Criminal law Final

All chapters i have done

The Model Penal Code is a comprehensive recodification of the principles of:

Criminal responsibility

An information, through which a felony is charged, is a piece of paper filed and signed by the prosecutor:

True

The American criminal law is refined and redefined by the:

U.S. Congress and state legislatures

Beginning in the 1960s and as refined in recent years, the U.S. Constitution requires that a defendant who is actually incarcerated in jail or prison is entitled to:

An attroney

Generally, the criminal law seeks to sanction only those persons who voluntarily commit an unlawful act (actus reus):

 Accompanied by the appropriate guilty mental state (mens rea) without involving an excuse or a justification

Most citizens in the United States understand that the concept of law consists of all of the following except:

The ability to impose statutes upon those who commit crimes against Americans anywhere

The criminal process most often begins with an:

arrest

The court preparation function of police involves testifying at hearings and trial and presenting the evidence in an effort to convict the perpetrator 

true

Criminal law is distinguished from all other law because:

Criminal law seeks to regulate acts that are contrary to the community  interest of the social or government unit

Which of the following is a basis for appeal of a criminal conviction on substantive grounds:

The jury was improperly instructed

in the 1972 case of ___ the U.S. supreme court examined the imposition of the death penalty in three cases and analyzed in detail the constitutional issues raised by capital punishment

Furman v. Georgia

the Eighth Amendment requirement of proportionality that the punishment inflicted for a criminal violation should not be grossly disproportionate to the crime committed affects the

assessment of the validity of terms of imprisonment

The U.S. Supreme Court differs from organizations like the National Rifle Association in its interpretation of the Second Amendment because

The U.S. Supreme Court has held that this provision must be read in conjunction with the other clause of the Second Amendment referring to a well-regulated militia

In ___ the defendant was convicted of interfering with the draft during wartime and of urging insubordination in the military

Schenck v. United States.

is not an example of a relgious freedom claim that was rejected by courts

Practicing the wiccan religion on U.S. Army bases

According to the U.S. Supreme court, the right of privacy includes the right to

be free from unwanted publicity

Over time the courts have held that __ encompasses the multiple procedures and processes that must be followed before a person can be legally deprived of their life, liberty, or property

due process

According to the U.S. Supreme Court a right of privacy is implied by all of the following except the

second amendment right to keep and bear arms

in __ the U.S. supreme court held unconstitutional a city ordinance banning the burning of a cross and the display of symbols such as swastikas

R.A.V v. St. Paul

criminal statutes may be unconstitutional because

of the way in which they are applied by government officials

under the due process clause of the fourteenth amendment criminial statues must not be

all of the answers are correct

a special legislative enactment that declares a person or group of persons guilty of a crime and subject to punishment without trial is known as an

bill of attainder

which of the following statements is true of the fourth amendment to the U.S. constitution

it prohibits unreasonable searches and seizures of persons houses and effects

the first amendment provides that congress shall make no law prohibiting

the free exercise of religion

substantive criminal law is enforced through

procedural criminal law

modern law defines a __ as a crime that is less serious than a felony and is usually punishable by fines, penalties, or incarceration of less then one year

misdemeanor

unlike felonies, misdemeanors are

sentenced to term at a local county jail

which of the following is a criminal act

committing an omission such as neglecting to take care of a sick child leading to that child’s death

holds a person criminally liable even when the consequence of their action is not what the person actually intended

transferred intent

situations that can diminish a persons criminal responsibility include

all of the answers are correct

the requirement for criminal liability that an accused performed a voluntary act accompanied by the required mental state that actually and proximately caused the prohibited social harm is known as a

concurrence of elements

identify the type of homicide that is punishable by death while the others are usually not

first degree murder

an usually consists of a voluntary action

actus reus

which of the following is an example of a specific intent crime

larceny

is an example of a general intent crime

statutory rape

the intention to commit an act __ is an example of specific intent

to achieve some further consequences beyond the conduct or results that constitutes the actus reus of the offense

which of the following makes a defendant liable for a resulting social harm as they are largely foreseeable or related to the defendants conduct

dependent intervening causes

which of the following is not one of the special rights and protections that the U.S. constitution affords to those accused of crimes

the first amendment right to freedom of expression that gives a defendant the right to tell their version of events in a public courtroom

if two people shoot a victim and hit the victims vital organs simultaneously

both can be viewed as the cause in fact

civil liability differs from criminal liability in that in civil liability

the consequences of the harm done are less severe