Criminal Law 12th Edition

It is a defense to the charge of statutory rape that the defendant reasonably believed the person was not a minor. a. True b. False Answer: False Answer: False Answer: False A statute forbidding persons not in custody from making false statements to law enforcement officers, even if not under oath, would a. not violate the First

Under immunity, statements made by the witness may not be used in subsequent prosecutions. a. transactional b. use c. diplomatic d. legislative Answer: b Answer: b Answer: b Which of the following factors is not capable of increasing the degree of sexual assault? a. force used b. a weapon used c. bodily injury inflicted d. if subterfuge, tricks, or drugs were

True / False 1. An ex post facto law is a law which has a retroactive effect. a. True b. False ANSWER: TrueREFERENCES: General Constitutional Limitations on Criminal LawsLEARNING OBJECTIVES: CRLA.GAAN.15.01.08 - 01.08KEYWORDS: Blooms:Remember ANSWER: TrueREFERENCES: General Constitutional Limitations on Criminal LawsLEARNING OBJECTIVES: CRLA.GAAN.15.01.08 - 01.08KEYWORDS: Blooms:Remember ANSWER: True REFERENCES: General Constitutional Limitations on Criminal Laws LEARNING OBJECTIVES:

1. Which of the following requirements is included in those generally required by courts to reduce murder to manslaughter? a. there must be adequate provocation b. the killing must have been in a heat of passion c. there must have been no opportunity to cool off d. all of these are included in the requirements

True / False 1. Hostagetakingdiffersfromkidnappinginthatitlacksamovementelement. a. True b. False ANSWER: TrueREFERENCES: Offenses Against the Liberty of a Person: KidnappingLEARNING OBJECTIVES: CRLA.GAAN.15.11.07 - 11.07KEYWORDS: Blooms:Remember ANSWER: TrueREFERENCES: Offenses Against the Liberty of a Person: KidnappingLEARNING OBJECTIVES: CRLA.GAAN.15.11.07 - 11.07KEYWORDS: Blooms:Remember ANSWER: True REFERENCES: Offenses Against the Liberty of a Person: Kidnapping LEARNING OBJECTIVES: CRLA.GAAN.15.11.07 - 11.07 KEYWORDS: Blooms:Remember 2. Apersonshandsmaybeconsidereddeadlyordangerousweapons. a. True b.

True / False 1. Most states divide sexual assault into two or more degrees. a. True b. False ANSWER: TrueREFERENCES: Rape or Sexual AssaultLEARNING OBJECTIVES: CRLA.GAAN:15.12.01 - 12.01KEYWORDS: Blooms:Remember ANSWER: TrueREFERENCES: Rape or Sexual AssaultLEARNING OBJECTIVES: CRLA.GAAN:15.12.01 - 12.01KEYWORDS: Blooms:Remember ANSWER: True REFERENCES: Rape or Sexual Assault LEARNING OBJECTIVES: CRLA.GAAN:15.12.01 - 12.01 KEYWORDS: Blooms:Remember 2. It is a defense to

True / False 1. A person may have lawful possession of property yet not be the owner. a. True b. False ANSWER: TrueREFERENCES: General Property ConceptsLEARNING OBJECTIVES: CRLA.GAAN:15.13.01 - 13.01KEYWORDS: Blooms:Remember ANSWER: TrueREFERENCES: General Property ConceptsLEARNING OBJECTIVES: CRLA.GAAN:15.13.01 - 13.01KEYWORDS: Blooms:Remember ANSWER: True REFERENCES: General Property Concepts LEARNING OBJECTIVES: CRLA.GAAN:15.13.01 - 13.01 KEYWORDS: Blooms:Remember 2. Taking and keeping lost or

True / False 1. Robbery is the taking of property from a person or from the presence of the victim by the use of force or threat of force. a. True b. False ANSWER: TrueREFERENCES: RobberyLEARNING OBJECTIVES: CRLA.GAAN.15.14.01 - 14.01KEYWORDS: Bloom's: Remember ANSWER: TrueREFERENCES: RobberyLEARNING OBJECTIVES: CRLA.GAAN.15.14.01 - 14.01KEYWORDS: Bloom's: Remember ANSWER: True REFERENCES: Robbery LEARNING OBJECTIVES: CRLA.GAAN.15.14.01 -

True / False 1. Fraud involves deceitful means or acts to cheat a person, corporation, or governmental agency. a. True b. False ANSWER: TrueREFERENCES: Fraud and Fraudulent PracticesLEARNING OBJECTIVES: CRLA.GAAN.15.15.02 - 15.02KEYWORDS: Bloom's: Remember ANSWER: TrueREFERENCES: Fraud and Fraudulent PracticesLEARNING OBJECTIVES: CRLA.GAAN.15.15.02 - 15.02KEYWORDS: Bloom's: Remember ANSWER: True REFERENCES: Fraud and Fraudulent Practices LEARNING OBJECTIVES: CRLA.GAAN.15.15.02 - 15.02 KEYWORDS:

True / False 1. A suspect cannot be found to have been operating a motor vehicle by being behind the wheel of a car with the keys in the ignition. a. True b. False ANSWER: FalseREFERENCES: Alcohol-Related CrimesLEARNING OBJECTIVES: CRLA.GAAN.15.16.08 - 16.08KEYWORDS: Bloom's: Remember ANSWER: FalseREFERENCES: Alcohol-Related CrimesLEARNING OBJECTIVES: CRLA.GAAN.15.16.08 - 16.08KEYWORDS: Bloom's: Remember ANSWER: False REFERENCES: Alcohol-Related

True / False 1. Not all terrorists are sponsored or protected by a nation or a group. a. True b. False ANSWER: TrueREFERENCES: Financing Terrorism: Where Does the Money Come From?LEARNING OBJECTIVES: CRLA.GAAN:15.17.07 - 17.07KEYWORDS: Bloom's: Remember ANSWER: TrueREFERENCES: Financing Terrorism: Where Does the Money Come From?LEARNING OBJECTIVES: CRLA.GAAN:15.17.07 - 17.07KEYWORDS: Bloom's: Remember ANSWER: True REFERENCES: Financing

True / False 1. The federal RICO removes the jurisdictional requirement that the racketeering activities affected interstate commerce. a. True b. False ANSWER: FalseREFERENCES: Federal and State Laws Passed After 1970 to Fight Organized CrimeLEARNING OBJECTIVES: CRLA.GAAN.15.18.02 - 18.02KEYWORDS: Bloom's: Remember ANSWER: FalseREFERENCES: Federal and State Laws Passed After 1970 to Fight Organized CrimeLEARNING OBJECTIVES: CRLA.GAAN.15.18.02

True / False 1. Contempt is the willful disregard of the authority of a court of law or of a legislative body. a. True b. False ANSWER: TrueREFERENCES: ContemptLEARNING OBJECTIVES: CRLA.GAAN.15.19.02 - 19.02KEYWORDS: Bloom's: Remember ANSWER: TrueREFERENCES: ContemptLEARNING OBJECTIVES: CRLA.GAAN.15.19.02 - 19.02KEYWORDS: Bloom's: Remember ANSWER: True REFERENCES: Contempt LEARNING OBJECTIVES: CRLA.GAAN.15.19.02 - 19.02 KEYWORDS: Bloom's: Remember 2. Contempt may be

True / False 1. Under the American system of federalism, the congress has the primary responsibility of maintaining public order and safety within each state. a. True b. False ANSWER: FalseREFERENCES: Jurisdiction of the Federal Government to Enact Criminal LawsLEARNING OBJECTIVES: CRLA.GAAN:15.02.01 - 02.01KEYWORDS: Blooms:Remember ANSWER: FalseREFERENCES: Jurisdiction of the Federal Government to Enact Criminal LawsLEARNING

True / False 1. A party to a crime could be a person who aids and assists in the commission of the crime. a. True b. False ANSWER: TrueREFERENCES: Crimes Requiring Proof of Mental FaultLEARNING OBJECTIVES: CRLA.GAAN:15.03.01 - 03.01KEYWORDS: Blooms:Remember ANSWER: TrueREFERENCES: Crimes Requiring Proof of Mental FaultLEARNING OBJECTIVES: CRLA.GAAN:15.03.01 - 03.01KEYWORDS: Blooms:Remember ANSWER: True REFERENCES: Crimes

True / False 1. In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime, has not yet violated any law. a. True b. False ANSWER: TrueREFERENCES: Preliminary, Anticipatory, and Inchoate CrimesLEARNING OBJECTIVES: CRLA.GAAN.15.04.01 - 04.01KEYWORDS: Blooms:Remember ANSWER: TrueREFERENCES: Preliminary, Anticipatory, and Inchoate

True / False 1. Manystateshavecodifiedsomeversionofthecommonlawrulesonchildrenscriminalcapacity,thoughtheyvary on the age limits adopted. a. True b. False ANSWER: TrueREFERENCES: Ancient Concepts of Criminal ResponsibilityLEARNING OBJECTIVES: CRLA.GAAN.15.05.01 - 05.01KEYWORDS: Blooms:Remember ANSWER: TrueREFERENCES: Ancient Concepts of Criminal ResponsibilityLEARNING OBJECTIVES: CRLA.GAAN.15.05.01 - 05.01KEYWORDS: Blooms:Remember ANSWER: True REFERENCES: Ancient Concepts of Criminal Responsibility LEARNING OBJECTIVES: CRLA.GAAN.15.05.01 - 05.01 KEYWORDS: Blooms:Remember 2. The Washington Supreme Court identified eight factors

True / False 1. The law regarding the use of deadly force in making an arrest is exactly the same from state to state. a. True b. False ANSWER: FalseREFERENCES: The Use of Force in Making an ArrestLEARNING OBJECTIVES: CRLA.GAAN.15.06.04 - 06.04KEYWORDS: Blooms:Remember ANSWER: FalseREFERENCES: The Use of Force in Making an ArrestLEARNING OBJECTIVES: CRLA.GAAN.15.06.04

True / False 1. At times, a mistake of fact can serve as a defense to criminal liability. a. True b. False ANSWER: TrueREFERENCES: Mistake or Ignorance of Fact as a DefenseLEARNING OBJECTIVES: CRLA.GAAN.15.07.02 - 07.02KEYWORDS: Blooms:Remember ANSWER: TrueREFERENCES: Mistake or Ignorance of Fact as a DefenseLEARNING OBJECTIVES: CRLA.GAAN.15.07.02 - 07.02KEYWORDS: Blooms:Remember ANSWER: True REFERENCES: Mistake or

True / False 1. The Eighth Amendment of the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, provides that excessivebailshallnotberequired,norexcessivefinesimposed,norcruelandunusualpunishmentsinflicted. a. True b. False ANSWER: TrueREFERENCES: The Constitutional Limitation on PunishmentLEARNING OBJECTIVES: CRLA.GAAN.15.08.01 - 08.01KEYWORDS: Blooms:Remember ANSWER: TrueREFERENCES: The Constitutional Limitation on PunishmentLEARNING OBJECTIVES: CRLA.GAAN.15.08.01 - 08.01KEYWORDS: Blooms:Remember ANSWER: True REFERENCES: The Constitutional Limitation

True / False 1. Freedom of speech is an absolute right. a. True b. False ANSWER: FalseREFERENCES: BeliefSpeechAction:WhenSpeechMayBeRegulatedLEARNING OBJECTIVES: CRLA.GAAN:15.09.01 - 09.01KEYWORDS: Blooms:Remember ANSWER: FalseREFERENCES: BeliefSpeechAction:WhenSpeechMayBeRegulatedLEARNING OBJECTIVES: CRLA.GAAN:15.09.01 - 09.01KEYWORDS: Blooms:Remember ANSWER: False REFERENCES: BeliefSpeechAction:WhenSpeechMayBeRegulated LEARNING OBJECTIVES: CRLA.GAAN:15.09.01 - 09.01 KEYWORDS: Blooms:Remember 2. FightingwordsareprotectedspeechundertheFirstAmendment. a. True b. False ANSWER: FalseREFERENCES: TheClearandPresentDangerTestLEARNING OBJECTIVES: CRLA.GAAN.15.09.02 - 09.02KEYWORDS: Blooms:Remember ANSWER: FalseREFERENCES: TheClearandPresentDangerTestLEARNING OBJECTIVES: CRLA.GAAN.15.09.02 - 09.02KEYWORDS: Blooms:Remember ANSWER:

If a person is killed during the commission of a felony not listed in 1111, it is a. not murder solely because of the felony committed b. not murder c. murder solely because of the felony committed d. none of these answers is correct Answer: a Answer: a Answer: a The crime of forgery may involve creation of

The purpose of civil contempt is to a. punish the defendant b. compel the defendant to carry out the court's order c. allow the defendant to challenge the court's order d. rehabilitate the defendant Answer: b Answer: b Answer: b Mickey joins a guerilla band fighting the governemnt in some far away country. While in leading a squad

Motive is an essential element of most criminal offenses. a. True b. False Answer: False Answer: False Answer: False Mark turns in his last final exam of the semester and returns to his dorm. He begins to consume alcoholic beverages and is soon very drunk. In his inebriated state, he begins to throw furniture out of

When does purse snatching become robbery? a. when more force than necessary to take the property is used in the crime b. when less force than necessary to take the property is used in the crime c. purse snatching is always robbery d. None of these choices Answer: a Answer: a Answer: a In Gonzalesv.Raich,the court reasoned that

Billy is walking along the street and in front of him a woman is walking. Billy is wearing his running shoes so the woman does not suspect anything. He bolts ahead and grabs the woman's purse, but the woman resists by holding on to the purse. Billy turns on the

Officer Jones stops a car for speeding (55 mph in a 25 mph school zone). The driver of this vehicle becomes very argumentative and refuses to give the officer his driver's license. The police officer tells the driver that if he doesn't provide his driver's license then he will be

Mark turns in his last final exam of the semester and returns to his dorm. He begins to consume alcoholic beverages and is soon very drunk. In his inebriated state, he begins to throw furniture out of the window, and the last item he tosses, a couch, lands on a

Local, state, or federal governments in the United States cannot forbid or suppress speech and punish the speaker unless the speech is likely to bring harm to people or property. a. True b. False Answer: True Answer: True Answer: True In some states there is a presumption that children between the ages of 7 and 14

Jason forcibly entered a building after business hours and proceeded to remove eight computers. He then sold these computers to Bill, who in turn sold them to Peggy. Peggy did not know the origin of the computers, but Bill did. If Jason may be charged with a crime if he were found

The terms upskirtingand downblousingdescribe offenses that are charged under statutes. a. invasion of privacy b. community standards c. sexual assault d. statutory rape Answer: a Answer: a Answer: a Criminal trespass occurs when a person unlawfully and knowingly enters the land or building of another. a. True b. False Answer: True Answer: True Answer: True The Mail fraud act is a federal law used

A bailment, or pledge, is an example of a legal situation where the person who a. has actual possession does not have constructive possession b. has possession of an item, is not the owner of the property c. has the title to the item does not have a right to possess the item d.

The crime of kidnapping involves unlawfully a. moving a person b. assaulting a person c. battering a person d. concealing a person Answer: a Answer: a Answer: a Federal courts and many states use the Model Penal Code substantial step test in determining whether the crime of has been committed. a. attempt b. solicitation c. conspiracy d. obstruction of justice Answer: a Answer: a Answer:

States with the "guilty but mentally ill" verdict a. have abolished the insanity defense b. have retained the insanity defense c. consider it identical to the not guilty by reason of insanity verdict d. require the prosecution to prove the defendant was mentally ill Answer: b Answer: b Answer: b Ivan works for the Russian diplomatic delegation in

Scott "too tough" Rudy finds out that his girlfriend is cheating on him with his best friend. Scott "too tough" goes over to his best friend's house and finds his girlfriend is there and is engaged in sexual acts with his best friend. Scott "too tough" takes out his gun

The National Institute of Justice defines rape as which of the following types of penetration achieved through the use of force or threat of force except a. vaginal b. oral c. anal d. cleavage Answer: d Answer: d Answer: d A defense in which the defendant claims the other party was the aggressor and the defendant acted in

Susan McDougal was convicted of four felonies by a jury, and then served 18 months for failure to answer grand jury questions about Whitewater. This scandal was called a. Watergate b. Irangate c. Bridgegate d. Whitewater Answer: a Answer: a Answer: a At times, a mistake of fact can serve as a defense to criminal liability. a. True b.

What is the usual limit under federal law, 28 U.S.C. 1826, on the period a person can be held in jail for civil contempt for refusal to obey a court order? a. 18 months b. 24 months c. 36 months d. 48 months Answer: a Answer: a Answer: a The Communications Decency Act passed by Congress in 1996,

The state bank fraud act and the wire fraud act are frequently used to convict white collar criminals. a. True b. False Answer: False Answer: False Answer: False The Sixth Amendment requires that factual findings made for the purpose of enhancing a sentence must be made by a a. jury b. judge c. prosecuting attorney d. defense attorney Answer: a Answer: a Answer:

If a shopper in a store is falsely accused of shoplifting in public but no criminal charges were brought, it may give rise to a civil suit alleging a. slander b. libel c. false detention d. malicious prosecution Answer: a Answer: a Answer: a Under the doctrine of transferred intent, the intention formed by the perpetrator of a

Congress enacted the Federal Antiterrorism Law following the 1995 bombing of the Oklahoma City federal building. a. True b. False Answer: True Answer: True Answer: True Which of the following terms refers to an individual's mental state? a. mens rea b. actus reus c. scienter d. proximate cause Answer: a Answer: a Answer: a The "money" rule is an exception to what other

The difference between a frame-up and a set-up is that in a set-up the person doing the set-up is a. not a law enforcement officer b. a law enforcement officer c. a judge d. is not a judge Answer: a Answer: a Answer: a Home invasion requires which of the following? a. unlawful entry of the dwelling of another

The witness protection program created in 1970 provides new identities and relocation for witnesses a. and their families in both state and federal criminal prosecutions of organized crime b. and their families in federal criminal prosecutions of organized crime c. in both state and federal criminal prosecutions of organized crime d. and their families

Explain the clash between the federal government and several states over the medical use of marijuana. Answer:N/A Mark is giving testimony at his trial. He uses a disparaging word to describe the prosecutor and the judge halts the proceedings. To hold Mark in contempt, the judge must decide if the Mark's comment

An ex post facto law is basically a a. legislative infliction of criminal punishment without a trial b. retroactive criminal statute c. limitation on freedom of speech d. federal criminal statute Answer: b Answer: b Answer: b Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped

The Apprendiopinion caused many changes in a. sentencing procedures b. jury procedures c. misdemeanor trial procedures d. wording of three strikes laws Answer: a Answer: a Answer: a The grand jury system makes prosecution in federal courts advantageous. a. True b. False Answer: True Answer: True Answer: True If force in making arrests should be necessary because of resistance or an attempt to

Who is authorized to identify groups or organizations as terrorist organizations? a. the House of Representatives b. the President c. the Congress d. the State Department Answer: d Answer: d Answer: d There is no contempt unless there is some sort of a. wrongful intent b. criminal intent c. malicious d. knowledgeable intent Answer: a Answer: a Answer: a A person who claims to be

Customs, practices, treaties, and agreements that most nations subscribe to for the conduct of wars openly declared against sovereign nations are called a. international agreements concerning waging war b. rules of war c. treaties d. international conventions Answer: b Answer: b Answer: b Deceitful means or acts used to cheat a person, corporation, or governmental agency is known

When the body of the deceased is available, but doctors are unable to testify specifically that the cause of death was due to an unlawful act a. jurors may speculate as to cause of death b. the defendant is still likely to be convicted of murder c. the defendant will likely plead self defense d.

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime, has not yet violated any law. a. True b. False Answer: True Answer: True Answer: True In 1983, the United States claimed sovereignty over waters extending how many nautical miles from the

In most, if not all states, the use of booby traps is a. unlawful b. lawful c. lawful only if injury does not result in death d. subject to civil penalties only Answer: a Answer: a Answer: a A program that sends multiple possible passwords to enter a computer is called a. brute force b. gale force c. wired tactics d. strong

Robbery of persons inhabiting a dwelling is called a. home invasion b. aggravated robbery c. burglary d. aggravated burglary Answer: a Answer: a Answer: a Actions taken to provide services of a prostitute is called a. procuring b. promoting c. pimping d. All of these choices Answer: d Answer: d Answer: d The offense of injuring the character or reputation of another by oral or

In 2010 Arizona passed a state statute which requires persons to carry valid a. immigration documents b. driver's licenses c. birth certificates d. proof of residency Answer: a Answer: a Answer: a Having the accused and the accuser fight one another to decide guilt or innocence is referred to as a. trial by ordeal b. trial by jury c. trial by