SURVEY OF CRIMINAL JUSTICE

CRIMINAL JUSTICE 101 QUIZ # 5

 

TRUE/FALSE 

1.  To be successful in an insanity plea, the general rule of law is that the defense must demonstrate at the preponderance level, that the defendant lacked the capacity to appreciate the wrongfulness of their conduct.   

 

2. Arson is willfully and maliciously burning of the dwelling of another.

 

3.  To be convicted of a felony requires proof beyond a reasonable doubt, while conviction of a misdemeanor requires only proof of probable cause. 

 

4. If I bought a stereo from a guy off the streets, and it turned out that the stereo was stolen, but I did not know it was stolen, I could be charged with Receiving Stolen Property. 

 

5. If I am scared to walk on the streets at night, it is legally acceptable for me to carry a weapon in my purse or backpack. 

 

6.  A writ of demurrer is a defense claim that what transpired was not a crime.

 

7.  A crime is considered a private wrong while a tort or civil action deals with public wrongs.

 

8.  We have a constitutional right to own a handgun. 

 

9.  The Reasonable Man prong of the Corpus Delicti states that individuals are not criminally liable for remote, intervening, and superseding consequences which flowed from their acts.

 

10. The taking and carrying of the property of another by force or the threat thereof is classified as burglary.

 

 

MULTIPLE CHOICE 

1. To convict someone of a 2nd degree felony, the prosecutor must prove which minimum level of intent:

A. specific malice/maliciousness

B. general negligence

C. premeditation

D. general intent

E. recklessness

 

2. Which level of mens rea carries the highest level of criminal liability:

A. specific malice/maliciousness

B. general negligence

C. premeditation

D. general intent

E. recklessness

 

3. As discussed in class, beyond reasonable doubt can be considered:

A. 20%

B. 33%

C. 51%

D. 67%

E. 90%

F. 99.9%

 

4. As discussed in class, probable cause can be considered:

A. 20%

B. 33%

C. 51%

D. 67%

E. 90%

F. 99.9%

 

5.  What minimum level of proof is necessary to win a civil case:

A.      Probable cause.

B.      Shred of evidence.

C.      Beyond reasonable doubt.

D.      Clear and convincing.

E.      Preponderance.

F.      Reasonable suspicion.

G.      Beyond a shadow of a doubt.

H.      None of the above are correct.

 

 

 

ANSWER KEY QUIZ # 5

 

TRUE/FALSE

1. True -

2. True

3. False – conviction of any crime requires proof beyond a reasonable doubt

4. False - a key element in the offense of receiving stolen property is "knowing the same to be stolen".

5. False - this is carrying a concealed weapon, can't do this unless you have a permit/license

6. True

7. False – a crime is considered a public act; a violation of the King’s Peace.

8. True – the case of D.C. v Heller granted U.S. conferred the constitutional right to own handguns

9. True

10. False - robbery

 

MULTIPLE CHOICE

1. A

2. C

3. E

4. B

5. E