Test bank for criminal law and procedure 1st edition by worrall

Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ TEST BANK CHAPTER Legal Foundations Chapter Multiple Choice Which term specifies what kinds of behavior are illegal, what punishments are available for dealing with offenders, and what defenses can be invoked by individuals? a Criminal procedure b Criminal law c Criminal evidence d None of the above Answer: b Objective: Explain the difference between substantive criminal law and criminal procedure Page number: Level: Basic Which term refers to a form of law that describes how suspected and accused criminals are to be handled and processed by the justice system? a Criminal procedure b Criminal law c Criminal evidence d None of the above Answer: a Objective: Explain the difference between substantive criminal law and criminal procedure Page number: Level: Basic According to the text, defining a crime as a felony or misdemeanor is important for all of the following reasons EXCEPT: a Based upon the potential punishment b Trial procedures differ for felonies and misdemeanors c The judges will differ for felonies and misdemeanors d The consequences of felonies and misdemeanors differ Answer: c Objective: Describe the various classifications of crimes Page number: 3-4 Level: Intermediate Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ Which type of crime is punishable by a fine or a period of incarceration for less than 12 months? a Property crime b Misdemeanor c Violent crime d Felony Answer: b Objective: Describe the various classifications of crimes Page number: Level: Basic Which of the following is the earliest known set of formal written codes? a Code of Hammurabi b Justinian Code c Twelve Tables d Napoleonic Code Answer: a Objective: Identify the sources of law Page number: Level: Basic The law developed in early England by judges who wrote down their decisions and circulated them to other judges is: a Case law b Special law c Common law d Constitutional law Answer: c Objective: Identify the sources of law Page number: Level: Basic This was passed by the United States Congress and contains federal laws, and violations of the provisions can lead to federal prosecution a Model Penal Code b U.S Constitution c U.S Code d None of the above Answer: c Objective: Identify the sources of law Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ Page number: Level: Basic Which Amendment gives us is the protection against cruel and unusual punishment? a 6th Amendment b 4th Amendment c 5th Amendment d 8th Amendment Answer: d Objective: Identify the sources of law Page number: Level: Basic Which Amendment says that no person shall be subject for the same offense to be twice put in jeopardy of life or limb? a 6th Amendment b 4th Amendment c 5th Amendment d 8th Amendment Answer: c Objective: Identify the sources of law Page number: Level: Basic 10 According to the text, state constitutions can be more than the U.S Constitution a Restrictive b In-depth c Relaxed d Accommodating Answer: a Objective: Identify the sources of law Page number: Level: Basic 11 Our system of justice is known as an adversarial system for all of the following reasons EXCEPT: a Because it pits two parties against each other in the pursuit of the truth b Because of the founding fathers’ concerns with oppressive governments c Both a and b d None of the above Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ Answer: c Objective: Describe the adversarial system Page number: 10-11 Level: Intermediate 12 In a criminal trial, which is the evidentiary standard necessary for the prosecution to prove? a Preponderance of the evidence b Beyond a reasonable doubt c Probable cause d Reasonable suspicion Answer: b Objective: Describe the adversarial system Page number: 12 Level: Intermediate 13 Under this presumption, the jury can usually infer guilt if a person is caught “red-handed” with the fruits of the crime a Presumption of death b Presumption of a guilty mind following possession of the fruits of the crime c Presumption of sanity d Presumption of the regularity of official acts Answer: b Objective: Describe the adversarial system Page number: 13 Level: Intermediate 14 Under this presumption, ignorance is not a defense to criminal liability a Presumption of death b Presumption of the regularity of official acts c Presumption of knowledge of the law d Presumption of sanity Answer: c Objective: Describe the adversarial system Page number: 13 Level: Intermediate 15 Which term refers to evidence that proves a fact without the need for the juror to infer anything from it? a Real evidence b Direct evidence Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ c Circumstantial evidence d Testimonial evidence Answer: a Objective: Identify courtroom participants Page number: 14 Level: Basic 16 Which term refers to someone one who is tasked with resolving any legal matter that comes before the court? a Trier of law b Lawyer c Trier of Fact d Judge Answer: a Objective: Identify courtroom participants Page number: 16 Level: Basic 17 Which term refers to someone who listens to the evidence and renders a decision? a Trier of law b Lawyer c Trier of Fact d None of the above Answer: a Objective: Identify courtroom participants Page number: 16 Level: Basic 18 Of the type of jury challenges, which type is unlimited by nature? a Voir dire b Peremptory challenge c Challenge for cause d Jury nullification Answer: c Objective: Identify courtroom participants Page number: 18 Level: Basic 19 Which of the following terms refers to the practice of ignoring or misapplying the law in a certain situation? Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ a Jury nullification b Hung jury c Allen charge d Ex post facto law Answer: a Objective: Identify courtroom participants Page number: 19 Level: Intermediate 20 There are 94 types of these courts in the U.S., the District of Columbia, and the U.S territories a Courts of limited jurisdiction b Superior courts c Intermediate appellate courts d District courts Answer: d Objective: Describe the structure of the U.S legal system, including jurisdiction Page number: 22 Level: Intermediate 21 Which of the following are courts that have jurisdiction over relatively minor offenses and infractions? a Courts of limited jurisdiction b Superior courts c Intermediate appellate courts d District courts Answer: a Objective: Describe the structure of the U.S legal system, including jurisdiction Page number: 22 Level: Basic 22 In an appellate case, which individual is known as the party appealed against? a Defendant b Appellee c Prosecutor d Appellant Answer: d Objective: Understand the parts of a court case Page number: 27 Level: Basic Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ 23 In the appeals context, what happens when an appellate court sends a case back to the lower court for further action consistent with its decision? a Remand b Reverse c Affirm d None of the above Answer: c Objective: Understand the parts of a court case Page number: 27 Level: Intermediate Chapter True-False Criminal law arms the police with the knowledge necessary to preserve the rights of individuals who are seized, searched, arrested, and otherwise inconvenienced by law enforcement officials a True b False Answer: b Objective: Explain the difference between substantive criminal law and criminal procedure Page number: Level: Basic Criminal procedure is concerned with the differences between the many types of illegal activity named in criminal statutes at the federal, state, and local level a True b False Answer: b Objective: Explain the difference between substantive criminal law and criminal procedure Page number: Level: Basic Depending on the state, a misdemeanor conviction could lead to eviction, suspension of a driver’s license, limited employment opportunities, and a host of other outcomes Answer: a Objective: Explain the difference between substantive criminal law and criminal procedure Page number: Level: Intermediate The Twelve Tables (450 B.C.) is considered to be the first secular written legal code a True b False Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ Answer: b Objective: Identify the sources of law Page number: Level: Basic Common law refers to the laws of specific villages and localities that were in effect in medieval England and that were often enforced by canonical courts a True b False Answer: b Objective: Identify the sources of law Page number: Level: Intermediate The Model Penal Code is more concerned with criminal law than criminal procedure a True b False Answer: a Objective: Identify the sources of law Page number: Level: Intermediate The Bill of Rights consists of the first fourteen amendments to the U.S Constitution and announces important limitations on government authority with respect to the investigation and prosecution of crime a True b False Answer: b Objective: Identify the sources of law Page number: Level: Basic Our justice system is adversarial because it pits two parties against each other in the pursuit of the truth a True b False Answer: a Objective: Describe the adversarial system Page number: 10 Level: Basic Of the types of justice systems, the inquisitorial system provides the same protections to the accused as the adversarial system Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ a True b False Answer: b Objective: Describe the adversarial system Page number: 11 Level: Intermediate 10 The burden of proof in a criminal prosecution falls on the government to prove that a person committed a crime a True b False Answer: a Objective: Identify courtroom participants Page number: 11 Level: Basic 11 The standard of proof in a civil case, equivalent to “more certain than not,” is preponderance of the evidence a True b False Answer: a Objective: Identify courtroom participants Page number: 12 Level: Basic 12 If the defendant chooses to assert an affirmative defense, then the prosecution must meet the burden of production and the burden of persuasion a True b False Answer: b Objective: Identify courtroom participants Page number: 12 Level: Intermediate 13 In a criminal trial, defendants cannot be compelled to testify because of the 5th Amendment a True b False Answer: a Objective: Identify courtroom participants Page number: 15 Level: Basic 14 In a jury trial, the trier of fact, the individual(s) who listen to the evidence and render a Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ decision is the judge a True b False Answer: b Objective: Identify courtroom participants Page number: 16 Level: Intermediate 15 A jury is a jurors’ practice of either ignoring or misapplying the law in a certain situation a True b False Answer: b Objective: Identify courtroom participants Page number: 19 Level: Intermediate Chapter Fill in the Blank Without _, there would be no crimes, no criminals, and perhaps no means of controlling undesirable behavior Answer: criminal law Objective: Explain the difference between substantive criminal law and criminal procedure Page number: Level: Basic A conviction bars a person from employment in certain fields, may deny that individual the right to vote, usually prohibits the individual from legally owning a firearm, and can carry with it a number of other harsh consequences Answer: felony Objective: Explain the difference between substantive criminal law and criminal procedure Page number: Level: Basic Examples of _ offenses include robbery, larceny (theft), and rape Answer: malum in se Objective: Describe the various classifications of crime Page number: Level: Intermediate An act that is wrong or evil because it is defined as such is known as _ Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ Answer: malum prohibitum Objective: Describe the various classifications of crime Page number: Level: Intermediate generally refers to some prior action that guides current action Answer: Precedent Objective: Identify sources of law Page number: Level: Basic A is a judge’s order that one side or the other wins without the need to move on to fact-finding Answer: directed verdict Objective: Identify courtroom participants Page number: 12 Level: Intermediate Once opening statements have concluded, the _ has the opportunity to present its case Answer: government Objective: Identify courtroom participants Page number: 14 Level: Basic Our court system, one that separates federal and state courts, is known as a _ Answer: dual court system Objective: Describe the structure of the U.S legal system, including jurisdiction Page number: 21 Level: Basic In the appeals context, a is when an appellate court nullifies or sets aside a lower court’s verdict Answer: reversal or vacate Objective: Understand the parts of a court case Page number: 27 Level: Intermediate 10 A _ is a minority opinion that is at odds with the majority opinion Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ Answer: dissent Objective: Understand the parts of a court case Page number: 28 Level: Intermediate Chapter Matching Match the presumption in Column with their correct definition in Column Column 1 Presumption against suicide Presumption of sanity Presumption of death Presumption of the regularity of official acts Column a All defendants are presumed sane; the burden falls on the defense to prove otherwise b It is assumed, for example, that a proper chain of custody exists, unless the defense can show otherwise c It is assumed that when a person dies, the cause is not suicide d It is presumed that a person who has disappeared and is continually absent from his or her customary location is dead c a d b Objective: Describe the adversarial system Page number: 13 Level: Intermediate Match the type of court in Column with the purpose of the court in Column Column Courts of limited jurisdiction Courts of general jurisdiction Superior courts Intermediate appellate courts State supreme courts b d a e c Full file at https://TestbankDirect.eu/ Column a The name commonly used for courts of general jurisdiction b Courts that have jurisdiction over relatively minor offenses and infractions c The highest court in a state d Courts that try several types of cases, so-called “trial courts.” e Courts to which verdicts from courts of general jurisdiction can be appealed Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ Objective: Describe the structure of the U.S legal system, including jurisdiction Page number: 22 Level: Intermediate Chapter Essay What is the difference between criminal law and criminal procedure? Answer: Criminal law specifies what kinds of behavior are illegal, what punishments are available for dealing with offenders, and what defenses can be invoked by individuals who break it Criminal procedure is the set of rules and guidelines that describe how suspected and accused criminals are to be handled and processed in the justice system Objective: Explain the difference between substantive criminal law and criminal procedure Page number: Level: Basic Discuss the difference between the adversarial justice system and the inquisitorial justice system Answer: The adversarial justice system is a system of justice that pits two parties against each other for the pursuit of truth The inquisitorial justice system is a system of justice that does not provide certain protections to the accused It places decision-making in the hands of one or very few individuals Juries are an exception Also, the attorneys are passive participants while the judge takes a more prominent role Objective: Describe the adversarial system Page number: 10-11 Level: Intermediate Discuss the practical meaning of verdicts Answer: The two main verdicts that can be reached in a trial, guilty and not guilty, not speak to the factual guilty or innocence Just because a defendant is found not guilty does not mean he/she is innocent It just means that the prosecution could not meet its burden of proving beyond a reasonable doubt that the defendant committed a crime The verdicts reached at the appellate stage have unusual meanings If an appellate court sides with an appellant, it is not stating the individual is innocent They focus on legal issues and whether or not proper procedures were followed at the trial level Objective: Explain the practical meaning of a verdict Page number: 28 Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ Level: Intermediate Chapter Critical Thinking List and describe the five sources of law in your text What are the significant aspects regarding each of the sources? Answer: The five sources of law are early legal codes, the common law, modern statutes, the Model Penal Code, and constitutional sources The earliest known example of a formal written legal code is the Code of Hammurabi Also known as Hammurabi’s Code and assembled by the sixth Babylonian king, Hammurabi, in 1760 B.C., the code expressed a strong “eye for an eye” philosophy Roman law provides another example of formally codified legal principles The so-called Twelve Tables (450 B.C.) was the first secular (i.e., not regarded as religious) written legal code It was named as such because the laws were literally written onto 12 ivory tablets The tablets were then posted so that all Romans could read them The Twelve Tables, like Hammurabi’s Code, contained a strong element of retributive justice After the Norman conquest of England (A.D 1066), King William and his Norman dukes and barons moved quickly to consolidate their hold over newly won territories One method was to take control of the preexisting legal/court system Once they did this, the judges in their courts not only issued decisions but also wrote them down These decisions were subsequently circulated to other judges The result was a measure of uniformity from one court to the next This was literally the law “in common” throughout England, and it came to be known as the common law The United States Code, which is passed by the United States Congress, contains federal laws, and violations of its provisions can lead to federal prosecution States have their own respective criminal codes passed by their state legislature Other units of government, such as counties and cities, often have their own ordinances These legal codes exist in several varieties In our federal system of government, each state is free—within certain constitutional limitations—to develop its own common and statutory law In 1962, however, the American Law Institute, a private organization of lawyers, judges, and legal scholars, adopted a Model Penal Code The Code was intended to serve as just that, a “model” for states to follow Since 1962, several states have adopted the Model Penal Code, either in whole or in part This is beneficial in at least two respects First, it promotes consistency across the states Second, it makes the study of the criminal law more manageable Constitutions are perhaps the most significant source of law Unlike penal codes, constitutions generally not prohibit actions on the part of private citizens Rather, they generally place limits on government authority They define, in broad terms, government structure and organization; they also spell out various rights that people enjoy, how government officials will be selected, and what roles various government branches will take on While the federal Constitution receives the most attention due to its status as the supreme law of the United States, it is important to note that each state has its own constitution Objective: Identify the sources of law Page number: 4-7 Level: Intermediate Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ Describe the concept of dual court system Discuss the concept of dual federalism Why are these important in our country? Answer: A dual court system is one that separates federal and state courts The dual court system is advantageous and desirable because it parallels federalism, a system of government wherein power is constitutionally divided between a central governing body (the federal government) and various constituent units (the states) Federalism requires that laws are made by the central governing authority and by the constituent units In the United States, the federal government makes law, but federalism also gives the states power to make their own laws A quick glance at the U.S Constitution reveals a system of dual federalism, where the only powers of the federal government are those explicitly listed, with the rest being left to the states Ours is more of a system of cooperative federalism, meaning that some of the lines between federal and state power are blurred Article I, Section 8, of the U.S Constitution gives the federal government the power to regulate interstate commerce, but this authority has been interpreted broadly to mean that the federal government can control much of what happens at the state level While a dual court system is desirable from a federalism standpoint, it also promotes complication and confusion It would be neat and tidy if the federal criminal law was separate and distinct from state criminal law, but in reality both overlap For example, certain criminal acts, such as those involving firearms, are violations of both federal and state criminal law This leads to confusion over where it would be best to try offenders or whether they should be tried twice in the two different systems Objective: Describe the structure of the U.S legal system, including jurisdiction Page number: 22 Level: Intermediate Full file at https://TestbankDirect.eu/ ... Objective: Identify the sources of law Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ Page number: Level:... governments c Both a and b d None of the above Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ Answer:... or misapplying the law in a certain situation? Full file at https://TestbankDirect.eu/ Test Bank for Criminal Law and Procedure 1st Edition by Worrall Full file at https://TestbankDirect.eu/ a