SURVEY OF CRIMINAL JUSTICE CRIMINAL JUSTICE 101 QUIZ # 3 TRUE/FALSE ______ 1. A crime is an act or prohibited by law, the violation of which is prosecuted by the state in a judicial proceeding in a court of its own name. ______ 2. If there is no specific law against it, then it's not a crime, and defense might file a Writ of Demurrer. ______ 3. Corpus delicti is the act of the crime. ______ 4. An individual is not civilly liable if they lack the capacity to appreciate the wrongness of their conduct. ______ 5. Carnal knowledge necessary for purposes of sexual assault can be achieved by any kind of undesired sexual contact. MULTIPLE CHOICE ______ 1. The standard of proof needed for conviction in a criminal trial is: A. preponderance of evidence B. clear and convincing C. probable cause D. beyond reasonable doubt ______ 2. While there are exceptions, generally in order for the police to conduct a standard constitutionally- based search and seizure, the minimum standard of proof needed is: A. probable cause B. reasonable suspicion C. preponderance of evidence D. clear and convincing ______ 3. Which of the following represents the level of intent from least to greatest? A. negligence, reckless, general intent, malicious, premeditated B. negligence, general intent, reckless, premeditated, malicious C. general intent, negligence, malicious, reckless, premeditated D. general intent, reckless, malicious, negligence, premeditated ______ 4. __________ is breaking and entering into the dwelling of another with the intent to commit a felony. A. burglary B. robbery C. larceny D. trespassing ______ 5. Which of the following is NOT considered larceny? A. white-collar crime B. illegal campaign contributions C. receiving stolen property D. check kiting FILL IN THE BLANK 1. __________ is a theatrical due process notion that equates to a 99% standard of proof. 2. The phenomenon that says that severe penalties aren't implemented very often and are implemented is a biased fashion. It also says less severe penalties are implemented often and in a non-biased fashion is the __________ __________ _________ Phenomenon. 3. The 1939 Supreme Court case regarding the right to bear arms and a well-regulated militia was __________. 4. __________ is false production or alteration with intent to defraud. 5. __________ is the term for level of intent. MATCHING ______ Social Contract Theory A. Behavior is learned, depending on the duration, intensity, and frequency of interactions. ______ Differential Opportunity B. People drift in and out of deviance. ______ Pre-Classical Theory C. We become members of society and agree to abide by society's rules. ______ Differential Association D. Beccaria believed that the guilt and responsibility lies with the individual. ______ Cultural Determinism E. Blames society, the state, environment, culture. ______ Classical Theory F. People know what they want but don't have legitimate means of getting it, so they do what they have to. ______ Drift Theory G. Behavior is caused by other world factors: the devil made me do it. ANSWER KEY QUIZ # 3 TRUE/FALSE 1. True 2. True 3. False - Actus Reus is the act of the crime 4. False - an individual is not CRIMINALLY liable 5. True MULTIPLE CHOICE 1. D - beyond a reasonable doubt 2. A - probable cause 3. A - negligence, reckless, general intent, malicious, premeditated 4. A - burglary 5. C - receiving stolen property FILL IN THE BLANK 1. Beyond a shadow of a doubt 2. Certainty-Severity-Reciprocity Phenomenon 3. U.S. v. Miller 4. Forgery 5. Mens Rea MATCHING A - Differential Association B - Drift Theory C - Social Contract Theory D - Classical Theory E - Cultural Determinism F - Differential Opportunity G - Pre-Classical Theory