Most laws today recognize adultery as adequate provocation.
A syndrome is defined as a group of symptoms typical of a particular disease or
condition.
The elements of the crime of embezzlement would be found in the general part of the
criminal law.
Criminal conduct is conduct that unjustifiably and inexcusably inflicts or threatens
substantial harm to individual or public interests.
Until 2000, the guidelines and mandatory forms of fixed sentencing created only
possible cruel and unusual punishment problems.
Criminal intent is the same thing as motive.
Fault-based defenses are defenses based on creating a reasonable doubt about the
prosecution’s proof of a voluntary act.
Insanity is an example of a justification defense.
Currently, the punishment for simple rape is death.
Corporations can be vicariously liable for the criminal acts of their employees.
According to the voluntary abandonment defense, defendants who voluntarily and
completely renounce their criminal purpose can avoid criminal liability.
Most jurisdictions utilize the objective test of entrapment.
Mistakes sometimes are called a failure-of-proof defense.
False imprisonment is a lesser form of personal restraint than kidnapping.
All state and city governments have passed criminal laws to regulate gang behavior.
It is a crime to be a member of a group that advocates the violent overthrow of the
government.
Order and liberty are goals that can be inconsistent.
If you use force to protect yourself, your home or property, or the people you care
about, you”ve violated the rule of law.
Vicarious liability transfers the actus reus and mens rea of one party to another based
on their relationship.
There are three types of large scale conspiracies.
Burglary is a strict liability crime.
A criminal act (actus reus) is not necessary for most serious crimes.
Serious crimes include both a criminal act and mens rea.
The four elements of self-defense are unprovoked attack, necessity, proportionality, and
reasonable belief.
An imperfect defense, such as imperfect self-defense, may, in some jurisdictions,
reduce a murder to manslaughter.
The “broken windows” theory claims “quality of life” crimes are linked to serious
crime.
In the U.S., espionage can be punished by death.
Expressive conduct is protected by the First Amendment.
The heart of criminal trespass is unwanted theft.
The product-of-mental-illness test is also known as the right-wrong test of insanity.
According to what principle must there be a specific law defining a crime and setting
out the punishment before a person can be punished for that crime?
a. the principle of legality
b. the principle of comity
c. the principle of proportionality
d. the principle of reciprocity
What is the standard used by courts of appeal to determine if a sentence is “inside, just
outside, or significantly outside the Guidelines range?”
a. the constitutional standard
b. the abuse-of-discretion standard
c. the upward departure standard
d. the downward departure standard
Even slightly mishandling the victim, like a push, turns the pickpocket into a
a. burglar.
b. arsonist.
c. robber.
d. extortionist.
What was the “dirty secret” that resulted in reforms in sex offense law?
a. vast majority of rape victims are raped by men they know.
b. vast majority of rape victims are underage.
c. vast majority of rape victims are raped by men strangers.
d. vast majority of rape victims are raped by teenagers.
Amelia wishes her sister was dead. If her sister dies, Amelia will receive a great deal of
money. As Amelia is driving she sees her sister walking down the street. Amelia makes
the decision to run her over with the car. She swerves off the road and runs her sister
over and kills her.
What is Amelia’s motive for the murder of her sister?
a. money
b. hatred
c. her wish to see her dead
d. she no motive
Jasmine leaves her car running in the driveway as she is closing her garage door. Omar
gets in the car as her back is turned and begins to drive away with Jasmine’s
eight-year-old daughter in the car. Jasmine runs to the car and puts her arms through the
driver’s side window which is open about ten inches. She grabs for the keys and
succeeds in turning off the car as it hits the curb across the street (a distance of
approximately 50 feet).
Based on the information provided, what crime would Omar most likely be charged
with?
a. false imprisonment.
b. simple kidnapping.
c. aggravated kidnapping.
d. aggravated false imprisonment.
The defendant sees a car he wants to steal and breaks the window glass. The police
interrupt. It turns out the car belongs to the defendant. The defendant
a. is guilty of attempted theft.
b. has a defense of voluntary abandonment.
c. has a valid defense of legal impossibility.
d. has a valid defense of factual impossibility.
What transfers the actus reus and mens rea of an employee to the employer?
a. vicarious liability
b. strict liability
c. accessory liability
d. conspiracy liability
The Model Penal Code divides arson into degrees based on
a. defendant’s motive.
b. defendant’s blameworthiness.
c. amount of damage.
d. defendant’s motive.
Lorena Bobbitt claimed what defense?
a. insanity.
b. diminished capacity.
c. duress.
d. entrapment.
The most common definition of specific intent is
a. general intent plus.
b. general intent.
c. subjective intent.
d. subjective intent plus.
The degree of murder or type of homicide is determined by the actus reus, special
circumstances, and the
a. concurrence.
b. act.
c. harm.
d. mens rea.
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.
What crime is Terrell a victim of?
a. first degree murder.
b. involuntary manslaughter.
c. voluntary manslaughter.
d. second degree murder.
In most states, prostitution and promoting prostitution are
a. felonies.
b. misdemeanors.
c. not considered crimes.
d. crimes that are not generally enforced by authorities.
The case of The Queen v. Dudley and Stephens (1884) involves which defense?
a. imminent necessity
b. the castle doctrine
c. the Good Samaritan defense
d. unprovoked attack defense
Su lives in New York City. She wrote a blog in which she encouraged people to blow up
United States government buildings. In addition, she provided detailed instructions on
how to acquire materials for making bombs and how to build the bombs. The Federal
Government shut down Su’s blog and arrested her.
Which of the following crimes is Su most likely to be charged with?
a. sedition.
b. sabotage.
c. espionage.
d. treason.
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 type of activity did Ted engage in?
a. sedition.
b. sabotage.
c. espionage.
d. treason.
One of the most critical problems in sex offenses is to distinguish flirting and seduction
from?
a. sexual assault
b. assault
c. stalking
d. kidnapping
Of the following groups, what one is imprisoned at the highest rate?
a. black men.
b. Hispanic men.
c. white men.
d. asian men.
The insanity defense stands for the important proposition that we can only blame people
who are
a. responsible.
b. sane.
c. insane.
d. irresponsible.
Joe lives in Washington State. Joe tested positive for HIV. Joe receives counseling
regarding HIV infection and the risks regarding the potential for transmitting HIV to
sexual partners. Joe has sex with a woman without using condoms.
What crime is Joe most likely to be charged with?
a. assault
b. rape
c. attempted homicide
d. attempted assault
Lyle and Don live in Houston, Texas. Don wants to buy a set of Bose speakers. Lyle
tells Don he knows a guy named John who has brand name cheap electronics, but they
may be stolen. He tells Don that he got his flat screen television from John a few
months ago at a great deal. Don gives Lyle some money. John delivers the speakers
directly to Don the following day.
Who in this transaction is guilty of receiving stolen property?
a. Lyle.
b. John.
c. Don.
d. Lyle and Don.
Participants after the commission of crimes are
a. sometimes guilty of a separate, less serious offense.
b. not guilty of anything.
c. never guilty of a separate, more serious offense.
d. always only guilty of a separate, equally serious offense.
Involuntary manslaughter is an unintentional killing by a voluntary act or
a. omission.
b. neglect.
c. incompetence.
d. recklessness.
What thought process says that human beings seek pleasure and avoid pain?
a. rationalism.
b. hedonism.
c. minimalization.
d. rationalization.
For what crime did the Supreme Court ban the use of the death penalty in Coker v.
Georgia (1977)?
a. espionage
b. treason
c. rape of an adult female
d. murder
The mens rea of involuntary manslaughter is usually
a. negligence or recklessness.
b. intentional.
c. deliberate and premeditated.
d. implied malice.
Define euthanasia. Explain the the arguments for and against euthanasia. Which do you
agree with? Why?
How many elements are there in the defense of duress?
a. three.
b. four.
c. five.
d. six.
Today, disorderly conduct crimes are most often referred to as
a. quality of life crimes.
b. public crimes.
c. disorderly crimes.
d. bad manners.
When U.S. Courts of Appeal review sentences, they have to consider whether a
sentence is “unreasonable” in light of the Guidelines and
a. the general purposes of sentencing under federal law.
b. the Eighth Amendment.
c. the special purposes of sentencing under federal law.
d. public opinion.
Laws targeting poor people’s behavior, and the attitudes behind them, began to change
during
a. the Great Depression.
b. World War Two.
c. the Korean War.
d. the Civil Rights Protests.
Defenses based on creating a reasonable doubt about the prosecution’s proof of a
voluntary act are called
a. fault-based defenses
b. default-based defenses
c. non-fault-based defenses
d. voluntary-act-based defenses
___________ principles of criminal law apply to many or all crimes.
In addition to criminal penalties, cities have also turned to ____________ remedies to
control gang activity.
Most of the law of criminal homicide is about ____________the seriousness of the
offense.
What is the principle of concurrence? Why is the principle of concurrence important to
criminal liability? Provide an example of a criminal situation and how concurrence
applies to that situation.
The USA PATRIOT Act is the act passed by ____________ following September 11,
2001.
According to the ____________, a fetus could not be the victim of a homicide.
Under the Eighth Amendment, punishments must be _______________ to the offense.
Damaging or destroying government property to hinder national defense is called
____________.
Under the First Amendment, for a regulation to be considered valid, time, place, and
manner restrictions must serve ____________ government interests.
What is the USA PATRIOT Act? What crimes does it include?
Municipal ordinances often _______________ and overlap state criminal code
provisions.
What is the legal definition of a voluntary act? Explain fault-based defenses and
affirmative defenses and their relationship to the legal definition of a voluntary act.
Provide examples.
__________________ involves a connection between the mens rea and the actus reus.
A _____________ defense is one that, if established, requires an acquittal.
What are the two rationales for the crime of attempt? Provide an example of each.
Explain how most criminal homicide statutes can be applied to corporations. Why are
prosecutions of corporations for criminal homicide rare?
In the _____________ defenses, defendants admit what they did was wrong but claim
that, under the circumstances, they weren”t responsible for what they did.