EDUC 87759

subject Type Homework Help
subject Pages 15
subject Words 2304
subject Authors Terry M. Anderson, Thomas J. Gardner

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page-pf1
The crime of kidnapping involves unlawfully
a. moving a person
b. assaulting a person
c. battering a person
d. concealing a person
Federal courts and many states use the Model Penal Code substantial step test in
determining whether the crime of has been committed.
a. attempt
b. solicitation
c. conspiracy
d. obstruction of justice
Samantha went on a date with Chad, but the next morning realized she had no memory
much of the evening. She had only a few sips of the one drink she ordered, but her
memory fades soon after. She's suspicious and fears she may be a victim of a sexual
assault.
Samantha may have ingested a "date rape" drug. Once she arrives at the emergency
page-pf2
room, she should do which of the following?
a. have the doctor's look for signs of a struggle
b. look for bruises
c. look for incriminating DNA under her fingernails
d. have her urine tested
Putting into circulation a check known to be worthless is the crime of
a. theft
b. uttering
c. unlawful presentation
d. fraudulent production
State laws and police regulations regarding the use of deadly force must conform to the
requirements established by the U.S. Supreme Court in
a. Tennessee v. Garnerand Grahamv.Connor
b. Tennessee v. Garnerand Couturev.Com.
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c. Tennessee v. Garnerand Statev.Escamilla
d. Tennessee v. Garnerand Peoplev.Miller
Which of the following is NOT required under the Oregon Death with Dignity Law for
a person to legally commit suicide?
a. a patient must be found to be terminally ill and have less than six months to live
b. patients must have the mental capacity to fully understand the situation that confronts
them
c. a 15-day waiting period after the patient applies and is found to have qualified for
physician-assisted suicide
d. a physician must prescribe and administer the drugs to end the patient's life
The act of obtaining physical possession or control of another's property is known as
a. taking
b. stealing
c. shoplifting
d. burglary
page-pf4
Intentional acts that hinder, corrupt, or impede the functioning of the judicial system is
the definition of
a. obstruction of justice
b. treason
c. espionage
d. extortion
If there is an interval between the act provoking the killer and the killing, the jury will
consider if there was
a. an intent to kill
b. a deadly weapon used
c. a cooling of the blood
d. perfect defense
page-pf5
The International Criminal Court is the world's first permanent war crimes court.
a. True
b. False
The Latin maxim nulla poena sine lege, also known as the principle of legality, requires
that
a. there be no retroactive definition of criminal behavior by judicial decision
b. statutory definitions of crime be made with judicial concurrence
c. laws be written in plain English
d. crimes must be committed before a law can be written which outlaws it
What federal statute makes it a federal crime to defraud a financial institution that is
federally insured?
a. false statement
page-pf6
b. claims
c. bank fraud
d. wire fraud
An alcoholic cannot be convicted for the offense of being drunk in a public place based
upon the Eighth and Fourteenth Amendments.
a. True
b. False
The test used to judge government restrictions on speech is called the
a. clear and present danger test
b. libel and slander test
c. stalking test
d. violence test
page-pf7
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
The M"Naghten rule applies only if the defendant knew the nature of his acts and that
they were wrong.
a. True
b. False
Chad "the hammer" Roso gets into an argument with his girlfriend Megan "too hot"
Kole and threatens to kill her.
page-pf8
He tells her he is going into his bedroom to get his gun and then she "is down!" Megan
"too hot" calls the police who arrive within two minutes and bust down the door just in
time to see Chad "the hammer" pointing his gun at Megan screaming, "I"m going to kill
you!" The police utilize their Taser and shock Chad before he is able to kill Megan.
Chad could be charged with attempted murder because this crime could be determined
as
a. Anticipatory
b. Limitless
c. Murder in the 3rd degree
d. Manslaughter
Terrorists are willing to take innocent lives to
a. make a political statement
b. satisfy their bloodlust
c. stimulate reprisals
d. make money
"Stand your ground" laws change what doctrine in many states by adopting a
page-pf9
presumption that a homeowner has a fear of imminent peril whenever he is attacked in
his home?
a. the castle doctrine
b. the "make my day" doctrine
c. the Brown doctrine
d. the Garner doctrine
Status crimes have no act requirement.
a. True
b. False
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
page-pfa
Fawn purchases a gun for protection, even a local ordinance forbids the possession of
firearms within city limits. While in her home, the police arrive on an unrelated matter
and notice the hand gun on Fawn's coffee table. The police subsequently arrest Fawn
for violation of the city's gun control laws.
Which Amendment does this preface mostly deal with?
a. First
b. Fifth
c. Second
d. Sixth
Someone who was not involved in the preparation of a crime but was present at the
time the crime was committed is called a(n)
a. accessory before the fact
b. accessory after the fact
c. principal in the first degree
d. principal in the second degree
page-pfb
Most crimes require the concurrence of which of the following?
a. act and proximate cause
b. guilty act and guilty mind
c. guilty mind and causation
d. act and omission
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.
In the trial, the government shows that Rocky and his codefendants had planned to
bomb post offices in order to bring about the collapse of the government. These actions
would have served to do all of the following except
a. intimidate or coerce a civilian population.
b. influence the policy of a unit of government by intimidation or coercion.
c. affect the conduct of a unit of government by murder, assassination, or kidnapping.
d. decrease reliance on state government
page-pfc
Fawn purchases a gun for protection, even a local ordinance forbids the possession of
firearms within city limits. While in her home, the police arrive on an unrelated matter
and notice the hand gun on Fawn's coffee table. The police subsequently arrest Fawn
for violation of the city's gun control laws.
How does the Hellerdecision of the Supreme Court apply to Fawn's possession of a
handgun in this preface?
a. Fawn had the gun in her car
b. Fawn did not have a owner's permit
c. Fawn's gun was found in the house
d. The Hellerdecision deals with free speech and therefore does not apply to the preface
A wrongful intrusion on the land or into the premises of another person is called a
a. trespass
b. burglary
c. robbery
d. defiant trespass
page-pfd
Chad "the hammer" Roso spent a couple years in prison for his previous charges. Once
he was released he was still determined to harm his exgirlfriend. Chad "the hammer"
stalks his exgirlfriend Megan and ends up killing her and burying her dead body in the
Nevada desert.
Because Scott "cabbage patch" did not prevent this crime from occurring and even
though he knew about it, he
failed to take the necessary steps to stop/prevent this crime, it could fall into what type
of liability?
a. Strict
b. Due process
c. Vicarious
d. Vicious
The first and earliest source of criminal laws was
a. common law
b. administrative regulations
c. constitutions
d. statutes
page-pfe
In Booker, the Court held that under the holdings of Apprendiand Blakeley,the Federal
Sentencing Guidelines violated the Sixth Amendment's right to
a. jury trials in criminal cases
b. speedy trials in criminal cases
c. fair trials in criminal cases
d. an attorney in criminal cases
Insider trading includes using information acquired by an insider and not available to
the public to profit in a sale of securities.
a. True
b. False
Fred was arrested for grand theft auto. The jury found him guilty and he was sentenced
to twenty years in prison and his car was seized. This was his first conviction of a
felony, though he had several misdemeanor offenses on his record.
page-pff
Fred may also appeal his sentence on Sixth Amendment grounds. The name given to the
test used to determine whether a sentence constitutes cruel and unusual punishment is
a. balancing
b. scales of justice
c. proportionality
d. moderation
The federal law which makes giving or selling national military or defense secrets a
crime is the
a. Espionage Act
b. Hatch Act
c. National Security Act
d. State Secrets Act
A killer whose gun shot misses the intended victim but kills a bystander can be
convicted of the intentional murder of the bystander by use of the doctrine of
a. transferred intent
page-pf10
b. accidental murder
c. common design
d. concurrent mensrea
A person who has not yet reached the age of majority is called an .
Under the First Amendment, government cannot forbid unless it is likely to bring harm
to people or property.
The federal statute, known as the Act, permits prosecution under that act if the extortion
can be shown to interfere with interstate commerce.
page-pf11
Altering an existing document or creating a false document with intent to defraud are
examples of the crime of
.
What is the diminished capacity defense and under what circumstances can or cannot a
defendant argue it successfully?
Answer:N/A
The offense of seeks to protect the judicial system, both civil and criminal, from
intentional acts that would hinder, corrupt, or impede the functioning of the system.
page-pf12
Describe the crime of solicitation and give examples of solicitation crimes. Explain how
corroboration requirements are used in solicitation statutes.
Answer:N/A
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.
In general, parents may use force to discipline their children.
What are the three branches of government? What is the responsibility of each of the
branches with regards to the criminal law?
Answer:N/A
page-pf13
Discuss three ways that money can be laundered. Explain why some ways might be
more difficult for prosecution than others?
Answer:N/A
Describe three situations in which a second trial for the same offense would not violate
a defendant's right against double jeopardy.
Answer:N/A
Children below a certain cannot be convicted of a crime.
What constitutes "cyber crime?" How are states and the federal government addressing
it?
Answer:N/A
page-pf14
Explain the difference between criminal trespass and defiant trespass.
Answer:N/A
Actus rea is the act or omission.
Compare and contrast diplomatic and legislative immunity.
Answer:N/A
Explain the government's reasoning in criminalizing deliberate tax evasion and tax
fraud. Provide two examples of tax evasion cases that have received national attention.
Answer:N/A
Involuntary manslaughter and homicide do not require proof of intent to kill.
page-pf15
A person who gives or sells national military or defense secrets to a foreign nation, for
example, has committed the felony offense of .

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