Courts today have adopted three definitions of “force” for the crime of rape.
Treason consists of four elements.
Crimes requiring a criminal act triggered by criminal intent are called result crimes.
The constitution balances the power of government with the liberty of individuals.
Thirty-five mentally retarded persons were executed between 1976 when the death
penalty was reinstated and 2001.
Domestic violence crimes have always been a criminal justice problem.
For common law burglary, a circumstance element was that the crime occurred at night.
The list of quality of life offenses includes public drinking and drunkenness.
The death penalty is discretionary in all states in which the penalty is authorized.
RICO applies harsh penalties to those engaged IN criminal enterprise or illicit activity
that is run like a business.
Most affirmative defenses are imperfect defenses.
Proving criminal causation requires proving both factual and legal cause.
Incapacitation restrains convicted offenders from committing further crimes.
Criminal liability is sometimes imposed without fault.
There are four categories of crimes against property.
States can control the time, content, and manner of panhandling, but cannot control the
place of panhandling.
Vicarious liability transfers the criminal conduct of one party to another because of their
relationship.
The central elements in involuntary manslaughter are its actus reus and its mens rea.
Determinists reject the free-will assumption that underlies retribution.
Common law rape required both lack of consent and force or threat of force.
Regarding statutory rape, only Alaska and California allow for mistake of age as a
defense.
Concurrence means that some mental fault has to trigger the criminal act in conduct
crimes and the cause in result crimes.
Treason is the only crime aimed at combating disloyalty and keeping the allegiance of
our citizens.
Article III of the U.S. Constitution bans ex post facto laws.
One difference between false imprisonment and kidnapping is that false imprisonment
requires asportation of the victim.
Throughout most of our history, “bad manners” crimes have been called crimes against
public order.
Traditional parental responsibility laws are the same as vicarious liability.
The authors of the U.S. Constitution were traitors under English law.
The Constitution grants particular authority to the President in matters of foreign
affairs.
Despite the broad scope of burglary statutes the offense never invites injustices.
A preliminary injunction is a final or permanent court order designed to freeze the
status quo.
Vagrancy is a relatively new crime.
Legal duties are created in three ways: statutes, contracts, and specific relationships.
In all states and the federal courts, the defendant must prove insanity beyond a
reasonable doubt.
In the majority of states, duress isn”t a defense to murder.
In many states, there is more than one type or degree of burglary.
A parent-child relationship is an example of a ‘special relationship.”
Much of the body of criminal homicide law is about grading the seriousness of the
offense.
Rape is a general-intent crime.
Diminished capacity is an affirmative defense in the sense that it excuses criminal
conduct.
In what case did the Court apply the Apprendi rule to the U.S. Sentencing Guidelines?
a. Penry v. Lynaugh (1989)
b. U.S. v. Booker (2005)
c. Roper v. Simmons (2005)
d. Atkins v. Virginia (2002)
What word do those who criticize the use of the word “know” in insanity tests prefer?
a. understand
b. comprehend
c. cognate
d. appreciate
What kind of crime is rape?
a. strict liability
b. vicarious liability
c. specific intent
d. general intent
In a careful and extensive survey of a representative sample of high- and low-crime
neighborhoods in major cities, what topped the list of worries among all classes, races,
and ethnic groups, among both men and women?
a. public drinking
b. loitering
c. Prostitution
d. Murder
A ban on ex post facto laws seeks to accomplish two major purposes. These purposes
include which of the following?
a. protection and prevention
b. prohibition and promiscuity
c. proportion and legality
d. specificity and proportion
Which of the following is a status that is voluntary?
a. addiction
b. sex
c. race
d. age
The core of conspiracy is
a. several people preparing to commit a crime.
b. several people agreeing to commit a crime.
c. several people committing a crime as opposed to one person committing a crime.
d. the fact that conspiracies are secret agreements to commit crime.
Which of the following statements is true regarding recklessness and negligence?
a. recklessness is about consciously creating risks; negligence is about unconsciously
creating risks
b. recklessness is about unconsciously creating risks; negligence is about consciously
creating risks
c. recklessness and negligence are both about consciously creating risks
d. recklessness and negligence are both about unconsciously creating risks
What is the heart of self-defense?
a. necessity
b. imminence
c. practicality
d. concession
Which of the following is the most prominent result crime?
a. criminal homicide
b. criminal manslaughter
c. criminal rape
d. criminal voyeurism
In a constitutional democracy “quality of life” crimes underscore the tension between
liberty and
a. order.
b. freedom.
c. peace.
d. policing.
In response to the terrorist acts of September 11, 2001, the U.S. Congress passed the
a. AEDPA.
b. USA Patriot Act.
c. Smith Act.
d. International Terrorism Act.
In practice, what is the most common use of disorderly conduct statutes?
a. the ban on fighting in public.
b. the ban on using “abusive language.”
c. the ban on creating a “hazardous or physically offensive condition.”
d. the ban on streetwalking.
Janet was walking to her car in the parking lot after having been shopping in the mall.
As she walked towards her car a man ran out from between two cars and grabbed her
purse hanging on her shoulder. Janet held on to the purses and a brief struggle ensured.
The purse strap broke and the man ran away with Janet’s purse.
The struggle for the purse satisfies what element actus reus of the crime?
a. force.
b. threat.
c. fear.
d. torture.
The use of violence or intimidation to achieve political or ideological aims is called
a. sedition.
b. sabotage.
c. espionage.
d. terrorism.
Proximate cause is a subjective question of fairness that appeals to the jury’s sense of
a. justice.
b. duty.
c. fairness.
d. guilt.
What is the crime of lawfully gaining possession of someone else’s property and later
converting it to one’s own use?
Disorderly conduct offenses are an important part of the criminal justice system for
three reasons. Which of the following is not one of those reasons?
a. they “affect large numbers of defendants.
b. they involve a great proportion of public activity.
c. they powerfully influence the view of public justice held by millions of people.
d. all of these answers are correct.
Which Amendment to the Constitution requires that states provide equal protection of
the law?
a. The Ninth Amendment
b. The Tenth Amendment
c. The Thirteenth Amendment
d. The Fourteenth Amendment
Which Amendment to the Constitution contains the Equal Protection clause?
a. The First Amendment
b. The Fourth Amendment
c. The Eighth Amendment
d. The Fourteenth Amendment
The case of Pinkerton v. U.S. (1946) deals with what rule?
a. the rule that the crime of conspiracy and the crime the conspirators agree to commit
are separate offenses.
b. the rule that even presence at the scene of a crime followed by flight isn”t enough
action to establish accomplice actus reus.
c. the common law rule that the government couldn”t try accomplices until principals in
the first degree were convicted.
d. the accessory liability rule that it is not as blameworthy to help someone else escape
prosecution as it is to participate in the crime itself.
The retreat rule is the
a. common rule
b. minority rule
c. majority rule
d. same as the castle rule
Recent anti-terrorist legislation outlaws
a. sedition.
b. adhering to the enemy.
c. the use of weapons of mass destruction.
d. teaching about the violent overthrow of the government.
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.
This type of injunction addresses what kind of behavior by gang members?
a. vagrancy.
b. loitering.
c. recklessness.
d. public intoxication.
The Model Penal Code disorderly conduct statute requires the mens rea of
a. negligence.
b. strict liability.
c. recklessness or knowledge.
d. knowledge.
New Hampshire and Maine were the only states to adopt what rule for the insanity
defense?
a. the M”Naghten rule
b. the Durham rule
c. the substantial capacity rule
d. the right-wrong rule
Some serious crimes include five elements. Which of the following is not one of those
elements?
a. a voluntary act
b. the mental element
c. causation
d. omission
Professionals who sell stolen property for profit are called
a. purveyors.
b. fences.
c. procurers.
d. wholesalers.
Which of the following are the two kinds of criminal omission?
a. failure to observe and failure to intervene
b. failure to report and failure to observe
c. failure to move and failure to intervene
d. failure to report and failure to intervene
According to the general principle of actus reus, every crime has to include at least one
a. act
b. voluntary act
c. involuntary act
d. intended act
Equal protection does not require that
a. racial classifications be subjected to strict scrutiny.
b. everyone, or even all criminals, be treated exactly alike.
c. punishments be proportional.
d. classifications regarding fundamental rights be subject to strict scrutiny.
The case of Cramer v. U.S. involved was part of the fallout from what war?
a. World War I.
b. World War II.
c. The Civil War.
d. The Vietnam War.
What reduces the seriousness of the crime and the punishment to allow for human
frailty?
a. provocation
b. justification
c. torture
d. verbal attack
A crime without an intent element is called a strict_____________ crime.
Statutory rape is to have carnal knowledge of a person under the age of consent whether
or not accomplished by force. Discuss how immaturity replaces force in the case of
statutory rape and what it means to say that statutory rape is a strict liability crime in
most states.
What are syndrome excuses? Why should they be taken seriously?
Explain how efforts to control quality of life offenses highlight the tension between
order and liberty in constitutional democracies.
Throughout U.S. history, the government has prosecuted only a handful of people for
____________.
Failure to report and failure to intervene are criminal omissions only if defendants had
a________ to act.
The only two sex offenses at common law were rape and ____________.
Ignorance of _____________ and law can create a reasonable doubt that the
prosecution has proved the element of criminal intent.
The mens _______________is the mental element of the crime.
Only voluntary acts qualify as actus reus. Why do only voluntary acts qualify as
criminal acts? Be sure to explain the rationale which includes four steps. Explain the
one-voluntary-act-is-enough rule.
Robbery involves taking property through the use of force or the ____________ of
force.
Discuss, compare, and contrast larceny, embezzlement, and false pretenses.
There are two types of large scale conspiracies: ______________ and chain.
The meaning of “____________” is integral to homicide law.
Research has indicated that most people are more worried about quality of life crimes
than about serious crimes. What information in the chapter provides support for such
concern? Why do you think people are more worried about quality-of-life crimes than
about serious crimes?