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Test Bank For Criminal Law 11th Edition Joel Samaha
Test Bank For Criminal Law 11th Edition Joel Samaha
6. What thought process says that human beings seek pleasure and avoid pain?
a. rationalism.
b. hedonism.
c. minimalization.
d. rationalization.
ANS: B REF: p. 26 OBJ: 4
8. Principles that apply to more than one crime are included in which part of the criminal
law?
a. the general part.
b. the special part.
c. the general part and the special part.
d. none of these answers is correct.
ANS: A REF: p. 15 OBJ: 2
9. To obtain a conviction, the prosecution must prove every element of the offense
a. by a preponderance of the evidence.
b. beyond a reasonable doubt.
c. by showing probable cause.
d. beyond a shadow of a doubt.
ANS: B REF: p. 15 OBJ: 5
10. Which of the following is not one of the criteria required for criminal punishment?
a. The penalty inflicts pain or unpleasant consequences.
b. The penalty inflicts pain that is perceived by the public to be appropriate.
c. The penalty is administered intentionally.
d. The penalty inflicts enough pain so the offender experiences the full extent of
society’s disapproval.
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11. Which theory of crime focuses on an ‘eye for an eye’ mentality and emphasizes on getting
even?
a. retribution
b. rehabilitation
c. general deterrence
d. Incapacitation
ANS: A REF: p. 24 OBJ: 4
12. The theory of punishment that includes the idea that it is right to hate criminals and
they deserve to be punished proportionate to the harm they have done is the theory of
a. incapacitation.
b. special deterrence.
c. retribution.
d. general deterrence.
ANS: C REF: p. 24 OBJ: 4
13. The police decision to investigate or not is an example of what kind of decision
making?
a. indiscriminate
b. discretionary
c. political
d. appropriate
ANS: B REF: p. 23-24 OBJ: 6
14. Who formulated the theory that rational human beings won’t commit crimes if they
know that the pain of punishment outweighs the pleasure they hope to get from
committing the crime?
a. The authors of the Old Testament
b. George Bernard Shaw
c. Jeremy Bentham
d. Isaac Ehrlich
ANS: C REF: p. 26 OBJ: 4
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Chapter 1: Criminal Law and Criminal Punishment: An Overview
16. Since the mid-1980s, the two rationales that have dominated penal policy are
a. retribution and incapacitation.
b. deterrence and rehabilitation.
c. reformation and deterrence.
d. vengeance and rehabilitation.
ANS: A REF: p. 30 OBJ: 4
17. According to the text, which of the following is not a property crime?
a. Fraud
b. Arson
c. Burglary
d. Vagrancy
ANS: D REF: p. 7 OBJ: 1
19. What part of criminal law consists of principles that apply to more than one crime?
a. general part of criminal law
b. generic part of criminal law
c. specific part of criminal law
d. special part of criminal law
ANS: A REF: p. 15 OBJ: 2
20. What part of criminal law defines specific crimes and arranges them into groups
according to subject matter?
a. general part of criminal law
b. generic part of criminal law
c. specific part of criminal law
d. special part of criminal law
ANS: D REF: p. 15 OBJ: 2
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22. Which of the following is the highest standard of proof known to the law?
a. absolute certainty
b. preponderance of the evidence
c. probable cause
d. beyond a reasonable doubt
ANS: D REF: p. 23 OBJ: 5
23. When professionals make judgments based on their training, their experience, and
unwritten rules this is called
a. discretionary decision making.
b. biased decision making.
c. affirmative decision making.
d. productive decision making.
ANS: A REF: p. 33 OBJ: 6
24. Sentencing laws that make prison release dependent on rehabilitation are called
a. dependent sentencing laws.
b. indeterminate sentencing laws.
c. determinate sentencing laws.
d. independent sentencing laws.
ANS: B REF: p. 30 OBJ: 6
25. Judges are required to make a statement at the time of sentencing explaining why they
are imposing the sentence. Which of the following is not one of the reasons for this
requirement?
a. to increase the rationality of sentencing.
b. such statements can be therapeutic to the defendant.
c. to aid in appellate court review.
d. such statements can be therapeutic to the victim.
ANS: D REF: p. 12 OBJ: 6
27. Crimes and torts are similar in which of the following ways?
a. The standard of proof for both is beyond a reasonable doubt.
b. They both apply only to economic wrongs.
c. They both apply only to criminals.
d. They both tell us what we can and can’t do.
ANS: D REF: p. 6 OBJ: 4
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Chapter 1: Criminal Law and Criminal Punishment: An Overview
32. The legal rule the court has decided to apply to the facts of the cases is called the
a. issue.
b. holding.
c. result.
d. reasoning.
ANS: B REF: p. 36 OBJ: 7
33. If an appellate court affirms the decision of the court immediately below, this means
that the lower court’s decision is
a. upheld.
b. overturned.
c. questioned.
d. not considered.
ANS: A REF: p. 37 OBJ: 7
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34. When an appellate court overturns the decision of a trial court and sends the case back
for further proceedings in accord with its decision, the appeals court has
a. reversed the trial court’s decision.
b. affirmed the trial court decision.
c. reversed and remanded the trial court decision.
d. declined the trial court decision.
ANS: C REF: p. 37 OBJ: 7
35. In the citation 319 N.W. 2d 459, the number 459 represents the
a. volume number.
b. page where the opinion begins in a volume.
c. date the decision was handed down.
d. date the case was argued.
ANS: B REF: p. 37 OBJ: 7
36. Definitions of crimes are divided into four groups. Which of the following is not one
of those groups?
a. crimes against persons.
b. crimes against public.
c. crimes against property.
d. crimes against public order and morals.
ANS: B REF: p. OBJ: 2
37. Crimes against public order and morals include all of the following crimes except:
a. stealing.
b. illegal immigration.
c. gang crimes.
d. prostitution.
ANS: A REF: p. 15 OBJ: 2
39. Before there were criminal codes, social order depended on obedience to unwritten
rules based on
a. community customs and traditions.
b. community customs and polls.
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42. What are some of the reasons that the American Law Institute created the Model Penal
Code?
a. clarification and simplification.
b. classification and institutionalization.
c. organization classification.
d. clarification and institutionalization.
ANS: A REF: p. 19 OBJ: 3
43. When state and municipal code provisions conflict, which one is supposed to take
precedence?
a. state codes.
b. municipal codes.
c. it depends on the crime.
d. Neither, the federal government will step in.
ANS: A REF: p. 16 OBJ: 3
44. Although municipalities have broad power, they are limited in which of the following
ways?
a. constitutional limits.
b. they cannot create misdemeanors.
c. federal statutory law.
d. city law preempts municipality law.
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44. Of the following groups, what one is imprisoned at the highest rate?
a. black men.
b. Hispanic men.
c. white men.
d. asian men.
ANS: A REF: p. 22 OBJ: 4
45. The idea that only by inflicting physical and psychological pain as punishment can
offenders pay for their crimes refers to which purpose of punishment?
a. retribution.
b. prevention.
c. deterrence.
d. incapacitation.
ANS: A REF: p. 24 OBJ: 4
Case 1.1
Stan robs a woman while she is walking home from work. Police later identify Stan as
the robber and he is arrested. Stan is found guilty of robbery and is sentenced to one
year in jail. During sentencing the judge notes that his reasoning for the sentence is
that being in jail will keep Stan from robbing any other people and he wants to set an
example for others.
46. The reasoning of the judge for sentencing Stan is an example of which of the
following?
a. informal discretionary decision making
b. judicial opinions
c. formal criminal processing
d. judicial lawmaking
ANS: A REF: p. 33 OBJ: 6
47. Preventing Stan from committing other robberies by putting him in jail is an example
of what purpose for punishment?
a. special deterrence.
b. general deterrence.
c. retribution.
d. incapacitation.
ANS: D REF: p. 26 OBJ: 4
48. Punishing Stan as an example for other is an example of what purpose for
punishment?
a. special deterrence.
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Chapter 1: Criminal Law and Criminal Punishment: An Overview
b. general deterrence.
c. retribution.
d. incapacitation.
ANS: B REF: p. 26 OBJ: 4
Case 1.2
Sally is accused of stealing some checks from her boss. She is found not guilty of any
criminal wrong at trial. Her boss sues her and receives a judgment ordering Sally to
pay her for the amount lost from the stolen checks.
49. Sally’s boss received a judgment for money because of what difference between
criminal and noncriminal wrongs?
a. the burden of proof is higher for criminal wrongs than for noncriminal wrongs.
b. the burden of proof is lower for criminal wrongs than for noncriminal wrongs.
c. the burden of proof is equal for criminal wrongs than for noncriminal wrongs.
d. none of these answers is correct
ANS: A REF: p. 30 OBJ: 5
50. Of the following categories, what one can we say with certainty is an appropriate classification
for the theft of the checks?
a. mala in se.
b. mala prohibita.
c. misdemeanor.
d. felony.
ANS: B REF: p. 14 OBJ: 4
Case 1.3
John works in a legal office. His boss asks him to review the following case: Miranda
v. Arizona, 384 U.S. 436 (1966).
51. What portion of the citation tells John what reporter to look in to find the case?
a. Miranda v. Arizona.
b. 384
c. U.S.
d. 436
ANS: C REF: p. 37 OBJ: 7
52. What information would John use to determine the volume where the case is located?
a. Miranda v. Arizona.
b. 384
c. U.S.
d. 436
ANS: B REF: p. 37 OBJ: 7
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53. What information would John use to determine the page where the case is located?
a. Miranda v. Arizona.
b. 384
c. U.S.
d. 436
ANS: D REF: p. 37 OBJ: 7
Case 1.4
California penal code section 240-241 states:
240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent
injury on the person of another.
241. (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by
imprisonment in the county jail not exceeding six months, or by both the fine and
imprisonment.
TRUE/FALSE
1. The criminal law is the only form of social control in our society and the only way to
hold a person responsible for deviating from social norms.
2. Crimes and torts are essentially the same, but with different names.
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Chapter 1: Criminal Law and Criminal Punishment: An Overview
4. The elements of the crime of embezzlement would be found in the general part of the
criminal law.
7. Classical deterrence theory states that rational human beings won’t commit crimes if
they know that the pain of punishment outweighs the pleasure gained from committing
crimes.
8. The principle of utility permits only the minimum amount of pain necessary in order to
prevent crime.
9. Crimes and torts are similar in that both are sets of rules telling us what we can’t do.
10. The special part of criminal law consists of principles that apply to more than one
crime.
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11. After the adoption of the Model Penal Code in 1962, more than forty states changed
their criminal codes.
12. City, town, and village governments do not enjoy broad powers to create criminal
laws.
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Chapter 1: Criminal Law and Criminal Punishment: An Overview
19. The majority opinion lays out the established law of the case.
22. A noncriminal wrong is a legal wrong that justifies suing someone and getting money,
usually for some personal injury.
23. The distinction between criminal punishment and treatment is always clear-cut.
24. Criminal liability is conduct that unjustifiably and inexcusably inflicts or threatens
substantial harm to individual or public interests.
25. The burden of proof for crimes is different than the burden of proof for torts.
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26. The general part of criminal law defines specific crimes and arranges them into groups
according to subject matter.
28. State codes frequently use different names for crimes than common law.
29. Violations of federal and state agency rules are called administrative crimes.
30. Proving criminal conduct is necessary to impose criminal liability and punishment.
COMPLETION
1. Retributionists contend that punishment benefits not only but also criminals.
ANS: society
REF: p. 24 OBJ: 4
ANS: General
REF: p. 15 OBJ: 2
ANS: duplicate
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Chapter 1: Criminal Law and Criminal Punishment: An Overview
REF: p. 20 OBJ: 3
4. Affirmative defenses such as justification and excuse place the burden of production
or of on the defendant.
ANS: persuasion
REF: p. 31 OBJ: 5
ANS: discretionary
REF: p. 11 OBJ: 6
6. The text case method stimulates you to think about legal principles and
their application.
ANS: critically
REF: p. 34 OBJ: 7
7. In case citations, the number always comes before the title of a reporter and
the page always comes immediately after the title.
ANS: volume
REF: p. 37 OBJ: 7
ANS: sanction
REF: p. 38 OBJ: 1
ANS: exceptional
REF: p. 6 OBJ: 1
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10. Crime that is inherently wrong or evil, like murder and rape, is called
mala .
ANS: in se
REF: p. 14 OBJ: 1
ESSAY
1. Explain the purposes or rationales for punishment and the arguments in favor of each
rationale. Include a discussion about current trends in punishment.
ANS: There are two primary rationales for criminal punishment: retribution and
prevention. Retribution looks to past crimes and assumes that criminals exercised
their free will and chose to break the law. According to this theory, punishment is just
deserts. Prevention is forward-looking and is designed to prevent future crimes. The
prevention rationale includes general and specific deterrence, incapacitation, and
rehabilitation. Since the mid-1980s, criminal justice reformers have emphasized
retribution and punishment as the most important rationales.
REF: p. 24 OBJ: 4
2. Explain the relationship between the general and special parts of criminal law.
ANS: The general part of criminal law consists of principles that apply to more than
one crime. The special part of criminal law defines specific crimes and arranges them
into groups according to subject matter. The general principles are broad propositions
that apply to more than one crime. Some general principles apply to all crimes; other
principles apply to all felonies; still others apply only to some crimes. The special part
of criminal law defines specific crimes, according to the principles set out in the
general part. The definitions of crimes are divided into four groups: crimes against
persons; crimes against property; crimes against public order and morals; and crimes
against the state.
REF: p. 15 OBJ: 2
3. Explain the text-case method including the reason for its name. Also explain the two
reasons for applying criminal principles and definitions to specific cases.
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Chapter 1: Criminal Law and Criminal Punishment: An Overview
ANS: The “text-case method,” is part text and part excerpts from criminal law cases
specially edited for non lawyers. The text part of the book explains the general
principles of criminal law and the definitions of specific crimes. The case excerpts
involve real-life crimes that apply the general information in the text to real-life
situations. The application of principles and definitions of crimes to the facts of
specific cases serves two important purposes. First, it helps you understand the
principles and the elements of specific crimes. Second, it stimulates you to think
critically about the principles and their application.
REF: p. 32 OBJ: 7
4. Define, describe, compare, and contrast common-law crimes and statutory crimes. Be
sure to provide examples.
ANS: Common-law crimes are made by judges; statutory crimes are made by
legislature. Over time most jurisdictions have moved away from common-law to
statutory crimes. Many crimes are both common-law and statutory crimes (murder,
rape). Common-law crimes create problems of due process and fair notice; statutory
crimes do not.
REF: p. 16 OBJ: 3
ANS: In our federal system, there are 52 criminal codes—one for each state, the
District of Columbia, and the federal government. Most of the criminal law resides in
the state criminal codes and involve crimes against persons, property, public order, and
morals. Each of the 52 codes defines specific crimes and their punishments to be
applied to the people who commit crimes within their respective jurisdictions. There
are some significant differences in both the definitions of crimes and the punishments
from state to state. This diversity, however, should not obscure the fact that there are
more similarities than differences.
REF: p. 21 OBJ: 3
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codes.
REF: p. 33 OBJ: 6
ANS: Behavior that deserves criminal punishment includes conduct that unjustifiably
and inexcusably inflicts or threatens substantial harm to individual or public interests.
General deterrence seeks to prevent the general population from committing crimes
through the threat of punishment. Special deterrence seeks to prevent convicted
offenders from committing future crimes through punishment. Incapacitation prevents
convicted criminals from committing crimes by locking them up or otherwise making
it impossible to commit another crime. Rehabilitation sees criminals as sick and
attempts to prevent future crimes by providing offenders with treatment.
REF: p. 26 OBJ: 1, 4
ANS: In practical terms, presumption of innocence means that the prosecution has the
burden of proof when it comes to proving the criminal act and intent. The presumption
of innocence requires the prosecution to prove beyond a reasonable doubt the criminal
act and intent.
REF: p. 30 OBJ: 5
9. What are affirmative defenses? How do the burdens of production and persuasion relate to
affirmative defenses?
ANS: Affirmative defenses include justification and excuse. They are called
affirmative defenses because defendants have to present evidence. These defenses
require the defendant to provide some evidence in support of their justification or
excuse. This requirement is known as the burden of production. The burden of
persuasion requires the defendant to provide their affirmative defense by a
preponderance of the evidence.
REF: p. 31 OBJ: 5
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10. The main parts of a case include: title, citation, procedural history, judge, facts, judgment, and
opinion. Explain what each of these parts includes as well as how reading cases in the text can
help to better understand the law.
ANS: The case title consists of the names parties in the case. The citation tells you
where to find the case. The case history is a brief description of the steps and
judgments made by each court that has heard the case. The judge includes the name of
the judge who wrote the opinion and issues the judgment. The facts are the facts of the
case. The judgment is how the court disposed of the case. The opinion explains how
and why the court applied the law to the facts of the case. Reading cases help you
understand the principles and the elements of specific crimes and think critically about
the principles and their applications.
REF: p. 37 OBJ: 7
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