Which does not have its origins in common law?

Unit 1 Examinationnn30nnBCJ 360 Criminal LawnnMultiple Choice Questions (Enter your answers on the enclosed answer sheet)nn1. Which does not have its origins in common law?nna. The Code of Hammurabi b. special law c. common law d. precedentnn2. The appellate stage of the criminal process occurs __________ adjudication.nna. before b. after c. simultaneously to d. None of the above.nn3. In the criminal law context, the burden of __________ falls on the prosecutor to establish the defendant’s guilty.nna. proof b. persuasion c. production d. procedurenn4. __________ evidence is evidence that proves a fact without the need of the jury to infer anything from it.nna. Real b. Circumstantial c. Direct d. Testimonialnn5. __________ evidence is evidence that is relevant and goes to substantial matters in dispute, or has legitimate influence or bearing on the decision of the case.nna. Material b. Demonstrative c. Real d. DirectnnUnit 1 Examinationnn31nnBCJ 360 Criminal Lawnn6. The __________ Amendment states, in part, that the “accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state.”nna. Second b. Fourth c. Sixth d. Eightnn7. The process of examining potential jurors for bias is known as:nna. voir dire b. stare decisis c. malum prohibitum d. malum in senn8. The American court system is synonymous with:nna. dual federalism b. coopeative federalism c. dual court system d. constituent unitsnn9. Overbreadth cases frequently involve the __________ Amendment, which protects the freedom of religion, assembly, and speech.nna. First b. Second c. Fifth d. Eighthnn10. __________ is defamation by the written or printed word.nna. Slander b. Group Libel c. Libel d. Seditious Speechnn11. __________ is defamation by the spoken word.nna. Slander b. Group Libel c. Libel d. Seditious SpeechnnUnit 1 Examinationnn32nnBCJ 360 Criminal Lawnn12. __________ is an attack on the good reputation of another.nna. Slander b. Group Libel c. Defamation d. Libelnn13. __________ advocates rebellion against the government.nna. Slander b. Group Libel c. Libel d. Seditious Speechnn14. This Supreme Court case decided that the death penalty, as it was being carried out at the time, was unconstitutional.nna. Furman v. Georgia b. Atkins v. Virginia c. Roper v. Simmons d. Coker v. Georgiann15. This Supreme Court case determined that the death penalty is not permitted for the rape of an adult.nna. Furman v. Georgia b. Atkins v. Virginia c. Roper v. Simmons d. Coker v. Georgiann16. This Supreme Court case determined that the death penalty is not permitted for the rape of a juvenile.nna. Gregg v. Georgia b. Atkins v. Virginia c. Kennedy v. Louisiana d. Coker v. Georgiann17. This type of intent is the intent to commit the actus reus or criminal act of the crime only.nna. Direct b. Transferred c. General d. SpecificnnUnit 1 Examinationnn33nnBCJ 360 Criminal Lawnn18. This type of mens rea or criminal intent in which the defendant unconsciously creates a risk of harm and does not act like a reasonable person under the circumstances:nna. knowledge b. negligence c. recklessness d. malicenn19. This is the intent to commit a wrongful act without a legitimate cause or excuse.nna. knowledge b. negligence c. malice d. motivenn20. Crimes that do not require mens rea or criminal intent are known as:nna. ex post facto offenses b. strict liability offenses c. negligent offenses d. reckless offensesnn21. This type of concurrence states that the mens rea must be linked to the actus reus it is intended to accompany.nna. temporal b. factual c. motivational d. legalnn22. This form of causation is the requirement that the defendant’s conduct was the cause in fact of the harm.nna. temporal b. factual c. motivational d. legalnn23. Causation, the requirement that the defendant is responsible for the harm, applies only to __________ crimes.nna. result b. conduct c. harmful d. tortnnUnit 1 Examinationnn34nnBCJ 360 Criminal Lawnn24. Temporal concurrence means that the __________ must accompany the __________ in time.nna. actus reus; mens rea b. mens rea; actus reus c. actus reus; malum prohibitum d. malum prohibitun; mens reann25. The requirement that the defendant is responsible for the harm in result crimes is known as:nna. temporal causation b. causation c. factual causation d. legal causationnnUnit 2 Examinationnn56nnBCJ 360 Criminal LawnnMultiple Choice Questions (Enter your answers on the enclosed answer sheet)nn1. Deadly force cannot be used in which defense?nna. defense of property b. self-defense c. nonexculpatory defense d. imperfect defensenn2. Murder, robbery, burglary, rape, or arson are known as __________ felonies.nna. compulsory b. optional c. forcible d. non-compulsorynn3. Make my day laws are premised on a defense of __________ theory, not a self-defense theory.nna. habitation b. occupancy c. vacancy d. opportunitynn4. The __________ states that the nonaggressor is not required to retreat from their home.nna. Make my Day Laws b. Stand your Ground Rule c. Castle Doctrine d. Defense of Othersnn5. The most often-cited spring gun case is __________.nna. People v. Ceballos b. Graham v. Connor c. State v. Aguillard d. Tennessee v. Garnernn6. Which Supreme Court case set the standard for evaluating nondeadly force claims by law enforcement officials?nna. People v. Ceballos b. Graham v. Connor c. State v. Aguillard d. Tennessee v. GarnernnUnit 2 Examinationnn57nnBCJ 360 Criminal Lawnn7. In helping to decide what a reasonable police officer would do, specific to deadly force, courts need to consider three factors EXCEPT:nna. the severity of the crime b. whether the suspect poses a threat c. whether the suspect is resisting and/or attempting to flee the scene d. the span of the crimenn8. Which Supreme Court case set the standard for evaluating deadly force claims by law enforcement officials?nna. People v. Ceballos b. Graham v. Connor c. State v. Aguillard d. Tennessee v. Garnernn9. The defense of __________ involves the victim consenting to physical contact or activity with the defendant.nna. habitation b. others c. necessity d. consentnn10. This defense justifies certain types of criminal activity when it cannot be avoided.nna. habitation b. others c. necessity d. consentnn11. A “temporary psychotic reaction, often manifested by violence, which is triggered by consumption of alcohol by a person with a pre-disposing mental or physical condition” is known as:nna. pathological intoxication b. compulsive alcoholism c. habitual inebriation d. typical intemperancennUnit 2 Examinationnn58nnBCJ 360 Criminal Lawnn12. This excuse defense could be applicable if the government is found to have manufactured or initiated a crime that would not have otherwise occurred.nna. duress b. intoxication c. entrapment d. creative excusesnn13. When a(n) __________ decision is based on the offender’s predisposition, this is known as a(n) __________ inquiry.nna. duress; subjective b. intoxication; objective c. entrapment; subjective d. creative excuses; objectivenn14. The first Supreme Court case recognizing the entrapment defense was:nna. Sorrells v. United States a. City of Minneapolis v. Altimus b. Wentworth v. State c. State v. Crawfordnn15. A focus on the government conduct presumably responsible for someone’s decision to commit a crime is known as a(n):nna. objective inquiry b. subjective inquiry c. impartial examination d. neutral examinationnn16. This defense is one of the only defenses that calls into question law enforcement’s role in the instigation of crime.nna. duress b. intoxication c. entrapment d. creative excusesnnUnit 2 Examinationnn59nnBCJ 360 Criminal Lawnn17. The common law put children into three categories based on their capacity to commit crimes. What is the capacity of a seven year old?nna. no criminal capacity b. presumption against criminal capacity c. presumption of criminal capacity d. minimal criminal capacitynn18. In general, children under the age of __________ are charged and adjudicated in the juvenile justice system.nna. 16 b. 17 c. 18 d. 19nn19. Trying juveniles as adults in the criminal justice system is known as:nna. juvenile waiver b. discretionary waiver c. legislative exclusion d. presumptive waivernn20. This waiver is a waiver of a juvenile defendant from juvenile to adult court is presumed appropriate based on the age, offense, or other factors.nna. presumptive waiver b. mandatory waiver c. discretionary waiver d. juvenile waivernn21. The waiver of a juvenile defendant from adult court to juvenile court is known as a:nna. juvenile waiver b. mandatory waiver c. reverse waiver d. discretionary waivernnUnit 2 Examinationnn60nnBCJ 360 Criminal Lawnn22. This deals with defendant’s ability to understand what is happening at the time of trial or a related criminal proceeding.nna. legal insanity b. diminished capacity c. insanity defense d. competency to stand trialnn23. This defense is an excuse defense to a criminal charge based on the defendant’s mental condition at the time of the crime.nna. duress defense b. insanity defense c. age defense d. entrapment defensenn24. This is an insanity test that focuses on the defendant’s ability to appreciate the wrongfulness of his conduct based on a mental disease or defect.nna. M’Naghten Test b. Irresisitible Impulse Test c. Product Test d. Federal Testnn25. This test of insanity is also known as the Durham test.nna. M’Naghten Test b. Irresisitible Impulse Test c. Product Test d. Federal TestnnUnit 3 Examinationnn100nnBCJ 360 Criminal LawnnMultiple Choice Questions (Enter your answers on the enclosed answer sheet)nn1. Being a(n) __________ is not quite as serious as being a(n)__________, as one who assists after the crime may engage in behaviors that are far more innocuous than helping with the commission of a crime.nna. partner; accomplice b. accessory; accomplice c. partner; accessory d. accomplice; accessorynn2. A(n) __________ most often assists before and during the crime, while the __________ typically helps after the fact.nna. partner; accomplice b. accessory; accomplice c. partner; accessory d. accomplice; accessorynn3. To succeed at this defense the individual must notify the principal and neutralize the effects of any assistance offered to that point.nna. abandonment defense b. insanity defense c. age defense d. duress defensenn4. This form of liability is not possible when one of the parties to the crime is protected by applicable statue.nna. accomplice liability b. vicarious liability c. strict liability d. corporate vicarious liabilitynn5. In this defense a defendant may claim that he or she assisted in the commission of a criminal act but chose to withdraw from the collaborative effort.nna. insanity defense b. age defense c. creative excuses defense d. abandonment defensennUnit 3 Examinationnn101nnBCJ 360 Criminal Lawnn6. This liability involves two or more parties but it takes only one party’s actions to trigger liability.nna. corporate vicarious liability b. vicarious liability c. accomplice liability d. strict liabilitynn7. An out-of-court statement offered as evidence for the truth of the matter asserted is known as:nna. an overt act b. hearsay c. bootstrapping d. the Pinkerton Rulenn8. This type of large-scale conspiracy is one in which one central actor has control of all of the aspects of the conspiracy, while the other members of the conspiracy have control of only one aspect.nna. chain conspiracy b. spoke and wheel conspiracy c. wheel and chain conspiracy d. spoke conspiracynn9. This type of large-scale conspiracy is one in which the individuals at one end of the conspiracy are not aware of the individuals at the other end.nna. chain conspiracy b. spoke and wheel conspiracy c. wheel and chain conspiracy d. spoke conspiracynn10. This defense to conspiracy provides that a conspiracy cannot occur when two persons are required for the commission of a crime.nna. abandonment b. withdrawal c. impossibility d. Wharton’s RulennUnit 3 Examinationnn102nnBCJ 360 Criminal Lawnn11. This is an inchoate offense that occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit a crime.nna. conspiracy b. complicity c. solicitation d. bootstrappingnn12. The __________ element of solicitation occurs when another person entices, advises, incites, orders, or otherwise encourages another to commit a crime.nna. malum in se b. malum prohibitum c. mens rea d. actus reusnn13. Which does not meet the mens rea of first-degree murder?nna. willful b. voluntarily c. deliberate d. premeditationnn14. The decision as to whether a first-degree murderer will be sentenced to death is usually made by the __________ in a post-trial hearingnna. jury b. judge c. prosecutor d. bailiffnn15. To sentence a first-degree murderer to death, it is usually required that jurors find (1) at least __________ aggravating factor and (2) __________ mitigating circumstance(s).nna. one; no b. one; one c. two; no d. two; onennUnit 3 Examinationnn103nnBCJ 360 Criminal Lawnn16. Any murder that is not “willful, premeditated, and deliberate” is:nna. first-degree murder b. second-degree murder c. voluntary manslaughter d. involuntary manslaughternn17. A person is guilty of __________ when a death results during his or her commission of a violent felony.nna. first-degree murder b. second-degree murder c. felony murder d. physician assisted suicidenn18. Which philosophy of punishment is the primary logic behind felony murder?nna. rehabilitation b. incapacitation c. deterrence d. retributionnn19. In regard to felony murder, it is the sequence of the felony from beginning to end.nna. res gestae b. stare decisis c. malum prohibitum d. mala in senn20. Unlawful offensive touching of another without consent is known as:nna. rape b. sexual assault c. battery d. assaultnn21. A type of assault in which the criminal intentionally places another person in fear of an imminent battery is the offense of:nna. threatened battery assault b. battery c. attempted battery assault d. assaultnnUnit 3 Examinationnn104nnBCJ 360 Criminal Lawnn22. A type of assault in which the criminal attempts to commit the crime of battery but is unsuccessful is the offense of:nna. threatened battery assault b. battery c. attempted battery assault d. assaultnn23. The __________ of threatened battery assault is the intention to cause another person to fear imminent battery.nna. actus reus b. mens rea c. mala in se d. stare decisisnn24. Assaults are often lumped into two categories: __________ and __________.nna. simple; aggravated b. grand; battery c. simple: grand d. battery; armednn25. This offense refers to the unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty.nna. domestic violence b. child abuse c. kidnapping d. stalkingnnUnit 4 Examinationnn144nnBCJ 360 Criminal LawnnMultiple Choice Questions (Enter your answers on the enclosed answer sheet)nn1. This offense is defined as breaking and entering into the dwelling or structure of another with the intent to commit a felony inside.nna. trespassing b. burglary c. vandalism d. criminal mischiefnn2. Which common law element of burglary has largely been abandoned?nna. breaking and entering b. of the dwelling of another c. during the nighttime d. with intent to commit a felony insidenn3. Some statutes, and the Model Penal Code, extend the actus reus of burglary to the practice of _________.nna. unlawful entry b. secret lingering c. surreptitious remaining d. criminal mischiefnn4. Hiding in a department store bathroom until it closes with intent to steal merchandise is an example of behavior that would constitute __________.nna. unlawful entry b. surreptitious remaining c. vandalism d. criminal mischiefnn5. This is a criminal offense committed with the use of a computer or other electronic device.nna. criminal mischief b. cybercrime c. vandalism d. surreptitious remainingnn6. Cybercrime falls into these two separate yet closely related categories.nna. theft; property invasion and destruction b. property invasion and destruction; vandalism c. criminal mischief; theft d. property invasion; criminal mischiefnnUnit 4 Examinationnn145nnBCJ 360 Criminal Lawnn7. Criminals often go further by posing as other individuals in an effort to obtain passwords and other privileged information, in a practice known as:nna. Cybercrime b. Property Invasion c. Social Engineering d. Criminal Mischiefnn8. Which federal investigative law enforcement agency has jurisdiction over counterfeiting of currency?nna. FBI Local Office b. U.S. Secret Service c. U.S. Postal Inspection Service d. Internet Crime Complaint Centernn9. Which federal investigative law enforcement agency has jurisdiction over internet harassment?nna. FBI Local Office b. U.S. Secret Service c. U.S. Postal Inspection Service d. Internet Crime Complaint Centernn10. Specific to embezzlement, this is the person to whom goods or property are entrusted.nna. Bailee b. Bailiff c. Bailor d. Stewardnn11. Specific to embezzlement, this individual, usually an employer, who entrusts the bailee with their property.nna. Bailiff b. Bailor c. Steward d. Factornn12. Obtaining the property of another through fraud or deception is known as:nna. proof deceptions b. white-collar crimes c. conversions d. false pretensesnnUnit 4 Examinationnn146nnBCJ 360 Criminal Lawnn13. This offense is most commonly referred to as a white-collar crime.nna. burglary b. robbery c. larceny d. embezzlementnn14. For something to amount to false representation, it must satisfy three criteria. Which is not one of the criteria?nna. It must in fact be false. b. It must in fact be a false promise. c. It applies to current, not future, conduct. d. Opinions, even if expressed with intent to defraud another person, do not constitute false representation.nn15. Materially altering a document with the intent to defraud is known as:nna. forgery b. embezzlement c. uttering d. identity theftnn16. Appearing in a public place while under the influence of alcohol or substances to a degree where the individual is likely to endanger themselves, others, or property is known as:nna. minor in possession b. consumption of alcohol by a minor c. public intoxication d. driving under the influencenn17. Which offense is not considered an alcohol offense?nna. underage consumption or possession of alcohol by a minor b. driving under the influence c. disorderly conduct d. public intoxicationnnUnit 4 Examinationnn147nnBCJ 360 Criminal Lawnn18. Which federal statute, passed in 1914, constituted the federal government’s first effort to criminalize opium and cocaine?nna. The Controlled Substance Act b. The Harrison Narcotic Tax Act c. The Uniform Controlled Substance Act d. Combat Cocaine Epidemic Actnn19. A drug or other substance which has a currently accepted medical use in treatment in the United States is known as a Schedule __________ drug.nna. II b. III c. IV d. all of the abovenn20. Which offense is not seen as a crime against decency and/or morality?nna. prostitution b. voyeurism c. bigamy d. incestnn21. Sexual intercourse between unmarried persons is known as __________.nna. fornication b. adultery c. sodomy d. incestnn22. Which is not an offense against the state?nna. treason b. sedition c. espionage d. vagrancynnUnit 4 Examinationnn148nnBCJ 360 Criminal Lawnn23. Levying war against the United States or providing aid and comfort to the enemies of the United States is known as:nna. treason b. sedition c. espionage d. sabotagenn24. Which is the actus reus of treason?nna. two witnesses or a confession b. levy war or provide aid and comfort c. intent to betray d. act of violencenn25. Advocating the violent overthrow of the U.S. government is known as:nna. treason b. sedition c. espionage d. sabotage