Chapter 2

Criminal Law: The Foundations of Criminal Justice

Multiple Choice (Nine of mine, and one of yours!) one point:

1. The law-making function lies in which body of government in the United States?

a) judicial

b) legislative

c) executive

d) none of the above

2. Which of the following is a part of case law?

a) interpreting existing law

b) looking at relevant precedent decisions

c) making judgments about the legitimacy of the law

d) all of the above

3. Which of the following is an element of the official definition of a crime?

a) unintentional act

b) committed with a reasonable defense

c) punishable by the state

d) all of the above

4. Offenses such as murder and rape are considered to be:

a) mala in se

b) mala prohibita

c) Both a and b

d) Neither a nor b

5. Offenses such as prostitution and gambling are known as:

a) mala in se

b) mala prohibita

c) Both a and b

d) Neither a nor b

6. Typically, the maximum sentence for misdemeanor offenses is:

a) death

b) fine

c) loss of voting privileges

d) up to one year in jail

7. A defense in which a person admits responsibility, but argues that under the circumstances, what he or she did was right is considered:

a) justification

b) excuse

c) admission

d) none of the above

8. When a defendant claims he had diminished control over his actions due to the influence of alcohol, drugs, or narcotics, he is using what defense?

a) intoxication

b) entrapment

c) insanity

d) mistake

9. The legal protection for defendants that does not allow them to be tried a second time for an offense after they are acquitted is known as:

a) actus reus

b) double jeopardy

c) mens rae

d) statute of limitations

Write one multiple choice question over an area in chapter 2 that you read, but that we did not discuss in class:

10.

Fill in the blank (one point)

11. ______criminal law specifies how crimes are to be investigated and prosecuted.

12. Criminal law is contained in written codes called ______.

13. Actions that are considered inherently wrong or evil are known as ______offenses.

14. Offenses that are wrong because they are prohibited by criminal statutes are ______.

15. The most serious crimes, called ______, result in a more severe punishment.

Essay: (answer three of the four questions, 5 points per question)

16. Discuss the difference between mala in se crimes versus mala prohibita crimes, including the historical significance and punitive differences.

17. Describe in detail three of the tests for insanity in criminal defenses.

18. Explain the defense of entrapment and what actions are and are not permitted by police.

19. List and describe the four amendments in the Bill of Rights that provide protections in criminal trials.