Walsh Ch.5 Exam Questions True False Crime And Criminal Law - Chapter Test Bank | Law & Society 4e Walsh by Anthony Walsh. DOCX document preview.
CHAPTER 5
TRUE/FALSE QUESTIONS
1. Criminal law is sometimes referred to as substantive law.
2. Criminal law is an informal means of social control.
3. Treason is the only crime specifically mentioned in the U.S. Constitution.
4. Much of statutory criminal law was derived from common law crimes.
5. A statute is overbroad when it fails to narrowly define the specific behavior to be restricted.
6. Bills of attainder are laws passed after an event, criminalizing that conduct.
7. Ex post facto laws are laws that impose punishment without a trial.
8. The five elements of criminal liability comprise the body of the crime, referred to as the corpus delecti.
9. The criminal act is sometimes referred to as the mens rea.
10. Criminal acts include voluntary bodily movements, failures to act, and possession.
11. A failure to act creates liability only when a special relationship exists.
12. Criminal law generally requires both act and intent together, or concurrence.
13. The Model Penal Code sets forth three levels of intent.
14. Legal cause is sometimes referred to as proximate cause.
15. Strict-liability crimes impose criminal liability without proof of criminal intent.
16. Self-defense is considered an excuse defense.
17. An excuse defense is one in which the defendant admits that what he or she did was wrong but argues that, under the circumstances, he or she is not responsible.
18. Under the common law, assault and battery were separate offenses with different elements.
19. Early common law included force as an element in larceny.
- Public morality offenses are generally considered mala in se offenses.
- Criminal law is derived from a variety of sources, including state and federal constitutions, state and federal statutes, and common law.
- A statute is considered overbroad if it fails to clearly define both the act prohibited and the appropriate punishment in advance.
- Criminal statutes may restrict equal protection but not due process.
- Negligence is the unconscious creation of a risk of harm.
- Vicarious liability refers to the imputation of accountability from one person to another.
- Burglary is a type of inchoate crime.
- According to the common law parties to crime, principles in the first degree are present when the crime occurs but do not commit the act itself such as lookouts and getaway drivers.
- Entrapment occurs when the crime is the result of “the creative activity” of law enforcement, and the prosecutor cannot prove beyond a reasonable doubt that the defendant was “independently predisposed” to commit the crime.
- Under the felony murder rule, an individual may be held liable for an unintended killing that occurs during the commission of a dangerous felony.
- A taking of property accomplished by the threat of future harm to person, property, or reputation is extortion.