Law And Justice Final Exam
- 1.According to the “Durham Rule” approved by Federal appeals Judge David Baselon in 1954, the accused offender is not responsible for an offense if:
- A.
He did not know the nature and quality of the act he was doing; or, if he was aware of the nature and quality of the act, that he did not know that what we was doing was wrong.
- B.
He did not have the knowledge or intention required by the definition of the offense due to some mental disease
- C.
He suffers from a mental disease or mental defect that directly caused or produced the offense.
- D.
He lacks substantial capacity either to appreciate the criminality or wrongness of his action or to conform his conduct to the requirements of the law.
- 2.Richard Bonnie describes three contemporary options to approaching the insanity defense. Which of the following approaches entails a “volitional prong”?
- A.
The Mens Rea Approach
- B.
The Model Penal Code of the American Law Institute
- C.
The revival of M’Naghten
- D.
Some of the Above
- E.
All of the Above
- 3.The McNaughtan Rule was first pronounced by:
- A.
Fifteen judges summoned by the House of Lords
- B.
Judge David Bazelon of the District of Columbia Court of Appeals
- C.
C.R. Jefffrey in Criminal Responsibility and Mental Disease
- D.
American Law Institute in the Model Penal Code
- E.
None of the above
- 4.Which of the following is not one of the criticisms of plea bargaining outlined by Guidorizzi?
- A.
Plea bargaining coerces innocent defendants to plead guilty
- B.
Plea bargaining undermines the integrity of the criminal justice system
- C.
Plea bargaining allows criminals to evade proportionately severe punishments
- D.
Plea bargaining undermines the deterrent effect of criminal sanctions
- E.
Plea bargaining thwarts cooperation among members of the courtroom work group
- 5.Which of Leandro Andrade’s requests were not denied by the courts?
- A.
A petition for writ of habeus corpus to the Federal District Court
- B.
A request for a certificate of appealability from the Ninth Circuit Court of Appeals
- C.
A motion to reduce his petty theft offenses to misdemeanors in the trial court
- D.
A request for discretionary review to the California Supreme Court
- 6.
- proportionate punishment, acceptable response to crime
- A.
Retribution
- B.
Deterrence
- C.
Incapacitation
- D.
Rehabilitation
- 7.
- punishments severe enough that costs outweigh benefits
- A.
Retribution
- B.
Deterrence
- C.
Incapacitation
- D.
Rehabilitation
- 8.
- punishment separates individual from society to protect society
- A.
Retribution
- B.
Deterrence
- C.
Incapacitation
- D.
Rehabilitation
- 9.
- attempt to change or approve inmate for his benefit or society’s
- A.
Retribution
- B.
Deterrence
- C.
Incapacitation
- D.
Rehabilitation
- 10.State of Mind
- A.
Mens rea
- B.
Actus rea
- 11.Occurene of criminal offense
- A.
Mens rea
- B.
Actus rea
- 12.Criminal justice considers
- A.
Mens rea
- B.
Actus rea
- 13.Strict Sentencing considers
- A.
Mens rea
- B.
Actus rea
- 14.Defendant should be held responsible for his actions if he could not tell that they were wrong at the time he committed them
- A.
Irresistible Impulse Test
- B.
M’Naughten Test
- C.
Durham Test
- D.
ALI’s “Model Penal Code”
- 15.Exculpating a defendant who can discuss right from wrong, but nevertheless is unable to stop himself from committing an act he knows to be wrong
- A.
Irresistible Impulse Test
- B.
M’Naughten Test
- C.
Durham Test
- D.
ALI’s “Model Penal Code”
- 16.Policeman at the Elbow Test
- A.
Irresistible Impulse Test
- B.
M’Naughten Test
- C.
Durham Test
- D.
ALI’s “Model Penal Code”
- 17.Moralistic component
- A.
Irresistible Impulse Test
- B.
M’Naughten Test
- C.
Durham Test
- D.
ALI’s “Model Penal Code”
- 18.Reasonably short lived before it fell out of favor
- A.
Irresistible Impulse Test
- B.
M’Naughten Test
- C.
Durham Test
- D.
ALI’s “Model Penal Code”
- 19.Most common sentencing departure
- A.
Aggravating
- B.
Mitigating
- 20.Require statement that “guidelines do not adequately represent severity of defendant’s defense or likelihood of recidivism
- A.
Aggravating
- B.
Mitigating
- 21.Jonathan Rowe, who believes that the insanity defense should be abolished, argues that the insanity defense is an important issue because
- A.
It is used frequently.
- B.
It is used in highly publicized cases involving serious crimes.
- C.
It is used by wealthy defendants.
- D.
None of the above
- 22.Richard Bonnie, who does not believe that the insanity defense should be abolished, argues that
- A.
It works well.
- B.
Some defendants should not be blamed or punished for their acts
- C.
We should experiment with it further before it is discarded.
- D.
All of the above.
- 23.Slow Plea
- A.
Complete ban on plea bargaining
- B.
Jury Waiver Bargaining
- C.
Ban after indictment
- D.
Plea Bargaining Cut-Off
- E.
None of the above.
- 24.Adopted by Alaska in 1975
- A.
Complete ban on plea bargaining
- B.
Jury Waiver Bargaining
- C.
Ban after indictment
- D.
Plea Bargaining Cut-Off
- E.
None of the above.
- 25.Adopted by Alaska in 1975
- A.
Complete ban on plea bargaining
- B.
Jury Waiver Bargaining
- C.
Ban after indictment
- D.
Plea Bargaining Cut-Off
- E.
None of the above.
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