Factual impossibility is not a valid defense to the crime of attempt.
Depraved heart murder is defined as extremely reckless killings.
Vagrancy means to remain in one place with no apparent purpose.
Violations of federal and state agency rules are called administrative crimes.
The mens rea of inchoate crimes is always the purpose or specific intent to commit a
specific crime.
Over time, the utmost resistance standard in rape cases has been replaced by a
reasonable resistance standard.
Most defendants who utilize the insanity defense do so successfully.
The U.S. Code separates espionage into two crimes.
The empirical findings regarding a link between minor quality of life offenses and more
serious crimes are positive.
Although it’s a crime to buy and sell sex, it is not a crime to solicit prostitution.
Intellectual property definitely needs protection, but less today than in the past.
Juvenile court judges can use their discretion to transfer a juvenile to adult criminal
court.
The Model Penal Code created three degrees of criminal trespass.
Modern court opinions have relaxed the strict definitions of rape.
Burglary is a specific-intent crime.
The definition of burglary today is broader than the common law definition.
Deadly force may never be used for defense.
Insulting gestures or words and racial slurs are adequate legal provocation for
manslaughter.
Criminologist Edward Sutherland introduced us to the “white collar criminal.”
Punishments differ widely among the states.
Defendants who plead an excuse defense admit what they did was wrong.
Advocating the violent overthrow of the government is called sedition.
Most accessory-after-the-fact statutes have four elements.
There are three elements to the right-wrong test created in McNaughtan.
Stalking, although an ancient practice, is a new crime.
The first nonconsensual, non-violent taking felony was larceny.
At the heart of the defense of consent is the high value placed on group autonomy in a
free society.
Treason consists of inciting others to violently overthrow the government.
The meaning of “person” is integral to homicide law.
The four levels of culpability, or intent, in the Model Penal Code are: purposely;
knowingly; recklessly; and negligently.
The heart of robbery is the use of actual or threatened force to obtain someone else’s
property right now.
An omission to act is a crime only if there was a legal duty to do the act.
Defining and applying crimes against the state reflects the enduring idea of balancing
respect and freedom during wartime emergencies.
The U.S. Constitution requires that treason be proven by the testimony of three
witnesses.
Actus reus is the criminal intent; the mental element in crime.
Which doctrine holds that a person does not have to retreat if he or she didn’t start the
fight, even if it is safely possible?
a. the stand-your-ground rule
b. the self-defense rule
c. the preemptive-strike rule
d. the self-preservation rule
Circumstances that convince fact finders that defendants don”t deserve the maximum
penalty for the crime they”re convicted of are called
a. perfect circumstances.
b. imperfect circumstances.
c. mitigating circumstances.
d. aggravating circumstances.
Alan Dershowitz wrote a book about which of the following?
a. syndrome defenses.
b. insanity defenses.
c. juvenile defenses.
d. diminished capacity defenses.
In what case did the U.S. Supreme Court tighten the constitutional restrictions on
loitering statutes?
a. Kolender v. Lawson
b. Mayor of New York v. Miln
c. Papischristou v. City of Jacksonville
d. Parker v. Municipal Judge
What kind of conduct poses the following dilemma: whether to punish someone who’s
done no harm or to set free someone who’s determined to commit a crime?
a. incomplete criminal conduct
b. complete criminal conduct
c. incomplete civil conduct
d. incomplete police conduct
The void-for-overbreadth doctrine invalidates laws that have what effect on protected
expression?
a. an unacceptable chilling effect
b. an unacceptable retracting effect
c. an unacceptable facilitating effect
d. an unacceptable excoriating effect
John works in a legal office. His boss asks him to review the following case: Miranda
v. Arizona, 384 U.S. 436 (1966).
What portion of the citation tells John what reporter to look in to find the case?
a. Miranda v. Arizona.
b. 384
c. U.S.
d. 436
What type of liability establishes when you can be criminally liable for someone else’s
conduct?
a. complicity
b. vicarious
c. assumed
d. consent
The U.S. Supreme Court took a “hands-off” approach to sentencing procedures until
what case?
a. Apprendi v. New Jersey (2000)
b. Blakely v. Washington (2004)
c. U.S. v. Booker (2005)
d. Gall v. U.S. (2007)
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
Which doctrine imposes a legal duty to help or call for help for imperiled strangers?
a. “Family Member” doctrine
b. health care professionals rule
c. the American Bystander rule
d. the “Good Samaritan” doctrine
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.
Current trends favor shifting the burden of proof for insanity to
a. prosecutors.
b. litigants.
c. judges.
d. defendants.
What is the most common form of waiver in the United States?
a. prosecutorial
b. legislative
c. judicial
d. transfer
Amelia wishes her sister was dead. If her sister dies, Amelia will receive a great deal of
money. As Amelia is driving she sees her sister walking down the street. Amelia makes
the decision to run her over with the car. She swerves off the road and runs her sister
over and kills her.
What state of mind best describes Amelia during her crime?
a. purposely
b. knowingly
c. recklessly
d. negligently
Intent to commit a criminal act as defined in a statute is known as
a. general intent.
b. personal intent.
c. blameless intent.
d. negligent intent.
Defendants rarely plead insanity. Those who do
a. rarely succeed.
b. often succeed.
c. always succeed.
d. never succeed.
What dramatically changed the nature of corporations from government entities
controlled by government to private business operated by internal management?
a. white collar crime
b. the dark ages
c. the industrial revolution
d. the dark figure of crime
Which test of insanity focuses on the defendant’s inability to control their conduct?
a. Durham
b. irresistible impulse
c. right-wrong
d. M”Naghten
Accessory to a crime is a separate offense, usually a
a. misdemeanor.
b. felony.
c. non-jailable offense.
d. citation.
Which war led to the defense of post-traumatic stress disorder defense (PTSD)?
a. the Korean War
b. the Vietnam War
c. the Gulf War
d. the War on Terror
What is the most severe punishment for treason?
a. imprisonment for no less than five years
b. life imprisonment
c. twenty-five years of imprisonment
d. death
Casey decides to start an illegal business. He contacts all of his friends and family and
pools a significant sum of money. Casey purchases a large quantity of marijuana and
imports it using his friend Ryan. Ryan delivers the marijuana to Walter. Walter
distributes the marijuana to a number of different people for sale. Only Casey knows
everyone involved in his marijuana business.
What kind of inchoate crime is Casey involved in?
a. accessory.
b. complicity.
c. accomplice.
d. conspiracy.
When state and municipal code provisions conflict, which one is supposed to take
precedence?
a. state codes.
b. municipal codes.
c. it depends on the crime.
d. Neither, the federal government will step in.
Which of the following cases involves the mental state “purposely?”
a. Harris v. State (1999)
b. State v. Stark (1992)
c. Haupt v. U.S. (1947)
d. State v. Jantzi (1982)
The Pinkerton rule states that the crime of conspiracy and the crime the conspirators
actually commit as a result of their conspiracy are separate offenses.
a. true
b. false
John works in a legal office. His boss asks him to review the following case: Miranda
v. Arizona, 384 U.S. 436 (1966).
What information would John use to determine the page where the case is located?
a. Miranda v. Arizona.
b. 384
c. U.S.
d. 436
The reason that legal impossibility will act as a defense to attempt and factual
impossibility will not is because
a. it’s legally impossible to commit a crime that doesn”t exist.
b. the defendant had no specific intent to commit a crime because it was legally
impossible.
c. the defendant did not go beyond mere preparation which made the crime legally
impossible to commit.
d. there is insufficient evidence that the defendant knew what he wasdoing was
criminal, making it legally impossible to convict him.
Making agreements to commit crimes is known as
a. criminal attempt.
b. criminal conspiracy.
c. criminal solicitation.
d. none of these answers is correct.
Marissa is at a party when her friend, John, hands her a glass filled with liquid. She asks
her friend what is in it and John tells her it contains beer. Marissa drinks the beer which
is also laced with LSD. While intoxicated she believes that John is trying to kill her and
stabs him with a kitchen knife killing him.
The reason that Marissa might be excused for her crime is
a. she could not be held accountable for her actions.
b. she was experiencing diminished capacity when she stabbed John.
c. John is a jerk and deserved what he got.
d. her crime was one of self-defense.
The majority of minor crimes against public order and morals do not include
a. mens rea.
b. the voluntary requirement.
c. actus reus.
d. a legal duty to obey.
Which of the following are the two kinds of criminal possession?
a. actual possession and constructive possession
b. real possession and constructive possession
c. actual possession and fictional possession
d. actual possession and factual possession
Which of the following can courts consider when determining if a victim’s fear was
reasonable?
a. the respective ages of the perpetrator and the victim.
b. the physical sizes of the perpetrator and the victim.
c. the physical setting of the assault.
d. courts consider all of these when determining if a victim’s fear was reasonable.
Larceny, robbery, embezzlement, and false pretense are all ____________ crimes.
The text case method stimulates you to think _______________ about legal principles
and their application.
Explain the principle of legality. Why is it important to criminal law and punishment?
The “providing material support or resources” section of the USA PATRIOT Act is open
to constitutional challenges. Discuss the outcome of the U.S. Supreme Court decision in
Holder v. Humanitarian Project. (2010).
If you don”t _____________ a fight, you can stand your ground and kill to defend
yourself without retreating from any place you have a right to be.
Explain why intellectual property needs protection. Describe some of the methods used
to commit cybercrimes.
Computer crime often involves ____________ property.
Define, compare, and contrast seditious speech, seditious libel, and seditious
conspiracy. Which of the three do you think is the most harmful? How does current
technology impact each of these types of sedition?
Since the early 1970s, violence in the family has been transformed from a private
concern to a criminal justice problem. Explain how the law of assault and battery
affects the definition and application of domestic violence. Cite examples.
Define, describe, compare, and contrast common-law crimes and statutory crimes. Be
sure to provide examples.
To establish the insanity defense, it must be shown that the defendant suffered from a
mental disease or ___________.
What does it mean to say that a mistake can be a defense? Discuss the debate over
whether or not mistakes should be called a defense.
Discuss the issues surrounding panhandling legislation. Be sure to discuss the tension
between order and liberty in creating laws regarding behavior such as panhandling.
___________ intoxication is a defense.
Discuss the controversy surrounding the laws regulating the behavior of homeless and
other street people. What is the argument in support of these laws and what is the
argument against these laws?
The heart of the crime of criminal trespass is ____________ another person’s property.
Actions taken after crimes are committed aren”t themselves ___________ actus reus.
What are the four types of culpability in the Model Penal Code? Be sure to provide
examples. What are the levels of culpability of each relative to the other?