Criminal Law

Ambiguity in a criminal statute should be resolved in favor of the defendant.

• True

• False

Answer explanation

An ambiguous statute is one that is capable of two or more equally reasonable interpretations. The rule of lenity holds that ambiguity in a criminal statute should be resolved in favor of the defendant.

An arrest must be based on evidence that would constitute:

• Probable cause

• Proof beyond a reasonable doubt

• Clear and convincing evidence

• Suspicion

Answer explanation

Under the Fourth Amendment to the US Constitution, an arrest of a person by law enforcement officers must be supported by "probable cause" which exists when facts and circumstances within the police officer's knowledge would lead a reasonable person to believe that the suspect has committed, is committing or is about to commit a crime.

Cash that an arrested person gives to a court to ensure that he or she will appear in court at a set time:

• Bail

• Bond

• Collateral

• Warrant

Answer explanation

Bail is the cash money. Bond is a loan with collateral.

Criminal establishes what constitutes a crime, however, criminal procedures are:

• Methods used to bring the offenders to justice

• Methods that makes the plaintiff whole

• Methods that are commenced upon arrest

• Methods used by the offender

Answer explanation

Criminal law establishes what constitutes a crime, however criminal procedures are method that are used to bring offenders to justice. Criminal procedures are safeguards against the mistreatment of suspected criminals. More specifically, criminal procedures are utilized to enforce the constitutional procedures commences with the initial police contact and extends through trial, sentencing, and appeals.

Criminal offenses that are malum prohibitum are:

• Criminal due to legislative declartion

• Inherently evil crimes

• not criminal crimes

• Criminal offenses that are not punishable

Answer explanation

Criminal offenses that malum prohibitum are criminal due to legislative declaration.

The 8th amendment to the Constitution provides which of the following:

• Excessive bail shall not be required, excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted

• Freedom of religion, speech and the press

• Freedom from unreasonable search and seizures

• The right to a speedy trial

Answer explanation

The 8th amendment provides that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Freedom of religion, speech and press are guaranteed by the first amendment. The fifth amendment guarantees freedom from unreasonable search and seizures. The right to a speedy trial is set forth in the sixth amendment.

Under the Fourth Amendment, all searches and/or arrests must have:

• Probable cause

• Intent

• Breached duty

• Foreseeability

Answer explanation

The fourth amendment states the "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 desiring the place to be search and the persons or things to be seized.

Which of the following is not guaranteed under the Bill of Rights?

• Freedom of Religion

• Right to a speedy trial in a civil case

• Freedom from unreasonable searches and seizures

• Right to assistance of counsel in a criminal case

Answer explanation

Right to a speedy trial in a civil case, the 6th amendment guarantees a criminal defendant the right to a speedy trial, but under the Constitution, no such right exists for parties in a civil case

"No state shall deny to any person within its jurisdiction the equal protection of the laws." This provision, known as the Equal Protection Clause, is applied to the federal government through which amendment?

• The Fifth Amendment

• The Sixth Amendment

• The Fourteenth Amendment

• The Fifteenth Amendment

Answer explanation

The Fourteenth Amendment addresses many aspects of the citizenship and the rights of citizens including the Equal Protection Clause.