

C. Ordinances only involve civil law, while statutes only involve criminal law.

D. Ordinances deal with local matters, whereas statutes involve issues that impact the entire state or country.

33. Jolene is a landlord. Her former tenant, Rob, moved out after causing $500 worth of damage to the apartment. What can Jolene do to get reimbursed for the damages?

A. Jolene can take Rob to small claims court.

B. Jolene can bring a class action lawsuit against Rob.

C. Jolene can lodge a complaint with the Occupational Health and Safety Administration.

D. Jolene can have Rob arrested for violating procedural law.

34. What is the source of procedural law involving arrests, warrants, searches and seizures, and trials?

A. administrative law

B. the Bill of Rights

C. Articles 1, 2, and 3 in the Constitution

D. common law

35. ______ is the area of law involved when prosecutors examine a crime in order to determine whether they should charge the perpetrator with first-degree murder, second-degree murder, or manslaughter.

A. Procedural law

B. Constitutional law

C. Substantive law

D. Civil law

36. In 2018, Attorney General Sessions reversed the Obama administration policy regarding state laws legalizing marijuana. He announced that the Department of Justice would begin to enforce conflicting federal laws which consider marijuana illegal. What statement explains how laws would be invalidated under the preemption doctrine?

A. The Supreme Court must interpret the constitutionality of this case.

B. State laws decriminalizing marijuana would override federal laws.

C. State laws legalizing medical marijuana would preempt federal laws, but recreational marijuana laws would be considered invalid.

D. Federal laws prohibiting marijuana would override any state laws.

37. ______ are civil cases involving a large number of victims.

A. Arbitrations

B. Class action lawsuits

C. Administrative cases

D. Public interest lawsuits

38. Mens rea refers to ______.

A. “guilty act” to indicate the physical act of the crime

B. “guilty mind” to show criminal intent

C. the motive for the crime

D. the external factors surrounding the criminal case

39. ______ requires that the guilty act and the guilty mind occurred simultaneously to establish a crime.

A. Premeditation

B. Attendant circumstances

C. Causation

D. Concurrence

40. The elements of a crime must be proven ______ in order to convict the accused.

A. by clear and convincing evidence

B. by a preponderance of the evidence

C. beyond a reasonable doubt

D. beyond a shadow of a doubt

41. In most cases, a misdemeanor is punished by ______.

A. less than a year in jail

B. a year or more in jail

C. a year or more in prison

D. life in prison

42. ______ are felony crimes that may be reduced to a misdemeanor.

A. Offenses

B. Violations

C. Infractions

D. Wobblers

43. Lisa was arrested for stealing a pair of designer jeans. She had been arrested for shoplifting several times before, so when she was convicted, she was punished with 20 days in the local jail. What type of crime did she commit?

A. misdemeanor

b. wobbler

c. felony

D. mistake of fact

44. Serious crimes such as murder, rape, and robbery are classified as ______.

A. misdemeanors

B. felonies

C. wobblers

D. capital offenses

45. A(n) ______ defense claims that the defendant could not have committed the crime for which he or she was charged, because they have proof that they could not have been at the crime scene at the time of the crime.

A. double jeopardy

B. entrapment

C. automatism

D. alibi

46. Even if new evidence was discovered, former NFL star O. J. Simpson could not be retried for the murders of Nicole Brown Simpson and Ron Goldman under the ______ defense.

A. double jeopardy

B. entrapment

C. ex post facto

D. alibi

47. ______ occurs when a law enforcement officer convinces someone to commit a crime that he or she would not otherwise have committed.

A. Duress

B. Consent

C. Entrapment

D. Mistake of fact

48. A group of hikers break into a cabin to escape a blizzard. While they are in there, they build a fire and consume some of the owner’s emergency provisions until help arrives. If the cabin owner chose to press charges for breaking and entering and theft, which defense might they use?

A. self-defense

B. necessity

C. restraint

D. duress

49. The ______ for establishing insanity is also called the “right–wrong” test.

A. M’Naghten standard

B. Durham test

C. Brawner rule

D. irresistible impulse test

50. A defendant who can distinguish right from wrong, but who is still unable to control his actions because of a mental disease would use the ______.

A. M’Naghten standard

B. Durham test

C. Brawner rule

D. irresistible impulse test

51. Public opposition to the insanity defense resulted in ______.

A. many states limiting the insanity defense to nonviolent crimes

B. most states abolishing the insanity defense altogether

C. most states restricting the insanity defense to physiological disorders such as brain injury

D. many states adopting the option of a “guilty but mentally ill” verdict

52. You get a speeding ticket for going 55 mph in a 35-mph zone. In traffic court, you contest the ticket by arguing that you were unaware of the new speed limit. You present evidence that the speed limit had been changed recently, the change had not been widely published, and there was not a new speed limit sign alerting the public to the change. The legal defense you are using is called ______.

A. mistake of law

B. alibi

c. ignorance of the law

D. necessity

53. Andrea Yates was a young mother of five children and a diagnosed schizophrenic. She drowned her children in the bathtub in order to help them get into heaven. She was ultimately ruled “not guilty by reason of insanity” because jurors believed that her mental disease was the main cause of her behavior. Which of the following legal tests does this illustrate?

A. M’Naghten standard

B. Durham test

c. Brawner rule

D. irresistible impulse test

54. In 2010, Toyota issued a recall because several models of cars had a problem with unintended acceleration. Without warning, the car would accelerate uncontrollably, which led to the deaths of at least 89 people. If an individual claimed that unintended acceleration caused them to run over and kill several people, they would be using the ______ legal defense.

A. irresistible impulse test

B. necessity

c. restraint

D. duress

55. After suffering from years of abuse, a woman killed her husband. If you were her defense attorney, which legal defense could you use to excuse her criminal behavior?

A. intoxication

B. infancy

c. entrapment

D. battered women syndrome

56. Involuntary ______ is a legal defense in which the accused claims they were forced to consume alcohol or drugs, causing them to be so drunk or high that they were unable to form mens rea.

A. intoxication

B. automatism

c. consent

D. entrapment

57. Under the ______ for the insanity defense, jurors are required to determine whether the defendant had a mental disease or defect and whether the condition was the reason for the criminal behavior.

A. M’Naghten standard

B. Durham test

C. Brawner rule

D. irresistible impulse test

58. Gerald was asleep in bed when a person broke into his house. The robber threatened him at gunpoint, and Gerald genuinely believed his life was in imminent danger. He wrestled the robber for the gun, eventually killing him in the struggle. Gerald’s lawyer argued that killing the robber was justified by ______.

A. insanity

B. necessity

C. restraint

D. self-defense

59. A law that criminalizes conduct that was legal when it was committed is a(n) ______ law.

A. double jeopardy

B. habeas corpus

C. ex post facto

D. ipso facto

60. In order for child pornography to be considered a cybercrime, it must involve the use of ______.

A. a hacker

B. a video camera

C. a child

D. a computer

61. Phishing, pharming, and phlawing are all cybercrimes associated with ______.

A. phrauders

B. malgrammers

C. napster

D. closed circuit television camera (CCTV)

62. Which of the following is true of ex post facto laws?

A. They only apply to sex offenders.

B. They are unconstitutional at both the state and federal levels.

C. They do not apply to crimes committed before the laws were enacted.

D. They address the use of insanity as a legal defense.

63. The purpose of three-strikes laws is to incarcerate repeat offenders for long periods of time, removing them from the population so they cannot reoffend. This is called ______.

A. compensatory damages

B. rehabilitation

C. incapacitation

D. restitution

64. What is the purpose of the Victims’ Rights Amendment (VRA)?

A. Enable prosecutors to press charges for crimes when victims refuse to participate.

B. Help state and federal governments with rehabilitating offenders.

C. Prevent people from being victims of crime.

D. Support the fundamental rights of crime victims in the criminal justice system.

65. Why do proponents argue that legislation such as the Victims’ Rights Amendment is necessary?

A. It provides rights to victims, who have historically been ignored in state and federal laws.

B. It ensures that people convicted of violent crimes are punished harshly for their crimes.

C. It requires victims to press charges against perpetrators.

D. It ensures that informal common law principles are written into formal statutes.

1. Trials and punishments in early world history would be considered cruel and unusual by our standards.

2. General deterrence is directed toward individual offenders to stop reoffending.

3. According to Cesare Beccaria, effective punishments must be certain, swift, and proportional.

4. Classical theorists focused on biological and psychological causes of crime.

5. A basic principle of the rule of law is that the law should change frequently with the changing times.

6. Without the rule of law, government officials might become dictators and citizens may engage in acts that cause great harm.

7. Ordering offenders to pay fines to help compensate victims is an example of retribution.

8. The purpose of incapacitation is revenge.

9. Common law establishes the fundamental rules and relationships between the branches of government at the state and federal levels.

10. Substantive law designates what type of conduct is criminal.

11. Federal law typically usurps conflicting state laws.

12. Case law deals with disputes between individuals or organizations.

13. Punitive damages in civil law may act as a specific deterrent.

14. The elements of a crime may vary by state.

15. Under federal law, the difference between first-degree and second-degree murder is the element of premeditation.

16. Misdemeanors and felonies are distinguished by the seriousness of the crime.

17. Legal defenses based on an excuse must demonstrate that the accused lacked the capacity to form ex post facto.

18. The use of a duress defense requires the reasonable fear of death or serious bodily injury.

19. Young children are viewed as incapable of forming mens rea.

20. Historically, victims of crime had few rights in the criminal justice system.

1. Distinguish between the goals of general deterrence and specific deterrence.

2. Explain what is meant by the “rule of law” and describe the four principles associated with this concept.

3. Distinguish between procedural and substantive law.

4. Suppose that a state wants to apply the death penalty to juveniles who have been found guilty of first-degree murder. This has already been determined to be unconstitutional by the U.S. Supreme Court, but could the state do it anyway? Why or why not?

5. Summarize why it is difficult to pursue a civil case despite the lower burden of proof.

6. Describe the two basic elements of crime and explain why each element is important in order to convict an accused perpetrator.

7. A 6-year-old child finds a loaded handgun in her parents’ bedroom. While showing it to her brother, she shoots and kills him. What charge, if any, is she likely to receive? Is there a defense in criminal law? Why or why not?

8. Compare the standards used for establishing insanity.

9. Describe how legal standards have evolved in recent history.

10. Identify the basic rights and protections for victims of crime under the law.

1. Describe the three premises that formed the basis to Cesare Beccaria’s legal system reforms and explain how these premises were influenced by the Age of Enlightenment.

2. Explain how the law has been used to discriminate against minority groups.

3. Explain why a crime victim may seek compensation through civil law proceedings.

4. In 1994, a young single mother named Susan Smith claimed that a Black man stole her car with her two young sons inside. The case made national news, and Smith went on TV begging for the carjacker to return her sons unharmed. A month later, Smith confessed to police that she let her car roll into a nearby lake to kill her children for the purpose of rekindling a relationship with a man who said he did not want to date a woman with children. After the children drowned, she fabricated the carjacking story to mislead the police. Smith plead not guilty by reason of insanity. Based on what you know about the insanity defense do you think she was successful? Why or why not? Be sure to describe the relevant standards, tests, and rules and apply them to this case.

5. Explain why sex offender registries are not considered ex post facto laws.