Exam (elaborations)
Criminal Law 7th Edition by John M. Scheb - Test Bank
- Course
- Institution
Criminal Law 7th Edition by John M. Scheb - Test Bank
[Show more]
Seller
Follow
evileye251
Reviews received
Content preview
, EXAM QUESTIONSCHAPTER 1: FUNDAMENTALS OF CRIMINAL LAW
TRUE/FALSE:
1. Our legal system regards crimes as offenses not just against individual victims, but against
society as a whole.
ANS: T REF: 7 LO: 5
2. A “tort” is a very serious crime for which one may be incarcerated in a prison for more than
one year.
ANS: F REF: 9 LO: 2
3. A misdemeanor is considered more serious than a felony.
ANS: F REF: 5 LO: 2
4. In certain instances, a person may be held criminally responsible regardless of intent.
ANS: T REF: 5 LO: 2
5. In the American legal system, there can be no crime, and no punishment, except as
provided by law.
ANS: T REF: 4 LO: 1
6. American criminal law is derived largely from the English common law.
ANS: T REF: 10 LO: 4
7. The federal government has adopted the common law of crimes.
ANS: F REF: 11 LO: 4
8. Appellate courts perform an error correction function, but they do not perform a lawmaking
function.
ANS: F REF: 14 LO: 7
9. The most important constitutional principle relative to criminal procedure is “due process of
law.”
ANS: T REF: 15 LO: 9
© Cengage Learning 2015
,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.
ANS: F REF: 19 LO: 10
© Cengage Learning 2015
, 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
ANS: C REF: 5 LO: 2
© Cengage Learning 2015
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller evileye251. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $26.63. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
77254 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now