Criminal trespass is a narrower crime than burglary.
RICO stands for Racketeer Infiltrated and Corrupt Organizations.
Voluntary and knowing consensual sexual behavior between two adults is legal, healthy
and desired.
Defendants are not criminally liable if their actions were justified under the
circumstances.
Most state criminal codes today include a general part.
Case citations are summaries of a court’s majority opinion.
For a long time, U.S. courts rejected the idea that entrapment excused criminal liability.
There’s no empirical research to help explain why so many states have adopted the
“new castle laws.”
Serious crime is a greater concern for most people than bad public manners.
General intent consists of the intent to commit the criminal act.
Offenses that don”t require a mens rea do include an attendant circumstances element.
Recklessness requires awareness of substantial and unjustifiable risks.
Aggravated rape is rape by strangers or individuals with weapons who physically injure
their victims.
A status or condition cannot be an actus reus.
The vast majority of rape victims are raped by strangers.
The most blameworthy state of mind in the Model Penal Code is purpose.
Negligence has both an objective and subjective component.
Most states follow the Good Samaritan rule.
At common law, voluntary intoxication was not a defense.
In group form, disorderly conduct can be categorized as unlawful assembly, rout, or
gangbanging.
There’s wide consensus among high- and low-crime neighborhoods in major cities that
drug dealing tops the worries among all classes, races, and ethnic groups, among both
men and women.
The mens rea of homicide is killing another person or human being.
Other than the fact of prior conviction, any fact that increases the penalty for a crime
beyond the prescribed statutory maximum must be submitted to a jury, and proved
beyond a reasonable doubt.
Conditional threats to a victim are sufficient to establish the crime of assault.
Complicity and conspiracy to murder are the same thing.
District of Columbia v. Heller (2008) is the first successful Second Amendment
challenge in the Court’s history.
Equal protection of the law requires all people to be treated exactly alike.
Laws that are overly broad in their reach might have a chilling effect on the exercise of
freedom of expression.
All crimes have to include a criminal act. That’s why it’s the first principle of criminal
liability.
The core of conspiracy is an agreement to commit a crime.
It’s a rare crime that includes only a criminal act.
What are the only two sex offenses originally recognized by criminal law?
a. rape and sodomy.
b. rape and frotteurism.
c. rape and oral sex.
d. rape and statutory rape.
The legal fiction created by the Supreme Court which makes it possible for corporations
to commit crimes is called
a. respondeat superior
b. actus reus
c. mens rea
d. magna cum laude
Jorge gave Annette a ride in his car. They stopped at Jorge’s mother’s house to pick up
some beer. They met Jorge’s brother, Juan, at his mother’s house and he joined them.
Jorge said he wanted to have sex with Annette. Juan said he wanted to pick up his
ex-girlfriend, Janette. Jorge drives the car to Janette’s and she comes out of the house.
Juan and Janette begin to argue and Juan stabs Janette with a knife, killing her. Jorge
drives to a lake with Annette, Juan, and Janette’s body where he helps Juan throw the
body in the lake.
What issue(s) would the court need to address in trying Jorge?
a. was a felony committed before Jorge drove to the lake?
b. did Jorge know of the commission of the felony by Juan?
c. did Jorge help Juan to keep him from being arrested?
d. the court would need to address all of these issues?
Julio is sleeping on the couch in his living room when his wife arrives home from work.
He is having a nightmare in which a man is trying to kill him. His wife bends towards
him on the couch to give him a hug and a kiss. Julio strangles his wife thinking she is
the man in the dream.
What kind of defense would Julio’s lawyer most likely use at trial?
a. a fault-based defense
b. an affirmative defense
c. an actus reus defense
d. a status defense
Criminal conduct consists of how many elements?
a. two
b. one
c. six
d. eight
Andre, Tiny, Macho, and Julio are all members of a gang called the Vatos Locos. They
spend a great deal of time in the neighborhood park hanging out. The local neighbors
complain to the city and the city writes an injunction making it illegal for any of the
four boys to spend any time together in public.
If the injunction on Andre, Tiny, Macho, and Julio is written too broadly it may be
declared
a. void for vagueness.
b. in violation of the First Amendment.
c. obstructionist.
d. in violation of the Fourth Amendment.
Jorge gave Annette a ride in his car. They stopped at Jorge’s mother’s house to pick up
some beer. They met Jorge’s brother, Juan, at his mother’s house and he joined them.
Jorge said he wanted to have sex with Annette. Juan said he wanted to pick up his
ex-girlfriend, Janette. Jorge drives the car to Janette’s and she comes out of the house.
Juan and Janette begin to argue and Juan stabs Janette with a knife, killing her. Jorge
drives to a lake with Annette, Juan, and Janette’s body where he helps Juan throw the
body in the lake.
What offense is Jorge likely to be charged with?
a. accessory after-the-fact.
b. complicity.
c. accomplice.
d. accomplice after-the-fact.
Which of the following is true of inchoate crimes?
a. they”re specific crimes.
b. they apply to many crimes.
c. stand partly in the general and partly in the special part of law.
d. all of these answers are true of inchoate crimes.
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 would not be guilty of a crime in most states, because most states require
a. knowing possession
b. mere possession
c. concurrent possession
d. constructive possession
Which type of possession is it when one has physical control of banned stuff?
a. constructive possession
b. actual possession
c. knowing possession
d. mere possession
Most states have divided robbery into degrees, based on how many circumstances?
a. two
b. three
c. four
d. five
Jorge gave Annette a ride in his car. They stopped at Jorge’s mother’s house to pick up
some beer. They met Jorge’s brother, Juan, at his mother’s house and he joined them.
Jorge said he wanted to have sex with Annette. Juan said he wanted to pick up his
ex-girlfriend, Janette. Jorge drives the car to Janette’s and she comes out of the house.
Juan and Janette begin to argue and Juan stabs Janette with a knife, killing her. Jorge
drives to a lake with Annette, Juan, and Janette’s body where he helps Juan throw the
body in the lake.
Which of the following prior cases is most pertinent to Jorge’s actions?
a. State v. Chism
b. State v. Walden
c. State v. Ulvinen
d. Backun v. United States
The defense of insanity excuses criminal liability when it seriously damages defendants’
capacity to control their acts and/or capacity to reason and
a. understand the wrongfulness of their conduct.
b. understand the harm of their conduct.
c. understand the evil of their conduct.
d. understand the stupidity of their conduct.
Today, in most jurisdictions, rape includes how many elements?
a. three
b. two
c. four
d. five
The general rule is that self-defense is available only against what type of attacks?
a. Justified
b. Legal
c. Excusable
d. Unprovoked
Inchoate offenses punish people for crimes they”ve started to commit
a. but have not finished committing.
b. and are going to finish committing.
c. but will never be able to finished committing.
d. cannot be proven beyond a reasonable doubt.
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.
Tiffany’s defense is described best as
a. failure-of-proof defense
b. diminished capacity defense
c. excuse defense
d. affirmative defense
Unlawful act manslaughter is sometimes also referred to as
a. voluntary manslaughter.
b. misdemeanor manslaughter.
c. felony murder.
d. depraved heart murder.
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.
What excuse would Marissa likely use if she is tried for murder?
a. consent.
b. voluntary intoxication.
c. justification.
d. involuntary intoxication.
The defense of diminished capacity
a. is the same as the Durham insanity test.
b. asserts that the defendant’s acts were involuntary.
c. involves a claim that because of mental illness the defendant did not have the
required actus reus.
d. involves a claim that the defendant did not have the mens rea for the crime charged
because of a mental disease or defect.
An agreement to commit a crime is a
a. solicitation.
b. complicity crime.
c. vicarious liability offense.
d. conspiracy.
The common law rules that the established four different parties to a crime
(principals-in-the-first and -second-degree and accessories-before and -after-the-fact)
were probably a reaction to
a. juvenile crime.
b. the fact that most felonies were capital offenses.
c. the Industrial Revolution.
d. royal excesses.
According to the Model Penal Code, what is the most blameworthy mental state?
a. purposely
b. knowingly
c. recklessly
d. negligently
What has occurred when actors intend to commit crimes, and do everything they can to
carry out their criminal intent, but the criminal law doesn”t ban what they did?
a. a legal impossibility
b. a de facto impossibility
c. a juristic impossibility
d. a factual impossibility
The first sedition act in the U.S. was passed in
a. 1789.
b. 1798.
c. 1809.
d. 1819.
Although municipalities have broad power, they are limited in which of the following
ways?
a. constitutional limits.
b. they cannot create misdemeanors.
c. federal statutory law.
d. city law preempts municipality law.
Ling expected his parents to buy him a car for his graduation from high school. His
parents did not buy him a car. After his graduation Ling began to think of ways to
murder his parents so that he could have his inheritance. Ling decided to cut the brake
line on his parent’s car before they went to dinner. Ling cut the brake line and his
parents died as a result of a car crash due to the failure of the brakes in their car. The
part of Ling’s crime in which he thinks about murdering his parents is called
a. actus reus
b. mens rea
c. concurrence
d. attendant circumstances
Unintentional deaths that occur during the commission of some felonies are called
a. felony murder.
b. excusable homicide.
c. involuntary manslaughter.
d. depraved heart murder.
Diminished responsibility is a defense of
a. justification
b. insanity
c. excuse
d. exception
Larissa is a student at a local college majoring in computer information technology. In
order to pay her college tuition Larissa infects as many computers on the Internet as she
could with off-the-shelf remote access Trojans (RATs). Larissa also uses her RATs to
send malicious software causing damage to computers used by the federal government
in national defense. Larissa is caught and prosecuted for her crimes.
What method allowed Larissa to distribute her RATs?
a. data diddling.
b. an e-mail flood attack.
c. password sniffing.
d. a worm.
The MPC proposes that fact finders determine recklessness according to what test?
a. a two-pronged test
b. a bad result test
c. a three-pronged test
d. a reckless knowledge test
Waivers to adult court come in three varieties. Which of the following is not one of
those varieties?
a. judicial.
b. prosecutorial.
c. legislative.
d. executive.
What are the two major approaches to the entrapment defense? Which one do you think
is best? Be sure to explain your position.
Identify and define the two kinds of criminal omission. Describe the circumstances in
which omissions are treated as acts.
Retroactive criminal laws undermine the “central values” of free societies.
List and explain the four elements of self-defense. Are there any exceptions to any of
these elements? If so, explain.
In order to improve the law of theft, many states have passed ____________ theft
statutes.
A failure to act is called a/n ____________.
___________ is an agreement to commit some other crime.
Civil gang ____________ (CGI) are a growing gang suppression strategy.
The _____________ Personal Protection Law (2009) became the model for most of the
new castle laws.
Sentencing is a _______________ judicial function.
Explain the purposes or rationales for punishment and the arguments in favor of each
rationale. Include a discussion about current trends in punishment.
There is no duty to _____________ from your own home to avoid using deadly force.
Conspiracy is the crime of agreeing with one or more people to commit a crime. What
are the two public policy justifications for attaching criminal liability for conspiracy?
Do you agree with these justifications? Why/why not?
Discuss, compare, and contrast contemporary burglary and criminal trespass. Be sure to
provide examples.
Voluntary and knowing ____________ sexual behavior between two adults is legal,
healthy and desired.
_____________ evidence proves a fact indirectly or by inference.
Vicarious liability has to be created by ___________.