Chapter 11 Felonious And Aggravated Assaults And

subject Type Homework Help
subject Pages 13
subject Words 1640
subject Authors Terry M. Anderson, Thomas J. Gardner

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True / False
1. Hostagetakingdiffersfromkidnappinginthatitlacksa“movement”element.
a. True
b. False
2. Aperson’shandsmaybeconsidereddeadlyordangerousweapons.
a. True
b. False
3. Mandatory reporting laws have been enacted by all states to require doctors, nurses, teachers, day care workers,
and other people coming in contact with children to report suspected child abuse.
a. True
b. False
4. In some jurisdictions, even a touching may be charged as a battery.
a. True
b. False
5. Hostage taking is false imprisonment coupled with movement of the victim.
a. True
b. False
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6. Self-defense and necessity can be defenses to assault.
a. True
b. False
7. The common law definition of mayhem is the unlawful and violent depriving of the victim of full use of any
functional member of the body.
a. True
b. False
8. Some action on the part of the offender is always required for a conviction of child abuse.
a. True
b. False
9. In all courts, movement of the victim from one room to another is sufficient movement to justify a kidnapping
conviction.
a. True
b. False
10. Both kidnapping and false imprisonment require the victim to be moved from one place to another.
a. True
b. False
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Multiple Choice
11. In the case of assault, the aggravating factors are usually
a. use of a firearm
b. intent to commit a felony
c. use of a firearm or intent to commit a felony
d. none of these answers is correct
12. An assault made more serious by presence of a firearm or as part of intent to commit a felony is called
a. aggravated assault
b. battery
c. completed assault
d. assault
13. A battery that causes serious bodily injury or is committed with a deadly weapon is called
a. aggravated battery
b. assault
c. completed battery
d. battery
14. A defense in which the defendant claims the other party was the aggressor and the defendant acted in self-defense
is known as the
a. aggressor defense
b. mutual combat defense
c. reasonable discipline of a child by a parent
d. necessary conduct defense
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15. What is the name of an unlawful striking or offensive touching?
a. robbery
b. aggravated assault
c. battery
d. mayhem
16. Who of the following are required, by law, to report suspected child abuse?
a. doctors
b. teachers
c. nurses
d. All of these choices
17. An assault or battery can occur in a contact sport
a. if it is not consented to in writing
b. only if it constitutes a felony
c. if it is beyond the rules of the game
d. if the players differ in size
18. A defense to a charge of unwanted touching or physical contact could be that the touching was
a. offensive
b. accidental
c. belligerent
d. disorderly
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19. Under the Model Penal Code, giving someone a fierce look with intent to frighten would
a. not amount to a crime
b. be a simple assault
c. constitute the crime of menacing
d. be a battery
20. The defense to an assault or battery charge that a fight occurred in which all the parties willingly engaged is known
as the
a. aggressor defense
b. mutual combat defense
c. medical care defense
d. the jostling defense
21. On the federal level, which of the following crimes would constitute disablement of the normal functioning of a
human body?
a. affray
b. jostling
c. mayhem
d. disorderly conduct
22. When seeking to avoid the defenses that the other party was the aggressor or that mutual combat occurred, police
and prosecutors are likely to charge
a. disorderly conduct
b. lesser assault
c. public intoxication
d. misdemeanor assault
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23. An assault or battery may be a felony offense
a. becauseoftheseriousnessofthevictim’sinjuries
b. because a dangerous or deadly weapon was used
c. becauseoftheseriousnessofthevictim’sinjuries,andbecauseadangerousordeadlyweaponwasused
d. thoughnotbecauseoftheseriousnessofthevictim’sinjuries,norbecauseadangerousordeadlyweapon
was used.
24. If a victim is intentionally selected because of their race, religion, color, nationality, etc., the defendant may be
charged criminally
a. with discrimination
b. with hate crime
c. abuse
d. with a violation of constitutional rights
25. Parents have a legal duty to provide their children with the following EXCEPT
a. education
b. reasonable physical environment
c. money
d. clothing
26. The amount of force that parents may reasonably use in controlling their children is determined in view of
a. community standards
b. thechild’sageandsex
c. thechild’slevelofeducation
d. how the parents were raised
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27. The crime of kidnapping involves unlawfully
a. moving a person
b. assaulting a person
c. battering a person
d. concealing a person
28. Becausekidnappingrequiresthevictimtobemoved“somedistance”ora“substantialdistance,”somestateshave
created the crime of
a. false imprisonment
b. abduction
c. involuntary servitude
d. hostage taking
29. All of the following are defenses to a charge of assault or battery except
a. that the other party consented within the rules of the sport being played
b. that it was reasonable discipline of a child by a parent
c. that the conduct resulted from personal bias
d. that the conduct was necessary
30. An individual who unlawfully restrains or detains another may be charged with
a. false imprisonment
b. kidnapping
c. involuntary servitude
d. child snatching
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31. A false imprisonment aggravated by the movement of the victim to another place constitutes the crime of
a. false imprisonment
b. kidnapping
c. involuntary servitude
d. None of these choices
32. Theprimarydifferencebetweentheoffensesof“kidnapping”and“hostagetaking”is
a. one is a felony while the other is a misdemeanor
b. there is no difference, the offenses are identical
c. only kidnapping requires forcible movement of the victim
d. only hostage taking was a crime at common law
33. The use or threat of use of force to restrain or confine a person with the intent to use the person as a hostage to
compel another person to perform some act is the definition of
a. hostage taking
b. kidnapping
c. battery
d. assault
34. In most states parental kidnapping
a. is a civil offense only
b. may be dealt with only as part of a pending divorce case
c. is a misdemeanor
d. is a felony
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35. UnderthefederalMissingChildren’sAssistanceAct,parentsofmissingchildren
a. haveaccesstotheNationalCrimeInformationCenter’smissingpersonfiles
b. can file kidnapping charges against spouses who kidnap children
c. must be informed of all law enforcement efforts to find the child
d. may sue kidnappers for money damages
36. In 1996, Congress passed a law that forbids anyone convicted of which of the following crimes from possessing a
firearm?
a. child abuse
b. elder abuse
c. affray
d. domestic violence
37. Whatcrimeissimilartokidnappingbutdoesnotrequiremovingthevictima“substantialdistance”?
a. hostage taking
b. interstate kidnapping
c. parental taking
d. hostage kidnapping
38. The FBI can enter parental kidnapping cases through the Fugitive Felon Act for all of the following conditions
except
a. a state arrest warrant has been issued charging the parent with a felony violation
b. law enforcement officers have evidence of interstate flight
c. a specific request for FBI assistance must be made by state authorities, who agree to extradite and
prosecute
d. if the child wanted to go with the parent
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39. An assault conviction requires acts intended to cause
a. bodily injury, or instill fear of such injury
b. fear of bodily injury
c. bodily injury
d. mental anguish
40. Virtually any kind of physical contact can constitute a
a. battery
b. assault
c. taking hostage
d. kidnapping
41. Which of the following statements is true?
a. An assault can occur without a battery
b. An aggravated assault can occur without a weapon of some sort
c. A battery can occur without an assault
d. Aggravated mayhem can not occur without a battery
42. The definition of a battery is
a. a successful assault
b. an unsuccessful use of a weapon
c. an attempt to induce physical harm on another person
d. any battery below aggravated mayhem
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43. The definition of an assault is
a. a successful battery
b. an unsuccessful use of a weapon
c. the attempt to induce physical harm on another person
d. any battery below aggravated mayhem
44. This occurs when one parent abducts a child without the consent of the other parent.
a. false imprisonment
b. child abduction
c. child snatching
d. hostage taking
45. Unlawful restraint or detention of a person is called
a. false imprisonment
b. child abduction
c. kidnapping
d. hostage taking
46. Which is not one of the elements necessary in order to prove false imprisonment?
a. The defendant was not related to the victim
b. The act must have been intentional
c. The victim must have been constrained or movement prevented in some manner
d. The defendant had no legal authority to detain the victim
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47. Children who are abandoned, deserted or told to leave home are classified as
a. throwaways
b. stowaways
c. runways
d. family reductions
48. A lost child could also be any of the following except a
a. throwaway
b. stowaway
c. runway
d. victim of an abduction
49. Taking advantage of an older person, or abusing them physically, is called
a. elder abuse
b. retirement abuse
c. ageism
d. elder hate
50. Road rage may include all of the following behaviors except
a. defensive driving
b. honking
c. screaming at drivers
d. murder
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Susie is out at a night club she frequents and it is crowded. She feels the hands of another patron on her hip as he
attempts to move past her. She asks the bouncer to detain the man as she dials 911. The police respond and when
they arrive on the scene they arrest the man.
51. Given the information in the preface, the man arrested at the bar was likely charged with
a. robbery
b. offensive touching
c. battery
d. mayhem
52. The man's attorney probably moved to have the charges charged on the basis of
a. the hip not being an intimate part of the body
b. the man accidentally placed his hand on the hip
c. the man was pushed from behind and only touched Susie's hip to steady himself
d. the man was drunk and didn't mean anything by touching the hip
53. The crime the man was arrested for falls under the heading of
a. sexual assault
b. simple assault
c. menacing
d. battery
54. The man in the bar may consider charging the bouncer and the bar with
a. false imprisonment
b. kidnapping
c. involuntary servitude
d. false arrest
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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 passerby walking below. Mark's celebration ends when campus security arrive and place
him under arrest.
55. Mark may be charged with aggravated battery, a felony offense, in this case
a. becauseoftheseriousnessofthevictim’sinjuries
b. because of the reckless nature of the incident
c. because a dangerous or deadly weapon was used (the couch)
d. as a result of Mark's disregard for the safety of others
56. If the victim in this preface loses an eye or is disfigured in some fashion, then a charge of _____ may also be
added against Mark.
a. mayhem
b. hate crime
c. malicious disfigurement
d. domestic violence
57. If it can be proven that Mark landed the couch on the victim because of his race, then a _____ charge may also
be added against Mark.
a. mayhem
b. hate crime
c. malicious disfigurement
d. domestic violence
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Chuck meets his daughter after school and gives her a ride home, but today, the ride won't end at the mother's home,
but rather at Chuck's, who takes this opportunity to take his daughter out of state. Chuck intends never to return his
daughter to her mother, who has legal custody.
58. Upon realization that Chuck had kidnapped his daughter, under the ____, federal, state and local law enforcement
must now maintain a record of the abduction.
a. MissingChildren’sAssistanceAct
b. National Crime Information Center Law
c. Fugitive Felon Act
d. Amber Alert system
59. The police have issued a warrant for Chuck's arrest, charging him with
a. false imprisonment
b. pedaphilia
c. child snatching
d. hostage taking
60. Which is not a common reason for a parent to abduct a child from the other parent?
a. financial gain
b. to protect the child from the other parent
c. to bring about a reconciliation of the marriage
d. harassment of the other spouse
Completion
61. Included in the crime of ____ today are (1) an attempt to commit a battery in which no actual battery or physical
injury resulted, and/or (2) an intentional frightening.
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62. Assault made more serious by presence of a ____ or as part of intent to commit a felony is aggravated assault.
63. In many states the crime of assault also includes ____.
64. A defendant may argue ___________ combat as a defense to an assault or battery.
65. The presence of one or more ___________ factors could result in an assault or battery being charged as a felony.
66. ____ is a common defense asserted in assault and battery charges.
67. The U.S. Supreme Court has ruled that parents and people acting in the place of parents may use force
__________believednecessaryforthechild’spropercontrol,training,oreducation.
68. ____________ reporting laws require people coming in contact with children to report suspected child abuse.
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69. The offense of hostage taking may include all of the elements of kidnapping except __________ of the victim.
70. Child ___________ is the abduction of a child by one parent without the consent of the other parent.
71. An attempt to commit a battery is a(n) ___.
72. Unpermitted physical contact with another person, usually limited to private or genital areas, is called
73. The _________ held that only a mother has the nurturing qualities needed to love and care for a child through the
earlypartofthechild’slife,orthetenderyears.
74. Willfully inflicting an injury on another so as to cripple or mutilate the person is referred to as ____.
75. Intentionally placing or attempting to place another in fear of immediate serious physical injury is called
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Essay
76. Whatis“presentability”tocommitanassaultandwhatimpactcanlackofpresentabilityhaveonanassault
charge?
77. Forpurposesofanaggravatedassaultoraggravatedbatterycharge,explainwhatmayconstitutea“deadlyor
dangerousweapon.”
78. Under what circumstances may physical contact without consent constitute a criminal offense? Provide examples.
79. Discuss the defenses available to a defendant charged with the crime of assault or battery.
80. Explain how federal courts have distinguished the criminal offenses of mayhem and malicious disfigurement.
81. Some circumstances exist under which assaultive conduct might be justified. List those circumstances and explain
why the conduct might be justified.
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82. Explain what is involved in the offense of child abuse and discuss the laws that seek to protect children from
abuse.
83. Define, compare, and contrast the crimes of kidnapping, hostage taking, and false imprisonment.
84. Discuss the offense of child snatching and parental kidnapping. What steps have been taken in recent years to
address this type of crime?
85. List the different elements that must be proved for conviction of an assault or a battery. Provide examples.

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