1. Why is an act a violation of the law, that is a crime, as was defined and discussed during the course)?

a) The act is morally wrong.

b) The courts, using due process, have decided that the act is a crime.

c) The Governor or the President have declared the act a crime either at the

state or federal level respectively.

d) The police, using probable cause, have decided that the act is a crime.

e) The people, using the legislative process, have decided that the act should

be prohibited or restricted.

2. If the killing of a person by another person is legally determined to be the result of an accident so that there is no criminal liability (penalty), the killing is nonetheless an homicide.

True or False

3. The two elements of any crime that considered together are the primary determinants of how seriously the crime will be classified as well as how severe the punishment (penalty or sentencing) will be are the ___________ _________ and the

_______ ___________ (

4. Which of the following is true concerning the crime of rape as currently defined, if any?

a) Rape is crime of passion.

b) Rape must always involve vaginal penetration.

c) Prostitutes can be raped.

d) A person's not objecting or remaining silent is recognized as a matter of law

as affirmative consent to having sexual relations.

e) There is no such thing as gay rape.

5. Which of the following are or should be a factor concerning crime prevention in NYC?

a) Policy of omnipresence

b) Removing or reducing the negative impacts of poverty

c) Increasing employment

d) Targeted racial or ethnic profiling policing

6. Even in states where Assisted Suicide is legal, performing euthanasia or allowing a mercy-killing could still lead to a charge of murder against the perpetrator.

True or False

7. Due process means that the process due to a person accused of a crime should be:

a) reasonable and sustainable

b) warranted and provable

c) fair and impartial

d) equitable and inclusive

8. In NYS, the standard of proof in a criminal trial for all elements of an alleged crime(s) is beyond a reasonable doubt, but for a defendant's affirmative defense elements the standard is:

a) Also beyond a reasonable doubt

b) Clear and convincing evidence

c) Preponderance of evidence

d) Evidence sufficient to sustain probable cause

e) Due process evidence

9. For a police officer in NYS to make a valid arrest, the police officer, using his/her professional discretion, must believe that s/he has proximate cause to make the arrest.

True or False

10. During a NYS criminal trial, the role of the judge is to decide all issues or questions of ____________ that may arise, while the role of the jury is to make the necessary decisions regarding any questions of ___________. On appeal, the only determinations that can be appealed are those of ___________.

11. The last formal (official) act in a NYS criminal trial is the rendering of the verdict by the jury.

True or False

12. What percentage of NYC (as well as NYS) criminal prosecutions reach final disposition (are resolved) by way of a plea bargain:

a) 40 - 45%

b) 50 - 55%

c) 60 - 65 %

d) 70 - 75 %

e) 80 - 85%

f) 90 - 95%

13. Plea bargains are so prevalent as a way of reaching disposition because defense attorneys, especially if s/he is a public defender of some sort, almost always tell their clients to take the plea because it's easier, more convenient for she or he, than to go to trial.

True or False

14. Mens rea is defined as the motive that accompanies the actus reus of a crime.

True or False

15. Seventy percent (70%) of all robberies are committed (based on past arrests statistics) by young men of color. This can be explained to a great extent because most of these young men (note there are 3 correct answers):

a) have come from a background of poverty and its effects

b) have a genetic, that is racial, predisposition to crime and violence

c) live in an urban/city area where the resident population is mostly people of

color from which population come both the perpetrators and the victims.

d) are subject to, and respond to the same commercials and propaganda

concerning having money and obtaining consumer items, even if not needed.

16. The NYS Criminal Procedure Law is derived in large measure from the Bill of

Rights' protections for a person accused of a crime.

True or False

17. In NYS, statutory rape is a strict liability crime because as a matter of law the victim cannot, no matter what the circumstances, give consent to sexual relations because s/he is under the age of consent, 17.

True or False

18. Name the three types of affirmative defenses that a defendant can offer:

a)

b)

c)

19. The critical element of any NYS assault crime is the _______________________

_________________________________________________________________.

20. Which of the following are not true regarding Bail Reform in NYS:

a) the Bail Reform that was enacted was unique and had never been

enacted or implemented in any other state prior to its implementation here.

b) the current surge in crime in NYC is directly linked to the Bail Reform in that

many of the defendant's released without bail under the new law have

committed other crimes after being released.

c) the Bail Reform law removed all discretion on the part of the justices

conducting arraignment to impose any bail on any defendant.

d) since the implementation of the Bail Reform the number of persons awaiting

trial confined at Riker's Island has been drastically reduced.

e) since the implementation of the Bail Reform the number of released

defendants failing to appear for their next court date has not significantly

increased compared to before implementation of the reform.