JUSTICE UNDER THE LAW

A person may not be convicted of a crime unless each element of the crime is proved by the State beyond a reasonable doubt. "Element of the crime" means the forbidden conduct; the attendant circumstances specified in the definition of the crime; the intention, knowledge, recklessness or negligence as may be required; and any required result.

1. In "Inside the Jury Room", which of the following was NOT an element of the crime allegedly committed by Leroy Reed?

A. He was a convicted felon.

B. He was in possession of a gun.

C. He knew he was in possession of a gun

D. He knew he was committing a crime.

E. All of the above were elements of the crime charged.

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2. The voir dire process in a trial involves questioning

A. a prosecution witness.

B. a defense witness.

C. a prospective juror.

D. both the prosecution and defense witnesses.

E. None of the above.

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3. Which of the following is the job of a criminal jury?

A. to decide questions of law involved in the trial

B. to decide questions of fact involved in the trial

C. to decide whether the prosecution has established all elements of the criminal charge beyond a reasonable doubt

D. All of the above are responsibilities of the jury.

E. Only B and C are responsibilities of the jury.

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4. Which statement about criminal juries is true?

A. The jury can disregard the law and acquit a guilty defendant.

B. The jury can decide the defendant is guilty if its members believe that the evidence establishes that the defendant probably committed the crime.

C. The jury can find the defendant guilty if it is convinced that he or she committed most of the elements of the crime.

D. The jury can decide the verdict on the basis of a majority vote.

E. None of the above statements about the jury are true.

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5. In "12 Angry Men", which of the following was direct evidence of the defendant's guilt?

A. the knife found lodged in the deceased's chest.

B. the alibi offered by the defendant that he was at the movies when the crime was committed

C. the inability of the defendant to remember dteails about the movies

D. the testimony of the woman that she saw the defendant plunge a knife into the deceased's chest.

E. None of the above are examples of direct evidence.

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6. In "12 Angry Men", the angle of the knife's entry into the chest of the accused was from above in a downward motion. This constituted circumstantial evidence that

A. the victim was standing up when he was stabbed.

B. the killer was not experienced in using a switch blade knife.

C. the killer was taller than the deceased.

D. the killer was smaller than the deceased.

E. a switchblade knife was not the cause of death.

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7. Which of the following is true about a homicide?

A. Not all homicides are crimes.

B. It is not a homicide unless the death is caused by a human being.

C. A homicide doesn't require an intent to kill.

D. A person can be convicted of a homicide even if he or she was not present when the victim was killed.

E. All of the above are true statements about homicides.

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8. Which statement about all crimes is true?

A. All crimes require a direct act by the accused.

B. All crimes require a criminal intent.

C. A crime can never be charged if the accused omitted doing something he or she should have done.

D. A crime can't happen unless the victim is actually harmed in some way.

E. The decision on whether to charge and bring to trial an accused is made by the victim.

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9. A crime of omission can only be charged when a defendant has

A. an intent to harm the victim.

B. a motive for committing a crime.

C. a duty to act on behalf of the victim.

D. an evil intent.

E. a past record of crime.

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10. A twelve-year-old boy and his six-year-old brother take their father's gun and, in a park, the older boy hands the gun to his brother and the younger boy shoots and kills a clown. Which statement below about the consequences of the act is true?

A. Both boys can be charged with a crime.

B. Only the boy who fires the gun can be charged with a crime

C. Only the older boy can be charged with a crime.

D. Neither boy can be charged with a crime.

E. Since clowns are inherently scary to some children, the clown assumed the risk of being around children.

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11. Which of the following can be an affirmative defense to a criminal charge of murder?

A. the defense establishes that the accused was criminally insane at the time he committed the crime

B. the defendant was provoked to anger by the deceased

C. the defendant was afraid of the deceased

D. the defendant was attacked by the deceased

E. All of the above can be affirmative defenses to the charge of murder.

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12. In the movie "A Place in the Sun", George Eastman's defense to the charge of murdering Alice Tripp was based upon what?

A. He had an alibi.

B. He lacked a criminal intent at the time Alice Tripp died.

C. He had no duty to assist Alice Tripp.

D. Alice Tripp shouldn't have been in a boat if she couldn't swim.

E. Alice Tripp was REALLY annoying.

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13. In the movie "Right To Kill", based upon the true story of Richard and Deborah Jahnke, the fact that Richard's father for years had abused both children and their mother was ruled a mitigating factor, justifying a lesser penalty, but not an affirmative defense for Richard. Why?

A. The abuse was not an adequate provocation to kill.

B. Richard was not afraid or afraid of his father when he shot him.

C. Richard's father had a legal right to physically discipline Richard.

D. Richard had an opportunity to leave.

E. Richard fired his shotgun more than once.

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14. Deborah Jahnke never fired a gun at her father, and wasn't even in the garage when Richard shot their father. How could she then be charged and convicted of a criminal homicide?

A. She was older than her brother and therefore had a duty to stop him or at least try to stop him.

B. She hated and feared her father as much as Richard did.

C. She was an accomplice because she had a gun herself at the time of the killing and stayed in the house knowing what he intended to do.

D. She ran away after Richard shot her father.

E. She talked Richard into killing their father.

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15. With the exception of so-called “strict liability” offenses, the state of mind of the accused is an important factor in criminal cases. A guilty state of mind generally does NOT include acts done

A. intentionally.

B. knowingly.

C. willfully.

D. carelessly.

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4th Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

16. A "search" under the 4th Amendment occurs only when

A. there is a reasonable expectation of privacy by the person "searched".

B. the person "searched" is an adult.

C. the person searched is actually innocent of any crime.

D. the search leads to finding incriminating evidence.

E, all of the above

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17.If unreasonable searches turn up evidence of crimes, the evidence cannot be used

A. in any court proceeding.

B. at a criminal trial to prove the person gulity.

C. to impeach the defendant if he chooses to testify.

D. to revoke the person's parole.

E. The evidence can be used in all of the above situations if the evidence is relevant to the crime.

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18. What is NOT true about a search warrant?

A. It is issued by a judge or magistrate.

B. It describes the paricular persons and places to be searched.

C. It is only issued if probable cause has been demonstrated.

D. It is always in writing.

E. It is reqired for every search conducted by law enforcement.

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19. A "concurring opinion" by justices on the Supreme Court

A. decides who wins and who loses the appeal.

B. represents the viewpoints of the majority of the justices on the Court.

C. represents the viewpoints of the minority of justices on the Court.

D. represents the views of justices who agree with the decision of the majority but for different reasons.

E. is the argument presented by attorneys for the side who brings the appeal from a lower court.

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20. In New Jersey v. T.L.O, an assistant principle searched the purse of a 14-year-old student suspected of smoking against school rules in a rest room. The U.S. Supreme Court ruled that the search of the purse was legal because

A. since she was only 14, the 4th Amendment did not protect her from searches.

B. since she was a public school student, the 4th Amendment did apply to her situation, but under the legal doctrine of in loco parentis ("standing in the place of a parent") the assistant principal had the same right to search her as a parent would have.

C. the assistant principal had probable cause to search her purse.

D. she had no reasonable expectation of privacy in the contents of her purse.

E. the assistant principle had a reasonable suspicion when he searched her purse.