Foundations of Criminal Law Practice Questions - 672 Verified Questions

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Foundations of Criminal Law Practice Questions

Course Introduction

Foundations of Criminal Law provides a comprehensive overview of the fundamental principles and structures that underpin the criminal justice system. This course explores key legal concepts such as crime definitions, elements of criminal liability, defenses, and the roles of intent and responsibility. Students will examine major categories of crimes, interpret statutory provisions, and consider the philosophical and policy objectives behind criminal law. Through case analysis and discussion, the course encourages a critical approach to understanding how laws are created, interpreted, and applied, as well as their broader social implications.

Recommended Textbook

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

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16 Chapters

672 Verified Questions

672 Flashcards

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

Operation of the Criminal Justice System

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Sample Questions

Q1) When the 13 colonies were established in America,they adopted England's A)reform movement.

B)common law.

C)system of torts.

D)Napoleonic Law.

Answer: B

Q2) The purpose of a preliminary hearing is for a judge to determine whether there is probable cause for the accused to answer to the crime charged.

A)True

B)False

Answer: True

Q3) The criminal process most often begins with A)an arrest.

B)an indictment.

C)a conviction.

D)sentencing.

Answer: A

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Chapter 2: Constitutional Limitations on the Criminal Law

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Q1) Neither the U.S.Congress nor state legislatures enact laws that will raise constitutional problems.

A)True

B)False

Answer: False

Q2) Discuss the significance of Weems v.United States and Robinson v.California to the Eighth Amendment.

Answer: In Weems v.United States (1910),Weems,an officer of the Bureau of the Coast Guard and Transportation of the United States Government of the Philippine Islands,was convicted of falsifying a "public and official" document.He was sentenced to 15 years' incarceration at the hard labor with chains on his ankles.The Supreme Court judged this punishment to be excessive and thus in violation of the Eighth Amendment.In Robinson v.California (1962),the Court held that a 90-day prison sentence for violation of a California statue making it a crime to be addicted to the use of narcotics was a cruel and unusual punishment.

Q3) The U.S.Constitution defines only one crime-murder.

A)True

B)False

Answer: False

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Chapter 3: Classification of Crimes and Basic Elements of Criminal

Responsibility

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Sample Questions

Q1) Name the five elements of criminal responsibility.

Answer: Criminal responsibility has the following five elements:

The actus reus

The mens rea

A unity of actus reus and mens rea

Causation

Resulting social harm

Q2) The actus reus element is any act or omission containing the ingredients of causation and social harm.

A)True

B)False

Answer: True

Q3) The _____________ usually consists of a voluntary action.

A)omission

B)purpose

C)intent

D)actus reus

Answer: D

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Chapter 4: Parties to a Crime

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Q1) What is the difference between a feigning primary party and an agent provocateur?

Q2) Some jurisdictions refuse to extend accomplice liability to those who encourage negligent or reckless behavior because there is no intent for the criminal outcome.

A)True

B)False

Q3) An accessory after the fact might provide the principal or accomplices several forms of aid and assistance,including

A)getting a plane ticket to fly from somewhere else back to where the crime was committed

B)counseling to help the offenders take responsibility for their actions

C)a place to hide.

D)giving directions when asked by the principle.

Q4) Under the MPC,accomplice liability rests on

A)accountability.

B)instrumentality.

C)conspiracy.

D)agency theory.

Q5) What are the three criteria used by the MPC to define an accomplice?

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Chapter 5: Incomplete Crimes

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Q1) Only after the _______ of a criminal act is a person is liable for criminal punishment under Anglo-American law.

A)second stage

B)third stage

C)fourth stage

D)sixth stage

Q2) It is generally accepted that a defendant cannot be held liable for an attempt unless he or she has committed

A)the guilty state of mind,or intent.

B)the actus reus to further his or her plan.

C)the final step of completing the crime.

D)the initial thoughts or desires to commit a crime.

Q3) In 1784,the English court first recognized the crime of attempt in

A)Rex v.Higgins.

B)People v.Orndorff.

C)Regina v.Eagleton.

D)Rex v.Scofield.

Q4) Inchoate crimes also have actus reus and mens rea requirements.

A)True

B)False

Page 7

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Chapter 6: Defenses to Crimes

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Sample Questions

Q1) The MPC requires that the device must __________ to be considered a non-deadly mechanical device.

A)be designed to cause or create a substantial risk of death or serious injury

B)carry automatic ammunition and have a shroud

C)be unreasonable under the circumstances

D)be customarily used for the purpose of protection

Q2) The sanity of an accused can NOT be determined by the ____________ in the U.S.

A)M'Naghten (right-wrong)test

B)federal test

C)product test

D)American Law Institute test

Q3) 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

Q4) Name the four situations in which law enforcement officers are authorized to use non-deadly force.

Q5) Under common law,a person is justified in violating a criminal law if six elements are present.Name four of these.

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Chapter 7: Punishment and Sentencing

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Sample Questions

Q1) When the government intentionally inflicts pain or loss of liberty on the person who has been convicted of a crime,it is called

A)incarceration.

B)punishment.

C)parole.

D)probation.

Q2) Punishment is not exclusively meted out through the criminal justice system or the criminal law.

A)True

B)False

Q3) 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.

Q4) Many states rely exclusively on common law to define their crimes.

A)True

B)False

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Chapter 8: Criminal Homicide

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Sample Questions

Q1) Medical malpractice and the intervening criminal acts of others are foreseeable consequences of subjecting an innocent victim to injury.

A)True

B)False

Q2) The MPC does not include __________ as a category of criminal homicide.

A)feticide

B)manslaughter

C)murder

D)negligent homicide

Q3) Voluntary manslaughter is an intentional,unlawful killing of a human being without malice aforethought.

A)True

B)False

Q4) __________ is NOT an example of murder?

A)"The accused causes a death in the course of committing a misdemeanor"

B)"Any killing that results from extreme reckless conduct"

C)"The accused causes a death in the course of committing a felony"

D)"The actor intends to maim or seriously injure the victim but not kill the victim"

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Chapter 9: Crimes Against Persons: Other Offenses

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Sample Questions

Q1) Child abuse can include

A)emotional torment.

B)sexual molestation.

C)physical abuse.

D)All the above are correct.

Q2) Megan's Law requires community notification by authorities when a convicted sex offender is released from prison.

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) Although mere words usually are not enough to charge a person with assault,words accompanied by some movement may be sufficient.

A)True

B)False

Q5) What are the two definitions of assault?

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Chapter 10: Crimes Against Habitation

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Q1) __________ does NOT infer intent?

A)The time of entry

B)The amount of cash the perpetrator is carrying

C)Possession of a weapon or burglar tools

D)The type of building entered

Q2) When a crime requires a mens rea of specific intent,a person is culpable only if he or she voluntarily commits the underlying criminal act or acts

A)by accident or carelessness.

B)with the intent to achieve a particular result.

C)out of negligence or recklessness.

D)by mistake.

Q3) 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

Q4) Almost universally today,arson is a specific intent crime.

A)True

B)False

Q5) Name the three elements of burglary.

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Chapter 11: Crimes Against Property

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Sample Questions

Q1) A relationship between the defendant and the stolen goods when it is reasonable to treat the extent of the defendant's dominion and control over the property as if it were true possession is called __________ possession.

A)actual

B)constructive

C)unexplained

D)mere

Q2) A(n)__________ may have substantial value,but it could be difficult to identify the owner.

A)purse containing cash and a driver's license

B)wallet containing several credit cards

C)$20 bill

D)sports club membership I.D.

Q3) __________ is one of the elements of the common law crime of extortion.

A)A fee that is actually received by a private citizen

B)Seeking a lawful fee

C)an unlawful fee collected under color of office

D)None of the above is correct.

Q4) Name the four elements of larceny.

Q5) What are the three essential elements of receiving stolen property?

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Chapter 12: White-Collar Crimes

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Sample Questions

Q1) Explain the differences between horizontal price-fixing and vertical price-fixing.

Q2) Mail fraud is often charged together with A)securities fraud.

B)substantive fraud.

C)impure food and drug charges.

D)antitrust violations.

Q3) A monopolization conviction requires the prosecution to prove the A)possession of a monopoly power,but not including the power to control or fix prices and unreasonably restrict or exclude competition in a relevant market.

B)willful acquisition or maintenance of such power through lawful means,such as from fair competitive practices such as high quality products,business acumen,or historical accident.

C)possession of a monopoly power,which includes the power to control or fix prices and unreasonably restrict or exclude competition in a relevant market.

D)willful acquisition or maintenance of such power through scattered unlawful means,but primarily from fair competitive practices such as high quality products,business acumen,or historical accident.

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

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Sample Questions

Q1) Explain the significance of Papachristou v.City of Jacksonville to vagrancy laws.

Q2) Gambling is NOT legal in

A)San Francisco,CA.

B)Atlantic City,NJ.

C)Carson City,NV.

D)Indian reservations in several states.

Q3) It is important to note that the offense of prostitution does not consist of the sexual act itself; rather,it is the agreement to participate in sexual activity for compensation.

A)True

B)False

Q4) The MPC establishes an affirmative defense to a charge of obscenity if dissemination is restricted to noncommercial dissemination to personal associates of the actor.

A)True

B)False

Q5) Public exposure may occur only on public property.

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) A(n)__________ is not an example of drug paraphernalia.

A)hypodermic needle

B)bong

C)rolling paper

D)lighter

Q3) Most states do not prohibit the transportation of a controlled substance in a vehicle.

A)True

B)False

Q4) What is a drug conspiracy,and how can this offense be established?

Q5) Narcotics addiction is the repeated or uncontrolled use of controlled substances.

A)True

B)False

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Chapter 15: Crimes Against the Administration of Justice

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Sample Questions

Q1) Most businesses that make campaign contributions,gratuities,and entertainment of some sort to an entity hoping for some type of favors,but it only becomes bribery when

A)both parties are caught.

B)the recipient engages in an unethical political practice on behalf of the giver.

C)when the payer and the recipient agree to a set schedule for "gifts."

D)when there is an agreement between the payer and the recipient that the briber expects "something for something".

Q2) In general,the exploitation of public power for personal gain defines the modern concept of:

A)perjury.

B)witness tampering.

C)bribery.

D)obstruction of justice.

Q3) __________ is NOT a characteristic of perjury?

A)A false statement under affirmation.

B)Accepting or soliciting illegal payments as a public official.

C)Affirming the truth of a statement previously made.

D)none of these

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Chapter 16: Organized Crime,gangs,and Terrorism

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Sample Questions

Q1) Under federal sentencing laws,a defendant convicted of contempt may be given additional prison time if the prosecutor can prove that he or she is a serious gang member.

A)True

B)False

Q2) Prohibition and most organized crime ended in 1933.

A)True

B)False

Q3) A continuing criminal enterprise requires that the crime is

A)committed in concert with ten or more persons.

B)by friends.

C)a felony violation of federal narcotics laws.

D)committed as a single act.

Q4) Almost every ethnic group in America contains organized crime syndicates.

A)True

B)False

Q5) The Anti-Drug Abuse Act of 1986 provides stiff penalties for certain types of monetary manipulation.

A)True

B)False

Page 18

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