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Exam 3: Inside Criminal Law

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Question 41

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The Fourth Amendment protects against:

A) excessive bail.
B) excessive fines.
C) cruel and unusual punishment.
D) unreasonable searches.

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Question 42

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The U.S. Constitution is the supreme law of the land and as such, it is the basis of all law in the United States.

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Question 43

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________are offenses punishable by 30 days to a year in jail.

________is the body of law enacted by legislative bodies.

___________refers to acts that are considered crimes only because they have been codified as such through statute.

Explain how the doctrine of strict liability applies to criminal law.

The facts surrounding an underlying crime are referred to as:

Which of the following is NOT a basic element of corpus delicti?

Civil law is concerned with:

The _________and __________Amendments require that no one can be deprived of life, liberty, or property without due process of law.

A_________ is a procedure through which the citizens of a state, by collecting enough signatures, can force a public vote on a proposed change to a state law.

This form of due process requires laws to be carried out in a fair and orderly manner.

A common law test of criminal responsibility that relies on the defendant's inability to distinguish right from wrong is the:

A wrongful mental state, or intent, is known as:

What degree of felony carries the maximum penalty of death?

State law prevails whenever it is in conflict with federal law.

Explain the categories of "criminal harm."

Murder is a mala in se offense.

Case 3-2 Mr. Thomas is a criminal defense attorney. Peter contacts Mr. Thomas and tells him that he thinks he may have committed a crime but he is not sure. Mr. Thomas asks Peter a few questions but Peter refuses to answer any questions over the phone. Mr. Thomas tells Peter to come to his office for a consultation and he will provide legal advice if Peter decides to retain Mr. Thomas as his attorney. -Peter goes to see Mr. Thomas in his office. He explains to Mr. Thomas that he had been seeing a girl who said that she was 19. She is really 14. Peter is 22. Peter explains that they had sexual relations on a few occasions. Mr. Thomas explains to Peter that he can still be found guilty, even though he did not have intent to commit a crime. What type of crime is this?

Criminal law concerns offenses that are against the society as a whole.