Foundations of Criminal Justice Review Questions - 672 Verified Questions

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Foundations of Criminal Justice Review Questions

Course Introduction

Foundations of Criminal Justice introduces students to the structure, functions, and processes of the criminal justice system, including law enforcement, the courts, and corrections. The course explores historical and contemporary perspectives on crime, the development of criminal law, and the role of various agencies and stakeholders within the system. Key topics include the rights of the accused, methods of crime control, ethical issues, and the impact of public policy and societal influences on justice outcomes. Through case studies and discussion, students gain a foundational understanding of how justice is administered and the challenges faced in maintaining fairness and effectiveness in the system.

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Criminal Law for the Criminal Justice Professional 3rd Edition by Norman M Garland

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Chapter 1: Nature, Origins, Purposes, Structure, and

Operation of the Criminal Justice System

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Sample Questions

Q1) Many cultures do not make the distinction between secular (nonreligious)and __________ law that is so central to American culture.

A)statutory

B)federal

C)sacred

D)religious

Answer: D

Q2) Give a detailed description of the MPC.

Answer: The MPC is a comprehensive recodification of the principles of criminal responsibility based upon such previous sources of criminal law as codes,judicial opinions,and scholarly commentary.It stands as a model in the reform of principles of American criminal responsibility.

Q3) Legality holds that no one can be punished for an act that was not defined as criminal before the person did the act.

A)True

B)False

Answer: True

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Chapter 2: Constitutional Limitations on the Criminal Law

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Q1) American courts will invalidate criminal statutes that are viewed as thinly veiled attempts to restrict the freedom of religion.

A)True

B)False

Answer: True

Q2) __________ has NOT been found to be unconstitutional.

A)Statutes stating that "no person shall loiter ...in or upon any street,park or public place,or in any public building," with no definition of the word "loiter."

B)A harassment statute prohibiting conduct that "alarms or seriously annoys" another person.

C)A statutes that punished a person who "publicly treats contemptuously the flag of the United States."

D)A federal statute that provides that murdering a "federal egg inspector" can be a "capital crime."

Answer: D

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Chapter 3: Classification of Crimes and Basic Elements of Criminal

Responsibility

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Q1) Explain what a felony is under both the common law and the modern definition.

Answer: Under common law,felonies were the most serious class of criminal offense and were uniformly punishable by death; all other offenses were considered misdemeanors and thus were not punishable by death.Today,the modern definition of a felony is any serious crime that can be punishable by more than a year of imprisonment and death.Felonies currently include,but are not limited to,various degrees of homicide,rape,robbery,possession or distribution of illegal narcotics,and arson.A crime does not have to be violent or even be perpetrated against a specific individual victim to constitute a felony; one example of this is white-collar crime,a term that covers several types of generally nonviolent felonies relating to dishonesty in commercial matters.

Q2) __________ would NOT be considered by a prosecutor in deciding whether to charge an offense as a felony or a misdemeanor

A)Prior offenses committed by the perpetrator

B)The age of the perpetrator when the crime was committed

C)Seriousness of the offense committed

D)The neighborhood in which the perpetrator resides

Answer: D

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Chapter 4: Parties to a Crime

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Q1) Failure to act to prevent another from committing a crime is an affirmative act.

A)True

B)False

Q2) The doctrine of innocent instrumentality runs into technical problems where a statute only applies to a certain class of people by definition.

A)True

B)False

Q3) The Sherman-Sorrells test uses __________ as part of the test to determine if entrapment has occurred.

A)a inquiry exonerate a government agent.

B)the defendant's willingness to commit the crime

C)the officer's willingness to commit the crime rather than the defendant's wrongdoing.

D)All the above are correct.

Q4) A person is an accomplice if s/he

A)possesses the intent to support or encourage the commission of the crime.

B)provides assistance in avoiding capture and arrest after the crime.

C)aids or assists another without knowing they a planning a crime.

D)owns a weapon.

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Chapter 5: Incomplete Crimes

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Q1) The ________ test is used to determine whether the conduct of a suspect constitutes an attempt.Under this test,an attempt occurs when a person's conduct alone clearly manifests his or her criminal intent.

A)substantial step

B)unequivocality

C)physical proximity

D)dangerous proximity

Q2) Solicitation exists only if the crime solicited has been A)inquired about.

B)attempted.

C)completed.

D)agreed to.

Q3) Under the ________ test,a person is guilty of attempt when his or her conduct is very close to success,or when an act is so near to the result that the probability of success is very great.

A)substantial step

B)unequivocality

C)physical proximity

D)dangerous proximity

Q4) Name three of the four types of impossibility that are discussed in your text.

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Chapter 6: Defenses to Crimes

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Q1) While there is usually no legal responsibility to provide first aid to another person,there is a very clear responsibility to continue such care once you start.

A)True

B)False

Q2) When the actor has violated a criminal statue but there is a reason for not holding him or her personally accountable,the defense is called A)affirmative defense.

B)true defense.

C)excuse.

D)justification.

Q3) The current trend in criminal law is to reduce rather than increase the age at which children can be held criminally responsible. A)True B)False

Q4) Under common law,a person is justified in violating a criminal law if six elements are present.Name four of these.

Q5) Name three of the five circumstances in which the defense of duress may be excused.

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Chapter 7: Punishment and Sentencing

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Q1) Vengeance,A hallmark of the utilitarian theory of punishment,can be seen as a beneficial consequence because it satisfies A)victims.

B)their families and friends.

C)members of the public.

D)All the above are correct.

Q2) Explain the two versions of the philosophy of retributive justification.

Q3) The simplest retributive justification is that one who has violated the rights of others should be

A)given the chance to reform.

B)penalized.

C)given a punishment identical to the crime.

D)publicly made an example.

Q4) Name and briefly explain the two justifying theories of punishment that underlie modern criminal law.

Q5) Each of the 50 states and the federal government has separate sets of criminal statutes.

A)True

B)False

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Chapter 8: Criminal Homicide

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Q1) A feticide can be defined as an abortion performed before viability is reached.

A)True

B)False

Q2) The __________ cannot be used to reduce murder to manslaughter.

A)imperfect self-defense

B)diminished mental capacity

C)provocation

D)implied malice

Q3) According to the _________,a defendant will be held criminally liable for a death if the other elements of criminal homicide are met and if,without the defendant's conduct,the victim would not have died at that point in time.

A)substantial factor test.

B)"but for" test.

C)absolute rule.

D)felony murder rule.

Q4) Name the four mental states that are used under modern law to define malice aforethought.

Q5) Name the five elements of criminal homicide.

Q6) Name the three circumstances in which murder in the first degree is committed.

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Chapter 9: Crimes Against Persons: Other Offenses

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Q1) In order for a defendant to be guilty of battery,not only must he or she intend to cause harmful or offensive touching,but he or she must also

A)intentionally scare the victim.

B)threaten the victim.

C)actually cause such a result to the victim.

D)annoy the victim.

Q2) When force is used,consent is typically a key issue.

A)True

B)False

Q3) The __________ is an element of battery.

A)actor's mental state

B)actor's conduct of touching or applying force to the victim

C)harm done to the victim

D)All the above are correct.

Q4) Mayhem appears in fewer jurisdictions than assault and battery appears.

A)True

B)False

Q5) Child abuse often takes place in the home.

A)True

B)False

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Chapter 10: Crimes Against Habitation

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Q1) A typical crime that a person might intend to commit when s/he breaks and enters a vehicle is

A)breaking the steering wheel.

B)stealing the vehicle.

C)cutting the seat covers.

D)demolishing the vehicle.

Q2) Name four things that a police officer can do when he or she responds to the scene of a fire and attempts to determine the fire's origin.

Q3) Your text gives some examples of homes that are legally considered to be uninhabited.Name three of these.

Q4) __________ is NOT one of three elements of common law burglary.

A)Occurring at any time of the day

B)Entrance of the mansion or dwelling house or curtilage of another

C)The intent to commit a felony

D)Breaking and entering

Q5) If one achieved entry through an open outer door with consent,breaking into an inner door of a building is not considered burglary.

A)True

B)False

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Chapter 11: Crimes Against Property

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Q1) A substantial movement of another person's property is required for a thief to exercise dominion and control over it.

A)True

B)False

Q2) Property that is "on" a person can be on the person,attached to the person,or within a place (such as a safe or locker)that only that person has control of.

A)True

B)False

Q3) Based on the Florida example that is provided in your textbook,what are the four essential elements of robbery?

Q4) Larceny from a person differs from robbery in that robbery requires the additional element of

A)a minimal property value.

B)permanently depriving the owner of his or her property.

C)taking by fear or force.

D)using a weapon.

Q5) Embezzlement is a common law crime created to resolve statutory inadequacies.

A)True B)False

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Chapter 12: White-Collar Crimes

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Q1) One prosecution of mail fraud that is primarily used to protect citizens from dishonest public officials is taken under the

A)Food,Drug and Cosmetics Act (FDCA).

B)intangible rights theory.

C)Sherman Antitrust Act.

D)Clayton Antitrust Act.

Q2) Antitrust laws protect trade and commerce from restraints,monopolies,price-fixing,and price discrimination.

A)True

B)False

Q3) What are the four primary elements of securities fraud?

Q4) An item has been subject to discrimination when its ingredients are poisonous,filthy,putrid,otherwise unsanitary,or have been contaminated.

A)True

B)False

Q5) If mailing occurs after a fraud scheme is completed,the mailing element is usually still satisfied.

A)True

B)False

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Chapter 13: Crimes Against Public Order, safety, and Morality

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Sample Questions

Q1) In the debate to decriminalize victimless crimes,__________ is NOT included.

A)DUI

B)Gambling

C)Prostitution

D)Sodomy

Q2) Currently,federal law prohibits the interstate and foreign transportation of obscene matters

A)by importation.

B)for sale or distribution by mail.

C)by transport via common carrier,broadcast,and private conveyance.

D)All the above are correct.

Q3) To convict a person of lewdness,it must be shown that person exposes himself or herself in

A)in a private indoor room.

B)in the presence of another.

C)the closed stall of a public restroom.

D)a clothing-optional resort.

Q4) A meeting could begin as a lawful assembly but develop into an unlawful one.

A)True

B)False

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Chapter 14: Drug-And Alcohol-Related Crimes

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Sample Questions

Q1) In 1919,Congress passed the ___,which contained the enforcement procedures needed to implement Prohibition.

A)Boggs Act

B)Harrison Narcotics Act

C)Marijuana Tax Act

D)Volstead Act

Q2) What was the reasoning behind Prohibition,and what was its actual outcome?

Q3) Alcohol is most often associated with the offense of

A)driving under the influence.

B)unlawful assembly.

C)vagrancy.

D)vehicular homicide.

Q4) The crime of drug loitering requires

A)proof of the possession of a controlled substance while in public.

B)proof of the delivery of a controlled substance in a public place.

C)an action done in public that manifests the intent to engage in illegal drug activity.

D)proof of the presence of a controlled substance somewhere in public view.

Q5) Name four of the five proposals for harm reduction that are named in your textbook.

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Chapter 15: Crimes Against the Administration of Justice

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Q1) In general,the term "obstruction of justice" can be defined as

A)offenses that are committed by those in positions of authority,such as corporate officers and political contributors.

B)offenses that are committed by citizens who wish to protest the existing legal system through lawsuits and civil disobedience.

C)offenses that are committed by citizens who try to disrupt the legal system.

D)offenses that are committed by people in jail or prison.

Q2) An agreement by which a plaintiff or victim agrees to drop criminal and civil charges in exchange for money is generally considered bribery.

A)True

B)False

Q3) Your textbook gives five general examples of obstruction of justice.Name four of these.

Q4) Direct contempt does not present the same issues as does direct contempt because it does not attempt to openly disrupt or interfere with court proceedings as they occur.

A)True

B)False

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Chapter 16: Organized Crime,gangs,and Terrorism

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Sample Questions

Q1) A typical organized crime structure can be compared to that of any type of legitimate business or organization.

A)True

B)False

Q2) The Money Laundering Control Act of 1986 (MLCA)was enacted in response to

A)widespread,but not thorough,compliance with the banking reporting statutes.

B)extortion that resulted from the booming cocaine trade of the 1980s.

C)money laundering as a result of the failures of banks to provide legitimate loans.

D)money laundering that resulted from the booming cocaine trade of the 1980s.

Q3) Bosses of organized crime families are NOT selected for their

A)ethnic group.

B)prior history with the group.

C)family ties.

D)investment portfolio.

Q4) __________ is NOT a common example of terrorism.

A)Attacking strictly military targets

B)Kidnapping or taking people hostage

C)Bombings

D)Hijacking of airplanes or other vehicles

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