In a pure democracy, the majority can have whatever it wants.
One purpose of requiring some overt acts in a conspiracy statute is to verify the
firmness of the agreement.
Crimes against public order and morals affect fewer people than the crimes against
persons and their property.
Apprendi v. New Jersey (2000) struck down a New Jersey statute authorizing judges to
increase a maximum sentence based on facts that the judge found to be true by a
preponderance of the evidence, but not proof beyond a reasonable doubt.
If there’s no criminal conduct, there’s no criminal liability.
The most prominent result crime is criminal homicide.
Fighting words are not protected by the First Amendment.
All inchoate offenses have a specific intent element.
A criminal act is enough for criminal liability for most serious crimes.
Corporations cannot be guilty of criminal homicide.
Treason is the only crime defined in the U.S. Constitution.
Every crime has to include at least one voluntary act.
Status can arise in two ways.
A noncriminal wrong is a legal wrong that justifies suing someone and getting money,
usually for some personal injury.
Violence in intimate relationships is limited to one socioeconomic group.
Historically, group disorderly conduct consisted of four misdemeanors at the common
law.
Punishing solicitation is based on the same idea as punishing conspiracy.
Most state codes have adopted the MPC general criminal reckless and negligence
provisions.
The last act rule is the strictest rule of attempt actus reus.
Under modern accessory-after-the-fact statutes, the offender is punished as severely as
the offender who committed the crime.
Most vicarious liability involves business relationships.
Defendants who argue excuses such as Post-traumatic Stress Disorder or PMS rarely
succeed.
A defendant with prior convictions for similar offenses would probably fare best in a
jurisdiction that uses the subjective test of entrapment.
The crime of stalking does not require physical injury.
Agency theory of accomplice liability assumes that we”re autonomous agents with the
freedom to choose our actions.
Different levels of blameworthiness are indicated by different types of intent.
The federal mail fraud statute defines “false pretenses” much more narrowly than
common law fraud.
The element of causation applies only to “bad result” crimes.
PTSD can be treated either as a failure to prove the mental element or as an affirmative
excuse defense.
Modern statutes and the Model Penal Code make most simple assaults a felony.
Arson is a misdemeanor and an example of a “damaging or destroying” property crime.
Mere presence at the scene of a crime isn”t enough to satisfy the accomplice actus reus
requirement.
The term “panhandling” means “begging.”
The broken windows theory was originally proposed by Wilson and Mill.
The use of the insanity defense is limited to murder cases.
The diminished capacity defense is available in most jurisdictions.
The death penalty is always a violation of the Eighth Amendment.
Ignorance of facts and law can create a reasonable doubt that the prosecution has
proved the element of criminal intent.
Which of the following is not one of the forms of euthanasia?
a. passive
b. active
c. beneficent
d. malicious
In most jurisdictions, to establish the duress defense, the defendant must show that the
threat of harm against him or her was
a. contingent.
b. foreseeable.
c. reasonable.
d. imminent.
In Stanley v. Georgia (1969), the Supreme Court struck down a statute which made it a
crime for an adult to possess what in their own home?
a. marijuana
b. illegal weapons
c. obscene materials
d. drug paraphernalia
First Amendment rights are virtually unrestricted in which of the following areas?
a. streets
b. airports
c. bus stations
d. subways
Which amendments to the Constitution resulted in the void-for-vagueness doctrine?
a. The Fourth and Fifth Amendments
b. The Fourth and Fourteenth Amendments
c. The Fifth and Fourteenth Amendments
d. The Fifth and Fifteenth Amendments
Which of the following is recognized as a valid consent defense situation in most
states?
a. a person consents to be killed
b. a person consents to a crime being committed on their children
c. the injury happens during a sporting event
d. statutory rape
What state was the first to separate murder into two degrees?
a. Virginia
b. New York
c. Pennsylvania
d. Massachusetts
According to the text, which of the following is not a property crime?
a. Fraud
b. Arson
c. Burglary
d. Vagrancy
Why are rape and other sexual assaults different from all other felonies?
a. because under other circumstances, the behaviors connected with them are legal,
healthy and desired
b. because under other circumstances, the behaviors connected with them are legal
c. because under other circumstances, the behaviors connected with them are healthy
d. because under other circumstances, the behaviors connected with them are desired
Savannah and her girlfriend Vanessa have been drinking at her apartment most of the
afternoon. They are arguing when Savannah goes into her bedroom and gets her gun.
She shoots at Vanessa but misses. Vanessa leaves the apartment and gets a gun from her
car. She returns to the apartment. Savannah yells stop and runs towards the bathroom.
Vanessa shoots at her but also misses. Savannah turns and shoots Vanessa.
What element of self-defense has Savannah failed to meet in this encounter?
a. unprovoked attack.
b. necessity.
c. proportionality.
d. reasonable belief.
Terrance is showing Manuel his gun collection. Manuel has never before handled a gun.
He reluctantly takes a gun from Terrance and asks him if he is sure that the gun is
unloaded. Terrance replies that he never puts ammunition in his guns except at the gun
range where he goes to practice. Manuel points the gun out the window of the house
and pulls the trigger. The gun fires and a women walking by on the sidewalk is shot and
killed.
At his trial, what defense is Manuel likely to use?
a. failure-of-proof defense
b. diminished capacity defense
c. justification defense
d. attendant circumstances defense
Georgia took her child to the emergency room with injuries on her legs and back. When
doctors asked her how the child received the injuries, Georgia broke down weeping and
said she beat her daughter two days ago but had just gotten her period.
Which of the following obstacles is not one that Georgia is likely to face regarding her
defense?
a. proving her problem is a disease.
b. proving she suffers from a disease.
c. proving the disease caused the mental impairment that excuses her from beating her
child.
d. proving she suffered from a medically diagnosed form of diminished capacity.
Carlos and Tanya worked together at a restaurant. Carlos asked Tanya out on a date and
Tanya declined. Carlos became very angry and began sending increasingly threatening
e-mails to Tanya. Tanya obtained a civil protection order. Carlos continued e-mailing
and threatening Tanya while also acknowledging that he was in violation of the
protection order. Tanya changed her address, license plate, employment, and moved.
The crime Carlos committed is called
a. cyberstalking.
b. stalking.
c. kidnapping.
d. attempted rape.
What are the two parties to crime that exist today?
a. accomplices participants and accessories participants
b. accomplices participants and annulments participants
c. arrangements participants and accessories participants
d. accomplices participants and arrangements participants
A conspiracy where participants at one end may know nothing of those at the other end,
but every participant handles the same commodity at different points, such as
manufacture, distribution, and sale is known as
a. a chain conspiracy.
b. a wheel conspiracy.
c. a large-scale conspiracy.
d. a small-scale conspiracy.
The U.S. Code (2012) Section 2331 breaks down terrorism into two kinds. Which of the
following are the two kinds of terrorism?
a. international and domestic.
b. international and global.
c. global and domestic.
d. independent and dependent.
The case of U.S. v. George Lee MIMS, Sr. involved what inchoate crime?
a. attempt.
b. conspiracy.
c. solicitation.
d. it involved the RICO act.
The central elements in involuntary manslaughter are
a. actus reus and mens rea.
b. motive and mental competence
c. caveat emptor and mens rea.
d. actus reus and caveat emptor.
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.
The actus reus of Casey’s crime has how many parts?
a. two
b. three
c. four
d. five
Diminished capacity is what kind of defense?
a. failure-of-proof
b. affirmative.
c. excuse.
d. insanity.
Knowing consent means
a. the person consenting is too young to understand what she’s consenting to.
b. the person consenting understands what she’s consenting to.
c. consent was the product of free will.
d. consent was not the product of force.
Defendants who plead the insanity defense
a. rarely succeed.
b. usually succeed.
c. never succeed.
d. always succeed.
What is the name of the rule that the conspiracy to commit the crime and the crime
committed as a result of the conspiracy are different offenses?
a. the Pinkerton rule
b. the Peoni rule
c. the Brady rule
d. the Rakas rule
The Constitution requires that in capital punishment cases
a. judges and juries have wide discretion in deciding who is sentenced to death.
b. mandatory death sentences are appropriate in certain clearly defined situations.
c. Judges and juries can”t impose the death penalty without a list of specific criteria for
and against the death penalty to guide their decision.
d. states can limit the types of mitigating factors that the defendant can introduce.
The idea that only by inflicting physical and psychological pain as punishment can
offenders pay for their crimes refers to which purpose of punishment?
a. retribution.
b. prevention.
c. deterrence.
d. incapacitation.
Bifurcation requires
a. that the crime of murder is divided into intentional and unintentional murder.
b. that the crime of murder is divided into first degree and second degree murder.
c. that state death penalty statutes allow mitigating evidence to be introduced during the
penalty phase of a capital murder trial.
d. that in a death penalty case there are two phases: the trial on guilt or innocence and a
separate hearing, after a guilty verdict, to consider the evidence for and against capital
punishment.
Fault that requires a “bad mind” in the actor is called
a. objective fault.
b. subjective fault.
c. no fault.
d. concurrent fault.
Which of the following would not be included in criminal negligence homicide
statutes?
a. unintentional deaths caused by handling explosives
b. unintentional deaths caused by delivering dangerous drugs
c. unintentional deaths caused by failing to care for a sick child
d. unintentional deaths caused by accidental discharge of a firearm during a robbery
White-collar crimes are crimes are generally related to
Ted works for the Transportation and Security Administration (TSA). In his work for
the TSA Ted runs background checks on potential employees. After working for the
TSA for a little over a year Ted is told that his position is being eliminated. One week
prior to his last day of employment, Ted removes a vital piece of code from the program
he used to do his job. The next day he created and transmitted a new code that would
disrupt TSA’s security screening function.
What are the possible punishments for Ted’s crime?
a. fine.
b. imprisonment.
c. fine and imprisonment.
d. all of these answers are correct.
If the defendant had sufficient time to cool-off after the sudden passion and before the
killing, the crime is considered ____________, not voluntary manslaughter.
Retributionists contend that punishment benefits not only _______________ but also
criminals.
The term ____________ terrorism means activities that occur primarily outside the
territorial jurisdiction of the United States.
Discuss how the meaning of “person” is integral to homicide law. How does it present
problems at both ends of the life cycle?
Crimes against persons boil down to four types: taking a life; unwanted sexual
invasions; bodily injury; and personal ____________.
A whole new vocabulary has grown up to describe the ways hackers commit
____________
Discuss the similarities and differences between aggravated rape and unarmed
acquaintance rape. Why does the criminal justice system deal with aggravated rape
better than it does with unarmed acquaintance rape? Discuss what the criminal justice
system could do to better address the problem of unarmed acquaintance rape.
Because they are likely to incite violence, _______________ words are not protected
by the First Amendment.
The term victimless crimes applies only to ____________.
The ____________ standard in a sexual assault case requires force in addition to the
force needed to accomplish penetration.
Affirmative defenses such as justification and excuse place the burden of production or
of _______________ on the defendant.
Loitering and vagrancy laws were frequently found unconstitutional under the
void-for-____________ doctrine.
What does it mean that the First Amendment protects expressive speech? Discuss
Supreme Court cases that have dealt with expressive speech and criminal statutes.
Describe some of the top 50 terrorist plot cases included in the chapter. Do you agree
with the authors’ statement that they focused on Al Qaeda and Hamas cases because
they were a special threat to our national security? Why/why not?
Crimes are acts deserving of the strongest _______________ and stigma of a society.
The mens rea for involuntary manslaughter is negligence or ____________.
In case citations, the ________ number always comes before the title of a reporter and
the page always comes immediately after the title.
Discuss elements currently required to prove burglary.
Federal law prohibits providing ____________ support to terrorists or terrorist
organizations.