Criminal Law Concepts Quiz

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Questions and Answers

What is the main consequence of Stand Your Ground Laws?

They mandate that all conflicts must be reported to authorities.

They require individuals to retreat before using force.

They have made police less effective in preventing violence.

They eliminate the legal expectation of last resort before defense. (correct)

Under the M'Naghten Rule, what must be demonstrated for a defendant to be considered Not Guilty by Reason of Insanity?

The defendant did not know their actions were wrong due to a mental defect. (correct)

The defendant was forced to commit the crime.

The defendant was diagnosed with a specific personality disorder.

The defendant was aware but unable to control their actions.

Which of the following defenses involves claiming that the individual was compelled to commit a crime?

Irresistible Impulse Test

Duress (correct)

Competence

Insanity

What is the primary concern police have regarding Stand Your Ground Laws?

They may increase the likelihood of lethal conflicts. Signup and view all the answers

Which test assesses whether a person's actions are a product of mental illness?

Durham Test Signup and view all the answers

What characteristic distinguishes minimum security prisons from other types?

They may not have guards or fences. Signup and view all the answers

In which type of prison are individuals awaiting trial or bail typically held?

Jail Signup and view all the answers

What is the primary purpose of a Protective Custody Unit (PCU)?

To safeguard prisoners at risk from others. Signup and view all the answers

What does Administrative Segregation (Ad Seg) entail?

Confining inmates due to rule violations. Signup and view all the answers

Which type of prison is designated for the most dangerous and high-risk prisoners?

Supermax Prison Signup and view all the answers

What is meant by the term 'inmate code' in prison environments?

Informal rules governing inmate behavior. Signup and view all the answers

What does institutionalization refer to in the context of prison?

The loss of ability to function outside of prison life. Signup and view all the answers

Which statement is true regarding the concept of 'Slaves of the State'?

The state maintains a hands-off approach towards prisoner rights. Signup and view all the answers

Which theory suggests that criminals have not evolved to function in modern society?

Atavism Theory Signup and view all the answers

What does the concept of deterrence in Classical Criminology emphasize?

More severe punishments for crimes make them less appealing. Signup and view all the answers

What is the primary focus of Differential Association Theory?

Learning criminal behavior through interactions. Signup and view all the answers

Which perspective argues that racial inequality is embedded in the criminal justice system?

Critical Criminology Signup and view all the answers

Which theory categorizes individuals as 'innovators', 'ritualists', 'retreatists', and 'rebels'?

Strain Theory Signup and view all the answers

What was a primary function of police during the medieval period?

Protect government interests. Signup and view all the answers

Which form of policing involves responding to crime after it occurs?

Passive policing Signup and view all the answers

Which criminological perspective focuses heavily on the socio-economic class struggles?

Critical Criminology Signup and view all the answers

What does the term 'social disorganization' in criminology refer to?

The breakdown of social institutions leading to crime. Signup and view all the answers

What was the main purpose of the Rape Shield Law?

To protect sexual history from being used against victims in court. Signup and view all the answers

How do environmental crimes, according to Green Criminology, primarily differ from conventional crimes?

They often lack a clear perpetrator. Signup and view all the answers

What kind of policing does 'entrapment' refer to?

Attempting to get a suspect to commit a crime. Signup and view all the answers

Which approach emphasizes that a person is more likely to continue criminal behavior after accepting a criminal label?

Labeling Theory Signup and view all the answers

Which of the following is often considered a limitation of Classical Criminology?

Favors harsher punishments without addressing root causes. Signup and view all the answers

What is the primary obligation of defense attorneys in a legal case?

To protect their client within the law Signup and view all the answers

Which statement best describes the role of a judge in the courtroom?

Serves as a legal expert and finds the law Signup and view all the answers

What is a nolo contendere plea?

A plea where the defendant accepts punishment without admitting guilt Signup and view all the answers

What action allows a defendant to be released prior to trial based on their promise to return?

Released on Recognizance (ROR) Signup and view all the answers

In a bench trial, who serves as the finder of fact?

The judge Signup and view all the answers

What is required for an indictment to occur?

Presentation of evidence to a grand jury Signup and view all the answers

Which of the following is NOT a duty of a federal prosecutor?

Representing defendants in court Signup and view all the answers

What determines if bail will be granted to a defendant?

The seriousness of the charges and community ties Signup and view all the answers

What is meant by judicial activism?

Judges interpret laws according to personal or political views Signup and view all the answers

Which scenario illustrates an indigent defendant's rights under Gideon v. Wainwright?

A defendant receiving government-funded legal representation Signup and view all the answers

What is the purpose of a motion for discovery?

To obtain evidence from the prosecution Signup and view all the answers

Which factors influence a judge's sentencing recommendations?

The defendant's personal history and societal context Signup and view all the answers

What happens during the initial appearance before a judge?

Charges are read and bail is considered Signup and view all the answers

Which term describes when an attorney represents a defendant without compensation?

Pro bono work Signup and view all the answers

What is the primary role of sheriffs in the context of policing?

Enforce health codes and laws at the county level Signup and view all the answers

What is required for a police officer to conduct a search without a warrant?

Probable cause Signup and view all the answers

Which of the following accurately describes the purpose of stop and frisk (Terry Stop)?

Only requires reasonable suspicion Signup and view all the answers

How does police discretion affect interactions with the public?

It allows officers to determine how to handle a situation Signup and view all the answers

What does the exclusionary rule entail?

Evidence gathered unlawfully cannot be used in court Signup and view all the answers

In what situation is the use of force by officers generally allowed?

When the suspect flees from a crime scene Signup and view all the answers

What distinguishes a uniformed officer from a detective?

Detectives undergo specialized training for investigations Signup and view all the answers

Which division of police is primarily responsible for federal law enforcement?

FBI Signup and view all the answers

What is the 'Fruit of the Poisonous Tree' doctrine?

Evidence obtained unlawfully cannot be used, including subsequent evidence Signup and view all the answers

What does an officer need to conduct a legal traffic stop?

Traffic violation or reasonable suspicion Signup and view all the answers

What typically differentiates specially trained officers, like SWAT, from regular police?

They are trained for high-risk situations Signup and view all the answers

Which of the following describes a police officer's ability to handle criminal activity at their discretion?

They can choose to issue a warning or citation Signup and view all the answers

What type of officer is primarily responsible for managing police budgets and personnel?

Captain/Sargeant Signup and view all the answers

What principle does the 4th Amendment support regarding searches and seizures?

Unreasonable searches and seizures are prohibited Signup and view all the answers

What is the primary goal of retributivism in terms of legal punishment?

To respect individuals' choices in breaking the law Signup and view all the answers

Which punishment method was intended to serve as a lesson to the public?

Execution Signup and view all the answers

What approach was characteristic of the Eastern State Penitentiary?

Isolation for spiritual reflection Signup and view all the answers

What was a key feature of the indeterminate sentence system?

Encouragement of good behavior for a potentially shorter sentence Signup and view all the answers

What major societal issue led to changes in prison labor models during the Great Depression?

High unemployment rates affecting the economy Signup and view all the answers

Which movement challenged the effectiveness of traditional psychiatric rehabilitation methods?

The Anti-Psychiatry Movement Signup and view all the answers

What was a consequence of the War on Drugs that took effect starting in the 1980s?

Dramatic increase in the incarceration rate Signup and view all the answers

What is one argument against the private prison system?

They encourage the imprisonment of more individuals for profit Signup and view all the answers

Which of the following describes the concept of 'prison industrial complex'?

Government investment in prison infrastructure for economic growth Signup and view all the answers

What is a PSIR in the context of sentencing?

Pre-sentencing investigative report detailing an offender's background Signup and view all the answers

What is the main focus of the Victim Impact Statement during sentencing?

To convey the emotional and physical effects on the victim Signup and view all the answers

Which type of punishment is characterized by physical pain or disfigurement?

Corporal punishment Signup and view all the answers

What practice emerged in the rehibilitative era of the early 1970s?

Use of therapeutic methods in prisons Signup and view all the answers

What effect did the Quakers have on prison reform in the 19th century?

They promoted a system of isolation and reflection Signup and view all the answers

Study Notes

Final Exam Information

The exam will be 60 questions, non-comprehensive, focusing on recent information
There will be 30 comprehensive questions, covering the entire course material, excluding names and real-world cases.

Criminal Law

Criminal justice system: connected institutions responding to crime
Legal definitions of crimes
Malum prohibitum: acts wrong due to being prohibited
Malum in se: acts inherently wrong
Natural law: a higher law to be obeyed even if it contradicts the law
Moral relativism: differing moral codes
Collective consciousness: social bonds within a society
Treason: crime defined by the constitution
Espionage: crime of spying
Tax evasion: actively trying to disrupt the US government
Sedition: crime actively trying to overthrow the American government
Victimless crimes: crimes against oneself rather than another person (ex: drug trafficking, prostitution)
Categorizing crimes by victim and location (street vs. domestic)
White-collar crime: crimes in the workplace for personal gain
- Embezzlement
- Ponzi schemes
- Corporate crime (sophisticated cons)

Measuring Crime

Crime rate: often misleading or flawed
Older people are more fearful of crime, while young men are more likely to be the victims
Young women perceive and experience crime differently
Police data is sent for crime tracking statistics
Uniform Crime Report (UCR): over 100 years old. Free data source
National Incident Based Reporting System (NIBRS)
Differences in numbers between arrest and convictions
Crime rate statistics can be misinterpreted

Substantive Criminal Law

Actus Reus + Mens Rea = crime (bad act + mental state)
Actus Reus: committing a crime (ex: unlawful killing + malice aforethought)
Mens Rea: the intent to commit the crime
Example concepts: conspiracy to commit murder, attempt (trying to commit a crime but not finishing it), and solicitation

Criminal Defenses

Anything that exonerates a client or reduces punishment
Failure of proof: “I didn’t do it”
Not guilty vs. innocent (prosecution has to prove guilt beyond a reasonable doubt)
Justification: “I did it but it was the right thing to do” (ex: self-defense)
Self-defense
- Last resort
- Proportionate response
- Reasonable belief
- Non-aggressor

Criminal Behavior

Do people commit crimes because they are evil?
Enlightenment era philosopher
Jeremy Bentham

Theories of Crime

Biological/evolutionary theories: Phrenology and neurocriminology (racist comparisons of skulls)
Psychological theories: emotional/cognitive makeup of a person (ex: Sigmund Freud)
Sociobiological theories:
Sociological theories: Strain Theory, Structural Racism
Criminal behavior learned from others directly

Criminology – Specific Areas

Queer Criminology, Green Criminology, Critical Race Theories

Illegal Activities

Illegal waste dumping: disobeying environmental regulations

Criminal Justice Systems

Police function as the heart of the system
Handling people who step out of line—warnings, arrests, maintaining order
Public assistance, active vs. passive approaches (preventive measures)
Sting operations to entrap criminals
Formal policing: requiring bureaucracy, record keeping
Informal policing: providing flexibility with interaction

Federal Policing

Federal crime (19th - 20th centuries)
Mann Act
Creation of the FBI
The Volstead Act
Prohibition (banning of alcohol)
Federal officers took over the Volstead Act
Public interaction with police
Role of technology

Community Policing

Koban (police stations)
Building trust with community members
Broken windows theory: addresses issues in high-crime areas

Courts

Epistemology: study of knowledge and truth
Epistemological function: determining if guilty or innocent
Trials: ask a narrow question of whether person committed crime, often involving deliberation and discussion
Punitive function: determining degree of punishment
Apartheid
Truth and Reconciliation Commission (TRC): used in South Africa

Trials

Pre-trial motions
Indictment requirements
Bail amount and processes
Types of Evidence
Motion to suppress
Jury and jury selection
Closing statements

Legal Mistakes in Trial

Re-evaluating trial decisions when legal errors were made

Appeals

Appellate courts review the lower courts' decisions
Reversal of a conviction due to legal mistakes

Punishment

Deterrence, rehabilitation, incapacitation, and retribution
Emmanuel Kant’s arguments for punishment
Punishments changed over time, such as from executions in public to being more private
Prisons and their functions
Prison Industrial Complex (incentivizes imprisonment due to financial gain)

Probation and Parole

Alternatives to incarceration
Incentives for good behavior in prison, parole and probation are monitored.

Restorative Justice

Focusing on healing the victims and offenders instead of punishment.

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Description

Test your knowledge on important concepts related to criminal law, including Stand Your Ground Laws and the M'Naghten Rule. This quiz covers various defenses and mental health assessments that may influence legal outcomes. Dive in to see how well you understand these critical legal principles!