The term actus reus refers to the act element of a crime.
Racial classifications by the government are subjected to the rational basis test under
the Equal Protection Clause.
In some jurisdictions, the crime of solicitation is limited to solicitation to commit
felonies.
Historically, self-defense meant protecting yourself and the members of your immediate
family.
The “New Castle Doctrine” laws are transforming the law of self-defense.
Crimes against persons boil down to four types.
Vicarious liability is based on relationships.
Receiving stolen property is a crime that applies only to those who sell stolen property
for profit.
Criminal negligence homicide statutes cover a wide field.
Liability for criminal attempt offenses is based on two rationales.
For the solicitor to be guilty of solicitation, the person solicited must commit the
solicited crime.
The issue in most vicarious liability cases is interpreting whether the statute actually
imposes vicarious liability.
Julius and Ethel Rosenberg were acquitted of passing American atomic secrets to the
Russians.
Vicarious liability can apply either to enterprises or to individuals.
To be constitutional, time, place and manner regulations must be based on the content
of the speech.
Mens rea translated means “evil state of mind.”
The requirement that attitudes have to turn into deeds is called manifest criminality.
Constitutional democracy is a pure democracy.
Prosecutors only have to prove causation by a preponderance of the evidence.
Manslaughter is an ancient common law crime created by legislators.
Causation applies only to “bad result” crimes.
Retribution is the heart of the defense of self-defense.
Under the Good Samaritan rule, strangers have a duty to aid other strangers in danger.
A general attempt statute is a single statute that applies to the attempt to commit all
crimes in the state’s criminal code.
Most criminal law is found in the federal penal code.
Criminal law is only one kind of social control.
Most affirmative defenses are perfect defenses
Ex post facto laws are forbidden by the Constitution.
Statutory rape is a strict liability crime in most states.
Most criminal homicide statutes apply to corporations.
The actus reus requirement reserves the harsh sanction of the criminal law for cases of
actual danger.
The ban on retroactive criminal lawmaking prevents officials from punishing conduct
they think is wrong but which no existing criminal law prohibits.
The American Prosecutors Research Institute Symposium experts saw one possible
positive effect of the castle lawsthat they”ll deter crime.
Degrees of murder developed through history.
Modern court opinions have relaxed the strict definitions of rape.
The trend in the law is to abolish the unlawful act manslaughter rule.
The general principle of actus reus includes a voluntary act.
To be a valid defense, the abandonment of an attempt must be involuntary.
The right-wrong test focuses on defect in reason or cognition.
The crime of rape was once punishable by death.
Which of the following cases adopted and applied the general intent plus definition?
a. Harris v. State (1999)
b. State v. Stark (1992)
c. Haupt v. U.S. (1947)
d. State v. Jantzi (1982)
With regard to cooling off for voluntary manslaughter, assuming the defendant did not,
in fact, cool off, most courts would then apply what test?
a. objective test of cooling-off time
b. overt test of cooling-off time
c. lenient test of cooling-off time
d. subjective test of cooling-off time
The debate between Mill and Stephen concerns the relationship between
a. society and government.
b. morality and law.
c. the haves and have-nots.
d. civil and criminal law.
What level of scrutiny are gender classifications subject to under equal protection?
a. strict
b. heightened
c. rational basis
d. compelling interest
What are disorderly conduct crimes meant to control?
a. sexual intercourse
b. serious crime
c. sex crime
d. bad manners
The case of Cramer v. U.S. involved the crime of
a. sedition.
b. sabotage.
c. espionage.
d. treason.
What is the name of “an appellate court’s standard for reviewing a decision that is
asserted to be grossly unsound, unreasonable, illegal, or unsupported by the evidence?”
a. abuse-of-discretion standard.
b. clear and present danger standard.
c. Apprendi standard.
d. void-for-vagueness standard.
The USA Patriot Act (2001) is an acronym for
a. Uniting and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism.
b. Uniting and Strengthening America by Providing Aggressive Tools Required to
Intercept and Obstruct Terrorism.
c. Uniting and Strengthening America by Providing Appropriate Tools Required to
Interdict and Obstruct Terrorism.
d. Uniting and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obfuscate Terrorism.
When an appellate court overturns the decision of a trial court and sends the case back
for further proceedings in accord with its decision, the appeals court has
a. reversed the trial court’s decision.
b. affirmed the trial court decision.
c. reversed and remanded the trial court decision.
d. declined the trial court decision.
“Requires only the amount of physical effort necessary to accomplish penetration” is
which definition of force for rape mens rea?
a. extrinsic force.
b. intrinsic force.
c. utmost force.
d. manifest force.
Because begging is protected speech, attempts to regulate it must meet the requirements
of which Amendment to the U.S. Constitution?
a. First
b. Fourth
c. Fifth
d. Sixth
Words can qualify as accomplice actus reus, if they
a. encourage the commission of the crime
b. approve the commission of the crime
c. encourage and approve the commission of the crime
d. encourage, approve, and condone the commission of the crime
“Significant punishment in the sentencing phase of a criminal trial shows the victim that
the punishment equals the crime. This thought process is discussed in which court case?
a. Commonwealth v. Rhodes 1996
b. Chaney v. State (1970)
c. Keeler v. Superior Court (1970)
d. U.S. v. Hudson and Goodwin (1812)
Which rationale looks at how close defendants came to completing their crimes?
a. the dangerous act rationale
b. the dangerous person rationale
c. the dangerous precedent rationale
d. the dangerous peer rationale
In the mental state of “knowing,” the watchword is
a. awareness
b. consciousness
c. knowledge
d. voluntariness
Steve fired a gun into a Mexican family’s home in his neighborhood. Steve was later
arrested and admitted to the shooting. Following his conviction, the judge sentenced
him to 10 years in prison based on facts not determined to be true beyond a reasonable
doubt. The sentence exceeded the statutory maximum by two years.
The sentence imposed on Steve violates
a. the Apprendi rule.
b. the Eighth Amendment.
c. the Fourth Amendment.
d. the ban on ex-post facto laws.
A fraternity holds a party during rush week at a local college. A number of the guests
are not of legal age to drink alcohol so the fraternity does not provide alcohol at the
party. Several members of the fraternity go to the bank before the party and withdraw
large quantities of one dollar bills to provide change for a vending machine that
contains beer in a separate apartment at the back of the fraternity house. The fraternity
is charged with recklessly selling alcohol to minors.
Which of the following cases addresses this issue?
a. State v. Zeta Chi Fraternity
b. State v. Alpha Omega Fraternity
c. State v. Beta Chi Fraternity
d. none, there is no precedent for this case.
Definitions of crimes are divided into four groups. Which of the following is not one of
those groups?
a. crimes against persons.
b. crimes against public.
c. crimes against property.
d. crimes against public order and morals.
Failure to act is a crime only when
a. there is a legal duty to act
b. there are no police to do anything
c. a law is specifically written to address the act
d. the failure to act is reported
Nonconsensual sex between individuals who are known to one another is called
a. unarmed acquaintance rape.
b. aggravated acquaintance rape.
c. aggravated rape.
d. statutory rape.
What statutes eliminate needlessly separating theft into distinct offenses
according to their actus reus?
a. consolidated theft statutes.
b. mitigated theft statutes.
c. interpretated theft statutes.
d. instigated theft statutes.
What term is Latin for guilty mind?
a. actus reus
b. mens rea
c. corpus delicti
d. actus non facit
A trial without a jury is called:
a. a bench trial
b. a jury trial
c. a verdict trial
d. an unconstitutional trial
Knowingly creating a substantial and unjustifiable risk is the definition of
a. negligence.
b. gross negligence.
c. recklessness.
d. criminal negligence.
The legal rule the court has decided to apply to the facts of the cases is called the
a. issue.
b. holding.
c. result.
d. reasoning.
Criminal law is only one kind of
a. social norm.
b. social control.
c. social event.
d. informal control.
Stephanie decided that she is done with her marriage and wants out. She does not want
a divorce, as her husband is very wealthy and she will not receive a great deal of money
if she divorces him. Stephanie decided to murder her husband so that she can keep his
money. Stephanie stabs her husband in the chest in the middle of the night not realizing
that he died of a heart attack two hours earlier.
In most jurisdictions Stephanie would
a. have the defense of legal impossibility.
b. have the defense of factual impossibility.
c. have no defense, legal impossibility is not a defense to criminal attempt.
d. have no defense, factual impossibility is not a defense to criminal attempt.
What crime is it when a person uses the internet, email, or other electronic
communication devices to stalk another person?
a. misdemeanor stalking
b. attempted assault
c. cyberstalking
d. cyber-assault
The crime of loitering refers to
a. being without any visible means of support or employment.
b. being homeless.
c. remaining in one place with no apparent purpose.
d. harassing others who pass by.
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.
Which of the following is a requirement for any of the men to be convicted of receiving
stolen property?
a. knowledge that the speakers were stolen.
b. belief that the speakers were stolen.
c. reckless about whether the receivers were stolen.
d. negligent about whether the receivers were stolen.
Participants who are involved after the commission of a crime are guilty of a
a. more serious offense.
b. less serious offense.
c. separate offense.
d. separate, less serious offense.
Mala prohibita crimes include all of the following except
a. parking tickets.
b. drinking in public.
c. rape.
d. loitering.
Which of the following rights is guaranteed by the Fourth Amendment?
a. the right to freedom from unreasonable search and seizure
b. the right to bear arms
c. the right to freedom from cruel and unusual punishment
d. the right to free speech
What kind of crime is kidnapping?
a. strict liability
b. vicarious liability
c. specific intent
d. inchoate
_____________ intent is used most commonly in the cases to mean the intent to
commit the criminal act as defined in a statute.
Define, compare, and contrast the various approaches to the actus reus of attempt.
Provide an example of each. Which do you think is the best? Be sure to explain your
position.
What two concerns are raised by laws that are vague? Provide an example of each
concern. Why is some vagueness inevitable in any law?
What is the principle of manifest criminality? Provide an example. Explain why you
agree or disagree with this principle.
Explain attempt mens rea and attempt actus reus. What are the different tests available
for attempt actus reus? Explain the difference between these tests.
Explain the mens rea and actus reus of criminal negligence manslaughter. What are the
most common criminal negligence homicide statutes? Provide examples of some less
common criminal negligence homicide statutes.
Describe the civil methods some cities have used to address gangs. What does the
evidence say about such methods?
Kidnapping and false imprisonment violate the right of ____________.
Explain the difference between extrinsic and intrinsic force in regards to rape actus
reus. Discuss the importance of the facts in each case in applying the extrinsic and
intrinsic force requirements to acquaintance rape.
Compare and contrast accomplices and accessories. Why are accessories punished less
severely than accomplices? Do you agree with this practice? Why or why not?
What are affirmative defenses? How do the burdens of production and persuasion relate
to affirmative defenses?
A number of sections of the U.S. Code are available for prosecuting crimes related to
terrorists and terrorist ____________.
Discuss, define, compare, and contrast sabotage and espionage.
In a _________democracy, the majority can”t make a crime out of conduct protected by
the fundamental rights in the U.S. Constitution.
In the _____________ defenses, defendants admit they were responsible for their acts
but claim what they did was right.
The ____________ element requires that the mental element trigger the act.
______________ offenses require some action but not enough to complete the crime
intended.
The USA ____________ Act was passed in response to the terrorist attacks of
September 11, 2001.
Vague laws violate the due process protections of the Fifth and Fourteen Amendments
to the U.S. Constitution. Explain how these laws violate due process protections.