The U.S. Congress enacted the country’s first sedition act in 1798.
Socializing with saboteurs alone is enough to justify conviction of treason.
States vary as to who has to prove insanity and how convincingly they have to do so.
The term “aforethought” refers to planning in advance.
Some jurisdictions still follow the common law of attempt.
Crimes punishable by more than a year of imprisonment are called felonies.
Strict liability crimes have no actus reus element.
At common law, there were four parties to crime.
The U.S. Supreme Court has never struck down a vagrancy or loitering law.
The burden of proof for crimes is different than the burden of proof for torts.
Peaceful opposition to the government is treason.
Even in situations where the defendant has a legal duty to act, his or her mere presence
at the scene of a crime is not enough to amount to accomplice actus reus.
The defense of insanity excuses criminal liability when it seriously damages defendants’
capacity to control their acts.
All courts define general intent as the intent to commit the criminal act.
The punishment for being an accomplice is not the same as for the person who actually
committed the crime.
Conspiracy mens rea isn”t clearly defined in modern legislation.
Most states allow the defense of reasonable mistake of age in statutory rape cases.
Fair notice means that the defendant is aware that there is a law against a particular act.
In U.S. v. Peoni, the court ruled that accomplice liability also requires proof of intent
that the offender committed the crime.
Proving criminal conduct is necessary to impose criminal liability and punishment.
Complicity establishes when you can be criminally liable for someone else’s conduct.
The most commonly prosecuted crime against the state since September 11, 2001, have
involved alleged terrorists or terrorist organizations.
Flight from the scene of a crime is enough evidence to convict a person of a crime or of
being an accomplice.
Self-defense laws have not changed in many years and are not currently changing.
Involuntary manslaughter includes the elements of causation and resulting harm.
The initial aggressor or attacker can never claim self-defense.
Most states have passed rape shield statutes.
Dangerous person rationale looks at how close defendants came to completing their
crimes.
Ignorance of facts and law can never create a reasonable doubt that the prosecution has
proved the element of criminal intent.
In the justification defenses, defendants admit they were responsible for their acts but
claim what they did was right (justified) under the circumstances.
Self-defense consists of four elements.
Conspiracy is a specific intent crime.
Crimes against potential terrorist attacks are not subject to the limits placed on
traditional criminal law.
In conspiracy, a criminal objective is the criminal goal of an agreement to commit a
crime.
The principle of legality is also called “the first principle of criminal law.”
The majority opinion lays out the established law of the case.
The general part of criminal law defines specific crimes and arranges them into groups
according to subject matter.
Because sentencing guidelines are now advisory, appellate review of sentencing
decisions is limited to determining whether they are:
a. Arbitrary
b. Confused
c. Reasonable
d. Collusive
Under the M”Naghten test of insanity, the defendant is legally insane at the time of the
crime if, because of a mental disease or defect, he did not know that what he was doing
was wrong or did not know
a. that the behavior was against the law.
b. the identity of the victim.
c. that he had a mental disease or defect.
d. the nature and quality of the act.
The objective test of entrapment focuses on
a. the actions of predisposed criminals.
b. the actions of white collar criminals.
c. the actions of police.
d. the actions of mentally impaired offenders.
What rule ensures criminality is not subject to the passions of rulers, democratic or
otherwise?
a. the rule of law
b. the rule of comity
c. the rule of Apprendi
d. the rule of censure
Which of the following cases involves the “New York Subway Vigilante?”
a. State v. Harold Fish (2009)
b. People v. John Gray et al. (1991)
c. People v. Goetz (1986)
d. State v. Thomas (1997)
Since the 1970s, rape laws have been reformed by
a. the creation of the marital exception.
b. limiting the offense to vaginal penetration.
c. relaxing the prompt reporting rule.
d. relaxing the non-consent element.
The assumption underlying rehabilitation theory is that
a. criminal behavior is primarily a medical problem that can be cured with the correct
drugs.
b. rehabilitation requires long-term incarceration and intense treatment.
c. forces beyond offenders’ control cause them to commit crimes and experts using the
correct therapy can reform criminals.
d. sometimes the cure for criminality involves large doses of pain.
What kind of terrorism involves terrorist acts committed outside the U.S.?
a. international
b. homegrown
c. domestic
d. Tertiary
Criminal attempts, criminal conspiracies, and criminal solicitation are all what kind of
crimes?
a. strict liability
b. inchoate
c. complicity
d. vicarious liability
Most modern statutes use the unilateral approach to conspiracy crimes. This means that
a. all of the parties to the conspiracy must have intended to commit the crime.
b. all of the parties to the conspiracy knew of each others’ role in the commission of the
crime.
c. failure to convict one party of a conspiracy prevents the conviction of the
co-conspirators.
d. all of the conspirators do not have to intend to go through with the agreement to
commit the crime.
Tricking the victim into believing the act she consented to wasn”t sexual intercourse is
known as
a. fraud in the fact.
b. corroboration in the fact.
c. fake in the fact.
d. phony in the fact.
The appellant is the party who
a. is appealing to ensure their victory in the court below.
b. is appealing to overturn an unfavorable decision.
c. has had an appeal filed against them.
d. has not filed the charges against the appellee.
An intentional, sudden killing triggered by an adequate provocation is said to be
a. the heart of voluntary manslaughter.
b. the heart of involuntary manslaughter.
c. the heart of first degree homicide.
d. the heart of second degree homicide.
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).
Which of the following facts would elevate Omar’s crime to a more serious offense?
a. he planned to rape Jasmine’s eight-year-old daughter.
b. he planned to blackmail Jasmine for the return of her eight-year-old daughter.
c. he planned to torture Jasmine’s eight-year-old daughter.
d. all of these facts would elevate Omar’s crime to a more serious offense.
The element of causation applies only to what kind of crimes?
a. “bad result” crimes
b. “bad knowledge” crimes
c. “reckless” crimes
d. “negligent” crimes
Blackstone’s definition of burglary just before the American Revolution
emphasizes the special nature of
a. homes.
b. personal property.
c. businesses.
d. cars.
How many terrorism cases had the U.S. Government prosecuted as of September, 2010?
a. 1,000.
b. 2,000.
c. 3,000.
d. 4,000.
Sedition can be done by
a. speeches.
b. writing.
c. agreement.
d. all of these answers are correct.
To obtain a conviction, the prosecution must prove every element of the offense
a. by a preponderance of the evidence.
b. beyond a reasonable doubt.
c. by showing probable cause.
d. beyond a shadow of a doubt.
The Model Penal Code’s substantial steps test (also called the “MPC test”) was designed
to accomplish three important goals. Which of the following is not one of those goals?
a. replace (or at least drastically reform) the proximity and unequivocality tests with a
clearer and easier-to-understand-and-apply test
b. draw more sharply (and push back further toward preparation) the line between
preparation and beginning to attempt the crime
c. base the law of attempt firmly on the theory of neutralizing dangerous persons, not
just on preventing dangerous conduct
d. end all use of proximity and unequivocality tests with a clearer and
easier-to-understand-and-apply test
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
triggering of the criminal act by the criminal intent is called
a. actus reus
b. mens rea
c. concurrence
d. attendant circumstances
Rape shield statutes
a. prohibit introducing evidence of victims’ past conduct.
b. provide for the death penalty for rape.
c. prohibit cross examination of the rape victim.
d. protect the defendant from prejudicial pretrial publicity.
What was the original source of law?
a. legislatures.
b. administrative agencies.
c. courthouses.
d. common law.
Regarding attempt actus reus, which test asks whether defendants have come
“dangerously close” to completing the crime?
a. the all but the last act test.
b. the dangerous proximity to success test.
c. indispensable element test.
d. the unequivocality test.
Most offenses that don”t require a mens rea do include which of the following?
a. a moral but not legal transgression
b. a lapse of good judgment but not criminal
c. a criminal omission
d. an attendant circumstances element
The mental element of a crime is called the
a. mens rea.
b. harm.
c. actus reus.
d. concurrence.
According to the U.S. Supreme Court, California’s three-strikes law
a. does not violate the Eighth Amendment.
b. violates the Eighth Amendment.
c. is constitutional only if applied to defendants who commit very serious felonies.
d. is unconstitutional because it is disproportionate.
Court decisions have made the mens rea element of accomplice liability
a. very clearan accomplice must desire the outcome of the crime they are knowingly
aiding and abetting.
b. very clearan accomplice must know they are aiding a crime, but they do not have to
desire that the crime be committed.
c. confusingsome courts have required only that the accomplice know they are
facilitating a crime, and other courts require both knowledge and a desire for the crime
to occur.
d. irrelevant because there is no mens rea element.
Stephan and Tito are playing basketball in the park with some friends. They are taking a
break when they begin discussing politics. Stephan is a democrat and Tito is a
Republican. They begin arguing loudly and pushing each other. A police officer cruising
by the park hears the commotion and stops to talk to the two men.
What type of activity is the officer engaging in when he stops to talk to the two men?
a. protecting public order.
b. enforcing gang laws.
c. enforcing drunk in public statutes.
d. protecting the neighborhood from drug sales.
Which test of attempt actus reus asks whether defendants have reached a point where
they”ve gotten control of everything they need to complete the crime?
a. the all but the last act test.
b. the dangerous proximity to success test.
c. the indispensable element test.
d. the unequivocality test.
The common law (and most laws today) recognized how many adequate provocations?
a. two.
b. three.
c. four.
d. five.
Explain the difference between diminished capacity and diminished responsibility.
Government classifications based on race are subject to _______________ scrutiny by
the courts.
Over time, how has the law of rape changed with regard to force and consent?
Crime that is inherently wrong or evil, like murder and rape, is called
mala _______________.
Culpability is also known as _____________.
Since 2005, more than forty states have passed or proposed new “Castle Doctrine”
legislation intended to expand the right to use deadly force in self-defense. Some argue
that these new laws are the expression of one’s “right to defend” while others argue that
they are a “license to kill.” Explain each argument and make your own argument for
one side or the other.
Compare and contrast common law burglary with typical current burglary statutes. Be
sure to provide examples.
Explain the defense of consent. In most states, the law recognizes only four situations
where consent justifies otherwise criminal conduct. What are those situations? What
does it mean to say that “the heart of the defense of consent is the high value placed on
individual autonomy in a free society?”
Discuss the differences between justification and excuse defenses. Be sure to give an
example of each.
The heart of ______________ is the agreement between two or more people to commit
a crime.
Explain the principle of proportionality. Describe how the principle relates to the death
penalty and imprisonment.
Criminal ____________ homicide statutes cover a wide field.
In what ways do traditional parent responsibility statutes differ from vicarious liability?
Why do we have vicarious liability statutes? Which do you think functions better:
parental responsibility statutes or vicarious liability? Provide an example to support
your argument.
The mens rea of ______________ crimes is always purpose the intent to commit a
specific crime.
Voluntary and ______________ abandonment of an attempt in progress is a defense to
attempt liability in about half the states.
Explain the choice-of-evils defense and present an example.
Discuss some of the new ways that computers and the internet have made it possible for
criminals to commit old crimes. Provide examples of how the law has changed to
accommodate these new forms of old crimes.
The “broken-windows” theory claims “quality of life” crimes are ____________to
serious crime.
Treason is a ____________ weapon against present allegiance and support to foreign
enemies.
Define, compare, and contrast attempt, solicitation, and conspiracy. Be sure to provide
an example of each.