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
The crime of forgery may involve creation of a fake document with intent to defraud.
a. True
b. False
Sarah gives her boyfriend a ride to work, but on the way home is pulled over for
speeding. During the issuance of the ticket, the officer notices a clear plastic bag
halfway under the back passenger seat. He asks what it is and when Sarah hands it over,
the officer arrests her for possession of a controlled substance with intent to sell.
Sarah argues the drugs are not hers, but she will nevertheless likely be charged with the
offense of
a. possession of a controlled substance
b. delivery of a controlled substance
c. possession with intent to deliver
d. possession of stolen property
What are the two types of identity theft?
a. true name and synthetic identity
b. false name and synthetic identity
c. true name and false identity
d. synthetic name and true identity
The maxim “ignorance of the law is no excuse” is applicable
a. in most cases
b. only in strict liability cases
c. in most cases except strict liability cases
d. almost never
The prosecution must prove the same basic elements in a shoplifting case as in a trial
for
a. robbery
b. theft
c. extortion
d. bribery
In fourteen states, doctors may prescribe the personal use of what drug for pain
management for people with serious illnesses?
a. cocaine
b. marijuana
c. heroin
d. methamphetamine
Bill left the same party as Margaret, but decided to sleep it off in the local park. The
weather got cooler so he turned his car on to keep warm. The police found him asleep in
the back seat.
For Bill to have avoided prosecution for drunk driving, he would need to have
a. turned the car off
b. turned the car off and removed the key from the ignition
c. turned the car off, removed the key from the ignition, and place the keys outside of
arms reach
d. Bill would have been charged with drunk driving anyway since he drove drunk to the
park
What is the name of the test which combines cognitive incapacity and moral
incapacity?
a. The M”Naghtentest
b. The “right and wrong” test
c. The Product rule
d. The “Substantial Capacity” Test
Johnny has been drinking heavily for several hours, celebrating his 21st birthday, and
then robs a liquor store. During the robbery, Johnny accidentally shoots and kills the
store owner. At his trial, Johnny claims that he was compelled to commit the robbery by
Bill and John, who threatened to assault Johnny’s sister if Johnny didn’t bring them
illegal booze.
If Bill and John had threatened Johnny, rather than Johnny’s sister, then which defense
could Johnny claim?
a. coercion defense
b. entrapment defense
c. necessity defense
d. duress defense
What other name is the “choice of evils” defense also known as?
a. coercion defense
b. entrapment defense
c. necessity defense
d. duress defense
One of the generally recognized goals of the criminal justice system is to protect society
from dangerous and harmful people.
a. True
b. False
A communication under the bank fraud act must cross state lines.
a. True
b. False
Purse snatching without force is a form of
a. theft
b. robbery
c. burglary
d. home invasion
Most states divide sexual assault into two or more degrees.
a. True
b. False
The amount of force used in self-defense or defense of another must, under the
circumstances that exist, be
a. correct
b. reasonable
c. identical
d. less than the force being used by the aggressor
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
Symbolic speech such as uniforms, religious garb, black armbands, and hand gestures
express messages and ideas and are protected by the
a. First Amendment
b. Second Amendment
c. Third Amendment
d. Fourth Amendment
Which is not one of the factors the Washington Supreme Court identified in determining
capacity?
a. the nature of the crime
b. the child’s age and maturity
c. the child’s socioeconomic status
d. prior conduct similar to that charged
What rule provides that a person who receives money in good faith and for value given
takes title to the money?
a. the “money” rule
b. the “title” rule
c. the “nemo dat” rule
d. the “bond” rule
The substantive criminal law
a. defines the standards of conduct for protection of the community
b. is an important branch of private law
c. is no longer followed in the U.S.
d. defines the steps followed in processing a criminal case
Double jeopardy does not bar successive prosecutions of a defendant convicted of one
offense if the subsequent prosecution involves
a. a different or separate offense
b. retrying a person who was previously found not guilty by reason of insanity
c. a new attorney
d. a different judge
The motor vehicle codes of most states contain strict liability statutes.
a. True
b. False
The second most common categories of criminal charges brought by the prosecutors
from 2001-2009 was
a. racketeering
b. terrorism
c. hostage taking
d. money laundering
Where does the International Criminal Court sit?
a. The Hague
b. The United Nations
c. Washington DC
d. Rome
Robbery may be thought of as a type of stealing.
a. forcible
b. covert
c. surreptitious
d. inchoate
The second prong requires
a. requires a showing the defendant did know what he was doing
b. requires a showing the defendant did not know what he was doing was wrong
c. requires a showing the defendant did not know what he was doing
d. requires a showing the defendant knew what he was doing was wrong
One of the benefits of the passage of the CCE Statute was that it enabled prosecutors to
charge people
a. whose actions enable a criminal enterprise to function
b. aided and abetted the mafia
c. with tax evasion
d. who cross state lines when committing crimes
In determining what constitutes a crime of child abuse, consideration will be given to
a. the age, size, and health of the child
b. the reason for the discipline
c. the gender of the child
d. the age, size, and health of the child, and the reason for the discipline
A person who kills another during the course of committing a felony, even if the killing
is accidental, is guilty of
a. depraved heart murder
b. involuntary manslaughter
c. felony murder
d. excusable homicide
As compared to the power of the states to enact criminal laws,
a. the federal government has identical authority
b. the federal government has no authority
c. the federal government has more authority
d. the federal government has less authority
Children who are abandoned, deserted or told to leave home are classified as
a. throwaways
b. stowaways
c. runways
d. family reductions
What is the “clear and present danger” test used to allow the government to restrict
speech? Give examples of when it would come into play.
Answer:N/A
Explain the difference between a verdict of not guilty by reason of insanity and a
verdict of guilty but mentally ill.
Answer:N/A
Why were prosecutions of organized crime prior to 1970 generally unsuccessful?
Describe the advantages of one organized crime statute passed in 1970.
Answer:N/A
What types of impossibility defenses have been rejected by the U.S. Supreme Court?
Why? What type of impossibility defense is still viable?
Answer:N/A
The right against double jeopardy is found in the Amendment.
Who may be criminally charged, and for what activity, involving prostitution?
Answer:N/A
Under the sovereignty doctrine, different governments may each file separate criminal
actions for the same criminal act.
To impose the death penalty, the jury must find the existence of a(n) circumstance.
What are the differences between the M”Naghtenrule and the ‘substantial capacity” test?
Which test has a stricter requirement?
Answer:N/A
An amount of an illegal drug that is so small that it is unusable is referred to as a ” ”
amount.
The ” ” rule is necessary to make sure money is freely negotiable.
What is heat of passion manslaughter? What are its requirements?
Answer:N/A
At times, a of fact can serve as a defense to criminal liability.
A asks the U.S. Supreme Court to review the decision of a lower court.
Forcibly taking possession of a motor vehicle in the possession of another against his or
her will with intent either to permanently or temporarily deprive the person of
possession is called .
States no longer require in their simple burglary statutes.
A majority of states and the federal government do not require as an element of the
crime of child pornography.
It is a crime to use marriage as a means of evading the immigration laws of the United
States.
What is the test for competency to stand trial and what happens to a defendant who is
found incompetent?
Answer:N/A