SURVEY OF CRIMINAL JUSTICE CRIMINAL JUSTICE 101 QUIZ # 4 TRUE/FALSE ______ 1. If prosecutors can prove, beyond a reasonable doubt, that malicious intent was involved in a misdemeanor case, they can charge the defendant with a felony in either the second degree, third degree or fourth degree since that is the level of intent for those degrees of felony. ______ 2. The displacement phenomenon suggests that if the level of police activity is increased in one area, the number of crimes will decrease, but there will be an increase in the number of crimes committed outside of that intensely patrolled area. ______ 3. Vertical plea bargaining is where the severity of the charges are reduced. ______ 4. Social contract theory is the belief that the state is responsible to punish criminals. Bentham, Beccaria, and Blackstone are social contract theorists. ______ 5. The standard of proof in a misdemeanor case is preponderance and in a felony case it is beyond a reasonable doubt because of the seriousness of the offense. ______ 6. In a civil suit the burden of proof rests with the plantiff to demonstrate a preponderance of the evidence. ______ 7. If a police officer decided to give you a warning ticket for running a red light instead of a ticket and you say, "Thanks officer," and give him a friendly pat on the back, he can technically charge you with assault. ______ 8. Sutherland's social process theory suggests that no one is born a criminal but they become one through a process of learning from the people they associate with. ______ 9. The deterrence theory is based on the fact that we act in a rational manner. ______ 10. An individual is not criminally liable for a remote intervening consequence of an act committed. This is part of the actus rea of a crime. ______ 11. When using the insanity plea, the burden of proof rests on the defense to prove at the clear and convicing level that the defendant lacks the capacity to appreciate the wrongfulness of his conduct. ______ 12. One role of the criminal justice system is to suppress those in the lower classes so they don't disrupt the status quo. ______ 13. Aggravated assault involves the beating of a person over and over. ______ 14. The crime control model calls for strict search and seizure standards. ______ 15. Lombroso is considered the father of criminology because he suggested collecting data on crime rather than philosophying about it. ______ 16. Uniform Crime Reports and Victimization Surveys indicate there is more crime being committed than is reported. ______ 17. If a prosecutor wishes to win a first degree felony case, he must prove, beyond a reasonable doubt, that the crime was premeditated. ______ 18. Bureaucratic Gravitation Phenomenon suggests that if enough energy is put into a program in the beginning, once it is left alone the program will thrive. ______ 19. If you increase the severity of a penalty you decrease the likelihood that it will be administered so you'll increase the amount of bias used in administering it. ______ 20. Anomie suggests that everything is hopeless and all efforts at betterment of self are futile. MULTIPLE CHOICE ______ 1. The taking and carrying away of the property of another by force or the threat thereof is: A. burglary B. larceny C. robbery D. simple theft ______ 2. The key factor of deterrence is... A. severity B. clarity C. swiftness D. certainty ______ 3. The minimal standard of proof for an arrest is... A. proof beyond a reasonable doubt B. a preponderance C. probable cause D. reasonable suspicion ______ 4. Making threatening statements to a person is classified as: A. assault B. verbal assault C. aggravated assault D. battery ______ 5. Which is not an element of the due process model? A. criminal intent of little concern B. protect the innocence C. low certainty of apprehension D. protect society from revolutionary change ______ 6. Which is NOT a part of the corpus dilecti? A. actus rea B. mens rea C. nilhil nocere D. reasonable man test ______ 7. Taking and carrying away of the property of another is: A. robbery B. burglary C. embezzlement D. larceny ______ 8. If general intent is proven in a murder trial, the defendant can be charged with: A. statutory manslaughter B. voluntary manslaughter C. involuntary manslaughter D. first degree murder ______ 9. Which theorists believes in the classical theory which suggest guilt should be put on the person and we should scare people into not defying the law? A. Hobbes B. Lombroso C. Quinney D. Bentham ______ 10. Which is an element of crime control? A. protect the innocent B. allow known guilty to go free C. use of community based corrections D. frequent use of the death penalty ANSWER KEY QUIZ # 4 TRUE/FALSE 1. False - cannot change charges; petty larceny is a misdemeanor regardless of the level of intent 2. True 3. True 4. False - Bentham, Beccaria, and Blackstone are classical theorists 5. False - In all criminal cases level of proof is beyond reasonable doubt, only civil cases is it preponderance 6. True 7. True - slightest touch constitutes an assualt, technically 8. True 9. True 10. True 11. False - the standard is preponderance 12. True 13. True 14. False - crime control gives the police more freedom in making searches and seizures 15. True 16. False - victimization surveys show crimes that do not get reported and therefore don't show up on the UCR data 17. True 18. False - have to keep putting energy, effort, and money into a program in order for it to work 19. True 20. True MULTIPLE CHOICE 1. C - robbery 2. D - certainty 3. C - probable cause 4. B - verbal assault 5. A - criminal intent of little concern 6. C - nilhil nocere 7. D - larceny 8. B - voluntary manslaughter 9. D - Bentham 10. D - frequent use of the death penalty