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Sample Test Ch_03_Criminal_Law_Substance_and_Procedure True / False
1. The roots of criminal law in the United States can be directly traced to the Bible.
a.
True
b.
False
ANSWER:
False
REFERENCES:
Historical Development of the Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil la
KEYWORDS:
Remember
2. The element of criminal law most relevant to criminal justice is torts, or the law of personal injuries.
a.
True
b.
False
ANSWER:
False
REFERENCES:
Historical Development of the Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil la
KEYWORDS:
Remember
3. Substantive criminal law deals with issues such as the mental and physical elements of a crime.
a.
True
b.
False
ANSWER:
True
REFERENCES:
Historical Development of the Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil la
KEYWORDS:
Remember
4. The principle of stare decisis refers to the concept of proportionality or “eye for an eye.”
a.
True
b.
False
ANSWER:
False
REFERENCES:
Historical Development of the Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.02 – Discuss the concept of substantive criminal law and its history.
KEYWORDS:
Remember
5. An immediate relationship must always exist between the act and the actor’s intent for a crime to occur.
a.
True
b.
False
ANSWER:
False
REFERENCES:
The Legal Definition of a Crime
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime.
KEYWORDS:
Remember
6. An ex post facto law is a law that inflicts a greater punishment than was available when the crime was committed.
a.
True
b.
False
ANSWER:
True
REFERENCES:
Sources of Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.03 – Discuss the sources of criminal law.
KEYWORDS:
Remember
7. Entrapment is a defense against criminal culpability that is found in the Bill of Rights.
a.
True
b.
False
ANSWER:
False
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
8. Selfdefense as a justification requires imminent danger.
a.
True
b.
False
ANSWER:
True
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
9. 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
ANSWER:
False
REFERENCES:
Due Process of Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.10 – Explain the role the Supreme Court plays in interpreting the Constituti and shaping procedural law.
KEYWORDS:
Remember
10. Although most commonlaw crimes require intent, strict liability crimes do not have a mental requirement.
a.
True
b.
False
ANSWER:
True
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
11. Traffic laws are examples of strict liability offenses.
a.
True
b.
False
ANSWER:
False
REFERENCES:
The Legal Definition of a Crime
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
12. The Fourth Amendment limits the admissibility of confessions that have been obtained unfairly.
a.
True
b.
False
ANSWER:
False
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime.
KEYWORDS:
Remember
13. Insanity, intoxication, and ignorance are all types of justifications.
a.
True
b.
False
ANSWER:
False
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime.
KEYWORDS:
Remember
14. Intoxication is only a viable defense if it is involuntary.
a.
True
b.
False
ANSWER:
True
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime.
KEYWORDS:
Remember
15. To exercise the selfdefense privilege, the danger must be immediate.
a.
True
b.
False
ANSWER:
True
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime.
KEYWORDS:
Remember
16. Every state now has a “standyourground” law, which requires no duty to retreat.
a.
True
b.
False
ANSWER:
False
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime.
KEYWORDS:
Remember
17. 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
ANSWER:
True
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime.
KEYWORDS:
Remember
18. Stalking laws are an example of the creation of a new law in response to emerging social issues.
a.
True
b.
False
ANSWER:
True
REFERENCES:
The Evolution of Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.07 – Discuss the most recent developments in criminal law reform.
KEYWORDS:
Remember
19. The exclusionary rule is the exclusion from trial of evidence seized in violation of the Eighth Amendment.
a.
True
b.
False
ANSWER:
False
REFERENCES:
Constitutional Criminal Procedure
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure
KEYWORDS:
Remember
20. Due process of law is found in the Fourth Amendment.
a.
True
b.
False
ANSWER:
False
REFERENCES:
Due Process of Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.09 – List the elements of due process of law.
KEYWORDS:
Remember
21. 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
ANSWER:
True
REFERENCES:
Due Process of Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.09 – List the elements of due process of law.
KEYWORDS:
Remember
22. Bail is forfeited if the defendant misses the trial date.
a.
True
b.
False
ANSWER:
True
REFERENCES:
Due Process of Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.10 – Explain the role the Supreme Court plays in interpreting the Constituti and shaping procedural law.
KEYWORDS:
Remember
23. There are certain offenses in which mens rea is not essential.
a.
True
b.
False
ANSWER:
True
REFERENCES:
The Legal Definition of a Crime
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime.
KEYWORDS:
Remember
24. 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
ANSWER:
True
REFERENCES:
The Legal Definition of a Crime
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime.
KEYWORDS:
Remember
Multiple Choice
25. 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.
ANSWER:
a
REFERENCES:
Historical Development of the Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil la
KEYWORDS:
Remember
26. Which branch of law defines crimes and their punishment?
a.
Martial law
b.
Substantive criminal law
c.
Civil law
d.
Public law
ANSWER:
b
REFERENCES:
Historical Development of the Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil la
KEYWORDS:
Remember
27. 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.
ANSWER:
d
REFERENCES:
Historical Development of the Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil la
KEYWORDS:
Remember
28. 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
ANSWER:
d
REFERENCES:
Historical Development of the Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil la
KEYWORDS:
Remember
29. Which of the following is not a source of criminal law?
a.
Common law
b.
Biblical decree
c.
Statutes
d.
Case decisions
ANSWER:
b
REFERENCES:
Historical Development of the Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.03 – Discuss the sources of criminal law.
KEYWORDS:
Remember
30. 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
ANSWER:
d
REFERENCES:
Sources of Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.03 – Discuss the sources of criminal law.
KEYWORDS:
Remember
31. 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.
ANSWER:
d
REFERENCES:
Sources of Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.03 – Discuss the sources of criminal law.
KEYWORDS:
Remember
32. 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
ANSWER:
a
REFERENCES:
The Legal Definition of a Crime
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
33. 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.
ANSWER:
a
REFERENCES:
The Legal Definition of a Crime
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime.
KEYWORDS:
Remember
34. 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 misdemea 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, where
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 cr
d.
Distinguishing between a felony and a misdemeanor is sometimes difficult.
ANSWER:
c
REFERENCES:
The Legal Definition of a Crime
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
35. 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.
ANSWER:
c
REFERENCES:
The Legal Definition of a Crime
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
36. The term actus reus refers to the:
a.
measurement of mental ability.
b.
exclusion of omission.
c.
guilty person.
d.
guilty act.
ANSWER:
d
REFERENCES:
The Legal Definition of a Crime
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
37. 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.
ANSWER:
b
REFERENCES:
The Legal Definition of a Crime
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
38. 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
ANSWER:
d
REFERENCES:
The Legal Definition of a Crime
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
39. 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
ANSWER:
b
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
40. 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.
ANSWER:
b
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
41. 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.
ANSWER:
b
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
42. 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.
ANSWER:
a
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
43. 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
ANSWER:
a
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
44. 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
ANSWER:
d
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
45. 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
ANSWER:
c
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
46. Which of the following is false regarding a defense of selfdefense?
a.
The defendant must have acted under a reasonable belief that he or she was in danger of any type of harm.
b.
The defendant must have acted under a reasonable belief that he or she was in danger of death or great har
c.
The defendant must have believed that he or she had no means of escape from the assailant.
d.
The person defending himself or herself may only use such force as is reasonably necessary to prevent perso harm.
ANSWER:
a
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
47. Which of the following is false regarding standyourground laws?
a.
All states have stand-your-ground laws.
b.
Florida’s stand-your-ground law permits the use of deadly force when a person reasonably believes it necess prevent the commission of a forcible felony.
c.
The stand-your-ground laws in some states extend to public places.
d.
The stand-your-ground law in Florida permits deadly force to prevent the commission of a carjacking.
ANSWER:
a
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
48. Which of the following is not considered entrapment?
a.
Police implant a criminal idea.
b.
Police instigate a crime.
c.
Officers pose as drug dealers in known drug areas.
d.
Police coerce an individual to commit an offense.
ANSWER:
c
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
49. Crime is generally grouped into three basic categories, they are:
a.
felonies, misdemeanors, and violations.
b.
malum prohibitum crimes, felonies, and violations.
c.
violations, ordinances, and felonies.
d.
misdemeanors, violations, and ordinances.
ANSWER:
a
REFERENCES:
Historical Development of the Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil la
KEYWORDS:
Remember
50. Which legal standard of mental illness is used by present federal law?
a.
“Didn’t know what he was doing or didn’t know it was wrong.”
b.
“Could not control his conduct.”
c.
“Lacks substantial capacity to appreciate the wrongfulness of his conduct or to control it.”
d.
“Lacks capacity to appreciate the wrongfulness of his conduct.”
ANSWER:
d
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
51. Which of the following is true regarding the standyourground justification defense?
a.
Most self-defense statutes require a duty to retreat before reacting to a threat with physical violence.
b.
The castle exception does not require an obligation to retreat within an individual’s residence before fighting
c.
Stand-your-ground laws allow average citizens to use deadly force when they reasonably believe that their h or vehicles have been illegally invaded.
d.
All of the above are true regarding the “stand-your-ground” justification defense.
ANSWER:
d
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
52. The exclusionary rule is used as part of which protection afforded to the accused by the US Constitution?
a.
First Amendment
b.
Second Amendment
c.
Fourth Amendment
d.
Eighth Amendment
ANSWER:
c
REFERENCES:
Constitutional Criminal Procedure
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure
KEYWORDS:
Remember
53. The ______ Amendment guarantees the defendant the right to a speedy and public trial by an impartial jury.
a.
Second
b.
Fourth
c.
Sixth
d.
Eighth
ANSWER:
c
REFERENCES:
Constitutional Criminal Procedure
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure
KEYWORDS:
Remember
54. Excessive bail is prohibited by the:
a.
Fourth Amendment.
b.
Fifth Amendment.
c.
Sixth Amendment.
d.
Eighth Amendment.
ANSWER:
d
REFERENCES:
Constitutional Criminal Procedure
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure
KEYWORDS:
Remember
55. The _______ Amendment limits the admissibility of confessions that have been obtained unfairly.
a.
First
b.
Fifth
c.
Sixth
d.
Eighth
ANSWER:
b
REFERENCES:
Constitutional Criminal Procedure
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure
KEYWORDS:
Remember
56. The Bill of Rights is applied to the states by the:
a.
Fifth Amendment.
b.
Sixth Amendment.
c.
Eighth Amendment.
d.
Fourteenth Amendment.
ANSWER:
d
REFERENCES:
Constitutional Criminal Procedure
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure
KEYWORDS:
Remember
57. What element must be present in order for the excuse of necessity to be valid?
a.
The victim consented.
b.
No means of escape were available.
c.
The harm to be avoided was greater than the offense charged.
d.
The offense was based on a presumptive conclusion of mens rea.
ANSWER:
c
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
58. An employee is forced to divert funds into a special account and failure to cooperate will result in the execution of his or her family. Which defense would be most applicable to this situation?
a.
Duress
b.
Entrapment
c.
Necessity
d.
Consent
ANSWER:
a
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
Remember
59. Which constitutional amendment outlaws illegal searches and seizures by police?
a.
First
b.
Fourth
c.
Fifth
d.
Eighth
ANSWER:
b
REFERENCES:
Constitutional Criminal Procedure
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure
KEYWORDS:
Remember
Stanley is seeking help from a psychiatrist. After multiple sessions, he tells his psychiatrist that he has fantasies about killing a girl. Months later he does actually kill the girl that he spoke of during his sessions with the psychiatrist.
60. In addition to being tried for the girls’ murder, the parents of the deceased sue the psychiatrist for not warning the police of the potential threat. What categories of law is this case found in?
a.
Substantive criminal law and procedural law
b.
Procedural law and civil law
c.
Substantive criminal law and civil law
d.
Procedural law and public law
ANSWER:
c
REFERENCES:
Historical Development of the Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil la
KEYWORDS:
Apply
61. The lawsuit filed by the deceased girl’s parents is called:
a.
stare decisis.
b.
a tort.
c.
lex talionis.
d.
malum prohibitum.
ANSWER:
b
REFERENCES:
Sources of Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil la
KEYWORDS:
Apply
62. In applying the rule of lex talionis, how would the parents obtain closure for their daughter’s murder?
a.
The parents would be paid for their loss.
b.
The parents would be able to take over the psychiatry business.
c.
The parents would be able to kill Stanley for taking their daughter’s life.
d.
The parents would not be able to gain closure through this rule.
ANSWER:
c
REFERENCES:
Historical Development of the Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.01 – List the similarities and differences between criminal law and civil la
KEYWORDS:
Apply
Many states and the District of Columbia have legalized medical marijuana and other states have legalized its recreational use. In some states, police are directed to patrol the areas near medical marijuana dispensaries more frequently because it is still illegal to use it recreationally and usually still illegal to sell marijuana. The new governor of California is facing a budget crisis and must reduce spending in law enforcement.
63. The governor has targeted medical marijuana users because the police spend more time patrolling in areas where dispensaries are located. In what way will he be most successful in his quest to reduce spending?
a.
Start to punish medical marijuana users
b.
Make violations of medical marijuana laws a felony offense
c.
Make other violations of law usually punishable by fine, now arrestable offenses
d.
Direct police to warn and release whenever possible
ANSWER:
d
REFERENCES:
The Evolution of Criminal Law
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.07 – Discuss the most recent developments in criminal law reform.
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64. Randi has been arrested for selling marijuana in Washington state. He was high on drugs at the time of arrest and doesn’t quite understand why he is in trouble. The police are demanding to know Randi’s supplier and won’t let Randi eat or drink until he confesses. What rights protect Randi from this interrogation?
a.
Fourth Amendment
b.
Fifth Amendment
c.
Sixth Amendment
d.
Eighth Amendment
ANSWER:
b
REFERENCES:
Constitutional Criminal Procedure
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.08 – Describe the role of the Bill of Rights in shaping criminal procedure
KEYWORDS:
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Bob is leaving the medical marijuana dispensary with his 6 ounces, which is legal under the law. He drops his purchase and drives away, unaware that he no longer has his marijuana. Sue is walking down the street when she becomes the lucky recipient of 6 ounces of marijuana. When Bob realizes his mistake he goes back to find Sue getting high on the corner, he calls the police claiming Sue stole his marijuana.
65. Sue has been released without charges. What is the most likely reason for this?
a.
Sue had a prescription and did not have mens rea.
b.
Sue had actus reus but did not have a prescription.
c.
Sue had a contractual relationship to the police.
d.
Sue had a medical marijuana prescription.
ANSWER:
a
REFERENCES:
The Legal Definition of a Crime
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.06 – Explain excuses and justification defenses for crime.
KEYWORDS:
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66. After Sue’s release from jail, Bob gets high on the street and follows her back to her house where a physical fight ensues. Sue dies from her injuries. Bob claims he had no such intent and is surprised and disgusted by his actions. Bob believes the marijuana he bought on the street was laced with phencyclidine (PCP). What would be his best defense in court?
a.
Duress
b.
Intoxication
c.
Insanity
d.
Self-defense
ANSWER:
b
REFERENCES:
Criminal Defenses
LEARNING OBJECTIVES:
ESCJ.SIEG.17.03.05 – Define the term strict liability.
KEYWORDS:
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