Directions: For questions 1-100, multiple choice and True/False, please highlight or otherwise mark your answer. For questions 101-105, the essays, answer on a separate sheet of paper, numbering your answers. You must answer all five essays in paragraph form.
criminal_law_assignment.docx
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Directions: For questions 1-100, multiple choice and True/False, please highlight or otherwise
mark your answer. For questions 101-105, the essays, answer on a separate sheet of paper,
numbering your answers. You must answer all five essays in paragraph form.
Each correct multiple choice and T/F is worth half a point and each essay is worth up to10 points
each. The extra credit, if you choose to answer it, will be worth up to 5 extra points.
1.
Simple departures from the essential Miranda information will not render a confession inadmissible
in a criminal trial.
a.
True
b.
False
2.
One way double jeopardy occurs is when, for the same offense, a person is reprosecuted after
acquittal.
a.
True
b.
False
3.
Although the Constitution and the court decisions from it reign supreme in criminal procedure,
statutes also play an important role.
a.
True
b.
False
4.
Which is an out-of-court statement offered as evidence for the truth of the matter asserted?
a.
Hearsay
b.
Testimonial evidence
c.
Bootstrapping
d.
None of the above
5.
In regards to kidnapping, statutes require a specific distance requirement.
a.
True
b.
False
6.
An arrest warrant is an order issued by a judge directing a law enforcement officer to search a
particular location for evidence connected with a specific criminal offense.
a.
True
b.
False
7.
This term means “guilty mind” and is a critical component of criminal liability.
a.
Stare decisis
b.
Actus reus
c.
Mens rea
d.
Concurrence
8.
Which term refers to when corporations are given an opportunity to “correct their ways” before
criminal law is used?
a.
Adjudication
b.
Probation
c.
Deferred prosecution agreement
d.
None of the above
9.
All of the following are important sources of rights EXCEPT:
a.
Court decisions
b.
Law journals
c.
Statutes
d.
Constitution
10.
A(n) __________ is the act of taking an individual into custody for the purpose of charging the
person with a criminal offense.
a.
Citation
b.
Arrest
c.
Indictment
d.
Arraignment
11.
The three distinct elements for manslaughter include: (1) sudden heat of passion, (2) adequate
provocation, and (3) causation.
a.
True
b.
False
12.
The defendant’s competence to stand trial is usually considered at the time of trial.
a.
True
b.
False
13.
According to Joshua Dressler, all of the following are means by which assistance is typically
provided, EXCEPT:
a.
Assistance by psychological influence
b.
Assistance by physical conduct
c.
Assistance by omission
d.
All of the above are means
14.
The burden of proof in a criminal prosecution falls on the government to prove that a person
committed a crime.
a.
True
b.
False
15.
New Jersey does not punish incest if it occurs between relatives over the age of 18.
a.
True
b.
False
16.
In a justification defense, the defendant accepts responsibility for the act they are charged with, but
argues that the act was permissible under the circumstances.
a.
True
b.
False
17.
An intoxication defense does not distinguish between alcohol and drugs.
a.
True
b.
False
18.
The claim of self-defense was first recognized under common law.
a.
True
b.
False
19.
What method of obtaining a guilty plea is the most common method of securing a conviction?
a.
Statutory inducement
b.
ad hoc plea bargaining
c.
Plea-bargaining
d.
Prosecutorial inducement
20.
This exception to the exclusionary rule provides that when an honest mistake is made during the
course of a search or seizure, any subsequently obtained evidence will be considered admissible.
a.
Silver platter doctrine
b.
Impeachment doctrine
c.
Good faith exception
d.
Plain view doctrine
21.
These are types of crime that do not require mens rea or criminal intent:
a.
Strict liability
b.
Concurrence
c.
Misdemeanors
d.
General intent
22.
All of the following are common law elements to burglary EXCEPT:
a.
Could occur during the day or night
b.
Breaking and entering
c.
The home of another person
d.
Intent to commit a felony
23.
According to the law, people who are below a certain age threshold cannot form the requisite intent
to be convicted of a crime.
a.
True
b.
False
24.
Which term refers to the unlawful taking and carrying away of another person with the intent to
deprive that person of their liberty?
a.
Asportation
b.
False imprisonment
c.
Theft
d.
Kidnapping
25.
This part of the “search incident to arrest exception” to the Fourth Amendment’s warrant
requirement, known as __________, allows officers to search not only the suspect incident to
arrest, but also his or her “grabbing area.”
a.
Armspan rule
b.
Exigent circumstances
c.
Hot pursuit
d.
The plain view doctrine
26.
Which exception to the fruit of the poisonous doctrine permits the introduction of evidence if it has
arrived from a party disconnected from the case at hand?
a.
Independent source
b.
Exigent circumstances
c.
Purged taint
d.
Inevitable discovery
27.
Which is the appeal that is automatically granted to the defendant by law and must be heard by an
appellate court?
a.
Direct appeal
b.
Discretionary appeal
c.
Indirect appeal
d.
None of the above
28.
Confessions and admissions are protected primarily by the Fifth Amendment.
a.
True
b.
False
29.
Many police departments require that each suspect complete a __________waiver before
interrogation commences.
a.
Miranda
b.
Gideon
c.
Fields
d.
Butler
30.
When witnesses appear before grand juries, they do not have the Fifth Amendment’s privilege
against self-incrimination.
a.
True
b.
False
31.
Malice is the intent to commit a wrongful act without a legitimate cause or excuse.
a.
True
b.
False
32.
Which crime refers to the intentional damaging of property or destroying property?
a.
Arson
b.
Vandalism
c.
Burglary
d.
Criminal mischief
33.
The insanity defense is distinct from ______________________ to stand trial.
a.
Ability
b.
Excuse
c.
Justification
d.
Competency
34.
Evidence inside a person, or evidence that someone seeks or attempts to destroy, is known as
__________ evidence.
a.
Enduring
b.
Transitory
c.
Evanescent
d.
Permanent
35.
All of the following amendments are important to criminal procedure EXCEPT:
a.
First
b.
Fourth
c.
Sixth
d.
Eighth
36.
Which type of crime is punishable by a fine or a period of incarceration for less than 12 months?
a.
Property crime
b.
Misdemeanor
c.
Violent crime
d.
Felony
37.
In this U.S. Supreme Court case, the court ruled that the exclusionary rule applies to states.
a.
Elkins v U.S.
b.
Terry v. Ohio
c.
Weeks v. U.S.
d.
Mapp v. Ohio
38.
The showing of probable cause in an arrest warrant is not particularly complex.
a.
True
b.
False
39.
The law developed in early England by judges who wrote down their decisions and circulated them
to other judges is:
a.
Case law
b.
Special law
c.
Common law
d.
Constitutional law
40.
Aiding in the commission of a crime satisfies the actus reus component for accomplice liability.
a.
True
b.
False
41.
A superficial examination by an officer of a person’s body surface or clothing to discover weapons
or items that could be used to cause harm is known as a:
a.
Scope
b.
Stop
c.
Frisk
d.
Manner
42.
What is the first method of confrontation allowed during a trial?
a.
The right of the defendant to appear at his or her own trial.
b.
The right of the judge to appear in the trial.
c.
The right of the attorneys to appear in the trial.
d.
None of the above
43.
The common law definition of _______________________ is the killing of a human being by
another human being.
a.
Homicide
b.
Manslaughter
c.
Murder
d.
None of the above
44.
The __________ is an exception to the Fourth Amendment’s warrant requirement that permits
police to seize certain items in plain view.
a.
Plan view doctrine
b.
Automobile exception
c.
Armspan rule
d.
Exigent circumstances rule
45.
Modern burglary statutes retain most of the common law elements, but the nighttime requirement
has been largely abandoned.
a.
True
b.
False
46.
Mere presence at a crime scene is enough to satisfy psychological influence in regards to
accomplice liability.
a.
True
b.
False
47.
Which term refers to the purposeful termination of life by someone other than the patient?
a.
Physician-assisted suicide
b.
Suicide
c.
Euthanasia
d.
None of the above
48.
Which term relates to the defendant serving time for multiple offenses at once?
a.
Concurrent sentence
b.
Consecutive sentence
c.
Progressive sentence
d.
Parallel sentence
49.
When the arrest is not lawful, any search that follows is unlawful.
a.
True
b.
False
50.
___________________________ is the only crime defined in the U.S. Constitution.
a.
Treason
b.
Murder
c.
Sabotage
d.
Sedition
51.
Consent to search may be valid even if the consenting party is unaware of the fact that he or she
can refuse consent
a.
True
b.
False
52.
The exclusionary rule is a court-created rule requiring that evidence obtained in violation of the U.S.
Constitution cannot be used in a criminal trial to prove guilt.
a.
True
b.
False
53.
Because an attempt is not a completed crime, it is easier to prove mens rea.
a.
True
b.
False
54.
Of the defenses, this is the only one that calls into question law enforcement’s role in the instigation
of the crime.
a.
Necessity
b.
Duress
c.
Excuse
d.
Entrapment
55.
A brief nonconsensual encounter between a law enforcement officer and a citizen that does not rise
to the level of an arrest is known as a:
a.
Scope
b.
Stop
c.
Frisk
d.
Manner
56.
According to this “test” for satisfying the actus reus of attempt, the focus is one whether the
defendant has control of everything they need to complete the crime.
a.
Dangerous proximity test
b.
Indispensable element test
c.
Probable desistance test
d.
Physical proximity test
57.
According to the text, state constitutions can be more __________________ than the U.S.
Constitution.
a.
Restrictive
b.
In-depth
c.
Relaxed
d.
Accommodating
58.
Which is an excuse defense applicable when the defendant is forced to commit a crime by threat or
force?
a.
Necessity
b.
Excuse
c.
Duress
d.
Self-defense
59.
The showing of probable cause is the same for an arrest warrant as for a search warrant.
a.
True
b.
False
60.
The term juvenile waiver refers to trying juveniles as adults.
a.
True
b.
False
61.
This exception to the exclusionary rule provides that evidence considered inadmissible at one trial
can be used in a later trial to impeach the defendant.
a.
Silver platter doctrine
b.
Impeachment doctrine
c.
Good faith exception
d.
Plain view doctrine
62.
Probable cause is always required in all of the following scenarios EXCEPT:
a.
Arrests with warrants
b.
Arrests without warrants
c.
Searches and seizures of property with warrants
d.
Probable cause is required in all of the above
63.
This exception to the fruit of the poisonous tree doctrine permits the introduction of evidence if it
has become attenuated to the extent that it dissipated the taint of the initial unconstitutional act.
a.
Independent source
b.
Exigent circumstances
c.
Purged taint
d.
Inevitable discovery
64.
Which Amendment to the U.S. Constitution prohibits cruel and unusual punishment?
a.
6th
b.
5th
c.
8th
d.
4th
65.
It would be nearly impossible to claim self-defense to this crime.
a.
Murder
b.
Rape
c.
Burglary
d.
None of the above
66.
__________ is an identification procedure in which the suspect is placed alongside several other
people who resemble him or her.
a.
suggestive lineup
b.
double-blind lineup
c.
showup
d.
lineup
67.
An arrest can be made without knowledge of the suspect’s name.
a.
True
b.
False
68.
Which refers to the discretion of the juvenile court judge to waive jurisdiction over a criminal case
so that the minor can be treated as an adult?
a.
Legislative exclusion
b.
Presumptive waiver
c.
Discretionary waiver
d.
Mandatory waiver
69.
Which crime refers to the threat or an attempt of bodily harm to another person without physical
contact?
a.
Battery
b.
Aggravated battery
c.
Assault
d.
Aggravated assault
70.
Suspects can be forced to participate in lineups.
a.
True
b.
False
71.
Which crime is defined as assault, battery, or other abusive conduct committed against a family
member or intimate partner?
a.
Child abuse
b.
Domestic violence
c.
Sexual battery
d.
Assault
72.
Which is one of the typical reasons the defense would argue against joinder?
a.
The jury may place too much emphasis on the age of the suspect.
b.
The jury will view all the evidence against the accused in a cumulative, rather than separate,
fashion.
c.
The jury will ignore personal issues forcing the suspect to commit the crimes.
d.
The jury will consider the criminal acts for which the accused is charged separately.
73.
Grand jury proceedings are open to the public.
a.
True
b.
False
74.
Which of the following crimes does not have a clear jurisdictional boundary?
a.
Rape
b.
Homicide
c.
Computer crimes
d.
Robbery
75.
All of the following are one of the basic elements to criminal liability EXCEPT:
a.
Stare decisis
b.
Actus reus
c.
Mens rea
d.
Concurrence
76.
Which serious crime requires that the offense be committed, “while armed with a dangerous
weapon”?
a.
Theft
b.
Robbery
c.
Burglary
d.
Armed robbery
77.
If a victim suffers serious bodily injury, the crime is more likely to be aggravated assault.
a.
True
b.
False
78.
Which Amendment to the U.S. Constitution established the equal protection clause?
a.
10th
b.
6th
c.
5th
d.
14th
79.
If the defendant moves to withdraw his or her plea and is denied this request, then what procedure
is appropriate?
a.
Removing the judge for cause
b.
A change of venue
c.
Sequestering the jury
d.
An appeal
80.
Why is plea-bargaining widely accepted across the United States?
a.
It primarily benefits the judge
b.
It primarily benefits the prosecutor
c.
It primarily benefits the defense attorney
d.
It benefits the judge, prosecutor, defense attorney, defendant and the court
81.
Which term refers to the unlawful detention or restraint of another person?
a.
Asportation
b.
False imprisonment
c.
Theft
d.
Kidnapping
82.
What is the term for a system of government wherein power is constitutionally divided between a
central governing body and various constituent units?
a.
Confederation
b.
Socialism
c.
Federalism
d.
None of the above
83.
This occurs when a person entices, advises, incites, orders, or otherwise encourages someone
else to commit a crime.
a.
Attempt
b.
Solicitation
c.
Accessory
d.
Conspiracy
84.
An accessory after the fact is someone who helps the principal after the criminal event takes place.
a.
True
b.
False
85.
Which of the following refers to the prosecutor generally having the authority to decide whether or
not to proceed with charges?
a.
Judicial discretion
b.
Defense discretion
c.
Pre-trial action
d.
Prosecutorial discretion
86.
Which is a method of challenging the constitutionality of one’s confinement?
a.
Habeas corpus
b.
Corpus delecti
c.
Haetis corpus
d.
None of the above
87.
The particularity requirement for a search warrant includes that the warrant must specify the place
to be searched and the warrant must specify:
a.
The items to be seized.
b.
The name of the suspect
c.
A specific description of the suspect
d.
All of the above
88.
Which crime consists of taking property from another with threats of future harm?
a.
Embezzlement
b.
Extortion
c.
Robbery
d.
Burglary
89.
A __________ is a lineup procedure in which neither the witness nor the investigator staging the
lineup knows who the suspect is.
a.
suggestive lineup
b.
double-blind lineup
c.
lineup
d.
virtual officer lineup
90.
Which crime is the material altering of documents with the intent to defraud?
a.
Extortion
b.
Forgery
c.
Uttering
d.
False Pretenses
91.
Miranda rights apply whenever the police begin to question a person.
a.
True
b.
False
92.
If the people engaged in questioning cannot be considered government actors, then Fifth
Amendment protections do not apply.
a.
True
b.
False
93.
A person is entitled to use ________________ force to protect their possession of property.
a.
Violent
b.
Nondeadly
c.
Deadly
d.
None of the above
94.
DUI laws are almost always of the ___________________ variety.
a.
Strict liability
b.
Deferred liability
c.
General liability
d.
Intent liability
95.
Property invasion crimes occur when the offender enters the private property of another individual.
a.
True
b.
False
96.
Which type of defense results in the acquittal of the defendant?
a.
Self defense
b.
Perfect defense
c.
Excuse defenses
d.
Imperfect defense
97.
Which refers to a defense formally raised by the defendant that requires the production of
evidence?
a.
Justification
b.
Nonexculpatory defenses
c.
Excuse defenses
d.
Affirmative defense
98.
Which is type of large-scale conspiracy in which individuals at one end of the conspiracy are not
aware of the individuals at the other end?
a.
Bootstrapping
b.
Chain conspiracy
c.
Spoke and wheel conspiracy
d.
Large scale conspiracy
99.
The 5th Amendment to the U.S. Constitution states, in part, that no one can be compelled “to be a
witness against themselves.”
a.
True
b.
False
100. A defendant can waive his or her Sixth Amendment right to counsel and defend himself or herself.
a. True
b. False
ESSAYS: You must answer all five in paragraph form, 101-105. #106 is extra credit and not
required.
101. List and define the elements of self-defense.
102. Define the fruit of the poisonous tree doctrine. How did it come about?
103. Identify three types of exigent circumstances and explain how they operate as exceptions to the
warrant requirement.
104. Describe the processes a defendant must go through before his or her plea may be accepted by a
judge.
105. The victim is typically afforded little consideration during the plea-bargaining process. Explain the
impact plea-bargaining may have on the victim or victims.
106. EXTRA CREDIT:A reporter announces on the evening news that John Smith, who was charged
with murdering his wife and their young daughter, pleaded innocent to the charges. What, if
anything, is wrong with this statement?
…
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