The terms upskirtingand downblousingdescribe offenses that are charged under statutes.
a. invasion of privacy
b. community standards
c. sexual assault
d. statutory rape
Criminal trespass occurs when a person unlawfully and knowingly enters the land or
building of another.
a. True
b. False
The Mail fraud act is a federal law used to combat organized crime.
a. True
b. False
A defense based on unacceptable government persuasion even though the defendant
admittedly chose to commit the crime is known as
a. entrapment
b. frame up
c. set up
d. necessity
Tommy Johnson, who is 14 years old goes into the local clothing store and steals a pair
of $120 Nike shoes. The store’s loss prevention catches him and calls the police.
If Tommy did not have the mental capacity or the ability to formulate the necessary
criminal intent or understanding that he/she committed a crime, then Tommy
a. would not be prosecuted
b. would be prosecuted as a child
c. would be prosecuted based on diminished capacity
d. would be prosecuted as an adult
The abuse of prescription drugs is mainly of what kind of drug?
a. anti inflammatory drugs
b. painkillers
c. antacids
d. aspirin
A(n) is any defense that assumes the charges to be correct but raises other facts that
present a valid excuse.
a. corpus delicti
b. affirmative defense
c. negative defense
d. burden of proof
An extraordinary rendition occurs when a person is seized in one country and then
transported to another country for
a. interrogation
b. extradition
c. repatriation
d. mediation
The U.S. Supreme Court has held that any ‘scheme of artifice” must include which of
the following?
a. a material falsehood
b. a legal falsehood
c. a criminal falsehood
d. a falsehood
The payment of money as part of a defendant’s sentence is the definition of a
a. seizure
b. capital offense
c. fine
d. forfeiture
If it appears the victim may have provoked the killing, the defendant will likely be
charged with
a. felony murder
b. manslaughter
c. first-degree murder
d. depraved-mind murder
Double jeopardy means that a person who has been acquitted by a judge or a jury may
not be tried again, unless subsequent investigation reveals evidence that proves
conclusively that the defendant is guilty.
a. True
b. False
The federal government does not have inherent police power to create criminal law and
is limited to the powers granted to the federal government in the
a. U.S. Constitution
b. Great Writ
c. Declaration of Independence
d. U.S. Supreme Court Guidelines
Fines, like other types of punishment, must be
a. balanced
b. contingent
c. pro-rated
d. proportional
Should a member of the U.S. military commit a crime off-base, jurisdiction will be with
a. the state
b. U.S. District Court
c. military court
d. United Nations
Joe is driving in an area of town where prostitutes are known to frequent. Before long,
he observes a woman dressed suggestively and waving at cars. He pulls over and begins
a conversation with her. They agree to a price in exchange of sexual favors. Joe is later
arrested by the police.
Joe was arrested for the services of a prostitute.
a. procuring
b. promoting
c. pimping
d. enabling
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.
Craig attempts to argue that Jamie and he are educators and intended all along to use the
movies and music only in the classroom where would apply.
a. federal copyright act
b. the “fair use” doctrine
c. federal and state laws that protect trade secrets
d. federal wire fraud laws
The money earned from Enrique’s illegal drug cartel numbers in the millions, but the
problem is what to do with the money. Enrique would like to put it someplace safe, but
his pillow case is stuffed full. He begins to purchase expensive luxury items, structuring
his payments below $10,000. He takes some of the other money and opens accounts
below $10,000, routing the cash through cooperative banks until he can withdraw it
freely.
Structured payments would apply to which instance?
a. the purchase of the luxury items
b. the opening up of bank accounts under $10,000
c. the movement of money from one bank to another
d. the gifts to friends and family
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
What percent of state prisoners were convicted of a violent crime while under the
influence of alcohol alone?
a. 21%
b. 31%
c. 41%
d. 51%
Shoplifting detention acts (or shopkeeper’s privilege) grants merchants immunity from
civil actions brought by suspected shoplifters who were detained if the security
personnel
a. are licensed security guards
b. can demonstrate the existence of probable cause
c. personally witnessed the act of shoplifting
d. captured the theft on videotape
To find a defendant guilty of the crime of receiving stolen property, most states
a. do not require scienter
b. require proof the defendant knew the property was stolen
c. require proof the defendant committed the theft
d. require proof the defendant had a motive
Under common law rules, what was required in order to prove the crime of conspiracy?
a. proof of the criminal conspiracy
b. an overt act
c. any act in furtherance of the conspiracy
d. any act, regardless if it furthered the conspiracy
The mistake of fact defense may not be used for which type of offense
a. felony
b. misdemeanor
c. capital
d. strict liability
The standard for the defendant to prove insanity is
a. strict proof standard
b. reasonable suspicion
c. a preponderance of the evidence
d. beyond a reasonable doubt
If the body of the murder victim is never found, the defendant
a. may be held in custody indefinitely
b. may be convicted based on circumstantial evidence
c. can never be convicted of murder
d. may be convicted only of manslaughter
Sammy’s the mayor of Friendlyville and has been siphoning money from the Boys’ and
Girls Club over the past six years, amassing a tidy sum of $58,000. When the scam
comes to light, investigators interview Sammy, who disavows any knowledge of the
crime, blaming the allegations on political enemies. John, the deputy mayor, who has
known of Sammy’s illegal behavior for some time, provides a complete picture of
Sammy’s crimes to investigators and now both John and Sammy are placed under
arrest, but not before deleting as many emails about the subject as possible.
Which of the defendants would be guilty of committing perjury?
a. Sammy, because he lied to investigators
b. John, because he deleted emails relevant to the case
c. both Sammy and John because the both had knowledge of the stealing
d. neither Sammy nor John because the trial had not yet started
The offense of inciting occurs
a. if the person incited actually commits the crime
b. if the person inciting participates in the criminal act
c. even if the unlawful act is never actually committed
d. if the inciting words are expressed in a loud and forceful voice
In a majority of states, if the perpetrator uses force, not to take the property, but to
prevent the victim from escaping, the offense is
a. extortion
b. a robbery
c. embezzlement
d. intimidation
Nonverbal expressions that convey a belief or idea is the definition of what type of
speech?
a. libel
b. slander
c. symbolic
d. hate
In Atkinsv.Virginia, 536 U.S. 304 (2002), the Court held that the Cruel and Unusual
Punishment Clause of the Eighth Amendment prohibited imposition of the death
penalty on defendants with
a. mental retardation
b. schizophrenia
c. terminal illness
d. none of these answers are correct
A person found not guilty by reason of insanity cannot be tried again because of the
Constitutional provision against double .
Obtaining property by threats of future harm. It differs from robbery in that robbery
requires threat of immediate harm is called .
Anticipatory crimes are commonly referred to as crimes.
Most courts now hold that any effect on commerce satisfies the RICO jurisdictional
requirement
An example of impossibility would be trying to pick a pocket that is empty.
What are the two ways that credit card theft can be proved? Which do you think is the
harder to prove? Why?
Answer:N/A
What is the “money” rule? Why is the “money” rule an exception to the general
property rules?
Answer:N/A
Explain the “year and a day rule” as it relates to the crime of murder and the
requirement that a crime be the proximate cause of the victim’s injuries. Describe how
and why the rule has evolved over the years.
Answer:N/A
Forcible stealing combined with the use of a deadly or dangerous weapon, or which
results in serious bodily injury to another is called .
are field tests used to evaluate a motorist’s alcohol or drug impairment.
Why does a state have general power to make criminal law and to prosecute those who
violate the law?
Answer:N/A
What are the limits on summary contempt convictions? What is the reason for these
limitations?
Answer:N/A
For the crime to be voluntary manslaughter, the crime must have resulted from a
sufficient or adequate
Identify the three key points for determining when force is justified. What factors might
a court or jury take into account in determining if force was justified?
Most state statutes on criminal conspiracy require proof of an act by a defendant.
What is a terrorist threat? How is a person charged who makes a terrorist threat but does
not carry out the threat?
Answer:N/A
States often make failure to report for duty when summoned a crime.
Property is divided into two types: real property and property.