Chapter 4: Inside Criminal Law – Worksheet 2 TRUE/FALSE 1. Criminal law specifies that there must be concurrence between the guilty act and the guilty intent. T F REF: 111 OBJ: 5 2. Inchoate offenses are those committed with an accomplice. T F REF: 113 OBJ: 5 3. Insanity is a valid justification defense. T F REF: 114 OBJ: 6 4. The necessity defense asserts that circumstances required the defendant to commit the illegal act. T F REF: 119 OBJ: 7 5. Substantive due process mandates that the law must be carried out in a method that is fair and orderly. T F REF: 120 OBJ: 8 6. The Bill of Rights is comprised of the ten Amendments to the Constitution. T F REF: 122 OBJ: 8 7. The due process clause basically requires that government not act unfairly or arbitrarily. T F REF: 123 OBJ: 9 8. Substantive due process requires that the laws used in accusing and convicting offenders be fair. T F REF: 123 OBJ: 9 88 MULTIPLE CHOICE 1. The M’Naughten rule is a. a test for measuring sanity. b. case law use at pretrial. c. admission of intoxication test results at trial. d. evidence exclusions under Mapp v. Ohio. REF: 114-115 OBJ: 6 2. Public backlash against the insanity defense led to enacting a. the substantial capacity test. b. the irresistible impulse test. c. “guilty but mentally ill” statutes. d. the Durham rule. REF: 116 OBJ: 6 3. Alcohol intoxication can be used as a defense when a. it does not involve large amounts. b. it is involuntary. c. there is a designated driver. d. no injuries are sustained by victims. REF: 116-117 OBJ: 6 4. Which of the following is not a justification defense? a. Duress b. Involuntary intoxication c. Necessity d. Entrapment REF: 5. 118-120 OBJ: 7 All of the following are requirements for the defense of duress, except: a. the threat must be of serious bodily harm or death b. the threat must be induced by a public official c. the threat must be immediate and inescapable d. the harm threatened must be greater than the harm caused by the crime REF: 118 OBJ: 7 89 6. Unlawful pressure brought to bear on a person, causing the person to perform an act that he or she would not otherwise perform is __________________. a. duress b. mistake c. necessity d. entrapment REF: 118 OBJ: 7 7. The _____________ amendment requires states to adhere to the Bill of Rights. a. First b. Sixth c. Ninth d. Fourteenth REF: 122 OBJ: 8 8. The __________ Amendment contains the prohibition against double jeopardy. a. 4th b. 5th c. 6th d. 8th REF: 122 OBJ: 8 9. The ________ amendment protects against double jeopardy. a. Fourth b. Sixth c. Fifth d. Seventh REF: 122 OBJ: 9 10. In criminal law, _____________ prevents unfair practices such as forced confessions, denial of counsel, or unreasonable searches. a. substantive due process b. procedural due process c. stare decisis d. Lex talionis REF: 123 OBJ: 9 11. The ___________ Amendment provides that no person shall be deprived of life, liberty or property without due process of law. a. 4th b. 5th c. 6th d. 8th REF: 123 OBJ: 9 90 12. Ultimately, it is the ______________ which determines whether an individual’s due process has been violated. a. United States Supreme Court b. Federal Legislature c. Prosecutor d. President REF: 125 OBJ: 9 COMPLETION 1. Strict liability allows a finding of guilt even if REF: 110 OBJ: is lacking. 5 2. An act that is deemed criminal because it could do harm, which laws try to prevent, is called a(n) REF: . 113 OBJ: 5 3. Infancy is a defense in which the individual’s wrongdoing is excluded because he/she is too to understand the consequences of his/her actions. REF: 114 OBJ: 6 4. ______________ is unlawful pressure brought upon a person causing them to perform an act they would not otherwise have performed. REF: 118 OBJ: 7 5. The law that defines the acts the government will punish is called . REF: 120 OBJ: 8 6. The rules that define how the rights and duties of individuals can be enforced is criminal law. REF: 134 OBJ: 8 7. The Amendment provides that no person should be deprived of life, liberty, or property without due process of law. REF: 135 OBJ: 9 91