Julie goes to see a doctor because she is experiencing pain in her uterus. After
examining her, the doctor tells her that she has advanced uterine cancer. The traditional
treatment is painful and expensive, the doctor tells her, but there is a new, experimental
treatment that has been shown to be very effective. He tells her he has been injected
with a serum that will cure her cancer but she must have sex with him to be cured. Julie
has sex with the doctor.
In the case of Julie and the doctor, which of the following is not true?
a. the doctor did not commit a crime.
b. the doctor committed a fraud.
c. the doctor did not rape Julie.
d. Julie consented to intercourse with the doctor.
A defense in which the defendant admits the act but claims that, under the
circumstances, they aren”t legally responsible is called
a. justification.
b. excuse.
c. claim of right.
d. mitigating condition.
The crime of stalking
a. was recognized by the common law.
b. has been enacted in only a few states.
c. was first enacted in California in 1990.
d. only protects famous people who are staked by their fans or enemies.
If an appellate court affirms the decision of the court immediately below, this means
that the lower court’s decision is
a. upheld.
b. overturned.
c. questioned.
d. not considered.
The diminished capacity defense is available
a. in all states.
b. in most states, only when the insanity defense is raised.
c. only in few states.
d. in most states, but for felonies only.
Which of the following is not one of the most common of criminal possession crimes?
a. possession of weapons
b. possession of illegal drugs
c. possession of drug paraphernalia
d. possession of child pornography
John is a construction worker. He is walking down the street when he notices two
children playing in the street. John continues on his way. Shortly after he passes, one of
the children is hit by a car and killed.
John is not guilty of a criminal omission based on
a. the Apprendi doctrine.
b. the Good Samaritan doctrine.
c. the American bystander rule.
d. the ban on forced intervention laws.
Defendants who plead an excuse defense admit what they did was wrong but argue that,
under the circumstances,
a. they were not responsible for their actions.
b. they were not capable for their actions.
c. they were not reliable for their actions.
d. they were not constrained for their actions.
Which of the following is the highest standard of proof known to the law?
a. absolute certainty
b. preponderance of the evidence
c. probable cause
d. beyond a reasonable doubt
Savannah and her girlfriend Vanessa have been drinking at her apartment most of the
afternoon. They are arguing when Savannah goes into her bedroom and gets her gun.
She shoots at Vanessa but misses. Vanessa leaves the apartment and gets a gun from her
car. She returns to the apartment. Savannah yells stop and runs towards the bathroom.
Vanessa shoots at her but also misses. Savannah turns and shoots Vanessa.
What exception allows Savannah to claim self-defense in this situation?
a. the withdrawal exception.
b. the retreat exception.
c. the stand-your-ground exception.
d. the castle exception.
The shift from the philosophy of rehabilitation to retribution has led to
a. more juveniles at younger ages being tried as adults.
b. fewer juveniles at younger ages being tried as adults.
c. no change in the number of juveniles being tried as adults.
d. none of these answers is correct.
Facts and circumstances that indicate an unspoken understanding between conspirators
to commit a crime
a. are not sufficient to prove a conspiracy existed.
b. must be corroborated by some type of written document that indicates there was an
agreement.
c. are often sufficient to prove a conspiracy existed.
d. must be corroborated by the testimony of one of the conspirators.
To provide a valid consent defense, the consent of the victim must be
a. objectively reasonable and imminent.
b. knowing and voluntary.
c. in writing and authorized.
d. given after the crime occurs.
Which test focuses on defect in reason or cognition?
a. volitional incapacity
b. substantial incapacity
c. product-of-mental-illness
d. right-wrong
What are offenses of general applicability?
a. misdemeanor and felony crimes
b. felony and complicity crimes
c. complicity and attempt crimes
d. property and attempt crimes
What kind of strike does the law not allow to form the basis of self-defense claims?
a. Deadly
b. less than deadly
c. Conventional
d. Preemptive
Criminal liability without subjective or objective fault is also called
a. strict liability.
b. harm causation.
c. offending behavior.
d. wanton liability.
An offense which is punishable by one year or more in a state prison is called a
a. common-law crime.
b. code offense.
c. misdemeanor.
d. felony.
Asportation is one of the elements of kidnapping. Asportation means
a. confining.
b. suffocating.
c. restraining.
d. carrying away.
The idea that it’s fair and just to punish only people we can blame is
a. culpability
b. specific intent
c. liability
d. bad intent
Interactive Digital Software Association sued St. Louis County alleging that an
ordinance in the County violated their First Amendment right to “free expression.” The
ordinance restricted what?
a. access to video games
b. panhandling
c. aggressive begging
d. loitering
Julius and Ethel Rosenberg were executed in
a. 1951.
b. 1961.
c. 1941.
d. 1971.
If two or more persons agree to overthrow, put down, or destroy by force the
government of the United States, they are guilty of
a. seditious libel.
b. seditious speech.
c. seditious conspiracy.
d. treason.
Li plays on a local soccer team. In a match against another team Li is hit by an
opponent during normal play and his leg is broken. Li calls the police department from
the hospital emergency room and requests that the player who hit him be charged with
assault.
If charged with assault, what defense would the opponent most likely use at trial?
a. consent
b. excuse
c. justification
d. mental illness
Which test asks whether defendants have reached a point where they”ve gotten control
of everything they need to complete the crime?
a. the indispensable element test
b. dangerous proximity to success test
c. the unequivocality test
d. the probable desistance test
Current disorderly conduct statutes grew out of the common law crime of
a. breaking the peace.
b. breach of the peace.
c. public misconduct.
d. public disorder.
In City of Chicago v. Morales, the U.S. Supreme Court held that the city’s anti-gang
ordinance was unconstitutional because it
a. violated equal protection.
b. discriminated against blacks.
c. unreasonably interfered with First Amendment rights.
d. was void for vagueness.
Proof of treason requires either two witnesses to the actus reus or
a. confession in open court.
b. one witness of impeccable character.
c. sworn testimony of three citizens.
d. signed confession.
What was the Court’s rationale for extending vicarious liability by the doctrine of
respondeat superior?
a. “the tides of the times”
b. “the trends of the times”
c. “the changing of the times”
d. “the history of the times”
What motivates cybercriminals?
a. revenge.
b. hate.
c. ideology.
d. all of these answers motivate cybercriminals.
What is the only crime defined in the U.S. Constitution?
a. murder
b. rape
c. treason
d. forgery
The authors of the U.S. Constitution were suspicious of
a. the rights of individuals.
b. the rights of large groups of voters.
c. the power of influential leaders.
d. power in the hands of government officials.
Describe the two types of large scale conspiracies. How are they similar? How are they
different?
Explain the federal mail fraud statute. Describe how the statute has added to civil
actions. Should persons who are not convicted of federal mail fraud have to forfeit their
property?
Explain what it means to provide material support to terrorists according to the USA
PATRIOT Act.
______________ is the crime of trying to get someone else to commit a crime.
Define, compare, and contrast voluntary and involuntary manslaughter.
Most justifications and excuses are _____________ defenses.
Explain how degrees of murder developed through history.