Test Bank For Criminal Law 1st Edition John L Worrall

Test Bank for Criminal Law, 1st Edition:
John L. Worrall
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Level: Basic
4. Which Amendment states: “No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in
the land or naval forces, or in the Militia, when in actual service in time of War or public danger;
nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of
life, liberty, or property, without due process of law; nor shall private property be taken for
public use, without just compensation?”
a. Fourth
b. Fifth
c. Sixth
d. Eighth
Answer: b
Objective: 1-2 Sources of Criminal Law: Identify the sources of the criminal law.
Page number: 14
Level: Basic
5. What protection is provided by the Fourth Amendment?

a. Self-incrimination
b. Due process violations
c. Unreasonable searches and seizures
d. Cruel and unusual punishments
Answer: c
Page number: 14
Level: Basic
6. What protection is provided by the Fifth Amendment?

a. Double jeopardy
b. Self-incrimination
c. Due process violations
d. All of the above
Answer: d
Page number: 14
Level: Basic
7. Which of the following apply to the Fifth Amendment?

a. Speedy trials
b. Compulsory process
c. Public trials
d. All of the above
Answer: d
Page number: 14
Level: Basic
8. Which applies to courts of limited jurisdiction?

a. Courts of limited jurisdiction try all criminal cases.
b. Courts of limited jurisdiction hear appeals.
c. Courts of limited jurisdiction hear only traffic cases.
d. None of the above
Answer: d
Objective: 1-4 Court Organization: Describe the structure of the U.S. legal system, including
jurisdiction.
Page number: 28
Level: Basic
9. What do some consider to be the only goal of the criminal law?

a. Retribution
b. Punishment
c. Rehabilitation
Answer: b
Objective: 1-1 Preliminary Information:
• Define crime and criminal law.
• Explain the difference between substantive criminal law and criminal procedure.
• Identify the goals of the criminal law.
• Describe the various classifications of crime.
Page number: 4
Level: Basic
10. One of the goals of the criminal law is community protection, which stems from what type of
perspective?
a. Totalitarian
b. Incapacitation
c. Utilitarian
Answer: c
Page number: 5
Level: Basic
11. How many federal district courts are there in the U.S.?
a. 10
b. 89
c. 92
d. 94
Answer: d
jurisdiction.
Page number: 28
Level: Basic
12. Regarding appellate courts, which statement is true?

a. Appellate courts can overrule their prior precedent.
b. Appellate courts engage in rule-making.
c. Appellate courts can reverse lower courts’ factual decisions only for clear error.
d. All the above
Answer: d
Objective:
1-1 Preliminary Information:
• Describe the various classifications of crime
1-4 Court Organization:
• Describe the structure of the U.S. legal system, including jurisdiction
Page number: 34
Level: Basic
13. What happens when an appellate court reverses a lower court’s decision?
a. The case is sent back to the trial level for further action consistent with the appellate
decision.
b. The reversal nullifies or sets aside a trial verdict.
c. The reversal sets the defendant free.
d. None of the above.
Answer: b
Objective: 1-3 Reaching a Verdict:
• Describe the adversarial system.
• Identify courtroom participants.
Page number: 34
Level: Basic
14. Which of the following appellate decisions most closely resembles a reversal?
a. Remand
b. Affirm
c. Vacate
Answer: c
Objective:
1-3 Reaching a Verdict:
Page number: 34
Level: Basic
15. What does that mean when an appellate court agrees with a lower court’s decision?
a. The appellate court affirms the decision.
b. The appellate court reverses the decision.
c. The appellate court vacates the decision.
d. The appellate court remands the decision.
Answer: a
Objective:
1-3 Reaching a Verdict:
Page number: 34
Level: Basic
16. What is the action brought forth by victims for the purpose of gaining financial compensation
for injuries or losses suffered because of wrongful actions from another?
a. Criminal procedure
b. Tort
c. Criminal tort
Answer: b
Page number: 3
Level: Intermediate
17. What is a “planned intervention that is intended to change offenders for the better”?
a. Rehabilitation
b. Retaliation
c. Restoration
d. Regulation
Answer: a
Objective: 1-1 Preliminary Information
Page number: 6
Level: Basic
18. What is the process whereby all the parties with a state in a particular offense come together
to resolve, collectively, how to deal with the aftermath of the offense and its implications for the
future?
a. Rehabilitation
b. Retaliation
c. Corrective action
d. Restoration
Answer: d
Page number: 6
Level: Basic
19. What protects offenders by ensuring proportionate and non-arbitrary punishment?

a. Criminal law
b. Criminal action
c. Criminal rights
d. Criminal activists
Answer: a
Page number: 7
Level: Intermediate
20. What major government document announces important limitations on government authority
with respect to the investigation and prosecution of crime?
a. Criminal statutes
b. Common law
c. Bill of Rights
d. Penal code
Answer: c
Page number: 13
Level: Difficult
21. What promotes argument, debate, and openness within the court system of the United States?
a. Adversarialism
b. Controversialism
c. Controlism
d. Argumentarism
Answer: a
Page number: 16
Level: Intermediate
22. In criminal prosecution, what falls first on the government as the responsibility to provide
evidence that a person committed a crime?
a. Probable cause
b. Evidentiary action
c. Burden of proof
d. Presentation to the jury
Answer: c
Page number: 17
Level: Intermediate
23. What evidence seeks to demonstrate a certain point, such as drawings, diagrams, illustrations,
and computer simulations that are used to help jurors understand how a crime was likely
committed?
a. Demonstrative evidence
b. Circumstantial evidence
c. Real evidence
d. Material evidence
Answer: a
Page number: 20
Level: Intermediate
24. What is the jury practice of either ignoring or misapplying the law in a certain situation that
is opposite of what would be expected by tradition, process, or law?
a. Jury notification
b. Jury criminalization
c. Jury nullification
d. Jury inaction
Answer: c
Page number: 25
Level: Intermediate
25. A case brief includes answers to which of the following questions?

a. What is procedural history?
b. What is the holding, decision, or disposition?
c. What is the essence of the dissent, if there is one?
d. All of the above
Answer: d
Objective: 1-5 Learning Criminal Law with Real and Hypothetical Cases
Page number: 38
Level: Basic
Chapter 1 True-False
Read each question thoroughly and choose the most appropriate answer.
1. Criminal procedure consists of a vast set of rules and guidelines describing how suspected
and accused criminals are to be handled and processed by the justice system.
a. True
b. False
Answer: a
Page number: 3
Level: Basic
2. Stare decisis is synonymous with distinguishing cases.

a. True
b. False
Answer: b
Page number: 12
Level: Basic
3. The U.S. has a three-tiered court structure.

a. True
b. False
Answer: b
jurisdiction.
Page number: 27
Level: Basic
4. The lowest courts at the state level are courts of general jurisdiction.
a. True
b. False
Answer: b
jurisdiction.
Page number: 28
Level: Basic
5. The U.S. Courts of appeals can be found in 11 judicial circuits.

a. True
b. False
Answer: b
jurisdiction.
Page number: 28
Level: Basic
6. If a case involves federal law, it will be tried in federal court.

a. True
b. False
Answer: a
jurisdiction.
Page number: 27
Level: Basic
7. A concurring opinion disagrees with the court’s decision.

a. True
b. False
Answer: b
jurisdiction.
Page number: 35
Level: Basic
8. Courts of general jurisdiction are trial courts.

a. True
b. False
Answer: a
jurisdiction.
Page number: 28
Level: Basic
9. When an appellate court finds that the decision of a lower court is incorrect, the appellate
court overrules the lower court’s decision.
a. True
b. False
Answer: b
jurisdiction.
Page number: 34
Level: Basic
10. A dual system of state and federal court systems exists today.
a. True
b. False
Answer: a
jurisdiction.
Page number: 28
Level: Basic
11. The two main verdicts that can be reached in a trial, guilty and not guilty, do not speak to
factual guilt or innocence.
a. True
b. False
Answer: a
Page number: 39
Level: Intermediate
12. When studying court opinions, a majority opinion that is odds with the minority opinion is
known as dissent.
a. True
b. False
Answer: b
Page number: 35
Level: Intermediate
13. Remand in the appeals context, is what happens when an appellate court sends a case forward
to the Supreme Court for review and affirmation.
a. True
b. False
Answer: b
Page number: 34
Level: Basic
14. The prosecutor is the official who charges the defendant and is tasked with representing the
government in court.
a. True
b. False
Answer: a
Page number: 33
Level: Basic
15. A jury that cannot reach a verdict and becomes hopelessly deadlocked is known as a hung
jury.
a. True
b. False
Answer: a
Page number: 24
Level: Basic
16. The prosecutor is often described as the trier of law (or finder of law), meaning that he or she
is generally tasked with resolving any legal matter that comes before the court.
a. True
b. False
Answer: b
Page number: 21
Level: Basic
17. Inquisitorial justice is often likened to justice from the past, such as in medieval England, and
particularly at the hands of the early Christian church.
a. True
b. False
Answer: a
Page number: 17
Level: Intermediate
Chapter 1 Fill in the Blank

Read each statement thoroughly and provide the most appropriate answer that satisfies the
statement.
1. A _________ opinion agrees with the majority decision but for different reasons.
Answer: concurring
Page number: 35
Level: Intermediate
2. _______________________specifies what kinds of behavior are illegal, what punishments are

available for dealing with offenders, and what defenses can be invoked by individuals who break
it.
Answer: Criminal law

Page number: 2
Level: Intermediate
3._____________ is a private wrong or injury, for which a court will provide a remedy in the
form of an “action,” or a lawsuit, between the two parties.
Answer: A tort
Page number: 3
Level: Intermediate
4._____________________, In terms of criminal law, is the notion that the criminal law should
maximize the net happiness of society.
Answer: Utilitarian
Page number: 5
Level: Intermediate
5._____________________ is the act of removing an individual from society so that person can
no longer offend.
Answer: Incapacitation
Page number: 5
Level: Intermediate
6_____________________ is the idea that when an offender is locked up, that person cannot
commit crimes out in society.
Answer: Specific deterrence

Objective: 1-1 Preliminary Information
Page number: 5
Level: Intermediate
7. _______________ is the assumption that when would-be offenders see a criminal held
accountable, they opt to abide by the law for fear of suffering the same fate.
Answer: General deterrence

Page number: 6
Level: Intermediate
8. __________________ is a planned intervention that is intended to change offenders for the

better.
Answer: Rehabilitation
Page number: 6
Level: Intermediate
9. ___________________ is a system of justice that pits two parties against each other in pursuit
of the truth.
Answer: Adversarial justice system

Page number: 16
Level: Intermediate
10. An ________________ is the rationale for an appellate court’s decision subscribed to by the
majority of judges or justices, usually authored by one judge or justice.
Answer: opinion
Page number: 35
Level: Intermediate
11. _________________________are courts that have jurisdiction over relatively minor offenses
and infractions. A traffic court fits in this category.
Answer: Courts of limited jurisdiction

jurisdiction.
Page number: 28
Level: Intermediate
12. The _____________________ has mandatory jurisdiction in capital criminal and

disciplinary cases and considered the Court of Last Resort.
Answer: Supreme Court

Objective: 1-4 Court Organization
• Describe the structure of the U.S. legal system, including jurisdiction.
Page number: 29
Level: Basic
13. The _____________________ is the official who charges the defendant and is tasked with
representing the government in court.
Answer: Prosecutor
Page number: 33
Level: Basic
Chapter 1 Matching
Match each word with the appropriate definition or description.
Match terms listed in Column 1 to its description in Column 2.

Column 1 Column 2
1. Adversarial system a. The standard of proof necessary in a
criminal case, roughly akin to 95% certainty.
2. Inquisitorial system b. A system of justice that pits two parties
against each other in pursuit of the truth.
3. Burden of proof c. The opposite of an adversarial system. The
accused does not enjoy the same protections
and decision-making authority is placed in the
hands of one or very few individuals.
4. Burden of persuasion d. The standard of proof in a civil case,
equivalent to “more certain than not.”
5. Burden of production e. A bedrock presumption in the American
criminal justice system, the notion that the
accused is not guilty until proven as such in a
criminal trial.
6. Directed verdict f. In a criminal case, the requirement that the
prosecution persuade the jury that the
defendant committed the crime.
7. Proof beyond reasonable doubt g. A fact assumed to be true under the law.
8. Preponderance of evidence h. The requirement that a particular party
convince the jury with regard to a particular
issue. In the criminal law context, the burden
of proof falls on the prosecutor to establish the
defendant’s guilt.
9. Presumption i. A judge’s order that one side or the other
wins without the need to move on to fact-
finding (in which the defense would introduce
evidence, call witnesses, and so on).
10. Presumption of evidence j. One party’s (the prosecutor’s in a criminal
case) obligation to present sufficient evidence
to have the issue decided by a fact-finder. The
burden of production is a question of law.
1. b
2. c
3. h
4. f
5. J
6. i
7. a
8. d
9. g
10. e
Page number: 16-18
Level: Basic
Chapter 1 Essay
Review each question and provide appropriate answers for each section or subsection. Each
answer must be at least 200 words and include the appropriate in-text citation for direct quotes or
paraphrased information. Additionally, each answer must include a reference section double-
spaced below your answer with the heading “References” centered on the page.
1. Describe how cases move about in the state and federal court systems. How do cases arrive
at the U.S. Supreme Court?
Answer: Answers will vary, but should address, the initial arrest, bond hearing, arraignment,
Grand Jury (if applicable), trial and jury, sentencing, sanctions, probation, parole, and
incarceration.
Objective: 1-2 Sources of Criminal Law:
• Identify the sources of the criminal law.
Objective: 1-4 Court Organization:
Page number: 27-43
Level: Difficult
2. Should Americans enjoy a right to privacy, even though no such right is listed in the
Constitution? Why?
Answer: Answers will include the Fourth Amendment, probable cause, search and seizure, and
laws governing each.
Objective: 1-2 Sources of Criminal Law:
• Identify the sources of the criminal law.
Objective: 1-4 Court Organization:
Page number: 27-43
Level: Difficult
3. List all of the court levels in the United States and discuss the jurisdiction and responsibilities
of each. Which court is the highest court in the land?
Answer: Should include the listing of each local (city and county) court, state courts, and federal
courts, as well as the jurisdiction of each and the identification of the Supreme Court as the
highest court in the land.
jurisdiction.
Page numbers: 28-29
Level: Difficult
4. An appellant court may develop one of four decisions or any multiples of the four when
reviewing a case. Discuss each form of decision and the influence of that decision on the case.
Answer: Should include the four basic decisions, as well as a discussion of the application of
any combination of the four, as well as the influence of those decisions on the final disposition of
the case.
Page numbers: 34-35
Level: Difficult
Chapter 1 Critical Thinking/Discussion

Review each question and provide appropriate answers for each section or subsection. Each
answer must be at least 200 words and include the appropriate in-text citation for direct quotes or
paraphrased information. Additionally, each answer must include a reference section double-
spaced below your answer with the heading “References” centered on the page.
1. A law enforcement officer sees a man come out of a local convenience store. The man looks
fervently in all directions; looks down at an object in his hands; and then begins running around
the side of the store. The temperature of the night is fairly cool, but above freezing. The officer
believes that the man has exhibited actions that make the officer believe that he has either stolen
something from the store or committed a robbery. The officer approaches the suspect, who
stopped running when the officer commanded him to stop. As the officer approaches the
suspect, the man turns with his hands in the pockets of his coat. The officer orders the man to
remove his hands from his pockets. The suspect simply stands, facing the officer, with his hands
still in his coat pockets. The officer notices movement of the suspect’s right hand in the coat
pocket. Thinking that the man may have a weapon hidden in the coat pocket, the officer draws
his weapon; points the weapon at the suspect; and orders the suspect to comply with his order to
show his hands. Immediately, the suspect pulls his hands from his pockets and points an object
at the officer. Because of the darkness of the night and the sudden action of the suspect the
officer assumes the object to be a pistol and fires his weapon in perceived self-defense. The
officer, based on training, fires the weapon with the intent to only to stop the assault. The
suspect is struck in the leg and drops to the ground. The officer approaches the fallen suspect and
observes that the object thought to be a weapon is actually a candy bar. The officer contacts
dispatch for emergency assistance from Life Care. The suspect is transported to the hospital.
Further investigation reveals that the suspect had indeed stolen the candy bar along with
numerous other items from the convenience store. During his trial, the suspect’s attorney files a
motion to dismiss the case based on unlawful use of force based on the fact that the defendant
was proven to have no weapon in his possession. The motion is denied. The defendant appeals
the case. What should the appellate court consider during the review of this case? What
decision should the appellate court develop?
Answer: The answers will vary on the student’s perception of the officer’s intent as well as the
defendant’s intent. An officer must deal with the level of perceived threat. However, the officer
should make every attempt to verify the threat before using deadly force. If the suspect has not
fired a weapon at the officer or made any verbal threat to make the officer believe the suspect is
threatening the use of deadly force, then the officer must retreat from the use of deadly force
against the suspect. The appellate court should consider the existence of verbal threats from the
suspect, if any exist. Additionally, the appellate court should consider whether the officer had
sufficient coverage and time to rely upon further verbiage to determine if the suspect actually
had a weapon. Did the officer have other means of determining if the suspect was indeed
holding a weapon, such as a flashlight or floodlight from the patrol vehicle? Could the officer
have waited for a back-up unit to help him or her deal with the suspect? The appellate court
should find in favor of the officer’s perception of the candy bar being a weapon unless other
verifiable means were available, because the officer, although employing deadly force, fired his
weapon to stop a perceived deadly threat.
jurisdiction.
Page numbers: All of Chapter 1.
Level: Difficult
2. A local fire department is dispatched to a single-wide trailer fire in the outskirts of the
county. After extinguishing the flames, the firefighters discover the remains of a female lying in
the burnt remnants of the bed in the master bedroom. The body had suffered such intense heat
the chest cavity had burst open. The body remains were transported to the local coroner who
performs an autopsy to confirm the reason for death and discovers a spent bullet lodged in the
ribcage of the body. The coroner notifies the county sheriff’s office of the discovery and
suggests that the scene of the fire should be treated as a crime scene. The coroner transports the
spent bullet to the sheriff’s office along with a forensic report containing information that
confirms the bullet was discovered in the body of the female victim. Subsequent investigation
provides evidence that the victim’s husband had hired another man to kill the victim in a manner
that would make the crime appear to be an accident. Both suspects are tried and convicted of
First Degree murder. The husband’s attorney files for an appeal based on illegal search and
seizure, alleging that the bullet discovered in the body was seized without a warrant and
subsequent to the initial investigation. What decision should the appellate court develop? Does
any existing case law substantiate your decision?
Answer: Should include the Fourth Amendment, search and seizure laws, relevance of discovery
during the normal course of an autopsy, and evidence that the bullet did indeed cause the death
of the victim.
jurisdiction.
Page number: All of Chapter 1.
Level: Difficult

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Test Bank for Criminal Law, 1st Edition:

5. What protection is provided by the Fourth Amendment?

6. What protection is provided by the Fifth Amendment?

7. Which of the following apply to the Fifth Amendment?

8. Which applies to courts of limited jurisdiction?

9. What do some consider to be the only goal of the criminal law?

12. Regarding appellate courts, which statement is true?

19. What protects offenders by ensuring proportionate and non-arbitrary punishment?

25. A case brief includes answers to which of the following questions?

2. Stare decisis is synonymous with distinguishing cases.

3. The U.S. has a three-tiered court structure.

5. The U.S. Courts of appeals can be found in 11 judicial circuits.

6. If a case involves federal law, it will be tried in federal court.

7. A concurring opinion disagrees with the court’s decision.

8. Courts of general jurisdiction are trial courts.

Chapter 1 Fill in the Blank

2. _______________________specifies what kinds of behavior are illegal, what punishments are

Answer: Criminal law

Answer: Specific deterrence

Answer: General deterrence

8. __________________ is a planned intervention that is intended to change offenders for the

Answer: Adversarial justice system

Answer: Courts of limited jurisdiction

12. The _____________________ has mandatory jurisdiction in capital criminal and

Answer: Supreme Court

Match terms listed in Column 1 to its description in Column 2.

Chapter 1 Critical Thinking/Discussion

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