Criminal Law Test Answers w/Question

Question 1

1

Answer 1

Officers failing to respond properly to a domestic violence incident may result in civil liability, disciplinary action, or termination of employment.

All of the above.

Question 2

2

Answer 2

Michigan’s domestic violence warrantless arrest statute must be based on which of the following relationships: Spouse or former spouse, Child in common, person residing in or having resided in the same household, or current or former dating relationship?

Any of the above.

Question 3

3

Answer 3

A personal protection order (PPO) prohibits the assailant from entering on the victim’s premises. Is the order violated even if the victim has invited the assailant onto the premises after the order was issued?

Yes.

Question 4

4

Answer 4

Which of the following should be considered to avoid dual arrests: size of the parties, witness statements, prior history, degrees of injuries?

All of the above.

Question 5

5

Answer 5

Can you interview the children in a domestic assault case if they were there and saw something?

Yes.

Question 6

6

Answer 6

A police officer has the authority to enter the scene when responding to a domestic violence complaint without a warrant based on consent from a person with the authority to consent, exigent circumstances, or the officer witnessing acts of violence.

All of the above.

Question 7

7

Answer 7

A police officer should arrest in a domestic violence incident when an arrest warrant exists, probable cause exists to believe an assault was committed, or a felony, misdemeanor, or other violation was committed in the officer’s presence.

All of the above.

Question 8

8

Answer 8

A felony committed by a child 14 years of age or older can lead to the child being charged as an adult for certain serious violent offenses under the following circumstances: The prosecutor files a motion with the Family Division of the Circuit Court, the court determines probable cause, and the court considers the best interest of the child and public.

All of the above.

Question 9

9

Answer 9

A police officer may take a child into custody if detention is ordered by the court, the parent or guardian cannot be located, the child is unable to care for themselves, the child is found violating a law or ordinance, or there is a danger to the child’s health, morals, or welfare.

All of the above.

Question 10

10

Answer 10

The Child Division of the Circuit Court has exclusive original jurisdiction over any person under 18 years of age who violates any law or ordinance, deserts their home without sufficient cause, is repeatedly disobedient to lawful commands, or is willfully and repeatedly absent from school.

All of the above.

Question 11

11

Answer 11

The case “In re Gault” made many constitutional rights, except trial by jury, applicable to juveniles facing criminal charges.

True.

Question 12

12

Answer 12

The standard of proof in a juvenile court proceeding is:

Proof beyond a reasonable doubt.

Question 13

13

Answer 13

In common law, a child under the age of 7 was considered incapable of committing a crime. Which of the following statements are true: (1) Juveniles held for status offenses are not to be placed in secure detention; (2) Once a juvenile is placed in adult secure detention, they must be transferred to a juvenile facility or released to their parents within six hours?

A1 and A2.

Question 14

14

Answer 14

What is a status offense?

A violation such as curfew, runaway, or minor in possession.

Question 15

15

Answer 15

Can you transport a 14-year-old and an 18-year-old arrested together in the same patrol vehicle?

False.

Question 16

16

Answer 16

During a preliminary hearing in the Family Division of the Circuit Court, if the parents of the juvenile cannot be found, the court must appoint a guardian or an attorney to represent the juvenile.

True.

Question 17

17

Answer 17

If a juvenile is stopped for a traffic violation, the officer may issue a citation and release the juvenile without notifying the parents or guardian.

True.

Question 18

18

Answer 18

One of the main provisions of the Constitution is to place restraint on the exercise of powers of agents of government in order that individual rights can be preserved.

True.

Question 19

19

Answer 19

Law enforcement officers are agents of the government.

True.

Question 20

20

Answer 20

The right to have an attorney in a criminal proceeding is found in which amendment?

6th Amendment.

Question 21

21

Answer 21

The 4th Amendment to the Constitution protects against what?

Unreasonable searches and seizures by government agents.

Question 22

22

Answer 22

The three branches of the federal government are executive, judicial, and legislative.

True.

Question 23

23

Answer 23

The 14th Amendment to the U.S. Constitution provides for procedural due process.

True.

Question 24

24

Answer 24

Which of the following amendments are not directly involved in the law of admissions and confessions?

7th Amendment.

Question 25

25

Answer 25

The Miranda case is based on which provision of the Constitution?

5th Amendment.

Question 26

26

Answer 26

Which of the following is correct regarding the requirement to give Miranda advice of rights and protections provided by Miranda?

Miranda applies to custodial interrogation, meaning they are in custody and you are asking them questions.

Question 27

27

Answer 27

An involuntary confession violates which constitutional rights?

5th Amendment (prohibition of compelled self-incrimination) and 14th Amendment (right to due process of law).

Question 28

28

Answer 28

Which of the following is correct regarding the requirement to give Miranda advice of rights and the protections provided by Miranda?

applies to custodial interrogation, meaning they are in custody and you are asking them questions.

Question 29

29

Answer 29

For the purposes of Miranda, a person is typically not considered to be in custody under which circumstance?

During a Terry stop.

Question 30

30

Answer 30

Regarding admissions and confessions, the use of deception by the police to obtain a waiver of Miranda rights could render a confession inadmissible in court.

True.

Question 31

31

Answer 31

Which of the following would most likely be allowed under the public safety exception to Miranda?

Asking the location of the weapon used in a crime that occurred a few minutes earlier.

Question 32

32

Answer 32

A confession would not be admissible if the suspect was not advised of their rights under Miranda, even if they have an extensive criminal record and claim to know their rights.

True.

Question 33

33

Answer 33

Which of the following is not required in the Miranda advice of rights?

“If you wish to stop answering questions, you may do so at any time.”

Question 34

34

Answer 34

Officer Jenks answered a call for assistance from a woman who had just been beaten by her divorced husband. Her mouth was bleeding, and she told the officer her husband had previously been served with a PPO restraining him from molesting or assaulting her.

May the officer arrest the husband without a warrant? Yes.

Question 35

35

Answer 35

The term “probable cause” means an average person of reasonable intelligence can, based on the facts, come to the conclusion that a crime has been committed.

True.

Question 36

36

Answer 36

An officer can arrest a person based on information from their police dispatcher that a valid criminal warrant for the person’s arrest exists in a neighboring community, even if it is outside the officer’s jurisdiction.

True.

Question 37

37

Answer 37

Joe Peaceful, a private citizen, can legally arrest Mike Hardcore for robbery.

Yes, because robbery is a felony.

Question 38

38

Answer 38

The U.S. Supreme Court held in Tennessee v. Garner that the Tennessee statute allowing the use of deadly force to prevent a fleeing suspect from escaping was unconstitutional.

True.

Question 39

39

Answer 39

The elements of a valid arrest are authority, intent, force, custody, and submission.

True.

Question 40

40

Answer 40

A police officer may not arrest without a warrant for a 90-day misdemeanor that was not committed in the officer’s presence.

True.

Question 41

41

Answer 41

Michigan law requires an officer making an arrest without a warrant to notify the person of the reason for the arrest at the time of the arrest or without unnecessary delay.

True.

Question 42

42

Answer 42

The use of deadly force for nonviolent felonies may constitute a violation of the fleeing felon’s constitutional rights under certain circumstances, as held by the U.S. Supreme Court.

True.

Question 43

43

Answer 43

In determining whether an arrest is valid, the most important fact the court will consider is whether the officer had probable cause to make the arrest.

True.

Question 44

44

Answer 44

To charge a person with the offense of altering a financial transaction device, there must be evidence presented that the act was done with intent to defraud.

True.

Question 45

45

Answer 45

A man walks up to you and says that someone broke his car window and stole a pack of gum valued at $2. What is the crime?

Larceny from a motor vehicle or trailer.

Question 46

46

Answer 46

To establish the crime of breaking and entering, must the breaking cause actual physical damage?

False.

Question 47

47

Answer 47

To convict a person of home invasion in the first degree, you must prove that the defendant was armed with a dangerous weapon or that another person was lawfully present in the dwelling.

True.

Question 48

48

Answer 48

The crime of unlawful driving away of an auto requires that the bad guy must drive the vehicle away. If Mr. Bad Guy tows the vehicle, the element of driving away is not present and the crime can’t be committed.

False.

Question 49

49

Answer 49

The term ‘real property’ refers to land and all things attached to or growing on the land.

True.

Question 50

50

Answer 50

Mr. Bad Guy steals the hubcaps from a car valued at $600. What is the crime?

Larceny.

Question 51

51

Answer 51

Mr. Bad Guy opens the door to a warehouse, enters, and intends to commit a larceny or felony but is confronted by the occupant. In order to get away, Mr. Bad Guy assaults the occupant without committing a larceny or felony. What crime was committed?

Breaking and entering with assault.

Question 52

52

Answer 52

You have $20 left in your checking account and write a check for $100 for groceries, intending to deposit the extra $80 later but forgetting to do so. What crime has been committed?

No crime.

Question 53

53

Answer 53

The charge of home invasion in the third degree must involve an intention to commit a misdemeanor or violate a condition of bond, probation, parole, or a PPO.

True.

Question 54

54

Answer 54

Embezzlement differs from the crime of larceny because embezzlement involves a breach of trust, usually where an employee steals money from an employer.

True.

Question 55

55

Answer 55

Wimpy walks into a restaurant and says he will gladly pay Tuesday for a hamburger today. He does not intend to pay and never does. What crime has been committed?

Obtaining property or money under false pretenses.

Question 56

56

Answer 56

A suspect enters a house where the owners are on vacation, opens an unlocked window, and steals an item. While leaving, the suspect accidentally breaks an antique vase valued at $1,000. What crime has been committed?

Home invasion second degree.

Question 57

57

Answer 57

A 15-year-old girl is in love with her 19-year-old boyfriend. They have consensual sexual intercourse. What crime has the boyfriend committed?

CSC third degree.

Question 58

58

Answer 58

During the commission of a home invasion, Mr. Bad Guy sexually assaults the victim, involving penetration. What is the crime?

CSC first degree.

Question 59

59

Answer 59

The difference between voluntary manslaughter and murder is that voluntary manslaughter is without malice.

True.

Question 60

60

Answer 60

Which of the following is robbery: I knocked out an old woman and took her money from her purse?

Robbery (felony larceny from a person).

Question 61

61

Answer 61

Which CSC crimes do not involve sexual penetration?

CSC 2 and CSC 4.

Question 62

62

Answer 62

Bill struck his wife 15 times with his fist, causing serious injuries severe enough to require medical care. Without intending to commit murder or inflict great bodily harm, what can Bill be charged with?

Aggravated assault.

Question 63

63

Answer 63

Mr. Bad Guy hits Sally Sue on the head and takes her purse. Mr. Bad Guy has a gun hidden in his pocket, but Sally never sees the gun. What is the crime?

Armed robbery.

Question 64

64

Answer 64

During the commission of an armed robbery, Mr. Bad Guy mistook his partner for a police officer and fired his weapon, killing his partner. Mr. Bad Guy says it was an accident. What is the crime?

Murder in the first degree (homicide committed in the commission of another felony).

Question 65

65

Answer 65

Ron Jones has been in jail for two years. When he is released, he discovers that his girlfriend Mary has been sexually involved with his friend Jason. Ron buys a shotgun and tries to kill Jason, but only wounds him. What crime can Ron be charged with?

Assault with intent to commit murder.

Question 66

66

Answer 66

In order to charge a person with armed robbery, does the robber have to actually show the weapon?

False.