Crime And Criminal Law Test Questions & Answers Chapter 5

CHAPTER 5

CRIME AND CRIMINAL LAW

MULTIPLE CHOICE QUESTIONS

1. Substantive law is

a) the law of crimes.

b) the law of search and seizure.

c) due process.

d) none of the above.

2. An example of a formal means of social control is

a) folkways.

b) norms.

c) criminal law.

d) none of the above.

3. Offenses that are universally condemned and criminalized are considered

a) male prohibita.

b) mucho degrado.

c) in rem.

d) mala in se.

4. Much of the states’ criminal codes are derived originally from

a) common law crimes.

b) the U.S. Constitution.

c) state constitutions.

d) none of the above.

5. Legal limitations on the criminal law include all of the following except

a) overbreadth doctrine.

b) void for vagueness.

c) equal protection.

d) motive.

6. A bill of attainder

a) is a law passed after an event occurs.

b) imposes punishment without a trial.

c) is a retroactive punishment.

d) is permitted by the U.S. Constitution.

7. All of the following are forms of a criminal act except

a) voluntary bodily movements.

b) mens rea.

c) omission.

d) possession.

8. The elements of criminal liability include

a) actus reus, mens rea, and corpus delecti.

b) factual cause, legal cause, possession, and voluntariness.

c) actus reus, mens rea, concurrence, causation, and harm.

d) corpus delecti, corpus secondum, and corpus primarius.

9. All of the following are levels of intent except

a) purposeful.

b) knowing.

c) voluntary.

d) negligent.

10. Which form of intent applies to situations where a person intended to harm A but in error harmed B?

a) doctrine of transferred intent

b) accident

c) reckless

d) negligent

11. The “but for" cause is also referred to as

a) proximate cause.

b) legal cause.

c) actual cause.

d) factual cause.

12. Strict liability

a) imposes accountability without proof of criminal intent.

b) refers to the imputation of accountability from one person to another.

c) is premeditated.

d) refers to the concept of harsher punishments for more serious crimes.

13. An example of a justification defense is

a) duress.

b) intoxication.

c) self-defense.

d) none of the above.

14. All of the following are current legal tests for insanity except

a) McNaghten rule.

b) Durham test.

c) irresistible impulse test.

d) wild beast rule.

15. According to the Model Penal Code, there are three forms of criminal homicide:

a) justifiable homicide, excused homicide, and criminal homicide.

b) first-degree murder, second-degree murder, and manslaughter.

c) murder, manslaughter, and negligent homicide.

d) homicide, manslaughter, and execution.

16. Under the common law, a battery was defined as

a) unjustified, offensive physical contact.

b) threatened physical contact.

c) intentional physical contact.

d) all of the above.

17. The "marital rape exception" held that

a) only a woman could be the victim of rape.

b) a husband could not be charged with raping his wife.

c) a husband could be charged with raping his wife if they were separated.

d) only married women could be the victims of rape.

18. Burglary is a crime against

a) the home.

b) the person.

c) a public structure.

d) none of the above.

19. All of the following were elements of larceny under the common law except

a) the intent to permanently deprive.

b) breaking and entering.

c) the taking of personal property.

d) the carrying away of personal property.

20. The common crimes against property include all of the following except

a) burglary.

b) larceny.

c) arson.

d) robbery.

21. Which of the following is an inchoate crime?

a) burglary

b) statutory rape

c) homicide as self-defense

d) conspiracy to commit murder

22. All of the following are common law parties to crime except

a) principle in the first degree.

b) principle in the second degree.

c) principle in the third degree.

d) accessory before the fact.

23. Generally, actus reus can be fulfilled by

a) one’s status.

b) one’s thoughts.

c) a voluntary action.

d) omission of action whether there is a legal duty to act or not.

24. Which of the following is an example of an inchoate crime?

a) accomplice after the fact

b) soliciting others to commit a crime.

c) vicarious liability

d) misprison of a felony

25. ________ addresses the blameworthiness of the suspect, whereas ________ addresses the suspect’s legal responsibility for his/her actions.

a) Excused defense; justified defense

b) Justified defense; excused defense

c) Extrinsic defense; crime-specific defense

d) Crime-specific defense; extrinsic defense

26. The excuses to criminal liability include (i.e., which answer is an excuse defense?)

a) age.

b) self-defense.

c) necessity.

d) consent.

27. To satisfy the requirements of self-defense, the actor must have

a) reasonably believed that he or she was about to be seriously injured.

b) held a reasonable or unreasonable fear of deadly harm.

c) used deadly force.

d) retreated from his home if the threat was in the home.

28. Who can use the execution of public duties defense?

a) executioner beating his wife to death

b) executioner killing an inmate who he believes has done him wrong

c) police officer shooting and killing a fleeing felon with reason to know that the felon is not dangerous

d) a police officer who is working undercover as a drug dealer

29. Regarding the criminal liability of persons under the age of seven, common law maintained that

a) they were incompetent.

b) they can be held legally liable but treated more leniently.

c) they can be held liable, but they may not be sentenced to death.

d) they can be held responsible only if they have adult-level IQs.

30. A GBMI (guilty but mentally ill) verdict

a) maintains the defendant’s criminal liability but mandates psychiatric treatment.

b) excuses the defendant’s criminal liability but mandates psychiatric treatment.

c) maintains the defendant’s criminal liability and encourages incarceration.

d) excuses the defendant’s criminal liability but encourages shock incarceration.