Chapter 11 What do the crimes of theft, robbery, fraud, and receiving stolen property

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Chapter 11: Crimes Against Property
Chapter 11 Test Bank
Crimes Against Property
MULTIPLE CHOICE
1. What was the first nonconsensual, non violent taking felony?
a. false pretenses
b. larceny
c. extortion
d. robbery
2. What do the crimes of theft, robbery, fraud, and receiving stolen property all
have in common?
a. they all consist of taking someone else’s property
b. they all consist of damaging someone else’s property
c. they all consist of destroying someone else’s property
d. they all consist of invading someone else’s property
3. What crime was created to deal with caretakers who wrongfully appropriated
the money that came into their possession but really belongs to others?
a. embezzlement
b. larceny
c. false pretenses
d. extortion
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Instructor’s Resource Manual with Test Bank
4. Larceny was born as the common-law tool to protect the Anglo-Saxons’ most
valuable possession, which was
a. land.
b. money.
c. children.
d. livestock.
5. Illegally obtaining property by trick, deception, or lie is called
a. voyeurism.
b. larceny by deception.
c. false pretenses.
d. larceny by lie.
6. Which of the following term means wrongfully possessing or disposing of
someone else’s property as if it were yours?
a. conversion
b. converting
c. embezzling
d. deceiving
7. Legislatures responded to the problem of unlawful conversion of property by
creating what felony?
a. embezzlement
b. robbery
c. larceny
d. theft
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Chapter 11: Crimes Against Property
8. The group of crimes that under common law were referred to as abuse-of-trust
crimes eventually came to be called
a. cybercrime.
b. arson.
c. white-collar crime.
d. embezzlement.
9. Most states have made an attempt to better organize the law of theft by enact-
ing what statutes?
a. omnibus larceny
b. comprehensive theft
c. complete theft
d. consolidated theft
10. Professionals who sell stolen property for profit are called
a. purveyors.
b. fences.
c. procurers.
d. wholesalers.
11. Most states have consolidated the old crimes of larceny, embezzlement, and
false pretenses into one offense called
a. theft.
b. receiving stolen property.
c. breaking and entering.
d. white-collar crime.
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Instructor’s Resource Manual with Test Bank
12. The federal mail fraud statute defines false pretenses
a. much more broadly than common law fraud.
b. much less broadly than common law fraud.
c. the same as common law fraud.
d. slightly different than common law fraud.
13. The federal mail fraud statute played an essential role in the government’s case
against
a. Bernard Madoff.
b. Timothy McVeigh.
c. Kenneth Lay.
d. Martha Stewart.
14. The actus reus of robbery as defined by state statutes is
a. the use of force or the threat of force.
b. theft with a gun.
c. theft with a weapon.
d. a theft accompanied by injury to the victim.
15. What is the name of a scheme in which schemers tell investors they’re buying
assets like real estate, stocks and bonds, or consumer products when in fact,
they’re buying nothing?
a. Ponzi schemes
b. Stewart schemes
c. Nanz schemes
d. Tendrick schemes
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Chapter 11: Crimes Against Property
16. What is the crime in which theft is accomplished under circumstances intended
to terrorize the victim by actual injury or the threat of immediate injury to the
victim?
a. extortion
b. burglary
c. robbery
d. false pretenses
17. The crime of extortion occurs when the thief takes the victim’s property by
threatening
a. imminent injury.
b. serious injury.
c. direct injury.
d. future injury.
18. Robbery is really two crimes, theft and
a. extortion.
b. assault.
c. arson.
d. stalking.
19. Even slightly mishandling the victim, like a push, turns the pickpocket into a
a. burglar.
b. arsonist.
c. robber.
d. extortionist.
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Instructor’s Resource Manual with Test Bank
20. Most states have divided robbery into degrees, based on how many circum-
stances?
a. two
b. three
c. four
d. five
21. The circumstance element of time separates extortion from
a. burglary.
b. arson.
c. robbery.
d. extortion.
22. The actus reus of receiving stolen property is the act of receiving the
a. property.
b. money.
c. knowledge of the property.
d. summons.
23. Today, arson is a crime against possession and occupancy, not just against
a. ownership.
b. property.
c. buildings.
d. titles.
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Chapter 11: Crimes Against Property
24. Today, arson is a crime against possession and , not just owner-
ship.
a. death
b. destruction
c. increased insurance rates
d. occupancy
25. The MPC (ALI 1985, 2:2, 3) tries to clear up many of the technical questions
in common-law arson by providing that burning means
a. starting a fire.
b. at least slightly burning a structure.
c. burning or causing smoke damage to a structure.
d. intent to burn a structure.
26. Typically, there are how many degrees of arson?
a. two
b. three
c. four
d. five
27. The offense of burglary is what kind of crime?
a. general intent only
b. specific intent
c. vicarious liability
d. strict liability
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Instructor’s Resource Manual with Test Bank
28. The Model Penal Code divides arson into degrees based on
a. defendant’s intent.
b. defendant’s blameworthiness.
c. amount of damage.
d. defendant’s motive.
29. Criminal mischief descends from a common-law crime, the misdemeanor
called
a. malicious mischief.
b. malicious malfeasance.
c. malicious waywardness.
d. malicious disobedience.
30. Which of the following is not a form of criminal mischief?
a. destruction or damage by fire
b. tampering with tangible property so as to endanger property
c. threat of physical violence to another person
d. deception or threat that causes someone to suffer money loss
31. The heart of burglary and criminal trespass is
a. invading others’ property.
b. damaging others’ property.
c. stealing others’ property.
d. destroying others’ property.
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Chapter 11: Crimes Against Property
32. Blackstone’s definition of burglary just before the American Revolution em-
phasizes the special nature of
a. homes.
b. personal property.
c. businesses.
d. cars.
33. What crime can, in some senses, be thought of as a partial or attempted burgla-
ry?
a. theft
b. criminal trespass
c. extortion
d. larceny by trick
34. The term “intellectual property” refers to
a. ideas and their application in practice.
b. a person’s natural intelligence.
c. tangible property in the nature of books and manuscripts.
d. diplomas, certifications, and other materials that show someone has
completed a course of study.
35. Intellectual property thefts may be undetected because
a. many law enforcement experts do not understand the nature of the
crime.
b. businesses do not realize a crime has occurred.
c. most people think that little harm is caused by such crimes.
d. it is difficult to catch cyber-criminals.
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Instructor’s Resource Manual with Test Bank
TRUE/FALSE
1. The common law crime of larceny protects victims who voluntarily hand over their
property to a caretaker who later decides to convert the property to his or her own use.
a. true
b. false
2. Embezzlement was not a crime at common law.
a. true
b. false
3. In order to establish the crime of obtaining property by false pretenses, it must be
shown that the victim parted with the property because he believed the lies told by the
thief in order to get the property.
a. true
b. false
4. All states have repealed offenses involving receipt of stolen property.
a. true
b. false
5. Receiving stolen property is a crime that applies only to those who sell stolen property
for profit.
a. true
b. false
6. Burglary is a specific-intent crime.
a. true
b. false
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Chapter 11: Crimes Against Property
7. The definition of burglary today is broader than the common law definition.
a. true
b. false
8. Cybercrimes are really new ways to commit the three ancient kinds of property crimes:
taking it, damaging or destroying it, and invading it.
a. true
b. false
9. Burglary is a strict liability crime.
a. true
b. false
10. Because burglary is defined so broadly, many states divide it into several degrees.
a. true
b. false
11. In many states, there is more than one type or degree of burglary.
a. true
b. false
12. For common-law burglary, a circumstance element was that the crime occurred at
night.
a. true
b. false
13. The first nonconsensual, non violent taking felony was larceny.
a. true
b. false
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Instructor’s Resource Manual with Test Bank
14. In some jurisdictions, the entering element of burglary has been supplemented by a
surreptitious remaining element.
a. true
b. false
15. Despite the broad scope of burglary statutes the offense never invites injustices.
a. true
b. false
16. Criminal trespass is a narrower crime than burglary.
a. true
b. false
17. Trespass used to be limited to unauthorized invasions of physical property.
a. true
b. false
18. Burglary and arson are both crimes against persons.
a. true
b. false
19. The Model Penal Code created three degrees of criminal trespass.
a. true
b. false
20. Identity theft is the crime committed most often in the United States
a. true
b. false
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Chapter 11: Crimes Against Property
COMPLETION
1. The more than nine annual identity theft “victims spend an average
of 600 hours over 2 to 4 years and $1400 to clear their names.
2. A whole new vocabulary has grown up to describe the ways hackers commit
.
3. In embezzlement, the ____________ replaces the usual taking requirement.
4. The form of theft involving deceit is called false ____________.
5. In order to improve the law of theft, many states have passed ______________ theft
statutes.
6. Robbery involves taking property through the use of force or the _________ of force.
7. Extortion is taking someone’s property by threatening _______ harm.
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Instructor’s Resource Manual with Test Bank
8. The heart of the crime of criminal trespass is ________ another person’s property.
9. _____________ generally do not affect network performance, as their malicious
activities are mostly confined within the target computer itself.
10. Computer crime often involves ____________ property.
ESSAY
1. Discuss, compare, and contrast common law burglary with typical current burglary
statutes. Be sure to provide examples.
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Chapter 11: Crimes Against Property
2. Discuss, compare, and contrast contemporary burglary and criminal trespass. Be sure
to provide examples.
3. Discuss some of the new ways that computers and the internet have made it possible
for criminals to commit old crimes. Provide examples of how the law has changed to
accommodate these new forms of old crimes.
4. Discuss, compare, and contrast larceny, embezzlement, and false pretenses.
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Instructor’s Resource Manual with Test Bank
5. Discuss and define the crimes of arson and criminal mischief.

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