Punishing solicitation is based on a different idea than punishing conspiracy.
Only voluntary acts qualify as mens rea.
The criminal law is the only form of social control in our society and the only way to
hold a person responsible for deviating from social norms.
Prosecutions of homicide for corporations are common.
Three-strikes laws have been ruled unconstitutional.
The First Amendment protects only written or spoken words.
Inchoate offenses require enough action to complete the crime intended.
A victim of domestic violence is justified in shooting her cohabitant husband while he
is asleep.
In a voluntary manslaughter case, adequate provocation is evaluated using a subjective
test that examines what was adequate to provoke a particular defendant to kill the
victim.
A 2003 study found that only 26 percent of insanity pleas were argued successfully.
Under the Model Penal Code, fighting in public qualifies as actus reus for disorderly
conduct.
The principle of utility permits only the minimum amount of pain necessary in order to
prevent crime.
Discretionary decision making is decision making that is in plain view.
Douglas James Duchak was indicted by a federal grand jury for “Fraud and Related
Activity in Connection with Computers.”
The Model Penal Code (MPC) breaks down mens rea into four mental statespurpose,
knowledge, recklessness, and negligence.
Most states reject diminished capacity.
Diminished capacity and diminished responsibility are the same thing.
“Inevitable” harm is the same as “imminent” harm.
At common law principals in the first degree were the persons who actually commit the
crime.
General intent is used most commonly to mean the intent to commit the criminal act as
defined in a statute.
With an affirmative defense, defendants have to carry some of the burden of proving
they have an excuse that will relieve them of criminal responsibility.
All states require that receivers of stolen property have to know the goods are stolen.
Crimes and torts are similar in that both are sets of rules telling us what we can”t do.
The intrinsic force standard requires more force than the extrinsic force standard.
In both justifications and excuses, the defendant admits doing the criminal act.
Under U.S. law, spying is only a crime during wartime.
We punish people for what they do, not for who they are.
Force may lawfully be used as a preemptive strike against a potential attacker.
Because burglary is defined so broadly, many states divide it into several degrees.
Complicity applies criminal liability to accomplices and accessories because they
participate in crimes.
Most deadly force statutes do not include the curtilage.
State codes frequently use different names for crimes than common law.
An example of a weapon of mass destruction, as defined by the U.S. Code, is a(n)
a. powerful machine gun.
b. bomber aircraft.
c. weapon intended to cause death or injury by using poisonous chemicals.
d. armored tank.
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.
Which of the following is part of the actus reus of the crime Lon has committed in
some states?
a. agreement to commit a crime.
b. an overt act in furtherance of the agreement to commit a crime.
c. agreement to commit a crime and an overt act in furtherance of the agreement to
commit a crime.
d. none of these are part of the actus reus of Lon’s crime.
The Constitution does not permit a legislature to set a net large enough to catch
a. all possible gang members.
b. all possible prostitutes.
c. all possible rapists.
d. all possible offenders.
Shania was born and raised in Pigeon Forge, Tennessee. After growing up she travelled
the world for a couple of years before returning home to live. During her time abroad
Shania became disgruntled with the politics of the United States. She converted to
Islam, joined a designated foreign terrorist organization based in Iraq and, upon return
to her home, she began sending money to that organization and plotting violent ways to
overthrow the United States government.
Which of the following charges would be the most appropriate for Shania’s actions?
a. providing material support to terrorists.
b. providing material support or resources to designated foreign terrorist organizations.
c. use of weapons of mass destruction.
d. none of these answers is correct.
Jewelry is what kind of possession?
Physical proximity tests of the actus reus of attempt focus on
a. how close the defendant gets to committing the crime.
b. whether the defendant’s acts are res ipsa loquitur.
c. whether the defendant is likely to voluntarily abandon the crime.
d. how much of the defendant’s dangerousness is shown by action.
How have modern court opinions changed the strict definitions of rape, and sexual
assault, or criminal sexual conduct?
a. modern court opinions have relaxed the strict definitions of rape, and sexual assault,
or criminal sexual conduct
b. modern court opinions have tightened the strict definitions of rape, and sexual
assault, or criminal sexual conduct
c. modern court opinions have negated the strict definitions of rape, and sexual assault,
or criminal sexual conduct
d. modern court opinions have not changed the strict definitions of rape, and sexual
assault, or criminal sexual conduct
The MPC limits conduct that qualifies as disorderly conduct actus reus to three actions.
Which of the following is not one of those actions?
a. fighting in public.
b. making “unreasonable noise” or using “abusive language.”
c. creating a “hazardous or physically offensive condition.”
d. panhandling.
What is the name of the exception to the force and resistance rule that says rape occurs
when the fraud is in the benefits promised, not in the act?
a. fraud in the fact.
b. fraud in the inducement.
c. fraud in the nature.
d. statutory fraud.
It’s almost impossible to get details about which kind of rape victims?
a. males.
b. children.
c. females.
d. gays.
Ignorance of facts and law create a reasonable doubt that the prosecution has proved the
element of criminal intent.
a. can
b. cannot
c. always
d. never
What is the most committed crime in the United States?
a. criminal trespass.
b. robbery.
c. arson.
d. identity theft.
There are how many types of crimes against persons?
a. two
b. three
c. four
d. five
The character or condition of a person or a thing is known as its
a. status
b. reus
c. manus
d. prospectus
Which of the following is not a kind of involuntary manslaughter?
a. criminal negligence manslaughter
b. unlawful act manslaughter
c. misdemeanor manslaughter
d. common-law manslaughter
What fear test have most states adopted from the Model Penal Code to evaluate the
harm caused to the stalking victim?
a. subjective and objective.
b. subjective.
c. objectively reasonable.
d. objective.
Which of the following is true about provocation?
a. it is not an excuse for criminal homicide
b. it does not reduce the seriousness of the crime
c. it does not reduce the punishment for the crime
d. it only applies to depraved heart murders
The defense of consent recognizes the societal value of
a. individual autonomy.
b. a person’s right to die if they want to.
c. a person’s right to refuse medical care.
d. self-fulfillment.
Tiffany is walking to the market to buy groceries. A man comes up behind her and puts
a gun in her back. He tells her to step into the alley with him. Tiffany goes to the alley
with the man who tells her to remove her clothes. Before she can do what he says the
man drops the gun and Tiffany grabs it and shoots him. The man dies.
If Tiffany is charged with murder which of the following defenses should she use?
a. failure-of-proof defense
b. diminished capacity defense
c. justification defense
d. attendant circumstances defense
Trying to get someone else to commit a crime is known as
a. criminal attempt.
b. criminal conspiracy.
c. criminal solicitation.
d. none of these answers is correct.
California penal code section 240-241 states:
240) An assault is an unlawful attempt, coupled with a present ability, to commit a
violent injury on the person of another.
241) (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000),
or by imprisonment in the county jail not exceeding six months, or by both the fine and
imprisonment.
Section 240 is an example of
a. the general part of criminal law.
b. the special part of criminal law.
c. a case opinion.
d. the facts of criminal law.
Sanchez owns 13 adult entertainment stores that have been operating successfully for
ten years. Sanchez is convicted of transporting and selling obscene material. He was
also convicted of racketeering activity.
Sanchez is in violation of what act?
a. the RICO act.
b. the TAX act.
c. the STAMP act.
d. The Rackeetering and Munitions act.
Intellectual property thefts may be undetected because
a. many law enforcement experts do not understand the nature of the crime.
b. businesses do not realize a crime has occurred.
c. most people think that little harm is caused by such crimes.
d. it is difficult to catch cyber-criminals.
Sentencing laws that make prison release dependent on rehabilitation are called
a. dependent sentencing laws.
b. indeterminate sentencing laws.
c. determinate sentencing laws.
d. independent sentencing laws.
Which of the following is not one of the crimes included in the USA PATRIOT Act?
a. providing material support to terrorists.
b. use of certain weapons of mass destruction.
c. participating in espionage.
d. harboring or concealing terrorists.
Bill is leaving work when a co-worker asks him to drop off a package at the post office
on his way home. The co-worker explains that he must work late and can”t get to the
post office before it closes. Bill stops at the post office and is met by police officers
with drug-sniffing canines who discover the package his co-worker gave him contains
cocaine.Bill is guilty of what kind of possession?
a. knowing possession
b. mere possession
c. concurrent possession
d. constructive possession
Which of the following terms means theft by deceit?
a. obtaining property by false pretenses
b. obtaining property by converting
c. obtaining property by embezzling
d. obtaining property by stealing
Crimes and torts are similar in which of the following ways?
a. The standard of proof for both is beyond a reasonable doubt.
b. They both apply only to economic wrongs.
c. They both apply only to criminals.
d. They both tell us what we can and can”t do.
The crime of damaging or destroying property for the purpose of interfering with and
hindering preparations for war and defense during national emergencies.
a. sedition
b. sabotage
c. espionage
d. treason
Josef lives in Canada. He is a member of a terrorist organization and is plotting to blow
up an American Embassy. He builds a car bomb and drives the car to an American
Embassy in Canada where he parks the car out front. The car blows up and causes
serious damage to the U.S. Embassy.
The crime committed by Josef can be found in what act?
a. The Smith Act of 1940.
b. The USA PATRIOT Act.
c. The Sedition Act.
d. Both The Sedition Act and The Smith Act of 1940.
What is the name of the right-wrong test of insanity?
a. the M”Naghten rule
b. the Durham rule
c. the McDonough rule
d. the Althusser rule
Define presumption of innocence. What is the importance of the presumption of
innocence as it relates to criminal liability?
What impact did the acquittal of John Hinckley have on the insanity defense in the
U.S.? Be sure to provide examples.
In a few jurisdictions, mistake of fact with regard to the victim’s ____________ is a
defense to statutory rape.
The product-of-mental illness or ___________ test of insanity basically asks if the
mental illness caused the crime.
Nearly all jurisdictions follow the approach of the bystander rule.
One element of self-defense is that the attack was unprovoked. Explain what it means
for an attack to be unprovoked. Provide an example. The one exception to this element
is the withdrawal exception. Explain the withdrawal exception and provide an example.
_________-_________ sentencing laws require judges to impose a nondiscretionary
minimum amount of prison time that all offenders have to serve.
Define the term ‘sedition” and provide examples. What are the two main forms of
seditious communications?
Discuss the crime of stalking and stalking laws. Be sure to include how stalking first
became a crime, the actus reus of stalking and how stalking statutes vary.
The general rule regarding self-defense is that a person must retreat if they can safely
do so before using deadly force. Explain the “castle exception” to this rule.
Describe the four elements of the defense of duress. Explain how, depending on the
requirements of different states, a defendant may or may not be able to use the defense
of duress based on these four elements.
Despite criticism of them, ___________ excuses should be taken seriously by the legal
system.
Recklessness involves conscious _____________ creation.
There are differences in culpability among the Model Penal Code’s (MPC) four mental
statespurposely, _____________ , recklessly, and negligently.
The right-wrong test of insanity is also known as the ___________ test.
Most serious crimes require mens rea in in addition to the criminal act. Explain why
this is the case and how this relates to culpability. Additionally, mens rea is complex
and it is difficult to determine just how much intent is necessary to convict someone of
a crime. Describe the reasons why mens rea is so baffling.
Discuss the current law of the actus reus and mens rea of murder. Be sure to provide
examples.