CHAPTER SIX
True-False
Any element of falsity renders the statement false.
1. Federal crimes are prosecuted in a federal court and, if conviction follows, result in confinement in
a state prison.
2. Criminal intent is a usual requirement for criminal responsibility.
3. Specific intent requires an intentional act, but no specific knowledge of particular circumstances.
4. Violations of state food quality regulations by a restaurant usually do not require any proof of
criminal intent.
5. An example of a federal crime is transportation of harmful drugs across state lines.
6. A common term for federal crimes is capital crimes. The origin of the reference comes from
federal enforcement of criminal acts in Washington D.C.
7. Private investment in, or ownership of, a prison is prohibited by law.
8. O. J. Simpson was found civilly liable for the wrongful death of his former wife Nicole and her
friend Ron Goldman even though he was found not guilty of the crimes in a criminal prosecution.
9. A young boy got off his old bicycle that was worth about $50, leaned it against a store front, and
while he was in the store a stranger grabbed the bicycle, tossed it in his pickup truck, and drove
away with the young boy yelling “stop thief!” The wrongdoer is guilty of robbery.
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10. Police cannot, ever, legally search your person or your residence without a search warrant.
11. A city ordinance banning the “loitering” of “vagrants” in front of business shops would be
constitutional.
12. A husband who offered to pay a bartender $5,000 for referral to a “hit” man to murder his wife
would be guilty of criminal assault.
13. If a prisoner escapes from jail because of a reasonable fear of sexual battery, he or she is not guilty
of the crime of escape from custody because of duress.
14. Every time a state police officer is guilty of brutality or racial discrimination, a federal crime has
occurred.
15. A person who never kills anyone personally, and who never even sees the victim, can, nonetheless
be guilty of murder.
16. According to the example in the text, T. C. Thorstenson was found guilty of the murder of his bride,
Margaret Lesher, although the cause of death was drowning and there were no eye witnesses.
17. If a store clerk dies from a heart attack suffered as the result of an armed robbery, the robber can be
convicted of murder.
18. Although it is a crime for an 18-year-old male to have sexual intercourse with a 15-year-old girl, it
is not a crime for an 18-year-old female to have sexual intercourse with a 15-year-old boy.
19. Kleptomania, and other “genuine” addictive-compulsive disorders, are defenses to the crime of
shoplifting.
Test Bank 3
20. Police can search garbage that is left by you for collection, looking for evidence of any crime,
without first obtaining a search warrant, even though there is sufficient time within which to obtain
a search warrant.
21. The corpus delicti is the body of the deceased who is the victim of a homicide.
22. Under some circumstances, a defendant can be convicted of and punished for murder even if he or
she personally never killed anyone.
23. Voluntary (or first-degree) manslaughter is an accidental killing committed in the heat of passion.
24. Actual or threatened force directed at a victim for the purpose of obtaining money or other property
is an example of mayhem.
25. In some states, a mistaken but reasonable belief that a minor is 18 years old or older is a complete
defense to the crime of statutory rape. In most other states, it is no defense to the crime.
26. Specific intent requires the intent to accomplish the precise act and harm that the law prohibits
27. Some states are turning to private companies to run certain of the states prisons as way of holding
down costs.
28. The Patriot Act Increased the federal government’s ability to legally prevent terrorist suspects from
entering the country and to detain or deport these foreign suspects.
29. Personal invasion is a crime involving an unwelcome or intrusive long-term pattern of threat or
harassment directed repeatedly toward a specific individual that triggers fear or concern in that
person.
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30. A law created to use against organized crime the Racketeer Influenced and Corrupt Organizations
Act (RICO) includes the forfeiture of any ill-gotten monetary gains form illegal activity including
real and personal property.
Fill-ins
Complete each sentence or statement.
1. An agreement between two or more persons to commit a crime generally is not a crime, unless and
until at least one of the participants engages in some __________________ in furtherance of the
crime.
2. When a person commences, but fails to complete, a crime, he or she is guilty of a(n)
__________________.
3. A felony that is punishable by death is called a(n) __________________ crime.
4. The difference between the crimes of murder and manslaughter is the existence of
__________________ in the mind of the perpetrator at the moment the offense takes place.
5. The difference between the crimes of voluntary and involuntary manslaughter (i.e., the most, and
the least blameworthy categories of manslaughter) is the existence of ________________________
in the mind of the perpetrator at the moment the offense takes place.
6. The burden of proof in a criminal case is __________________. The burden of proof for a criminal
defendant who seeks to prove the defense of entrapment, however, is merely a(n)
__________________ the usual burden in a(n) __________________.
7. The agreement reached among and between a criminal defendant, the prosecutor, and the judge, to
accept a guilty plea in exchange for a specified sentence, is called a(n) __________________.
8. The law that prohibits the use of evidence in a criminal trial that is wrongfully obtained by police is
called the __________________ rule.
Test Bank 5
9. The court proceeding that is conducted to determine whether or not there is probable cause of guilt
so that the defendant should stand trial for a specified felonious crime is called a(n)
__________________.
10. The procedure that releases a prisoner before the complete sentence is served is called
__________________.
11. The procedure that releases a prisoner before the sentence is begun is called __________________.
12. A fast-food restaurant that violates a city ordinance regarding cleanliness is guilty of a
__________________ usually called a(n) __________________.
13. A person who is cited by the Highway Patrol for speeding has been charged with a(n)
__________________.
14. Unlawful violence directed at a person because she is a Jew is a variety of __________________
crime that typically results in an enhanced penalty.
15. A person who follows, watches, attempts to converse with, and impliedly threatens by words or
gestures another person is guilty of the crime of __________________. The victim of such a crime
can obtain a court order directing the perpetrator to stop the conduct. Such a court order is called
a(n) __________________.
16. If Watson willfully splashes gasoline around his barn and ignites it, burning the barn to the ground,
he is guilty of the crime of __________________ if he did this for some wrongful purpose.
17. Assume an accused person pleads “not guilty” and later, during trial, testifies that “I did not pull the
trigger.” The jury doesn’t believe the defendant and convicts him of murder. In addition to murder,
the defendant is guilty of the crime of __________________.
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18. First degree murder requires proof of __________________.
19. Ksumé waited in the car while Sam and Oliva robbed a mini-mart. Oliva shot the store clerk.
Ksumé can be found guilty of murder as if he pulled the trigger under the __________________.
20. If Harold Mean purposely swerves his sports utility vehicle across a freeway lane to scare and
intimidate the driver of a small Saturn who had angered Mean, he is guilty of the crime of
__________________.
21. A punishment that is constitutionally impermissible is considered to be __________________.
22. __________________ is a legal writ or court order to release a prisoner from allegedly unlawful
confinement so that he or she can appear before a court for proper remedial action.
23. In the case of United States v Knights involved whether a search pursuant to ________________
satisfied the fourteenth amendment.
24. Directed to persons before a custodial interrogation the __________________ includes the
instruction that person has the right to be silent.
25. The _______________ strengthened and expanded the ability of federal intelligence and law
enforcement agencies to conduct warrantless searches related to terrorism.
Test Bank 7
Multiple Choice
Select the one best answer.
1. The felony-murder rule refers to situations in which
a. one defendant is held criminally responsible for a homicide committed by another principal
while committing a dangerous felony.
b. one defendant is held criminally responsible for a homicide that is provoked by the actions of
another principal while they are fleeing the commission of a misdemeanor.
c. all principals to a violent misdemeanor that results in a homicide are held accountable for
murder.
d. a murder is committed by an ex-felon on parole
2. Criminal intent is an essential element of every crime, except
a. regulatory offenses.
b. voluntary manslaughter.
c. theft.
d. mayhem.
3. Police may search a person, including his clothes and effects, without a search warrant if
a. there is suspicion that the person has committed a crime.
b. the person has been detained as part of an investigation.
c. the person fits a profile of the type of criminal who commits the kind of crime for which the
person is a suspect.
d. the person has been lawfully arrested.
4. A motor vehicle can be searched by police without a search warrant if
a. there is probable cause that motor vehicle contains contraband.
b. the car lawfully has been stopped for a traffic offense, such as speeding.
c. it is after hours and no judges are awake or available.
d. the driver of the car fits the profile of criminals who often deal in contraband.
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5. At the borders of the U.S., customs officials can lawfully conduct a “strip” or “skin” search.
a. searches near the border, or places of entry to the United States, are exempt from the general
requirements of probable cause
b. if the suspect conforms to a drug carrier’s profile, acts nervously, and wears bulky clothing a
search can be conducted.
c. if there is a “clear indication” that the suspect is guilty of a crime involving contraband a search
can be conducted.
d. All of the above
6. Generally, the right to self-defense extends to defending others who are
a. members of the victim’s immediate family.
b. an athlete being assaulted by an opposing team player.
c. co-conspirators.
d. all of the above
7. Trevor heard a burglar entering through a living room window. He grinned as he picked up his gun.
Crouching behind the sofa in his darkened home, he ambushed and killed the intruder with several
well placed shots. He then added another notch in his trusty side-arm. Trevor most probably
a. has exercised his constitutional right of self-defense.
b. has acted legally, because the shooting took place inside his home.
c. has acted legally if, but only if, the burglar was armed with a gun.
d. is guilty of a homicide, or at least voluntary manslaughter.
8. The federal “exclusionary rule,” prohibiting the use in court of evidence wrongfully obtained by the
prosecution, was created by
a. Congress in a statute.
b. the executive branch of government, following public hearings.
c. the U.S. Supreme Court.
d. the U.S. Constitution.
9. Following arraignment for a felony, the accused will be given the opportunity to enter a plea to the
charges. Which of the following is not a plea with a legal basis?
a. nolo contendere
b. guilty
c. not guilty by reason of insanity
d. guilty with extenuating circumstances
Test Bank 9
10. The governor of a state believes that a felon has “paid his dues” and should be forgiven for his or
her crime. An executive directive to implement that belief is called
a. parole.
b. probation.
c. pardon.
d. commutation.
11. Recidivist laws refer to state statutes that
a. keep sex offenders incarcerated.
b. keep repeat offenders incarcerated, primarily for perpetrators of violent offenses.
c. provide for early release for prisoners who have demonstrated their rehabilitation.
d. provide for compensation for victims of serious crimes.
12. Cruel and unusual punishment, in its constitutional law sense, does not refer to which of the
following?
a. prison sentences that are disproportionately long
b. cruelty inside prison walls
c. cruel methods of punishment, such as flashing lights and dripping water in a jail cell
d. erroneous punishment of innocent persons
13. A plea bargain serves the interests of society in all of the ways listed below, except
a. court time is saved.
b. the expense of trial is saved.
c. the prosecution might otherwise lose the case.
d. bargained sentences usually are longer.
14. Which of the following is least likely to occur at a preliminary hearing?
a. The prosecution calls witnesses.
b. The defense calls witnesses.
c. The judge decides if the defendant should stand trial.
d. The corpus delicti is established.
15. Which of the following is not a right of a person accused of a serious crime?
a. the right to remain silent
b. the right to his or her preferred attorney even if indigent (unable to pay for the services)
c. the right to confront adverse witnesses
d. the right to wear normal clothing, not jail attire, during trial
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16. Legal search warrants have certain requirements. Which of the following is not a requirement?
a. must specify the place to be searched
b. must specify the items to be seized
c. must be served by two or more law enforcement officers
d. must specify the time the warrant is to be executed
17. On the evening of the 4th of July, with the distant crackling of fire crackers heard in the distance,
Derek Dordson, standing in his backyard, aimed his big-game rifle straight into the sky. He fired
three shots in rapid succession. Then he returned to watch cartoons on TV. Unbeknownst to Derek,
his first bullet descended onto Victor’s head, killing him instantly. Derek’s second bullet descended
onto the windshield of Albert’s car, causing him to jerk the steering wheel to the left to avoid
further “gunfire” which, in turn, caused him to collide head on with an oncoming vehicle driven by
Police Sergeant Phillips. Albert had robbed a nearby service station and was speeding from the
scene of the crime when Derek’s bullet dropped. Both Phillips and Albert were killed instantly.
Derek’s third bullet was never found. Of what crimes is Derek not guilty?
a. murder of the first degree, three counts (Victor, Albert, and Phillips)
b. involuntary manslaughter for the death of Victor
c. involuntary manslaughter, one count each, for the death of Albert and Phillips
d. violation of an ordinance prohibiting the discharge of firearms in city limits
18. Criminal law is often similar even in different states and sometimes in different countries. Which
of the following U.S. crimes is not considered a crime by many countries including Canada and
England?
a. rape
b. cultivating hemp
c. robbery
d. treason
19. Two elements must exist simultaneously before a person can be convicted of most crimes. The first
is a specified state of mind or intent on the part of the person and the second is
a. the performance of a prohibited act.
b. a bad lawyer.
c. insanity.
d. evil motive.
Test Bank 11
20. To be found guilty of a crime, the state must show that
a. a statute prohibits the behavior.
b. the individual violated probation.
c. a common law case prohibits the conduct.
d. the person had evil intent
21. Of the following crimes, which has created the most difficulty in drafting a valid enforceable
criminal statute?
a. drug offenses
b. varying degrees of homicide
c. statutory rape
d. loitering
22. Dirk Dauber thought about murdering his wife, Lynda, so he could inherit her money. Over a
period of time, he developed and refined an elaborate scheme to commit the murder. He even wrote
a step-by-step plan that he kept in his computer. Lynda found the files during a routine inspection
of his files. Is he guilty of any crime?
a. Saving the computer files comprises the wrongful (and stupid) act and he is guilty of attempted
murder.
b. In the absence of any open, outward, manifested act, he had not yet committed a crime.
c. He is guilty of the new felony — abuse of computer files in the second degree — when he
recorded his base human thoughts to possible artificial intelligence.
d. He would be guilty, but Lynda’s acts were an unlawful search and seizure.
23. Which statement is true about manslaughter?
a. It is homicide with malice aforethought.
b. If charged with manslaughter, the accused has no right to not testify. The privilege against self-
incrimination only protects against murder charges.
c. A killing while high on narcotics is a common example.
d. A homicide occurring during rape would be manslaughter.
24. Many states have enacted rape shield statutes to
a. protect victims from abusive courtroom questioning.
b. increase penalties for the crime to such an extent as to deter the criminal.
c. make the names of previous offenders available off the Internet or through the local police
authorities.
d. count the crime double for multiple offender statutes.
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25. Which of the below are not defenses to a charge of criminal conduct?
a. self-defense
b. insanity
c. duress
d. the victim’s acquiescence
26. About punishment for criminal behavior
a. in recent years states have changed to indeterminate sentencing in criminal punishment.
b. misdemeanors are punishable in state prisons.
c. community service cannot be considered a punishment.
d. A determinate sentence is the confinement for a fixed or minimum period that is specified by
statute.
27. When arguing his case attorney Perry Masonmint said “My client ate the apple because the serpent
beguiled her.” Perry is making an analogy to
a. entrapment.
b. self defense.
c. insanity.
d. irresistible impulse
28. Fletcher Reede was interested in purchasing some crack and he went looking for a connection. He
found Samantha Cole but before he made the purchase he asked her if she was an undercover police
officer. She said no but lied. Fletcher bought the drugs and was arrested. Which of the following
is true?
a. Samantha’s behavior is entrapment.
b. Fletcher is in serious trouble.
c. Samantha’s recidivism negates Fletcher’s criminal intent.
d. As Samantha is a cop, she was required to tell Fletcher the truth.
29. All the below crimes involve the taking of property. Which is the most likely to lead to violence?
a. larceny
b. embezzlement
c. robbery
d. fraud
Test Bank 13
30. Which of the below is a correct statement regarding the defense of insanity.
a. The defense of insanity is no longer accepted in the United States.
b. A person is not guilty of a crime if in considering the act he was nuts or loony.
c. the defendant was incapable of distinguishing right from wrong at the time the act was
committed.
d. the definition of insanity is one used by psychiatrists to determine treatments necessary for a
mentally disturbed person.
Short Answer Essays
1. Paul was arrested and told he was being charged with violation of the common law crime of
annoying a pubic official. What is his probable defense?
2. What two elements must exist together before a person can be convicted of a crime? Provide an
example of a crime where one of these elements can be missing.
3. Name two challenges to criminal law enforcement created by technological advances, new science,
and geographical boundaries.
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4. What are the requirements of a criminal conspiracy? Provide an example of a conspiracy and
explain how it meets the definition.
5. Define the concept of entrapment, and provide an example of an entrapment.
6. Using examples, define the concept of cruel and unusual punishment.
7. Describe the function of a preliminary hearing.
Test Bank 15
8. What reforms in the criminal law system would you support (e.g., through voting, paying additional
taxes, and even persuading acquaintances)? Include the reasoning underlying each reform.
9. A prisoner testified that he escaped from prison, not because he wanted freedom, but rather to
escape physical abuse. If true, should this situation justify the escape? What ramifications of such a
defense can you identify?
10. Suppose a state statute provided: “Persons who loiter or wander on public streets must identify
themselves, with credible and reliable identification, and account for their presence. Violation of
this provision is a misdemeanor.” Can you think of any reasons why this law might be
unconstitutional?
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11. What is the distinguishing feature of a hate crime? What legal effect do they have?
12. Identify one exception to the general requirement that the authorities obtain a search warrant in a
criminal investigation.
13. Serena and Savyvahn, roommates at Georgia Tech, were attending a Friday night “mixer” in a
private home near campus where several other students began passing around and puffing on
marijuana cigarettes. Serena and Savyvahn had refused to take even one puff although they had
been sipping “light” beers for an hour or so before the doorbell rang. Serena and Savyvahn are one
year under the legal drinking age. Serena opened the door and a uniformed officer asked: “Can I
come in?” Serena simply said “sure.” Within minutes everyone in the house was issued a citation
for misdemeanor-possession of a controlled substance. Of what crimes are Serena and Savyvahn
guilty, if any? Select the correct answer from below and explain why it is correct.
Test Bank 17
a. They are guilty of underage consumption of alcoholic beverages.
b. They are guilty of the misdemeanor of “possession of a controlled substance for personal use”
as aiders and abettors of the persons who were smoking the marijuana.
c. They are not guilty of any crime, because the search by the police violated the Fourth
Amendment.
d. They are not guilty of any crime.