Criminal law homework, PLEASE HELP

Question 1 According to your text, the establishment of the American Law Institute was the result of
1. political rivalries and power struggles.

2. a desire to revive common law.

3. a quest for a newer, more flexible common law.

4. general dissatisfaction with American criminal law.

Question 2 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 his or her life, liberty, or property.

1. substantive criminal law

2. procedural criminal law

3. due process

4. statutory law

Question 3 Substantive criminal law is enforced through

1. Procedural criminal law.
2. common law.
3. case law.
4. the Model Penal Code (MPC).


Question 4 The right of the people to assemble publicly is NOT absolute because

1. public assembly may threaten public safety, peace, and order, the government has the right to impose reasonable restrictions on the time, place, and manner of assembly.
2. past problems with riots and other tumultuous disturbances has led American courts to create a quota of public assemblies per year nationwide.
3. political interests prevent more extreme groups from a public display of their beliefs.
4. the American system of government has not yet evolved to live up to the promises of the U.S. Constitution.



Question 5 The _________ distinguishes criminal law from other law.
1. use of plaintiffs instead of prosecutors
2. imposition of punishment for its violation
3. imposition of punitive damages that are payable to the plaintiff
4. lack of appropriate legal safeguards for defendants



Question 6 The Eighth Amendment to the U.S. Constitution prohibits

1. excessive hearings.
2. both treason and usurious money lending.
3. cruel and unusual punishment.
4. slavery.


Question 7 __________ regularly refine and redefine the criminal law.
1. Congress and state legislature
2. Congress and the U.S. Senate
3. the U.S. and state senates
4. the executive and judicial branches of federal government


Question 8 The criminal process most often begins with
1. bail.
2. an indictment.
3. a conviction.
4. sentencing.


Question 9 When it comes to anti-loitering statues, American courts

1. have held that these statutes do not have to promote identifiable public interests in order to be justified.
2. have found these laws unconstitutional when they are found to be vague, such as by failing to give fair warning of the precise conduct that is prohibited.
3. have found these laws unconstitutional when applied them to hard-working, law-abiding citizens, but not when applied to transients.
4. have increasingly used these laws to drive out gangs.



Question 10 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 than one year.
1. petty offense
2. felony
3. misdemeanor
4. wobbler


Question 11 The _____________ usually consists of a voluntary action.

1. omission
2. purpose
3.intent
4. actus reus




.


Question 12 Motive is important as a matter of proof because
1. it is a form of mens rea and thus is an element of required proof for criminal culpability. it is a form of mens rea and thus is an element of required proof for criminal culpability.
2. the criminal actor is liable for the emotions that motivated him or her to commit the crime.
3. it may help to identify the perpetrator of a crime or explain why a suspect may have acted in a particular way.
4. since it means the emotion prompting a person to act, it is actually the same as intent.


Question 13 In the case of ________, a court declared that dog sniffs are searches and can be conducted only if police have probable cause to believe the person, place, or thing to be sniffed is connected to criminal action.

1. U.S. v. Place
2. Loving v. Virginia
3. Craig v. Boren
4.Commonwealth v. Johnston




Question 14 ____________ is not a major category of crime.

1.felonies
2. misdemeanors
3.public order offenses
4. petty offenses



Question 15 The purpose of making possessory offenses a crime is to

1. raise arrest rates
2. arrest criminals without having to catch them red-handed
3. deter further criminal activity
4. show other criminals that they cannot escape the law




Question 16 ___________ holds a person criminally liable even when the consequence of his or her action is not what the actor actually intended?

1. General intent
2. Specific intent
3. Mens rea
4. Transferred intent




Question 17 All criminal law is ___________; that is, crimes are defined by the legislatures of the states and the federal government.

1. common law
2. case law
3. statutory
4. discretionary



Question 18 Such penalties as payment of a large civil judgment or loss of a license to practice a profession constitute
1.criminal penalties.
2. punishment.
3. civil penalties.
4. sanctions.


Question 19 The right to ___________ is NOT covered by the First Amendment

1. the right to due process
2. the exercise of religion
3. the right to peaceable assembly
4. the right to free speech


Question 20 Criminal law is distinguished from all other law because

1.other types of law, such as civil law, seek to regulate acts that are contrary to the community interest of the social or government unit.
2. criminal law seeks to regulate acts that are contrary to the community interest of the social or government unit.
3. Criminal law seeks to influence and protect the public from obvious and egregious moral wrongs.
4. such types of law as civil law impose punishment for crimes committed.
amycenteno40
Asked Jan 21, 2015

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