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Motive is an essential element of most criminal offenses.
a. True
b. 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 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.
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
International conventions and treaties between nations can confer power to what entity
to make criminal laws?
a. the Federal Government
b. Indian Tribal Courts
c. Military Courts
d. individual states within the United States
Bill, who was forced to swallow chewing tobacco as punishment for chewing it in the
boys bathroom at high school, gets very angry thinking about the incident. He decides
to confront the school's principal after a few days, and the discussion gets very heated.
During the course of confrontation, Bill strikes the principal with his fist, resulting in
the death of the principal. Bill is arrested and now stands trial for murder.
Bill's defense attorney, in her presentation, argues the death penalty should not be
imposed due to Bill's history of abuse at home. The circumstances described are
circumstances.
a. aggravating
b. mitigating
c. random and capricious
d. arbitrary and illogical
Not having to retreat before using defensive force in one's home is known as the "castle
doctrine."
a. True
b. False
The Latin phrase nemodatquodnonhabetmeans
a. you're on your own
b. let the buyer beware
c. one cannot give what one does not have
d. buy low, sell high
Whether excessive force was used by police in making an arrest will be analyzed under
the Fourth Amendment and what standard?
a. due process
b. equal protection
c. reasonableness
d. necessary
Should the conduct of law enforcement agents be deemed outrageous, it may violate the
defendant's right to due process.
a. True
b. False
Violations of restraining orders are not "true threats".
a. True
b. False
Strong-arm robbery is also known as
a. mugging
b. aggravated robbery
c. armed robbery
d. burglary
Freedom of speech is an absolute right.
a. True
b. False
Which of the following conduct is a misdemeanor under immigration laws?
a. first illegal entry
b. reentry of deported alien
c. second illegal entry
d. aiding subversive alien to enter
In a public school, any excessive, unreasonable corporal punishment which would
shock the conscience would be a violation of
a. substantive due process
b. procedural due process
c. the cruel and unusual punishment clause
d. equal protection
Which of the following reasons does not help explain why use of deadly force is
currently forbidden in the defense of property?
a. today, few items of property are vital to survival
b. today, many items of personal property are insured against loss
c. today, law enforcement agencies are readily available to assist individuals confronted
with theft
d. today, property is considered communally owned
Rocky doesn't like the current political situation and decides to act on those feelings by
asking some like-minded friends over to his apartment. There the groups discusses
various topics, such as how best to overthrow the government. They make a to-do list
and start out the door, where the FBI arrests them.
Rocky would have been charged with
a. aggravated assault
b. money laundering
c. intent to commit robbery
d. sedition
Insider trading includes using information acquired by an insider and
a. not available to the public to profit in a sale of securities
b. paid for through bribery
c. received by extorting a government official
d. gained through illegal entry
A defendant arrested in possession of a large amount of an illegal drug may be charged
with possession with intent to deliver.
a. True
b. False
An example of private law is
a. criminal law
b. criminal procedure
c. divorce
d. Constitutional law
What is the name of the crime in which people of the same family have sex?
a. rape
b. sexual assault
c. sexual battery
d. incest
The bad guy unlawfully enters the victim's house with the intent to sexually assault her
but, once inside, he realizes she is not home. He leaves without committing rape and
without stealing any property from the home. The bad guy
a. cannot be prosecuted for any crime
b. can only be prosecuted for criminal trespass
c. can be prosecuted for attempted sexual assault
d. can be prosecuted for burglary
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 woman and shows her a knife. The woman immediately releases the purse and
Billy turns and runs straight into a police officer, who arrests him.
Before Billy pulled on knife on the woman, the incident would have been treated as a
a. theft
b. robbery
c. burglary
d. home invasion
Mark is giving testimony at his trial. He uses a disparaging word to describe the
prosecutor and the judge halts the proceedings.
Based on the information in the preface, the type of contempt that occurred in the court
was
a. civil, because Mark interfered with the functioning of a court
b. criminal, because it was at a criminal trial
c. civil, because Mark refused to obey a court order
d. criminal, because the contempt was towards an officer of the court
Taking can occur by all of these except
a. direct acts
b. appropriating lost or mislaid goods
c. deception
d. a direct purchase
What criminal charge is often used in fraud cases?
a. theft by fraud or larceny by fraud
b. theft by fraud
c. larceny by fraud
d. None of these choices
When a person becomes liable for the criminal acts of another, it is known as strict
liability.
a. True
b. False
Johnny 'sneaky" Burgle sneaks into his neighbor's house through a basement window
and begins to conceal items into this large bag. Johnny 'sneaky" Burgle accidentally
knocked over a vase, which made a loud noise when it broke. This noise woke up the
home owner. The home owner confronted Johnny and ordered him out of his house.
Johnny 'sneaky" runs out of the house when confronted by the home owner. A police
officer orders him to stop and tells Johnny that he is under arrest. Johnny pulls out a
knife and charges the officer in an attempt to kill him. The police officer may use what
type of force?
a. Deadly but not deadly force
b. Deadly force
c. No force at all
d. Non-deadly force
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
The general rule is that ignorance of the law is
a. not a defense
b. a defense only to crimes of violence
c. is a defense
d. is a defense only in capital cases
A statute making heroin addiction, by itself, a crime would most likely
a. be upheld by the U.S. Supreme Court
b. be found unconstitutional
c. violate the overbreadth doctrine
d. conflict with present day drug statutes
Craig and Jamie really love music, movies, and just about anything that can be played,
watched or listened to on an electronic device. Craig downloads several songs and a
couple movies, paying the movie and song companies for them. He then exports them
to Jamie so that she may watch and listen at her leisure. Jamie pays Craig five dollars
for the bundle.
The movies and songs which Craig downloaded would not be a violation of
a. federal copyright act
b. the "fair use" doctrine
c. federal and state laws that protect trade secrets
d. federal wire fraud laws
One who is a habitual criminal is called a .
Describe the elements of the defense of entrapment and what types of police activity are
not considered entrapment.
Answer:N/A
The use of force and violence in the pursuit of extreme political, ideological, or
religious goals, without regard to the innocent lives that may be lost is the definition of .
What is the mental state (element) that generally must be proved in possession
offenses? Do criminal statutes require that ownership of the property be proved? Why
or why not?
Answer:N/A
What is extradition and when does it become necessary?
Answer:N/A
In all criminal cases, the requirement that the government prove the crime was
committed and the defendant was a party to the crime is called .
In order to compel a person to do something she is obligated to do, a court may hold the
person in contempt.
When a criminal statute imposes liability without requiring proof of criminal intent, the
offense is called a liability offense.
The test of the adequacy of provocation in manslaughter cases is determined by how the
average or person would react under those circumstances.
Explain how the Commerce Clause is the basis for the federal government's authority to
enact some criminal laws. Discuss a Supreme Court case that addressed the federal
government's powers under the Commerce Clause to make a particular action a federal
offense.
Answer:N/A
Explain how a protester burning the American flag or a cross can be engaged in
protected speech under the First
Amendment.
Answer:N/A
Failure to try a defendant within the time necessary to satisfy the speedy trial
requirement may result in of the criminal charge.
Discuss how private security officers are trained to handle a shoplifting incident.
Answer:N/A
illegal drugs can be proved by showing a "reasonable connection" between the facts of
possession, such as the large quantity of the drug, and an intent to sell the drugs.
What are the reasons child pornography laws have been found unconstitutional?
Explain the difficulty of drafting child pornography laws that are constitutional.
Answer:N/A
What is a conclusive presumption? Why are conclusive presumptions prohibited?
Answer:N/A
Explain what is involved in the offense of child abuse and discuss the laws that seek to
protect children from abuse.
Answer:N/A
