Chapter 1 Test Bank - MULTIPLE CHOICE 1. “Significant punishment in...

Test Bank

Criminal Law

Eleventh Edition

Joel Samaha

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12 Chapter 1 Test Bank

Criminal Law and Criminal Punishment: An Overview

MULTIPLE CHOICE

• “Significant punishment in the sentencing phase of a criminal trial shows the victim that the

punishment equals the crime. This thought process is discussed in which court case?

• Commonwealth v. Rhodes 1996
• Chaney v. State (1970)
• Keeler v. Superior Court (1970)
• U.S. v. Hudson and Goodwin (1812)

ANS: B REF: p. 10 OBJ: 1

• Private wrongs for which you can sue the party who wronged you and recover money

are known as

• torts.
• misdemeanors.
• regulatory violations.
• mala prohibitum offenses.

ANS: A REF: p. 6 OBJ: 4

• Who has the burden of proof regarding criminal conduct?
• the judge
• the jury
• the defense
• the prosecution

ANS: D REF: p. 30 OBJ: 5

• Of the following, which defendant may be required to be in court for a trial?
• misdemeanor
• gross misdemeanor
• violation
• felony

ANS: D REF: p. 14 OBJ: 4

• An offense which is punishable by one year or more in a state prison is called a
• common-law crime.
• code offense.
• misdemeanor.
• felony.

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Chapter 1: Criminal Law and Criminal Punishment: An Overview 13 ANS: D REF: p. 14 OBJ: 4

• What thought process says that human beings seek pleasure and avoid pain?
• rationalism.
• hedonism.
• minimalization.
• rationalization.

ANS: B REF: p. 26 OBJ: 4

• Which of the following is true for both crimes and torts?
• they only apply to low-income persons
• they tell us what we can’t do
• consequences include incarceration
• they address only misdemeanor crimes

ANS: B REF: p. 6 OBJ: 1

• Principles that apply to more than one crime are included in which part of the criminal

law?

• the general part.
• the special part.
• the general part and the special part.
• none of these answers is correct.

ANS: A REF: p. 15 OBJ: 2

• To obtain a conviction, the prosecution must prove every element of the offense
• by a preponderance of the evidence.
• beyond a reasonable doubt.
• by showing probable cause.
• beyond a shadow of a doubt.

ANS: B REF: p. 15 OBJ: 5

• Which of the following is not one of the criteria required for criminal punishment?
• The penalty inflicts pain or unpleasant consequences.
• The penalty inflicts pain that is perceived by the public to be appropriate.
• The penalty is administered intentionally.
• The penalty inflicts enough pain so the offender experiences the full extent of

society’s disapproval.

ANS: D REF: p. 23 OBJ: 1

• Which theory of crime focuses on an ‘eye for an eye’ mentality and emphasizes on getting

even?

• retribution 3 / 4

14

• rehabilitation
• general deterrence
• Incapacitation

ANS: A REF: p. 24 OBJ: 4

• 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

• incapacitation.
• special deterrence.
• retribution.
• general deterrence.

ANS: C REF: p. 24 OBJ: 4

• The police decision to investigate or not is an example of what kind of decision

making?

• indiscriminate
• discretionary
• political
• appropriate

ANS: B REF: p. 23-24 OBJ: 6

• 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?

• The authors of the Old Testament
• George Bernard Shaw
• Jeremy Bentham
• Isaac Ehrlich

ANS: C REF: p. 26 OBJ: 4

• The assumption underlying rehabilitation theory is that
• criminal behavior is primarily a medical problem that can be cured with the correct

drugs.

• rehabilitation requires long-term incarceration and intense treatment.
• forces beyond offenders’ control cause them to commit crimes and experts

using the correct therapy can reform criminals.

• sometimes the cure for criminality involves large doses of pain.

ANS: C REF: p. 28 OBJ: 4

• Since the mid-1980s, the two rationales that have dominated penal policy are
• retribution and incapacitation.
• deterrence and rehabilitation.
• reformation and deterrence.
• vengeance and rehabilitation.
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