Chapter 1 Test Bank
Criminal Law and Criminal Punishment: An Overview
MULTIPLE CHOICE
1. Which of the following cases makes clear the need for punishment to make condemnation
meaningful?
a. Commonwealth v. Rhodes 1996
b. Chaney v. State (1970)
c. Keeler v. Superior Court (1970)
d. U.S. v. Hudson and Goodwin (1812)
ANS: B DIF: 1 REF: p. 9 OBJ: 1
2. Private wrongs for which you can sue the party who wronged you and recover money are
known as
a. torts.
b. misdemeanors.
c. regulatory violations.
d. mala prohibitum offenses.
ANS: A DIF: 1 REF: p. 8 OBJ: 4
3. Who has the burden of proof regarding criminal conduct?
a. the judge
b. the jury
c. the defense
, d. the prosecution
ANS: D DIF: 1 REF: p. 12, 29 OBJ: 5
4. Defendants who have committed a must be in court for their trials.
a. misdemeanor
b. gross misdemeanor
c. violation
d. felony
ANS: D DIF: 1 REF: p. 11 OBJ: 5
5. An offense which is punishable by one year or more in a state prison is called a
a. common-law crime.
b. code offense.
c. misdemeanor.
d. felony.
ANS: D DIF: 1 REF: p. 11 OBJ: 4
,6. The law that says that human beings seek pleasure and avoid pain is the law of:
a. rationalism.
b. hedonism.
c. minimalization.
d. rationalization.
ANS: B DIF: 3 REF: p. 25 OBJ: 4
7. Who is credited with first formulating classical deterrence theory?
a. Bentham
b. Robinson
c. Miranda
d. Hart
ANS: A DIF: 1 REF: p. 25 OBJ: 4
8. The general part of criminal law consists of
a. the definitions of common terms.
b. crimes that are common in every jurisdiction.
c. principles that apply to more than one crime.
d. definitions of specific crimes.
ANS: C DIF: 1 REF: p. 12 OBJ: 2
9. To obtain a conviction, the prosecution must prove every element of the offense
a. by a preponderance of the evidence.
, b. beyond a reasonable doubt.
c. by showing probable cause.
d. beyond a shadow of a doubt.
ANS: B DIF: 1 REF: p. 12 OBJ: 5
10. Which of the following is not one of the criteria required for criminal punishment?
a. The penalty inflicts pain or unpleasant consequences.
b. The penalty inflicts pain that is perceived by the public to be appropriate.
c. The penalty is administered intentionally.
d. The penalty inflicts enough pain so the offender experiences the full extent of
society’s disapproval.
ANS: D DIF: 1 REF: p. 22 OBJ: 1
11. Which of the following theories or justifications for punishment is retrospective (looks back
at the crime)?
a. retribution
b. rehabilitation
c. general deterrence
d. incapacitation
ANS: A DIF: 3 REF: p. 22 OBJ: 4
12. 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
a. incapacitation.
Criminal Law and Criminal Punishment: An Overview
MULTIPLE CHOICE
1. Which of the following cases makes clear the need for punishment to make condemnation
meaningful?
a. Commonwealth v. Rhodes 1996
b. Chaney v. State (1970)
c. Keeler v. Superior Court (1970)
d. U.S. v. Hudson and Goodwin (1812)
ANS: B DIF: 1 REF: p. 9 OBJ: 1
2. Private wrongs for which you can sue the party who wronged you and recover money are
known as
a. torts.
b. misdemeanors.
c. regulatory violations.
d. mala prohibitum offenses.
ANS: A DIF: 1 REF: p. 8 OBJ: 4
3. Who has the burden of proof regarding criminal conduct?
a. the judge
b. the jury
c. the defense
, d. the prosecution
ANS: D DIF: 1 REF: p. 12, 29 OBJ: 5
4. Defendants who have committed a must be in court for their trials.
a. misdemeanor
b. gross misdemeanor
c. violation
d. felony
ANS: D DIF: 1 REF: p. 11 OBJ: 5
5. An offense which is punishable by one year or more in a state prison is called a
a. common-law crime.
b. code offense.
c. misdemeanor.
d. felony.
ANS: D DIF: 1 REF: p. 11 OBJ: 4
,6. The law that says that human beings seek pleasure and avoid pain is the law of:
a. rationalism.
b. hedonism.
c. minimalization.
d. rationalization.
ANS: B DIF: 3 REF: p. 25 OBJ: 4
7. Who is credited with first formulating classical deterrence theory?
a. Bentham
b. Robinson
c. Miranda
d. Hart
ANS: A DIF: 1 REF: p. 25 OBJ: 4
8. The general part of criminal law consists of
a. the definitions of common terms.
b. crimes that are common in every jurisdiction.
c. principles that apply to more than one crime.
d. definitions of specific crimes.
ANS: C DIF: 1 REF: p. 12 OBJ: 2
9. To obtain a conviction, the prosecution must prove every element of the offense
a. by a preponderance of the evidence.
, b. beyond a reasonable doubt.
c. by showing probable cause.
d. beyond a shadow of a doubt.
ANS: B DIF: 1 REF: p. 12 OBJ: 5
10. Which of the following is not one of the criteria required for criminal punishment?
a. The penalty inflicts pain or unpleasant consequences.
b. The penalty inflicts pain that is perceived by the public to be appropriate.
c. The penalty is administered intentionally.
d. The penalty inflicts enough pain so the offender experiences the full extent of
society’s disapproval.
ANS: D DIF: 1 REF: p. 22 OBJ: 1
11. Which of the following theories or justifications for punishment is retrospective (looks back
at the crime)?
a. retribution
b. rehabilitation
c. general deterrence
d. incapacitation
ANS: A DIF: 3 REF: p. 22 OBJ: 4
12. 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
a. incapacitation.
