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 crime did Larissa commit?
a. computer fraud.
b. intellectual property theft.
c. phishing.
d. bank robbery.
Stock options are an example of what kind of property?
The subjective entrapment test is available for a defendant who can show the
government
a. provided an opportunity for a mentally retarded individual to commit a crime.
b. caused a predisposed person to commit a crime.
c. caused an otherwise reasonable and law-abiding person to commit a crime.
d. provided an opportunity for a person predisposed to commit a crime.
To be a defense to attempt, the abandonment of the attempt must be
a. foreseeable.
b. voluntary.
c. caused by an extraneous factor.
d. caused by victim intervention.
Panhandling statutes do not apply to
a. individuals who are begging for money on the street.
b. individuals who are only begging for food on the street.
c. individuals on the street who advertise that they will to work for food.
d. organized charities that solicit donations on the street.
What is the only direct evidence of a defendant’s mens rea?
a. a confession
b. a motive
c. a signed statement
d. a polygraph examination
Crimes against public order and morals include all of the following crimes except:
a. stealing.
b. illegal immigration.
c. gang crimes.
d. prostitution.
Terrance robs a convenience store with a gun. While exiting the convenience store a
customer grabs him from behind and attempts to take the gun from him. The gun fires
and kills the customer behind Terrance.
Terrance has committed what crime?
a. felony murder.
b. euthanasia.
c. feticide.
d. manslaughter.
Which test focuses on reason and self-control?
a. volitional incapacity
b. substantial capacity
c. product-of-mental-illness
d. right-wrong
Modern accessory-after-the-fact statutes typically have how many mens rea elements?
a. two
b. three
c. four
d. Five
Josef lives in Canada. He is a member of a terrorist organization and is plotting to blow
up an American Embassy. He builds a car bomb and drives the car to an American
Embassy in Canada where he parks the car out front. The car blows up and causes
serious damage to the U.S. Embassy.
What crime did Josef commit?
a. international terrorism.
b. domestic terrorism.
c. independent terrorism.
d. dependent terrorism.
In states that recognize the defense of “reasonable mistake of age” in statutory rape
prosecutions, what is the mens rea with regard to the circumstance of age?
a. intent
b. purpose
c. knowing
d. negligence
Most states have made an attempt to better organize the law of theft by enacting what
statutes?
a. omnibus larceny
b. comprehensive theft
c. complete theft
d. consolidated theft
When you”re attacked in your home, you can stand your ground and use deadly force to
fend off an unprovoked attack, but only if you reasonably believe the attack threatens
death or serious bodily injury. This is known as the
a. retreat exception
b. home exception
c. ground exception
d. castle exception
Broken windows theory is concerned with which of the following?
a. a direct link between disorder and crime
b. a direct link between prostitution and crime
c. a direct link between drug-dealing and crime
d. a direct link between pandering and crime
What theory suggests that public order crime is serious because it eventually causes
more serious crimes?
a. abandoned neighborhoods
b. un-mended fences
c. anomic communities
d. broken windows
Which of the following acts definitely qualify as accomplice actus reus?
a. providing guns, supplies, or other instruments of crime.
b. serving as a lookout.
c. driving a getaway car.
d. all of these acts definitely qualify as accomplice actus reus.
What type of possession is required by most states before an act can be criminalized?
a. knowing
b. mere
c. constructive
d. perfunctory
Tammy is an unemployed probationer. Her probation officer has noted several times
that she has been seen in the company of three girlfriends at a local park. She has a long
record of convictions for various misdemeanor and felony crimes. Tammy is sentenced
to 3 years in prison based on the following statute: “Any person not engaged in any
lawful occupation, known to be a member of any gang consisting of two or more
persons, who has been convicted at least three times of being a disorderly person, or
who has been convicted of any crime, in this or in any other State, is declared to be a
gangster.”
One of the issues with Tammy’s conviction involves
a. fair warning
b. cruel punishment
c. unusual punishment
d. right privacy
A person can use deadly force against an attacker whom the victim reasonably believes
is going to cause them an injury less than death. The attacker is said to be threatening
a. broken bones.
b. serious bodily injury.
c. permanent bodily injury.
d. harmful bodily injury.
At common law, children above what age were presumed to be capable of criminal
intent just like adults?
a. 10
b. 12
c. 14
d. 16
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.
This scenario is an example of a:
a. factual impossibility.
b. legal impossibility.
c. both legal and factual impossibility.
d. none of these answers is correct.
Which test focuses on defect in self-control or will?
a. volitional incapacity
b. substantial incapacity
c. product-of-mental-illness
d. right-wrong
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.
What is the most likely outcome of the case?
a. guilty.
b. not guilty.
c. unknown, there is no precedent for this case.
d. guilty of a different crime.
An important public policy justification for the crime of conspiracy is
a. the special need to deal with drug offenses.
b. the special danger of group criminality.
c. the secrecy of conspiracies makes them more difficult for the police to investigate.
d. because conspiracies go far beyond preparing for the commission of the crime.
Legal duties can arise from
a. statutes, contracts, and omissions.
b. statutes, contracts, and special relationships.
c. moral obligations that are generally recognized.
d. laws that require certain events to be reported.
Tory was fifteen years old when he intentionally pushed another high school student in
front of a car, killing him. Tory stated in court that he wanted to kill someone and
picked his victim at random. Tory has an extensive record of antisocial behavior and
was sentenced to life-without possibility of parole. Tory appealed the sentence but the
appeal was unsuccessful.
In his appeal, Tory likely argued that his sentence was
a. retroactive
b. ex post facto
c. disproportionate
d. void-for-vagueness
Which of the following is not a type of culpability in the Model Penal Code?
a. purpose
b. knowledge
c. negligence
d. willfulness
A battery is
a. unwanted and unjustified offensive touching.
b. unwanted and unjustified offensive assault.
c. assault.
d. aggravated assault.
Where is most criminal law found?
a. state criminal codes
b. federal criminal codes
c. city criminal codes
d. county criminal codes
Most defenses are perfect defenses; if they”re successful, defendants are
a. committed.
b. convicted.
c. acquitted.
d. sentenced.
Criminal conduct that qualifies for criminal punishment is the definition of
a. result liability.
b. civil liability.
c. criminal liability.
d. conduct liability.
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 kind of defense to criminal liability would Savannah most likely use?
a. self-defense.
b. excuse.
c. incompetence.
d. consent.
At the heart of the defense of consent is the high value placed on the right to
a. bear arms.
b. a jury trial.
c. free speech.
d. individual autonomy.