The different “taking” property crimes are larceny, criminal mischief, false pretenses
and robbery.
Strict liability exists when there is a crime with subjective fault.
Criminal liability is conduct that unjustifiably and inexcusably inflicts or threatens
substantial harm to individual or public interests.
Most state constitutions include a ban on retroactive statutes.
The authors of the U.S. Constitution worried that peaceful opposition to the
government, not just rebellion, would be repressed.
The Founding Fathers made it difficult to convict someone of treason.
All states have established juvenile justice systems to handle juvenile delinquency.
One of the weaknesses of self-regulation is lack of enthusiasm for regulation by the
regulated group.
The U.S. Supreme Court has ruled that “ordered liberty” is a fundamental requirement
of the Constitution.
Most states have abolished common-law crimes.
Criminal homicide is different from all other crimes because of the finality of its result:
the death of the victim.
Vicarious liability has to be created by statute.
The one element not present in voluntary manslaughter that is present in murder is
adequate provocation.
Criminal acts are voluntary bodily movements.
Crimes and torts are essentially the same, but with different names.
Negligence involves conscious risk creation.
Legally impossible attempts and abandoned attempts are both excuse defenses.
The common law crime of larceny protects victims who voluntarily hand over their
property to a caretaker who later decides to convert the property to his or her own use.
The mens rea of solicitation requires words that actually try to get someone to commit a
crime.
All felony murders are intentional homicides.
Intervening causes can be proximate causes.
In the past, states had traditional laws prohibiting loitering and vagrancy.
Disorderly conduct crimes are offenses against public order and morals.
Modern conspiracy statutes have clarified the mens rea element of the crime.
Most people are more worried about bad public manners than they are about serious
crimes.
The Model Penal Code choice-of-evils provision contains five elements.
Embezzlement was not a crime at common law.
Affirmative defenses take place before the prosecution has proved defendant’s criminal
conduct.
Distrust of treason prosecutions ended with the adoption of the Constitution.
Trespass used to be limited to unauthorized invasions of physical property.
The U.S. Supreme Court has ruled that vague laws do not violate the guarantees of the
U.S. Constitution.
Early court decisions ruled that knowingly helping someone was enough to prove the
mental element required for accomplice liability.
Vague laws violate the Fifth and Fourteenth Amendments to the constitution.
Some have argued that the “liberty interest,” guaranteed in due process clauses of what
amendments to the Constitution, includes the right to die and to seek assistance in
exercising the right?
a. the Fifth and Fourteenth Amendments.
b. the Fourth and Fourteenth Amendments
c. the Fourth and Fifth Amendments.
d. the Fifth and Eighth Amendments.
Which of the following is protected by the First Amendment?
a. obscenity
b. flag burning as a political protest
c. fighting words
d. expression that creates a clear and present danger to compelling government interests
Tony is playing basketball with some friends. A stranger walks onto the basketball court
and pulls out a gun. The stranger tells Tony to take all of his friend’s money and give it
to him or he will shoot him. Tony takes the wallets from his friend’s and gives the
stranger their money.
If Tony is charged with a crime what element of his defense might be at issue?
a. nature of the threat.
b. immediacy of the threat.
c. level of belief regarding the threat.
d. all of these elements might be at issue
Which of the following is not one of the elements of self-defense?
a. necessity.
b. attack.
c. proportionality.
d. reasonable belief.
Which of the following cases involves the mental state “knowingly?”
a. Harris v. State (1999)
b. State v. Stark (1992)
c. Haupt v. U.S. (1947)
d. State v. Jantzi (1982)
Factual cause is also known as which of the following?
a. “but for” cause
b. legal cause
c. proximate cause
d. intervening cause
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.
Based on the information provided, what crime could the officer charge Stephan and
Tito with?
a. disorderly conduct.
b. loitering.
c. vagrancy.
d. public intoxication.
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
part of Ling’s crime in which he cuts the brake line is called
a. actus reus
b. mens rea
c. concurrence
d. attendant circumstances
According to the Uniform Brain Death Act, a person is considered dead when
a. his or her heart stops.
b. he or she is in a deep coma, with only sustained breathing and heartbeat.
c. he or she has suffered irreversible cessation of all brain functions, including those of
the brain stem.
d. his or her breathing has ceased.
George spent most of the afternoon playing cards with Chuck. A man carrying cash
walked by and Chuck pulled a knife and robbed the man with the cash. Both George
and Chuck fled the scene. George was caught; Chuck never was.
This case is impacted by what rule?
a. the Pinkerton rule
b. the Peoni rule
c. the Brady rule
d. the mere presence rule
The federal mail fraud statute defines false pretenses
a. much more broadly than common law fraud.
b. much less broadly than common law fraud.
c. the same as common law fraud.
d. slightly different than common law fraud.
According to Griswold v. Connecticut (1965), which of the following describes the
constitutional right to privacy?
a. a part of the liberty protected by due process
b. a fundamental right
c. required by equal protection
d. protected by the Eight and Fourteenth Amendments
Larissa is a student at a local college majoring in computer information technology. In
order to pay her college tuition Larissa infects as many computers on the Internet as she
could with off-the-shelf remote access Trojans (RATs). Larissa also uses her RATs to
send malicious software causing damage to computers used by the federal government
in national defense. Larissa is caught and prosecuted for her crimes.
What act did Larissa violate in sending malicious software to computers used in
national defense?
a. the CAN-SPAM Act.
b. the FAN-SPAM Act.
c. the TAN-SPAM Act.
d. the PAN-SPAM Act.
In the Smith Act of 1940, Congress made it a crime to
a. give aid or comfort to our enemies.
b. socialize with others who committed the crime of sedition.
c. provide secret information to the enemy.
d. be a member of a group that advocated the violent overthrow of the government.
The broken windows theory was originated by
a. Wilson and Kelling.
b. Skogan.
c. Rogers and Hammerstein.
d. Johnson and Keslo.
George spent most of the afternoon playing cards with Chuck. A man carrying cash
walked by and Chuck pulled a knife and robbed the man with the cash. Both George
and Chuck fled the scene. George was caught; Chuck never was.
George is unlikely to be charged with a crime because flight from the scene of a crime
is not enough to prove
a. accomplice actus reus.
b. accomplice mens rea.
c. accessory mens rea.
d. accessory mens rea.
Principles that apply to more than one crime are included in which part of the criminal
law?
a. the general part.
b. the special part.
c. the general part and the special part.
d. none of these answers is correct.
Which of the following cases involved Enron and an accounting firm that was
convicted of obstructing the Securities and Exchange Commission?
a. U.S. v. Arthur Andersen, LLP (2004)
b. Railroad Company v. United States (1909)
c. State v. Zeta Chi Fraternity 1997
d. Dunn v. Commonwealth (1997)
Which of the following is a voluntary act?
a. being addicted to the use of narcotics
b. knowing possession
c. attacking someone while sleepwalking
d. assaulting someone while suffering from automatism
Administrative crimes
a. do not exist because agencies do not have the power to enact rules.
b. can only be enacted by federal agencies.
c. are no longer a significant source of criminal law.
d. are a rapidly growing source of law.
What is another name for the product test?
a. the Durham rule
b. irresistible impulse
c. substantial capacity
d. the M”Naghten rule
The test for negligence is
a. totally objective.
b. totally subjective.
c. totally conscious.
d. totally negligent.
Which test examines whether an ordinary person who saw the defendant’s acts without
knowing her intent would believe she was determined to commit the intended crime?
a. the indispensable element test
b. dangerous proximity to success test
c. the unequivocality test
d. the probable desistance test
Domestic violence crimes since the early 1970s have been transformed from a private
concern to a
a. criminal justice problem.
b. mental health problem.
c. social services problem.
d. legislative problem.
Steve is eight years old and was walking home from school when a twelve year old
neighbor boy (Joey) tells him he has candy at his house and to come over and eat some
with him. Steve goes to Joey’s house where he eats candy with Joey. After they are done
eating Joey takes out a knife and stabs Steve eight times in the chest killing him.
Criteria for making the waiver decision for Joey approved by the U.S. Supreme Court
would include
a. the seriousness of the offense.
b. whether the offense was against a person.
c. the amount of evidence against Joey.
d. the seriousness of the offense, whether the offense was against a person, and the
amount of evidence against Joey
Which of the following is notan example of a “victimless crime”?
a. loitering
b. substance abuse
c. embezzlement
d. assisted suicide
Shania was born and raised in Pigeon Forge, Tennessee. After growing up she travelled
the world for a couple of years before returning home to live. During her time abroad
Shania became disgruntled with the politics of the United States. She converted to
Islam, joined a designated foreign terrorist organization based in Iraq and, upon return
to her home, she began sending money to that organization and plotting violent ways to
overthrow the United States government.
What percent of terrorists born in the United States, like Shania, converted to Islam?
a. less than 50%
b. more than 50%
c. more than 75%
d. more than 90%
A conspiracy where one or more defendants participate in every transaction is known as
a. a chain conspiracy.
b. a wheel conspiracy.
c. a large-scale conspiracy.
d. a small-scale conspiracy.
Which of the following is not an issue addressed by the “Matrix Program?”
a. vandalism
b. graffiti
c. littering
d. rape
In the Model Penal Code, the most blameworthy state of mind is
a. recklessly.
b. purposely.
c. negligently.
d. knowingly.
At common law, kidnapping consisted of how many elements?
a. three
b. four
c. five
d. six
Which of the following is not an excuse for committing a crime?
a. voluntary intoxication
b. involuntary intoxication
c. insanity
d. duress
At the heart of the choice-of-evils defense is the necessity to prevent
a. imminent danger.
b. crime.
c. rape.
d. murder.
Prostitution involves at least ____________ people.
How has the concern by the drafters of the Constitution affected the laws regarding
treason in the United States?
What are the four different mental states included in the Model Penal Code? How do
they differ regarding culpability? Provide an example of a crime for each of the four
different mental states.
To understand the different sort of parties to crime you need to appreciate the difference
between ___________ and vicarious liability.
The Supreme Court has relied on doctrine of respondeat superior (“let the master
answer”), borrowed from tort (noncriminal wrongs) law in addressing issues of
vicarious liability in the corporate world. Explain the meaning of respondeat superior.
Why is this concept important to vicarious liability in the corporate world?
Participants after the commission of crimes are guilty of a ___________ , less serious
offense.
A number of myths exist regarding the insanity defense. Discuss some of these myths
and provide your own explanation as to why these myths exist.
Discuss and define the crimes of arson and criminal mischief.
Discuss, compare, and contrast kidnapping and false imprisonment.
Identify the circumstances in which possession can be treated as an act. Explain why
possession is treated as an act in these circumstances and not in others.
Cruel and________ punishment is prohibited by the Eighth Amendment.
What is informal discretionary decision making? In what ways does informal
discretionary decision making affect the criminal justice process?
Discuss the mens rea and actus reus of accomplice liability. Discuss some of the
differences that might be found between jurisdictions.
The form of theft involving deceit is called false ____________.
Legal cause consists of the _____________ judgment that it’s fair and just to blame the
defendant for the bad result.
It would be inappropriate to refer to “criminal law,” as if it were a singular entity. Why
is this? Discuss all that “criminal law” really includes in the U.S.
Accessory to a crime (after-the-fact assistance) is a separate offense, usually a
misdemeanor. Explain why this is the case and provide an example supporting your
reasoning.
What is the only crime defined in the U.S. Constitution? What is the definition of that
crime, and what else does the Constitution say about it?
Describe the difference between motive and intent. Provide an example. Describe
situations where motive is relevant in criminal cases and where it is not.
____________ generally do not affect network performance, as their malicious
activities are mostly confined within the target computer itself.