Q&A Hero

Q: In the case of , the Supreme Court held that a defendant's decision not to testify during the trial cannot be held against him or her. a. Adamsonv.California b. BatsonvKentucky c. J.E.B.v.Alabama d. Swainv.Alabama

Q: Which standard solely considers whether the accused is able to distinguish right from wrong? a. Durham rule b. Substantial capacity test c. M"Naghten rule d. Irresistible impulse test

Q: What is the burden of proof in a criminal trial? a. beyond a reasonable doubt b. probable cause c. preponderance of the evidence d. clear and convincing evidence

Q: Which standard of the insanity defense excuses a person whose mental disease makes it impossible to control their conduct? a. Durham rule b. Products test c. M"Naghten rule d. Irresistible impulse test

Q: Which Amendment states that no person "shall be compelled in any criminal case to be a witness against himself"? a. Fourth b. Fifth c. Sixth d. Eighth

Q: Under common law, there is generally a conclusive presumption of incapacity for a child under the age of: a. 7 b. 11 c. 13 d. 15

Q: All of the following are reasons that a defendant pleads not guilty EXCEPT: a. gain a more favorable plea bargain. b. challenge a crucial part of the evidence based on constitutional grounds. c. he or she is unsatisfied with his or her public defender and demands a new lawyer. d. submit one of the affirmative defenses available.

Q: Intoxication and age are examples of: a. legal defenses used to negate the required proof of mens rea. b. legal defenses that negate the required proof of actus reus. c. defenses based on double jeopardy. d. legal defenses based on a presumption of conclusive incapacitation.

Q: What type of trial is conducted without a jury, in which a judge makes the determination of the defendant's guilt or innocence? a. bench trial b. jury trial c. primary trial d. regular trial

Q: Which of the following is a true statement? a. Defendants who plea bargain receive significantly lighter sentences on average than those who are found guilty at trial. b. Defendants who plea bargain receive significantly harsher sentences on average than those who are found guilty at trial. c. The plea of guilty is fairly common at the arraignment. d. Plea bargaining accounts for the majority of criminal convictions in state courts.

Q: The effect of intoxication upon criminal liability depends on:a. the type of intoxicant used.b. whether the defendant uses drugs or alcohol voluntarily.c. whether the consumption of intoxicant began prior to the crime.d. whether the defendant has prior convictions.

Q: Which term is Latin for "I will not contest it" and is used as a criminal defendant's plea, in which he or she chooses not to challenge, or contest, the charges brought by the government? a. habeascorpus b. noll c. nolleprosequi d. nolocontendere

Q: The defense of mistake ultimately rests on proving a(n): a. presumption of guilt. b. lack of intent. c. existence of extenuating circumstances. d. post facto affirmative presumption of innocence due to entrapment.

Q: At the , the defendant is informed of the charges and must respond by pleading guilty or not guilty. a. arraignment b. indictment c. initial appearance d. preliminary hearing

Q: Individuals that claim insanity as a criminal defense may not have the ability to form ___________. a. mala in se b. mens rea c. actus reus d. stare decisis

Q: Narcotics control laws, health and safety regulations, and sanitation laws are examples of what legal principle? a. Recklessness b. Criminal negligence c. Malice d. Strict liability

Q: Legislative time limits that require prosecutors to charge a defendant with a crime within a certain amount of time after the illegal act took place are called: a. discovery. b. nolleprosequi. c. statutes of acquittal. d. statutes of limitations.

Q: What is the most important factor in deciding whether to prosecute? a. the prosecutor's belief in the defendant's guilt b. the reliability of victims c. whether sufficient evidence exists to gain a conviction d. whether or not the victim is willing to cooperate

Q: Certain statutory offenses exist in which mens rea is not essential. These offenses fall within a category known as: a. torts. b. strict liability crimes. c. mala in se crimes. d. stare decisis.

Q: About of adult felony cases brought to prosecutors by police are dismissed through a nolle prosequi. a. one-fourth b. one-third c. one-half d. three-fourths

Q: The term actus reus refers to the: a. measurement of mental ability. b. exclusion of omission. c. guilty person. d. guilty act.

Q: The individual's state of mind or intent to commit a crime is formally referred to as: a. stare decisis. b. mala in se. c. mens rea. d. actus reus.

Q: Once the initial appearance has been completed and bail is set, the prosecutor must establish: a. preponderance of the evidence. b. evidence beyond a reasonable doubt. c. reasonable suspicion. d. probable cause.

Q: Case 8-1 Andrew was arrested and charged with second degree murder. His family was able to gather enough money to retain a well-respected criminal defense attorney. His attorney believes that it is very important to get Andrew out of jail on bail so he can assist him with his defense. The community prefers that he remain in custody. If the grand jury finds that probable cause exists, it issues a(n): a. discovery. b. examination. c. indictment. d. information.

Q: Which of the following is false regarding the comparison of felonies and misdemeanors? a. A felony is an offense generally punishable by death or imprisonment in a penitentiary, whereas a misdemeanor is generally punishable by a fine or imprisonment elsewhere than in a penitentiary. b. A person convicted of a felony may be barred from certain fields of employment or some professions, whereas a person convicted of a misdemeanor is not. c. An arrest for a felony or misdemeanor may be made regardless of whether the crime was committed in the officer's presence, as long as the officer had reasonable grounds to believe that the person committed the crime. d. Distinguishing between a felony and a misdemeanor is sometimes difficult.

Q: What is the most common definition of a felony? a. A crime punishable in the statute by death or imprisonment in a state prison. b. Any crime punishable by imprisonment in a jail or state prison. c. A crime punishable by grand jury indictment. d. Any crime for which one can be imprisoned for more than three years in prison.

Q: Sue has committed a robbery with deadly weapon. This would be considered a __________ crime. a. mala in se b. nolle prosequi c. mala prohibitum d. civil

Q: Case 8-1 Andrew was arrested and charged with second degree murder. His family was able to gather enough money to retain a well-respected criminal defense attorney. His attorney believes that it is very important to get Andrew out of jail on bail so he can assist him with his defense. The community prefers that he remain in custody. Andrew's attorney believes that it may be in Andrew's best interest to plead guilty to the charges against him. His attorney is concerned that the evidence against Andrew is overwhelming and a jury will most likely find him guilty if they go to trial. Andrew decides to plead guilty in exchange for a 15-year prison sentence. What form must Andrew complete that proves Andrew is pleading guilty voluntarily and with full comprehension of the consequences? a. Alford form b. Boykin form c. Gideon form d. Miranda form

Q: The term stare decisis refers to: a. an eye for an eye. b. someone who is inherently evil. c. a statute created by a legislative body. d. the decision to stand by decided cases.

Q: Case 8-1Andrew was arrested and charged with second degree murder. His family was able to gather enough money to retain a well-respected criminal defense attorney. His attorney believes that it is very important to get Andrew out of jail on bail so he can assist him with his defense. The community prefers that he remain in custody.Once the judge set Andrew's bail at $1.5 million, Andrew's family contacts a bail bond agent. What percentage of the cash bail will the bail bond agent usually request in order to post a bail on Andrew's behalf?a. 5%b. 10% c. 20% d. 25%

Q: Regardless of its source, all criminal laws in the United States must conform to the rules and dictates of the: a. US Attorney's Office b. US Court of Appeals c. US Senate d. US Constitution

Q: Case 8-1 Andrew was arrested and charged with second degree murder. His family was able to gather enough money to retain a well-respected criminal defense attorney. His attorney believes that it is very important to get Andrew out of jail on bail so he can assist him with his defense. The community prefers that he remain in custody. The judge decides to set Andrew's bail at $1.5 million. Andrew's family owns a home that is worth $1 million. They want to use this property to post Andrew's bail. What is the most likely result of this request? a. The judge will approve the property bond because it is close to the bail amount. b. The judge will approve the property bond because the value of the property must be at least half of the set bail. c. The judge will not approve the bail because the property is not equal to the bail amount. d. The judge will not approve the bail because the property is not valued at double the bail amount.

Q: Case 8-1 Andrew was arrested and charged with second degree murder. His family was able to gather enough money to retain a well-respected criminal defense attorney. His attorney believes that it is very important to get Andrew out of jail on bail so he can assist him with his defense. The community prefers that he remain in custody. A judge denying Andrew bail because he is fearful that Andrew will commit a crime if released before trial is known as: a. preventive detention. b. proactive detention. c. reactive detention. d. statutory detention.

Q: Which of the following is not a source of criminal law? a. Common law b. Biblical decree c. Statutes d. Case decisions

Q: Which of the following is not one of the four broad categories into which law today can be divided? a. Procedural criminal law b. Substantive criminal law c. Civil law d. Procedural civil law

Q: Case 8-1 Andrew was arrested and charged with second degree murder. His family was able to gather enough money to retain a well-respected criminal defense attorney. His attorney believes that it is very important to get Andrew out of jail on bail so he can assist him with his defense. The community prefers that he remain in custody. At which step leading up to the criminal trial will the judge make the decision to set bail or order Andrew to remain in jail awaiting his trial? a. booking b. initial appearance c. indictment d. arraignment

Q: Which of the following is false regarding criminal law?a. Crime is a public offense.b. The right of enforcement belongs to the state.c. Fines go to the state.d. Both parties can appeal.

Q: The is the formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause. a. discovery b. examination c. indictment d. information

Q: Which branch of law defines crimes and their punishment? a. Martial law b. Substantive criminal law c. Civil law d. Public law

Q: US civil law is primarily concerned with: a. compensating the injured party for harm. b. protecting the public against harm. c. controlling social values and mores. d. contracting legal obligations between aggrieved individuals.

Q: What is the formal investigation prior to trial in which the defense uses various methods to obtain information from the prosecution to prepare for trial? a. discovery b. examination c. indictment d. information

Q: During the , the defendant appears before a judge or magistrate, who decides whether the evidence presented is sufficient for the case to proceed to trial. a. arraignment b. booking c. initial appearance d. preliminary hearing

Q: For a person to be considered to have committed a crime, some act is required to prove the actors willingness to commit harm. a. True b. False

Q: There are certain offenses in which mens rea is not essential. a. True b. False

Q: Excessive bail is prohibited under the Amendment. a. Fourth b. Fifth c. Sixth d. Eighth

Q: Bail is forfeited if the defendant misses the trial date. a. True b. False

Q: What is the first step toward determining the suspect's guilt or innocence after an arrest has been made? a. indictment b. information c. initial appearance d. preliminary hearing

Q: Criminal jurisdiction is determined by legislation. a. True b. False

Q: Substantive due process refers to a citizen's right to be protected from criminal laws that may be biased, discriminatory, and otherwise unfair. a. True b. False

Q: In the current criminal justice system, each party involved in a courtroom dispute has an equal chance to present its case and is secure in the belief that no outside factors are going to influence the decision rendered by the court. a. True b. False

Q: The United States does not have a single judicial system, but 52 different systemsone for each state, the District of Columbia, and the federal government. a. True b. False

Q: Due process of law is found in the Fourth Amendment. a. True b. False

Q: The exclusionary rule is the exclusion from trial of evidence seized in violation of the Eighth Amendment. a. True b. False

Q: The due process function emphasizes punishment and retribution. a. True b. False

Q: Stalking laws are an example of the creation of a new law in response to emerging social issues. a. True b. False

Q: If a bank employee took money from a bank because they believed failure to do so would result in harm to their kidnapped children, this is an example of the duress defense. a. True b. False

Q: Case 7-2 Barney was sentenced to a term of life in prison after he was found guilty of an armed home invasion robbery. There are many issues that occurred during his trial that he wants to appeal. First, he was a juvenile when arrested and charged for the home invasion robbery. The juvenile judge dismissed the charges against Barney because the victim stated that Barney was not the offender. The prosecutors decided to file Barney's case in the adult criminal court system. This clearly is a violation of the protection against double jeopardy. Also, Barney was not given an attorney until he was charged as an adult. For Barney's case to actually be heard by the entire U.S. Supreme Court, how many justices must approve of the decision to hear his case? a. 2 b. 4 c. 6 d. 8

Q: Every state now has a "stand-your-ground" law, which requires no duty to retreat. a. True b. False

Q: Case 7-2 Barney was sentenced to a term of life in prison after he was found guilty of an armed home invasion robbery. There are many issues that occurred during his trial that he wants to appeal. First, he was a juvenile when arrested and charged for the home invasion robbery. The juvenile judge dismissed the charges against Barney because the victim stated that Barney was not the offender. The prosecutors decided to file Barney's case in the adult criminal court system. This clearly is a violation of the protection against double jeopardy. Also, Barney was not given an attorney until he was charged as an adult. Barney is unsuccessful with his first few appeals. His appellate lawyers determined that there has been a major injustice in Barney's case and are determined to take his case all the way to the U.S. Supreme Court. His lawyers petitioned the U.S. Supreme Court to issue a(n) , so they will request the lower courts for the record of the case. a. bill of attainder b. ex post fact c. writ of certiorari d. writ of habeascorpus

Q: To exercise the self-defense privilege, the danger must be immediate. a. True b. False

Q: Case 7-2 Barney was sentenced to a term of life in prison after he was found guilty of an armed home invasion robbery. There are many issues that occurred during his trial that he wants to appeal. First, he was a juvenile when arrested and charged for the home invasion robbery. The juvenile judge dismissed the charges against Barney because the victim stated that Barney was not the offender. The prosecutors decided to file Barney's case in the adult criminal court system. This clearly is a violation of the protection against double jeopardy. Also, Barney was not given an attorney until he was charged as an adult. After Barney's conviction in the state's trial court of general jurisdiction, where would Barney most likely file his first appeal? a. U.S. district courts b. U.S. courts of appeals c. intermediate appellate courts d. state supreme court

Q: Intoxication is only a viable defense if it is involuntary. a. True b. False

Q: Case 7-2 Barney was sentenced to a term of life in prison after he was found guilty of an armed home invasion robbery. There are many issues that occurred during his trial that he wants to appeal. First, he was a juvenile when arrested and charged for the home invasion robbery. The juvenile judge dismissed the charges against Barney because the victim stated that Barney was not the offender. The prosecutors decided to file Barney's case in the adult criminal court system. This clearly is a violation of the protection against double jeopardy. Also, Barney was not given an attorney until he was charged as an adult. Barney's case was first adjudicated in the specialty court known as a juvenile court. Which of the following is also considered to be a specialty court? a. drug court b. municipal court c. probate court d. supreme court

Q: Insanity, intoxication, and ignorance are all types of justifications. a. True b. False

Q: Case 7-2 Barney was sentenced to a term of life in prison after he was found guilty of an armed home invasion robbery. There are many issues that occurred during his trial that he wants to appeal. First, he was a juvenile when arrested and charged for the home invasion robbery. The juvenile judge dismissed the charges against Barney because the victim stated that Barney was not the offender. The prosecutors decided to file Barney's case in the adult criminal court system. This clearly is a violation of the protection against double jeopardy. Also, Barney was not given an attorney until he was charged as an adult. The issues of double jeopardy and representation by an attorney would be appealable because they are considered to be: a. questions of fact. b. questions of guilt. c. questions of innocence. d. questions of law.

Q: The Fourth Amendment limits the admissibility of confessions that have been obtained unfairly. a. True b. False

Q: Case 7-1 Jack was arrested for the serious crime of robbery by the local police department. When police searched Jack incident to arrest, they found a small amount of heroin and a needle used for injecting heroin. Jack is also homeless. He has no family and no means to support himself, except committing crime. He commits crime in order to support his drug habit. Jack is concerned that because he cannot afford a high-priced criminal defense attorney, he will not have a chance in his trial. Which of the following statements summarizes the effectiveness of publicly funded counsel compared to private counsel? a. Conviction rates of defendants with private counsel are lower than those represented by publicly funded attorneys. b. Conviction rates of defendants with private counsel are higher than those represented by publicly funded attorneys. c. Conviction rates of defendants with private counsel and those represented by publicly funded attorneys are generally the same. d. A higher percentage of defendants with public defenders are placed on probation.

Q: Case 7-1 Jack was arrested for the serious crime of robbery by the local police department. When police searched Jack incident to arrest, they found a small amount of heroin and a needle used for injecting heroin. Jack is also homeless. He has no family and no means to support himself, except committing crime. He commits crime in order to support his drug habit. Jack is considered indigent, which means he is not able to afford an attorney for his criminal case. Who will most likely represent Jack in his court proceedings? a. attorney general b. public defender c. private attorney d. prosecutor

Q: Traffic laws are examples of strict liability offenses. a. True b. False

Q: Although most common-law crimes require intent, strict liability crimes do not have a mental requirement. a. True b. False

Q: Case 7-1 Jack was arrested for the serious crime of robbery by the local police department. When police searched Jack incident to arrest, they found a small amount of heroin and a needle used for injecting heroin. Jack is also homeless. He has no family and no means to support himself, except committing crime. He commits crime in order to support his drug habit. Which court would most likely have the jurisdiction to try this case? a. courts of general jurisdiction b. courts of limited jurisdiction c. intermediate appellate courts d. state supreme court

Q: Case 7-1 Jack was arrested for the serious crime of robbery by the local police department. When police searched Jack incident to arrest, they found a small amount of heroin and a needle used for injecting heroin. Jack is also homeless. He has no family and no means to support himself, except committing crime. He commits crime in order to support his drug habit. Which function of the court would view Jack as sick, not evil, and in need of treatment? a. the crime control function b. the due process function c. the bureaucratic function d. the rehabilitation function

Q: The ideas and principles that society considers important at a given time and in a given place have no bearing on a court's decision on what exactly constitutes due process in a specific case. a. True b. False

Q: Case 7-1 Jack was arrested for the serious crime of robbery by the local police department. When police searched Jack incident to arrest, they found a small amount of heroin and a needle used for injecting heroin. Jack is also homeless. He has no family and no means to support himself, except committing crime. He commits crime in order to support his drug habit. After the police arrested Jack, they brought him to the county jail to be booked. Who is responsible for deciding whether he will be charged with a crime? a. attorney general b. defense attorney c. judge d. prosecutor

Q: Self-defense as a justification requires imminent danger. a. True b. False

Q: Attorney-client privilege does not apply when: a. the client provides information on a crime that he or she plans to commit. b. the client admits to a past offense. c. the client admits to murder. d. the client admits to particularly heinous crimes including torture.

Q: Entrapment is a defense against criminal culpability that is found in the Bill of Rights. a. True b. False

Q: About % of all criminal defendants in the United States are represented by public defenders or other appointed counsel. a. 50 b. 75 c. 90 d. 95

Q: An ex post facto law is a law that inflicts a greater punishment than was available when the crime was committed.a. Trueb. False

Q: The Supreme Court unanimously held that "any person brought to court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him." This case was: a. Furmanv.Georgia. b. Gideonv.Wainwright. c. Stricklandv.Washington. d. UnitedStatesv.Zolin.