Question 1

Which of the following is a less serious kind of crime, in which the potential imprisonment is one year or less.

A.Misdemeanor

B.Burglary in the Second Degree

C.Involuntary manslaughter

D.Felony

Question 2

Which statement is true about the procedure for criminal prosecutions?

A.The defendant must prove his or her innocence beyond a reasonable doubt.

B.The grand jury does not sit to determine guilt or innocence of the accused.

C.The purpose of a preliminary hearing is to decide whether the accused is guilty or not.

D.The jury can convict so long as 9 out of 12 believe the defendant to be guilty beyond a reasonable doubt.

Question 3

Which of the following is true concerning the constitutional rights of an accused?

A.The prosecutor can call the defendant to the witness stand during trial.

B.The prosecutor may not use evidence willfully taken by the police in violation of constitutional rights.

C.The Fifth Amendment guarantees criminal defendants the right to have the assistance of defense counsel.

D.The Fourth Amendment is the source of a person's right against self-incrimination.

Question 4

According to _______________, evidence obtained in violation of constitutional rights from the Fourth, Fifth and Sixth Amendments is generally not admissible at trial.

A.The double jeopardy provision of the Fifth Amendment.

B.The exclusionary rule.

C.The doctrine of nolo cacciatore.

D.The totality of circumstances rule.

Question 5

When one or more persons enter into an agreement to carry out an unlawful purpose, they are engaged in:

A.Grand larceny.

B.A criminal conspiracy

C.Deciding probably cause.

D.A criminal attempt.

Question 6

What is the procedural process which allows the defendant to avoid pretrial detention.

A.Bail

B.A warrant

C.Charges

D.An indictment

Question 7

Crimes are generally defined by legislatures in ________________:

A.Case law

B.Regulations

C.Common Law

D.Statutes

Question 8

_________________ crime refers generally to fraud-related acts carried out in a nonviolent way, usually with business.

A.Blue-collar

B.Property

C.Street

D.White collar

Question 9

The Kirksville Police Department arrest a subject for suspicion of embezzlement. According to the United States Supreme Court case of Miranda v. Arizona, the subject must be apprised of certain constitutional rights:

A.At any time during the police interrogation

B.Only at the request of the suspect's attorney

C.Prior to any police interrogation.

D.After any police interrogation

Question 10

If a grand jury determines that there is probable cause to believe that defendant committed a criminal act, it will issue:

A.An indictment

B.A preliminary hearing

C.An information

D.A no true bill

Question 11

The Eighth Amendment presently prohibits which of the following:

A.The death penalty

B.Detention without bail

C.Cruel and unusual punishment

D.A and C.

Question 12

If a criminal defendant receives a suspended execution of sentence:

A. It is mandatory that the Defendant is required to serve the entire length of the jail sentence unless the Judge intervenes and commutes the sentence after the Defendant has served 120 days of shock detention.

B.It is mandatory that the defendant serve the entire length of the jail sentence so long as the Governor does not issue a pardon.

C.The Defendant is released from prison early so long as he or she successfully completes a term of probation.

D.The Defendant does not need to serve the sentence so long as he or she successfully completes a term of probation.

Question 13

In the discovery process of a criminal case, the defendant cannot be forced to provide a comprehensive narrative of the defendant's activity and interactions with others within the 4 hours prior to and the 4 hours after the crime was alleged to have been committed.

True

False

Question 14

"Mens rea" deals with the mental state require to convict a criminal defendant whereas the "actus reus" deals with the actions required to convict a criminal defendant.

True

False

Question 15

If a criminal defendant is given a suspended imposition of sentence, the defendant will have a conviction on the defendant's record even if the defendant successfully completes a term of probation.

True

False

Question 16

A preliminary hearing is not required following a grand jury indictment.

True

False

Question 17

The double jeopardy clause does not prohibit a civil cause of action following a finding of not guilty in a criminal trial.

True

False

Question 18

A speeding ticket requires proof of intent.

True

False

Question 19

Even though a corporate entity can't be jailed, it can be held responsible for criminal activity.

True

False

Question 20

If a prosecutor in the State of Missouri can prove beyond a reasonable doubt that a criminal defendant prepared to commit murder, the Defendant can be found guilty of attempted murder.

True

False