please answer
Question 1
2.5 Points
Defense of your neighbor’s property is a justification defense.
True
False
Question 2
2.5 Points
“Three strikes” laws are intended to make sure that offenders who commit three or more misdemeanors are punished harshly.
True
False
Question 3
2.5 Points
Which of the following is not an element of “adequate provocation”?
The provocation has to be one which would provoke a reasonable person under the circumstances in this case
The provocation has to be premeditated
The defendant herself has to be provoked
It has to be a provocation the law recognizes
Question 4
2.5 Points
Two men agree to commit a murder. They buy a gun together and drive to the victim’s house together. One waits in the car while the other shoots the victim and they both driver away together. They are both guilty of murder. They are also guilty of:
Being stupid
Felony murder
Being accessories to a murder
Conspiracy to commit murder
Question 5
2.5 Points
Which of the following is not a justification defense?
Defense of others
Self-defense
Choice of evils
Defense of country
Question 6
2.5 Points
The “Principle of Proportionality” states that:
The punishment should punish the offender
The punishment should fit the crime
The punishment should be harsh
The punishment should be swift
Question 7
2.5 Points
In NY, the Good Samaritan Law imposes a legal duty upon a person to rescue or call for help for a stranger in danger.
True
False
Question 8
2.5 Points
Because the United States is a Constitutional Democracy, the majority of voters may pass laws that make crimes out of conduct protected by the Constitution.
True
False
Question 9
2.5 Points
The reason so few insanity defenses are obtained is because it is considered too easy to fake an insanity defense.
True
False
Question 10
2.5 Points
The right to privacy is contained in the 4th and 6th Amendments to the U.S. Constitution
True
False
Question 11
2.5 Points
Which of the following is not a word used to describe the intent to commit criminal acts?
Unintentional
Willful
Calculated
Deliberate
Question 12
2.5 Points
The “McNaughtan Rule” is a right-wrong test of insanity.
True
False
Question 13
2.5 Points
A verdict of “not guilty” means the person has been declared innocent.
True
False
Question 14
2.5 Points
The “Principle of Legality” insures that the individual has to have notice of what the law prohibits and what the punishment for the violation is.
True
False
Question 15
2.5 Points
“Mens rea” translates to “guilty mind” or “evil mind.”
True
False
Question 16
2.5 Points
We distinguish misdemeanors from felonies by saying that misdemeanors are punishable by:
Hard labor in a chain gang
More than a year in jail
Less than a year in jail
Probation
Question 17
2.5 Points
Which of the following is an accurate summation of the “stand-your-ground” rule?
You may shoot to kill even if you did start the fight
You may shoot to kill if you didn’t start the fight
If you started the fight, you may shoot to kill as long as you warned the victim you have a gun
If you didn’t start the fight, you can kill to defend yourself without retreating from a place you have a right to be
Question 18
2.5 Points
One of the criticisms of the use of police and prosecutorial discretion is that, as a practical matter, the power to charge, or not charge, people with crimes turns the police and prosecutors into judges.
True
False
Question 19
2.5 Points
The right to remain silent comes from which Amendment to the Constitution?
The First Amendment
The Fourth Amendment
The Fourteenth Amendment
The Fifth Amendment
Question 20
2.5 Points
Which of the following is not a threshold for criminal liability?
Is there criminal conduct?
Is the conduct an accident?
Is the conduct excused?
Is the conduct justified?
Question 21
2.5 Points
Justification and excuse are affirmative defenses.
True
False
Question 22
2.5 Points
Criminal homicide is the most serious of crimes and is also the crime that occurs the most.
True
False
Question 23
2.5 Points
A “penumbra” right means:
An implied Constitutional right
A right given in the Constitution
A right specifically omitted from the Constitution
A right reserved to the states by the Constitution
Question 24
2.5 Points
Which of the following is a source of criminal law?
International codes
Native American codes
State criminal codes
Morse codes
Question 25
2.5 Points
The concept that mental attitudes have to be turned into actions for a crime to be committed is known as “manifest destiny”.
True
False
Question 26
2.5 Points
In modern statutes, which words are used to describe accomplices:
Partner in crime
Partner in law
Persist and desist
Aiding and abetting
Question 27
2.5 Points
Which of the following is not an aggravating factor when determining a sentence for homicide?
The murder was committed for the convenience of the defendant
The defendant knowingly created a great risk of death to other persons
The murder was committed by a convict under sentence of imprisonment
The murder was committed for pecuniary gain (money)
Question 28
2.5 Points
Motive is often said to be irrelevant to criminal liability
True
False
Question 29
2.5 Points
The heart of the concept of self-defense is:
Responsibility
Acceptability
Necessity
Reliability
Question 30
2.5 Points
An “accessory” is a participant both before and during a crime.
True
False
Question 31
2.5 Points
Which of the following is not a circumstance of self-defense?
It’s for prevention only
The necessity is great
The necessity is to prevent bad behavior
The necessity exists right now
Question 32
2.5 Points
Which of the following is not an element to a crime that the prosecution must prove beyond a reasonable doubt?
Criminal content (contentus criminalis)
Criminal intent (mens rea)
Criminal act (actus reus)
Concurrence
Question 33
2.5 Points
In a murder trial, “bifurcation procedure” refers to:
Two defendant committing two separate crimes
A trial to determine guilt and if there is a guilty verdict a separate trial to determine whether the death penalty will be imposed
Using a motorcycle as a getaway vehicle
Two different defendants making bail
Question 34
2.5 Points
The difference between a crime and a tort is that a crime is punishable by the state and a tort may be punished by both the state and civil penalties.
True
False
Question 35
2.5 Points
When we brief a case, we put the location in so that we know where the case took place.
True
False
Question 36
2.5 Points
Which of the following is a category of expression protected by the First Amendment?
Clear and present danger
Protesting animal cruelty
Fighting words
Obscenity
Question 37
2.5 Points
Which of the following is an aggrevating factor when considering sentencing a defendant for murder?
The defendant acted under duress or the domination of another person
The defendant has no significant previous criminal history
The victim was a participant in the homicidal conduct or consented to the homicidal act
The defendant previously committed another murder involving the use or threat of violence to another person
Question 38
2.5 Points
Insanity is an exception to a “perfect defense” because the defendant doesn’t usually go free.
True
False
Question 39
2.5 Points
Which of the following is not a factor a juvenile court will look at when determining if it should give up its jurisdiction to the adult criminal court?
The juvenile’s record of adoption
The seriousness of the offense
The prior record of the juvenile
The threat of the juvenile to public safety
Question 40
2.5 Points
The Constitution prohibits the making of “ex post facto” laws.
True
False
