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.
Julio’s behavior during his dream is also known as
a. automatism
b. somnambulism
c. hypnotism
d. paroxism
Which of the following cases involves the mere presence rule?
a. Bailey v. U.S.
b. Backun v. U.S. (1940)
c. U.S. v. Peoni (1938)
d. State v. Chism (1983)
Private wrongs for which you can sue the party who wronged you and recover money
are known as
a. torts.
b. misdemeanors.
c. regulatory violations.
d. mala prohibitum offenses.
Which test focuses on criminal acts resulting from mental disease?
a. volitional incapacity
b. substantial incapacity
c. product-of-mental-illness
d. right-wrong
In which of the following situations does the right to defend “others” not apply?
a. defending a spouse from assault
b. defending a parent from assault
c. preventing the rape of a friend
d. preventing a sister from having an abortion
Crimes requiring a criminal act triggered by criminal intent are called
a. bad intent crimes
b. public order crimes
c. conduct crimes
d. special crimes
What state passed the first new castle doctrine?
a. California
b. Ohio
c. Oregon
d. Florida
The argument that a state can”t exercise power over individual members of society
except to prevent harm to others is called
a. presumption of bodily integrity.
b. justifiable homicide.
c. adequate provocation.
d. malum prohibitum crime.
Purposely acting and wanting a crime to succeed clearly qualifies as accomplice
a. stare decisis.
b. actus reus.
c. voluntary act.
d. mens rea.
Which of the following forms of intent is both objective and subjective?
a. negligent
b. reckless
c. knowing
d. purpose
In strict liability cases, the prosecution has to prove only that defendants committed a
a. voluntary act that caused harm.
b. voluntary civil act that caused harm.
c. voluntary criminal act that caused harm.
d. voluntary mistake that caused harm.
In a death penalty case, a finding by the jury that the defendant did not have a
significant criminal background is considered
a. an aggravating factor.
b. a mitigating factor.
c. a complicating factor.
d. an irrelevant factor.
Attempt actus reus is
a. taking some steps toward completing a crime.
b. taking most steps toward completing a crime.
c. taking all steps toward completing a crime.
d. taking no steps toward completing a crime.
Which of the following is not one of the four building blocks of criminal codes?
a. criminal act
b. criminal intent
c. concurrence
d. bad intent
Of the following categories, what one can we say with certainty is an appropriate
classification for the theft of the checks?
a. mala in se.
b. mala prohibita.
c. misdemeanor.
d. felony.
Which kind of fault requires no purposeful or conscious bad mind in the actor?
a. objective fault
b. subjective fault
c. no fault
d. concurrent fault
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 is the main issue for the state in Joe’s case?
a. knowledge
b. possession
c. causation
d. intent
What theory of accomplice liability assumes that when you choose to participate in
crime, you forfeit your right to be treated as an individual?
a. agency theory
b. forfeited personal identity theory
c. malicious teamwork theory
d. benign offender theory
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.
If Julie was convicted the court would have violated the ban on
a. ex post facto laws
b. habeas corpus laws
c. void-for-vagueness laws
d. equal protection laws
Parent responsibility statutes are based on parents’ acts and
a. omissions.
b. thoughts.
c. intentions.
d. expectations.
The entrapment defense arose primarily in response to police excesses in enforcing
what laws?
a. violent crime
b. consensual crime
c. international
d. espionage
Supporters of the castle laws see them as the public reasserting what?
a. fundamental rights
b. gun rights
c. freedom of speech rights
d. defense attorney rights
English common-law required defendants pleading self-defense in homicide cases to
prove that they had
a. retreated to the wall
b. retreated as far as possible
c. retreated reasonably
d. retreated fully
Fault that requires a bad mind in the actor is
a. subjective fault
b. objective fault
c. voluntary fault
d. conscious fault
To prove voluntary manslaughter, the prosecution has to prove that
a. the provocation caused the passion and the killing.
b. there was no cooling-off time.
c. the death was unintentional.
d. the death was an accident.
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.
Manuel’s mistake would be a defense only if it
a. prevents the formation of any fault-based mental attitude
b. prevents the formation of any concurrence
c. prevents the formation of any complicity
d. prevents the formation of any knowledge
Which of the following is true for both crimes and torts?
a. they only apply to low-income persons
b. they tell us what we can”t do
c. consequences include incarceration
d. they address only misdemeanor crimes
The Smith Act of 1940 primarily involved what crime?
a. espionage.
b. sedition.
c. spying.
d. destroying government property.
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.
Manuel’s defense involves the prosecution’s failure to prove what beyond a reasonable
doubt?
a. actus reus
b. mens rea
c. concurrence
d. attendant circumstances
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.
Amelia’s state of mind when she runs over her sister is an example of
a. mens rea
b. actus reus
c. concurrence
d. legal cause
If there is no criminal conduct, there’s no criminal
a. possession.
b. liability.
c. omission.
d. issue.
Most serious crimes require criminal _____________ and a criminal act.
Discuss the broken windows theory and provide examples. What has the research
shown about the validity of the theory?
Criminal homicide is different from all other crimes because of the ____________ of its
result.
The concept of retreat has undergone historic transformation since the English common
law requirement that one “retreat to the wall.” Explain thi transformation and how it’s
altering the stand-your-ground rule and the retreat rule.
Define, compare, and contrast constructive, actual, mere, and knowing possession. Be
sure to provide an example of each.
Define, compare, and contrast the “Good Samaritan” rule and the American bystander
rule. Which rule is dominant in the United States? Which rule is best? Explain your
position.
______________ impossibility is not a defense to an attempt crime.
Vicarious liability has to be created by ___________.
What concerns were on the minds of the authors of the constitution when they were
writing it? What were the outcomes directly related to these concerns?
Discuss the origins and development of disorderly conduct and how it expanded to
include “quality of life” offenses aimed at “bad manners” in public.
Insulting gestures and words are not legally adequate____________ for purposes of
voluntary manslaughter.
Offensive, sexually explicit material not protected by the First Amendment is called
______________.
Compare and contrast general and specific intent. How are general and specific intent
similar? How are they different?
It is sometimes okay to excuse people who harm ___________ people to save
themselves.
Vicarious liability transfers the actus reus and the mens rea of one person to another
personor from one or more persons to an enterprisebecause of their relationship.
Explain what it means to transfer actus reus and mens rea. Discuss the most common
cases involving vicarious liability and provide an example.
What are strict liability crimes? Provide an example. What are some of the arguments
for and against such crimes? Do you think there should or should not be strict liability
crimes? Explain your position.
Two types of affirmative defenses are “perfect” and “imperfect” defenses. Explain the
difference between a “perfect” and an “imperfect” defense. Provide examples of each.
What is one exception to a “perfect” defense?
____________ can beg honestly on streets and in parks.