Anthony Cramer was executed for treason.
In the absence of a confession, mens rea is usually proven by circumstantial evidence.
Burglary and arson are both crimes against persons.
In the U.S., terrorism and treason are not punishable by death.
Grading murder into first and second degree is important because only first-degree
murder qualifies for the death penalty.
Criminal codes evolved from common law.
Vicarious liability for another’s criminal conduct has been created by judicial decision.
Civil gang injunctions (CGIs) have been an unqualified success in controlling gang
behavior.
A number of sections of the U.S. Code are available for prosecuting crimes related to
terrorists and terrorist organizations.
Involuntary intoxication is a recognized defense in most, if not all, states.
Consolidated theft statutes eliminate the artificial need to separate theft into distinct
offenses according to the mens rea.
Many defendants plead the insanity defense.
All states have repealed offenses involving receipt of stolen property.
The law of self defense is undergoing major transformation.
In addition to speech, the First Amendment also includes expressive conduct.
Assault and battery are the same crime.
A classic excuse defense is insanity.
Vicarious liability statutes most often involve the parent-child relationship.
Insanity is not the same as mental disease or defect.
A person can be guilty of conspiracy even though they do not know all of the others in
the conspiracy.
The term “victimless crime” applies only to juveniles.
In some states, the legislatures have created the new crime of feticide, specifically
aimed at the killing of a fetus.
Words are never adequate provocation.
According to the U.S. Supreme Court, there are two kinds of cruel and unusual
punishments.
An assault is complete before the offender touches the victim.
Commercial speech is protected by the First Amendment.
Some self-defense statutes allow you to kill someone you reasonably believe is about to
commit a serious felony against you that doesn”t threaten either your life or serious
bodily injury.
Failure to act can never be a crime.
Mistake is a defense whenever the mistake prevents the formation of criminal intent.
The defendant’s predisposition to commit the crime is relevant in the objective test of
entrapment.
False imprisonment is a specific-intent crime.
It’s usually easy to determine who in a corporation is responsible for corporate crimes.
The distinction between criminal punishment and treatment is always clear-cut.
The Model Penal Code approach to the actus reus of attempt involves substantial steps
that strongly corroborate the actor’s criminal purpose.
Receiving stolen property requires that the receiver control the property.
A criminal homicide committed with malice aforethought is murder.
Treason is a fundamental weapon against present allegiance and support to foreign
enemies.
Legal impossibility is a defense to the crime of attempt.
Identity theft is the crime committed most often in the United States
Tiffany lives in the red-light district in Los Angeles. She is walking home one night
when a car pulls up and asks her if she would like to participate in a sexual act for
money. Tiffany says yes and states a price. A police officer pulls up and tells Tiffany she
is under arrest and tells the man in the car to go home.
What is most likely that the officer assumed the man in the car was?
a. a john.
b. a vagrant.
c. a loiterer.
d. a husband.
Which of the following refers to who we are?
a. action
b. Status
c. possession
d. Duty
Which rationale concentrates on how fully defendants have developed their criminal
purpose?
a. the dangerous act rationale
b. the dangerous person rationale
c. the dangerous precedent rationale
d. the dangerous peer rationale
Modern interpretations of the asportation actus reus in the crime of kidnapping
a. hold that the victim must be carried several miles away from the place where he or
she was seized.
b. require that the victim be taken across county lines.
c. have made the requirement meaningless.
d. have been removed from most statutes.
Tony is playing basketball with some friends. A stranger walks onto the basketball court
and pulls out a gun. The stranger tells Tony to take all of his friend’s money and give it
to him or he will shoot him. Tony takes the wallets from his friend’s and gives the
stranger their money.
Tony will most likely not be charged with a crime because
a. sometimes okay to excuse people who harm innocent people to save themselves.
b. sometimes okay to forgive people who harm innocent people to save themselves
c. sometimes okay to persecute people who harm innocent people to save themselves
d. sometimes okay to ignore people who harm innocent people to save themselves
Throughout most of its history, homicide law has followed what rule?
a. the born alive rule
b. the viable rule
c. the conception rule
d. the living rule
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 acquitted she has achieved which of the following?
a. a perfect defense
b. an imperfect defense
c. a positive defense
d. a negative defense
Yule and Theresa attend the same community college and have taken several courses
together over the past few semesters. Yule approaches Theresa and asks her if she
would mind helping him study for a final exam in a course they are currently taking.
Theresa agrees and accompanies him to his apartment after class. They spend several
hours studying. During break Yule attempts to kiss Theresa and she rejects him. He
pulls her into his bedroom while she is protesting that she does not want a romantic
relationship with him. Yule throws her on the bed, pushes her skirts up and pushes his
penis into her vagina. Theresa continues to protest and tries to push him off of her. After
he ejaculates Theresa runs from the apartment.
Situations such as the one between Yule and Theresa are a good example of why the
courts have done away with what standard?
a. the utmost resistance standard.
b. the reasonable resistance standard.
c. the use of force standard.
d. the reasonable force standard.
There are numerous capital crimes where no one is killed. Which of the following is not
one of those crimes?
a. rape
b. treason
c. espionage
d. kidnapping
Rape law reforms since the 1970s have
a. expanded a defendant’s ability to present evidence about the victim.
b. repealed rape shield statutes.
c. repealed gender neutral rape laws.
d. included additional types of sexual penetration.
How many requirements are there to establish criminal liability?
a. One
b. Two
c. Three
d. Four
According to what rule is even presence at the scene of a crime followed by flight not
enough action to satisfy the actus reus requirement of accomplice liability?
a. the mere presence rule
b. the presence rule
c. the knowing presence rule
d. the acknowledgement rule
Which of the following is a key requirement of the necessity defense?
a. that no reasonable legal option exists for averting the harm
b. that a reasonable legal option exists for averting the harm
c. that a significant reasonable legal option exists for averting the harm
d. that a specific reasonable legal option exists for averting the harm
Which of the following is one of the problems with the “all but the last act” test?
a. it excludes some dangerous conduct that falls short of the last proximate act.
b. it includes some dangerous conduct that falls short of the last proximate act.
c. it excludes most dangerous conduct that falls short of the last proximate act.
d. none of these answers is correct.
Terrell has been drinking in a bar for several hours. As he is preparing to leave a man
walks by and bumps against him. Terrell punches the man in the face hard enough to
break his nose. The man pulls a gun from his pocket and shoots Terrell, killing him.
The law of this crime takes into account both the seriousness of this felony and
a. the reality of human frailty.
b. the reality of intoxication.
c. the reality of no cooling-off time.
d. the reality of adequate provocation.
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 volume where the case is located?
a. Miranda v. Arizona.
b. 384
c. U.S.
d. 436
What are some of the reasons that the American Law Institute created the Model Penal
Code?
a. clarification and simplification.
b. classification and institutionalization.
c. organization classification.
d. clarification and institutionalization.
Consolidated theft statutes are a modern approach to what kind of crimes?
a. “taking” crimes
b. trespass crimes
c. extortion
d. larceny crimes
Laws that require judges to impose a nondiscretionary minimum amount of prison time
that all offenders have to serve are called
a. mandatory minimum sentencing laws
b. three strikes laws
c. capital laws
d. final sentencing laws
A farmer leases 200 acres of land to a renter he knows is going to use it to grow
marijuana. This is an example of which of the following?
a. accomplice actus reus
b. accomplice mens rea
c. accessory actus reus
d. accomplice actus reus
Julie has been drinking at a bar for several hours. As she is driving home she runs off
the road and hits a pregnant woman, killing the fetus but not the woman. The homicide
law where Julie lives does not include the unborn in its homicide statute.
Julie is not convicted because to convict her would violate
a. the principle of legality.
b. the principle of fairness.
c. the principle of due process.
d. the principle of proactive lawmaking.
Stephanie asks her friend Ahmad to accompany her to her ex-boyfriend Tom’s home so
that she may gather some of her belongings. Ahmad stays outside while Stephanie goes
inside to get her things. Ahmad begins deflating the tires on Tom’s motorcycle which is
sitting in the driveway. Tom sees Ahmad through the kitchen window and runs outside
to confront him. Ahmad does not see Tom but turns to go back to his car with the knife
in his hand. Tom and Ahmad collide and Tom is injured by the knife.
In this case the court would likely need to determine what?
a. culpability
b. cause
c. legal cause
d. Intent
What two evils does the void-for-vagueness doctrine address?
a. lack of fair warning and arbitrary and discriminatory law enforcement.
b. cruel and unusual punishment.
c. retroactive and arbitrary punishment.
d. 2005
The crime of sedition involves
a. destroying government property.
b. encouraging others to overthrow the government by violence.
c. aiding or giving comfort to enemies of the government.
d. spying for foreign powers.
After U.S. v. Booker (2005) sentencing guidelines became
a. advisory.
b. mandatory.
c. unconstitutional.
d. applicable.
Tiffany lives in the red-light district in Los Angeles. She is walking home one night
when a car pulls up and asks her if she would like to participate in a sexual act for
money. Tiffany says yes and states a price. A police officer pulls up and tells Tiffany she
is under arrest and tells the man in the car to go home.
What is the historical reason why Tiffany is arrested while Tito is sent home?
a. Tito is seen as reformable.
b. Tito can”t control his sex drive.
c. Tito is seen as reformable and he can”t control his sex drive.
d. none of these answers is correct.
The penalty for strict liability crimes generally is
a. very serious, because they are strict crimes.
b. 10-15 years incarceration.
c. mild, often with fines and no jail or prison time.
d. equivalent to a first degree felony.
In the citation 319 N.W. 2d 459, the number 459 represents the
a. volume number.
b. page where the opinion begins in a volume.
c. date the decision was handed down.
d. date the case was argued.
Illegally obtaining property by trick, deception, or lie is called
a. voyeurism.
b. fraud by deception.
c. false pretenses.
d. larceny by lie.
The Court has established a number of tests to determine whether ordinances violate the
First Amendment guarantee of free speech. Which of the following is one of those
tests?
a. to look at the place where the speech takes place.
b. to look at who is speaking.
c. to look at what is being said.
d. to look at why the speech takes place.
Explain the voluntary abandonment defense. What do proponents of the defense say to
support their argument? What do opponents of the defense say to support their
argument? Which side do you agree with? Why?
One can become guilty of ______________ long before he is criminally liable for
attempt.
Describe the dilemma inchoate offenses present to free societies. Discuss the three
different ways the problem of inchoate offenses are resolved.
How has the law of rape and rape prosecutions changed over the years?
What does the prosecution have to prove with regard to causation to get a conviction?
What are intervening causes and how do they affect a defendant’s responsibility? Be
sure to provide examples.
Discuss legal and factual impossibility regarding liability. Explain why one is a defense
to attempt liability and one is not. Provide examples.
Discuss, define, compare, and contrast the four major tests of insanity. Which one do
you think is best? Be sure to explain your position.
Advocating the violent overthrow of the government is called ____________.
Describe the information stolen by identity thieves. What are some of the difficulties
faced by victims of this crime?
Unintentional deaths that occur during the commission of another ____________ are
murders.
The actus _______________ is the act element of the crime.
What does an ex post facto law do? What are the two major purposes of banning ex
post facto laws?
Explain the importance of the general principle of actus reus. Be sure to discuss the
three purposes served by the principle of actus reus.
___________ presence at the scene of a crime is, by itself, not enough to justify
conviction as an accomplice.
Why is entrapment a defense? Compare and contrast the two tests of entrapment.
The Fifth Amendment to the U.S. Constitution guarantees that the federal government
shall not deny any individual life, liberty, or property without_________ of law.
The voluntary act is the first principle of criminal_____________.