EXAM QUESTIONS
CHAPTER 3: CONSTITUTIONAL LIMITATIONS ON THE PROHIBITION OF CRIMINAL CONDUCT
TRUE/FALSE:
1. In terms of the criminal law, by far the most significant of Congress’s enumerated powers is the power to regulate interstate commerce.
ANS: T REF: 61 LO: 2
2. The First Amendment to th...
,10. A defendant in a criminal case is presumed innocent and to obtain a conviction the
prosecution must establish the defendant’s guilt beyond a reasonable doubt.
ANS: T REF: 16 LO: 9
11. The framers of the Constitution invested Congress with “police power” so that it would have
unlimited authority to enact criminal laws.
ANS: F REF: 12 LO: 7
12. Congress created the Model Penal Code to replace the common law.
ANS: F REF: 12 LO: 4
13. The Bill of Rights was adopted by Congress prior to the ratification of the Constitution.
ANS: F REF: 13 LO: 6
14. In Brandenburg v. Ohio (1969), the U.S. Supreme Court struck down a state law prohibiting
“criminal syndicalism.”
ANS: T REF: 13 LO: 6
15. “Decisional law” is the body of law developed by appellate courts.
ANS: T REF: 14 LO: 7
16. The presumption of innocence in a criminal case flows from the broader principle of strict
liability.
ANS: F REF: 16 LO: 7
17. The Supreme Court has struck down the practice of plea bargaining because it violates due
process of law.
ANS: F REF: 17 LO: 7
18. All criminal sanctions must be consistent with the 8th Amendment prohibition of cruel and
unusual punishments.
ANS: T REF: 19 LO: 10
19. Community service can never be imposed as a condition of pretrial diversion.
, 20. Retribution refers to an order that an offender compensate his or her victim financially.
ANS: F REF: 19 LO: 10
MULTIPLE CHOICE:
1. Mala in se offenses include __________.
A. rape
B. arson
C. murder
D. All of these
ANS: D REF: 9 LO: 2
2. Which of the following crimes is a misdemeanor?
A. grand theft
B. sexual battery
C. disorderly conduct
D. burglary
ANS: C REF: 6 LO: 2
3. The reasonable doubt standard that applies to criminal prosecutions differs markedly from
the ______________ standard that applies to civil cases.
A. preponderance of evidence
B. clear and convincing evidence
C. totality of circumstances
D. compelling interest
ANS: A REF: 16-17 LO: 9
4. Which of the following offenses is an example of a strict liability crime?
A. robbery
B. forgery
C. selling alcoholic beverages to a minor
D. grand theft
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