Which of the following is generally not deemed to be a legally adequate provocation for
voluntary manslaughter?
a. verbal assaults
b. mutual combat
c. adultery by spouse
d. assault and battery
Treason consists of how many elements?
a. two.
b. three.
c. four.
d. five.
Which of the following is the majority rule?
a. the stand-your-ground rule
b. the retreat rule
c. Both
d. Neither
The Supreme Court has left adoption of general principles of liability and elements of
specific crimes in criminal codes to
a. legislatures
b. fact-finding commission
c. the American Law Institute
d. local courts
By the time the Constitution was adopted, government and philosophy had come to
limit treason to two disloyal behaviors: (1) levying war against your own country and
(2),
a. peaceful opposition to the government.
b. giving aid and comfort to the enemy.
c. talking bad about the government.
d. thinking the enemy was right.
As an affirmative defense, defendants have to carry some of the burden of proving they
have an excuse that will relieve them of
a. criminal responsibility.
b. civil responsibility.
c. a psychological diagnosis.
d. a mental illness.
Codifying a criminal offense means to
a. define the crime and spell out the punishment in writing.
b. set the offense in stone.
c. write the sentence out using computer based language.
d. revert to the use of common law.
In 1941, the U.S. Supreme Court struck down a vagrancy statute that prohibited the
importation of
a. paupers into California.
b. minorities into California.
c. gangs into California.
d. people into California.
For purposes of insanity statutes, mental diseases do not include
a. psychosis.
b. schizophrenia.
c. paranoia.
d. psychopathic and sociopathic personalities.
Defendants who plead the insanity defense successfully
a. go free.
b. face civil commitment.
c. go to jail instead of prison.
d. face community service.
Vicarious liability cases that attract the most attention involve
a. individuals.
b. state government.
c. large national corporations.
d. private charities.
There are how many types of cybercrimes?
The Apprendi rule addresses
a. any fact that increases the penalty for a crime beyond the prescribed statutory
maximum.
b. any fact that decreases the penalty for a crime beyond the prescribed statutory
maximum.
c. any fact that involves the penalty for a crime beyond the prescribed statutory
maximum.
d. any fact that prioritizes the penalty for a crime beyond the prescribed statutory
maximum.
Which Amendment contains the ban on cruel and unusual punishment?
a. The Fifth Amendment
b. The Sixth Amendment
c. The Eighth Amendment
d. The Fourteenth Amendment
Section 2339 of Title 18 of the U.S. Code makes it a crime to harbor or conceal
a. saboteurs.
b. spies.
c. enemies of the U.S.
d. terrorists.
An assault is a threatened or attempted
a. rape.
b. mayhem.
c. aggravated battery.
d. battery.
Voluntary and complete abandonment of an attempt in progress is a defense to what
liability in about half the states?
a. attempt liability
b. factual liability
c. civil liability
d. legal liability
States can control the time, place and manner, but cannot control the content of
a. panhandling.
b. prostitution.
c. loitering.
d. solicitation.
What type of crimes are a hot-button issue between those who believe that criminal law
should enforce morality and those who believe the nonviolent behavior of competent
adults is none of the law’s business?
a. “victimless” crimes against public decency
b. sex crimes
c. aggravated assault crimes
d. homicides
Self-defense consists of how many elements?
a. two
b. three
c. four
d. five
The heart of burglary and criminal trespass is
a. invading others’ property.
b. damaging others’ property.
c. stealing others’ property.
d. destroying others’ property.
In Regina v. Morgan (1975), Britain’s highest court held that the defendants were not
guilty of rape because they
a. reasonably believed the victim has consented.
b. reasonably believed the victim was older than she really was.
c. did not inflict serious bodily injury on the victim.
d. were entrapped into the crime because the victim was a government-paid prostitute.
Treason is very difficult to prove because of its
a. nature.
b. history.
c. content.
d. publicity.
Corporate criminal law began as, and still is, the creature of
a. federal law.
b. state law.
c. civil law.
d. blue-collar law.
Who has the burden of proof regarding criminal conduct?
a. the judge
b. the jury
c. the defense
d. the prosecution
Stan robs a woman while she is walking home from work. Police later identify Stan as
the robber and he is arrested. Stan is found guilty of robbery and is sentenced to one
year in jail. During sentencing the judge notes that his reasoning for the sentence is that
being in jail will keep Stan from robbing any other people and he wants to set an
example for others.
Preventing Stan from committing other robberies by putting him in jail is an example of
what purpose for punishment?
a. special deterrence.
b. general deterrence.
c. retribution.
d. incapacitation.
Some people believe just as strongly that making bad manners a crime denies
individuals their liberty based on what amendments to the U.S. Constitution?
a. Fifth and Fourteenth Amendments.
b. Fourth and Fourteenth Amendments.
c. Fifth and Fifteenth Amendments.
d. Fifth and Sixth Amendments.
What three words did the California legislature add to its existing murder statute to
overturn Keeler v. Superior Court?
a. or a fetus.
b. after the birth.
c. soon after conception.
d. prior to birth.
By 1700, the English common and statute laws of homicide and the American colonies’
law recognized three kinds of homicide. Which of the following is not one of those
kinds of homicide?
a. justifiable homicide
b. excusable homicide
c. criminal homicide
d. paramour homicide
What is the crime in which theft is accomplished under circumstances intended to
terrorize the victim by actual injury or the threat of immediate injury to the victim?
a. extortion
b. burglary
c. robbery
d. false pretenses