Criminal Law for Legal Assistants
Textbook Exam Questions
Course Introduction
This course provides legal assistants with a thorough introduction to the principles and processes of criminal law. It covers the foundations of criminal liability, classifications of offences, the roles and responsibilities within the criminal justice system, and the key stages of criminal procedure from investigation through trial. Emphasis is placed on understanding substantive criminal law, recognizing the elements of various crimes, and applying this knowledge in support of attorneys and clients. In addition, students develop practical skills in document preparation, case research, and case management, all within the context of ethical and professional practice in the criminal law field.
Recommended Textbook Criminal Law and Procedure for the Paralegal 4th Edition by James W. H. McCord
Available Study Resources on Quizplus
15 Chapters
674 Verified Questions
674 Flashcards
Source URL: https://quizplus.com/study-set/1769
2
Chapter 1: Foundations of Criminal Law
Available Study Resources on Quizplus for this Chatper
49 Verified Questions
49 Flashcards
Source URL: https://quizplus.com/quiz/35212
Sample Questions
Q1) State government officials are required to uphold the U.S.Constitution.
A)True
B)False
Answer: True
Q2) The judicial branch of government interprets the law.
A)True
B)False
Answer: True
Q3) The federal government is divided into three branches,the legislative branch,the presidential branch and the judicial branch.
A)True
B)False
Answer: False
Q4) The rule of law
A)is most easily seen in dictatorships
B)is established in our country by the U.S.Constitution
C)allows people to live without restrictions
D)is not relevant to daily life
Answer: B
To view all questions and flashcards with answers, click on the resource link above. Page 3
Chapter 2: Administration of Criminal Justice and the Role of
the Paralegal
Available Study Resources on Quizplus for this Chatper
50 Verified Questions
50 Flashcards
Source URL: https://quizplus.com/quiz/35213
Sample Questions
Q1) A ______________________________________ is a body of citizens chosen to hear evidence and determine whether that evidence is sufficient to bring an accused to trial.
Answer: grand jury
Q2) An attorney may breach client confidentiality
A)never;it is never acceptable
B)to prevent reasonably certain death
C)to disclose a conflict of interest
D)upon motion by the opposing party
Answer: B
Q3) High-tech police searches for personal information have been said to threaten
A)the court structure
B)individual privacy
C)the paralegal profession
D)attorney work product
Answer: B
Q4) The goal of the adversary system is to provide motivation to find the truth.
A)True
B)False
Answer: True
To view all questions and flashcards with answers, click on the resource link above. Page 4
Chapter 3: Components of a Crime
Available Study Resources on Quizplus for this Chatper
43 Verified Questions
43 Flashcards
Source URL: https://quizplus.com/quiz/35214
Sample Questions
Q1) Actus reus can include all except A)words
B)omissions
C)status
D)possession
Answer: C
Q2) Name the four Model Penal Code levels of mental culpability and give an example of each.
Four Model Penal Code levels are as follows:
Answer: Purposely-A hits B over the head,intending to kill him. Knowingly-A burns a house to get insurance,but does not intend to kill inhabitants. Recklessly-A lights fireworks near a place where children are playing.
Negligently-The babysitter leaves a 2-year-old in the bathtub while talking with a friend on the phone.
Q3) Possession can include knowledge of where an item is and control of that area.
A)True
B)False
Answer: True
To view all questions and flashcards with answers, click on the resource link above.
Chapter 4: Crimes Against Persons and Crimes Against Habitation
Available Study Resources on Quizplus for this Chatper
59 Verified Questions
59 Flashcards
Source URL: https://quizplus.com/quiz/35215
Sample Questions
Q1) Terroristic threatening
A)does not require the defendant to mean what he says
B)requires the immediate ability to carry out the threat
C)must actually put the victim in fear
D)is not a federal crime
Q2) Issues in determining homicide actus reus include
A)when life ends
B)whether a dangerous weapon was used
C)whether there was premeditation
D)whether there was provocation
Q3) Sex offender registries are confidential.
A)True
B)False
Q4) A lesser included offense may be joined in the charging document or be stated in instructions to the jury,who then decide not only whether to convict,but also on which charge to convict.
A)True
B)False
Q5) List five provisions of the PROTECT Act.
Page 6
Q6) What are three provisions of the Violence Against Women Act of 1994?
To view all questions and flashcards with answers, click on the resource link above.
Page 7
Chapter 5: Crimes Against Property, public Order and
Safety, public Morals and Justice and Public Administration
Available Study Resources on Quizplus for this Chatper
50 Verified Questions
50 Flashcards
Source URL: https://quizplus.com/quiz/35216
Sample Questions
Q1) Illegal drugs that have been consumed by the defendant are considered to be in the defendant's possession.
A)True
B)False
Q2) Drug possession amounts may be based on weight of pills rather than weight of the effective ingredient in them.
A)True
B)False
Q3) A citizen renting a movie from a video store intended to select Flash Gordon for the children,but instead picked up Flesh Gordon,which shows some graphic sex scenes.After the citizen presses charges against the store for distributing obscenity,you are selected for the jury.What standards will the judge ask you to apply?
Q4) Blackmail,also known as ______________________,is a form of larceny that puts the victim in danger of harm.
Q5) It is a federal crime to mail information on where an abortion can be obtained.
A)True
B)False
Q6) Why is obscenity so difficult to define in a legal context?
Page 8
To view all questions and flashcards with answers, click on the resource link above.
Chapter 6: Incohate and Organized Crime
Available Study Resources on Quizplus for this Chatper
37 Verified Questions
37 Flashcards
Source URL: https://quizplus.com/quiz/35217
Sample Questions
Q1) A pattern of racketeering is established by
A)two or more overt acts within 10 years
B)two or more predicate offenses within 10 years
C)a series of offenses,including at least one felony
D)participation by at least five persons
Q2) If two parties,unknown to each other,agree to work toward the same criminal objectives with one central person,only one conspiracy takes place.
A)True
B)False
Q3) Laws against criminal gangs
A)are too vague to be constitutional
B)are usually patterned after RICO statutes
C)are upheld when they prohibit specific behavior
D)criminalize tattoos
Q4) Voluntary abandonment is most likely to be accepted as a defense to attempt
A)when there are least stringent standards of actus reus
B)when police stop the crime before it is committed
C)when a crime is dangerously close to being committed
D)in most states
Q5) What is the last conspirator defense and how is it changing?
Page 9
To view all questions and flashcards with answers, click on the resource link above.
Chapter 7: Defenses
Available Study Resources on Quizplus for this Chatper
47 Verified Questions
47 Flashcards
Source URL: https://quizplus.com/quiz/35218
Sample Questions
Q1) The Court in Tennessee v.Garner ruled that police may use any force necessary to arrest suspects.
A)True
B)False
Q2) There is no statute of limitation for murder.
A)True
B)False
Q3) All speech is protected by the First Amendment.
A)True
B)False
Q4) The insanity defense protects those who are
A)mentally ill
B)mentally retarded
C)incompetent at the time of trial
D)unaware of the nature of their acts
Q5) Anticipation of a future attack is sometimes acceptable self-defense for
A)prolonged threats in abusive relationships
B)a preemptive strike by a prison inmate
C)gang warfare
D)family feuds
To view all questions and flashcards with answers, click on the resource link above. Page 10
Chapter 8: Intake and Drafting the Complaint
Available Study Resources on Quizplus for this Chatper
25 Verified Questions
25 Flashcards
Source URL: https://quizplus.com/quiz/35219
Sample Questions
Q1) Federal and parallel state rules authorize service of a summons in accordance with the
A)judge's preference
B)local sheriff's procedure
C)respective rule of civil procedure
D)ABA Model Rules
Q2) Why should a records check on the defendant's prior convictions be done before the complaint is completed?
Q3) List in logical order four areas to be discussed during an intake interview.
Q4) The intake interview is the only time the prosecution team needs to be in contact with the victim.
A)True
B)False
Q5) Medical release forms must comply with HIPPO.
A)True
B)False
Q6) Prosecutors do not need to honor plea bargains.
A)True
B)False
Q7) List three areas that require special care in drafting a complaint.
To view all questions and flashcards with answers, click on the resource link above. Page 11
Chapter 9: Search and Seizure: History, warrant
Requirements, legislative Development and the
Exclusionary Rule
Available Study Resources on Quizplus for this Chatper
48 Verified Questions
48 Flashcards
Source URL: https://quizplus.com/quiz/35220
Sample Questions
Q1) If the police search without a warrant or outside the scope of the warrant,any evidence found will be excluded from trial under the ___________________
Q2) Please write a paragraph defining the concept of curtilage and discuss the four factors a court would consider in deciding whether property is curtilage and the impact the curtilage designation has on the government's ability to search that property.
Q3) An individual has a reasonable expectation of privacy in his/her own handwriting and as such law enforcement must obtain a warrant before requesting a handwriting sample from a suspect.
A)True
B)False
Q4) Before a search can be done,the existence of probable cause must be determined by the law enforcement official investigating the case.
A)True
B)False
Q5) Who has standing to challenge a Fourth Amendment search of property? How does Minnesota v.Carter (1998)affect this standing?
To view all questions and flashcards with answers, click on the resource link above. Page 12
Chapter 10: Search and Seizure: Exceptions to the Warrant Requirement
Available Study Resources on Quizplus for this Chatper
44 Verified Questions
44 Flashcards
Source URL: https://quizplus.com/quiz/35221
Sample Questions
Q1) A search incident to an arrest can be done with which type of arrest?
A)an arrest made to protect police officers
B)an arrest made to prevent the destruction of evidence
C)any lawful arrest
D)an arrest involving a serious offense
Q2) Officer Bob knocked on your door late on Saturday night,told you they are investigating a kidnapping,and asked if he may come in to talk and "look around." You hesitated a moment but when Officer Bob stated that he hates to use the warrant because it will seem like you are being uncooperative and judges hate defendants who do not cooperate,you agreed to let him enter.While he was talking to you,Officer Bob casually opened the desk in your living room and found a two-ounce bag of marijuana.Officer Bob seized the drugs and arrested you for possession.The search and seizure described will withstand judicial scrutiny under the consent exception to the warrant requirement.
A)True
B)False
Q3) California v.Acevedo declared highway sobriety checkpoints constitutional.
A)True
B)False
Page 13
To view all questions and flashcards with answers, click on the resource link above.
Chapter 11: Confessions and Pretrial Identification
Procedures
Available Study Resources on Quizplus for this Chatper
44 Verified Questions
44 Flashcards
Source URL: https://quizplus.com/quiz/35222
Sample Questions
Q1) Incriminating testimony can be compelled when the statute of limitations has run on the crime.
A)True
B)False
Q2) Evidence that is incriminating
A)is not allowed at trial
B)tends to prove criminal conduct
C)is a confession
D)is testimonial
Q3) The requirement of a reading of Miranda warnings may be overridden by concern for
A)policy
B)public opinion
C)public safety
D)First Amendment rights
Q4) A prosecutor may not draw attention to the fact that the defendant relied on the right not to incriminate himself.
A)True
B)False
Q5) What is the procedure for challenging a confession?
To view all questions and flashcards with answers, click on the resource link above. Page 14
Chapter 12: Pretrial Initial Appearance to Preliminary Hearing
Available Study Resources on Quizplus for this Chatper
44 Verified Questions
44 Flashcards
Source URL: https://quizplus.com/quiz/35223
Sample Questions
Q1) Interlocutory appeals are decided before trial.
A)True
B)False
Q2) The paralegal's primary task at the preliminary hearing is to
A)provide a bail recommendation to the judge
B)see that witnesses are present and prepared
C)summarize events and outcome
D)keep track of evidence
Q3) In the federal system,bail considerations can be based on all except A)what the defendant can afford
B)the defendant's age
C)likelihood of the defendant's presence at court appearances
D)preventing a threat to the community
Q4) The presumption of innocence applies to bail considerations. A)True
B)False
Q5) Paralegals may work as pretrial release officers.
A)True
B)False
Page 15
Q6) What are the restrictions on interlocutory appeals?
To view all questions and flashcards with answers, click on the resource link above.
Page 16
Chapter 13: Pretrial: Grand Jury to Pretrial Conference
Available Study Resources on Quizplus for this Chatper
45 Verified Questions
45 Flashcards
Source URL: https://quizplus.com/quiz/35224
Sample Questions
Q1) In some states the prosecutor may use intermission to bypass the preliminary hearing and submit the case to a grand jury.
A)True
B)False
Q2) Before accepting a guilty plea,the judge does all except
A)determine whether the plea is knowingly given
B)determine whether the plea is voluntarily given
C)remind the defendant of the right to bail
D)ask the prosecution for the factual basis for the charge
Q3) List four tips for subpoena practice.
Q4) To preserve their autonomy,grand juries work
A)in open meetings
B)in secret
C)completely independent from the rules of criminal procedure
D)closely with defense counsel
Q5) Investigation is a task that can be handled with little preparation.
A)True
B)False
Q6) What are the four parts of the test for a speedy trial required in Barker v.Wingo?
To view all questions and flashcards with answers, click on the resource link above. Page 17
Chapter 14: Trial Rights, procedure, tasks
Available Study Resources on Quizplus for this Chatper
44 Verified Questions
44 Flashcards
Source URL: https://quizplus.com/quiz/35225
Sample Questions
Q1) The defense may wait to present its opening statement until after the prosecution presents its evidence.
A)True
B)False
Q2) What are some problems in dealing with child witnesses?
Q3) Grounds for mistrial or appeal that arise during jury deliberations include all except
A)a juror's illness,reducing the panel to 11 jurors
B)a sensational tabloid story about the crime brought into the jury room by a juror
C)alternate jurors participating in the decision-making process,raising the number on the panel to 14
D)during recess,a member of the prosecution team commenting to a juror on the attractiveness of the juror's clothing
Q4) Evidence may be authenticated by
A)the judge
B)the bailiff
C)the attorney who presents it
D)a witness who has the knowledge to identify it
To view all questions and flashcards with answers, click on the resource link above.
18
Chapter 15: Sentencing,punishment and Review
Available Study Resources on Quizplus for this Chatper
45 Verified Questions
45 Flashcards
Source URL: https://quizplus.com/quiz/35226
Sample Questions
Q1) A New York Times survey indicates that the death penalty is not a general deterrent to homicide.
A)True
B)False
Q2) Prisons have a right to restrict visits to inmates.
A)True
B)False
Q3) United States Sentencing Guidelines shifted power in sentencing from the
A)prosecutor to the judge
B)defense to the judge
C)judge to the prosecutor
D)judge to the jury
Q4) When appeals are made "on the record,"
A)the process of presenting evidence does not have to be reenacted before the appellate court
B)an error in recording the trial is the issue of the appeal
C)the appellate judges base their decisions solely on the record of the trial
D)the decision of the appeal is recorded as federal law
Q5) What is the advantage and disadvantage of indefinite sentencing?
Q6) List in order at least five steps in appellate procedure.
Page 19
To view all questions and flashcards with answers, click on the resource link above.