The term “victimless crime” usually only applies to the conduct of
a. minors.
b. adults.
c. gang members.
d. minorities.
Vicarious liability for another’s crimes is
a. created by statute.
b. created by the courts.
c. found in the common law.
d. a form of accomplice liability.
The MPC (ALI 1985, 2:2, 3) tries to clear up many of the technical questions in
common law arson by providing that burning means
a. starting a fire.
b. at least slightly burning a structure.
c. burning or causing smoke damage to a structure.
d. intent to burn a structure.
Vicarious liability transfers the actus reus and the mens rea of one person to another
personor from one or more persons to an enterprisebecause of their
a. state of mind.
b. relationship.
c. guilt.
d. crime.
Which test of insanity from the Model Penal Code incorporates both the appreciation
and control components of other tests?
a. Durham
b. M”Naghten
c. substantial capacity
d. irresistible impulse
What is the level of scrutiny that most government classifications (excluding those
involving fundamental rights, race, ethnicity, religion, or gender) are subject to under
equal protection?
a. heightened scrutiny
b. strict scrutiny
c. the compelling government interest test
d. the rational basis test
To satisfy the threat-of-force requirement in a sexual assault trial, the prosecution must
show that the victim honestly feared imminent and serious harm and
a. there is corroboration of the assault.
b. the attacker brandished a weapon.
c. the victim resisted the threat.
d. the victim’s fear was reasonable under the circumstances.
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.
The act that addresses Josef’s crime was written after what event?
a. The Oklahoma City bombing.
b. The attack on Pearl Harbor.
c. 9/11.
d. Watergate.
What modern phrase comes from the ancient idea of manifest criminality?
a. a bird in the hand is worth two in the bush
b. between a rock and a hard place
c. stuck in a rut
d. caught red-handed
Which of the following is not one of the criteria required for criminal punishment?
a. The penalty inflicts pain or unpleasant consequences.
b. The penalty inflicts pain that is perceived by the public to be appropriate.
c. The penalty is administered intentionally.
d. The penalty inflicts enough pain so the offender experiences the full extent of
society’s disapproval.
Before there were criminal codes, social order depended on obedience to unwritten
rules based on
a. community customs and traditions.
b. community customs and polls.
c. traditions and polls.
d. the sheriff.
Since the mid-1980s, the two rationales that have dominated penal policy are
a. retribution and incapacitation.
b. deterrence and rehabilitation.
c. reformation and deterrence.
d. vengeance and rehabilitation.
The objective determination that the defendant’s act triggered a chain of events that
ended as the bad result is called the
a. cause in fact.
b. negligent cause.
c. negligent cause.
d. subsequent cause.
Which liability has to be created by statute?
a. accessory liability
b. vicarious liability
c. original liability
d. no liability
The American Association on Mental Retardation includes three elements in its
definition of mental retardation. Which one of the following is not one of those
elements?
a. the person has substantial intellectual impairment.
b. the impairment of the person impacts their everyday life of the mental retarded
individual.
c. retardation is present at birth or during childhood.
d. the person has an IQ below 80.
Which of the following is not an element of treason?
a. levying war against the United States.
b. intentionally giving aid and comfort for the very purpose of betraying the United
States.
c. giving aid and comfort to the enemies of the United States.
d. Advocating the violent overthrow of the government.
What doctrine is concerned with giving individuals fair notice of what is criminal and
preventing arbitrary or discriminatory enforcement of laws?
a. Proportionality
b. void-for-vagueness
c. Obscenity
d. equal protection
In which case did the California Supreme Court refused to push back the definition of
person to include fetuses before the birth process?
a. Keeler v. Superior Court (1970)
b. State v. Cotton (2000)
c. State v. Fiero (1979)
d. Byford v. State (2000)
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 might prevent the opponent from claiming consent as a
defense?
a. the consent was voluntary
b. the consent was knowing
c. the consent was authorized
d. the consent was coerced
The only crime defined in the U.S. Constitution is
a. espionage.
b. treason.
c. slavery.
d. sedition.
Which of the following is required to obtain a solicitation conviction?
a. the person solicited must accept the offer
b. the person soliciting must solicit specific individuals as opposed to a more general
audience
c. the solicitor and the person solicited must enter into a conspiracy
d. the person solicited must commit the crime
Which of the following is true about accomplice actus reus?
a. actions taken after crimes are committed aren”t themselves accomplice actus reus,
but juries can use participation after the crime to prove defendants participated before
or during the commission of the crime.
b. actions taken before crimes are committed aren”t themselves accomplice actus reus,
but juries can use participation after the crime to prove defendants participated before
or during the commission of the crime
c. actions taken after crimes are committed aren”t themselves accomplice actus reus,
juries cannot use participation after the crime to prove defendants participated before or
during the commission of the crime
d. actions taken before crimes are committed aren”t themselves accomplice actus reus,
juries cannot use participation after the crime to prove defendants participated before or
during the commission of the crime
Larceny was born as the common law tool to protect the Anglo-Saxons’ most valuable
possession, which was
a. land.
b. money.
c. children.
d. livestock.
The crime of espionage involves
a. sabotage.
b. obstructing the war effort.
c. aiding or giving comfort to enemies of the government.
d. spying.
Which of the following would be guilty of the crime of promoting or soliciting
prostitution?
a. pimp
b. libertine
c. nymphomaniac
d. Luddite
What type of liability establishes when a party can be criminally liable because of a
relationship?
a. complicity
b. vicarious
c. Assumed
d. Consent
The theory of punishment that includes the idea that it is right to hate criminals and they
deserve to be punished proportionate to the harm they have done is the theory of
a. incapacitation.
b. special deterrence.
c. retribution.
d. general deterrence.
Tiffany lives in the red-light district in Los Angeles. She is walking home one night
when a car pulls up and asks her if she would like to participate in a sexual act for
money. Tiffany says yes and states a price. A police officer pulls up and tells Tiffany she
is under arrest and tells the man in the car to go home.
Of the following, what is the ticket most likely written for?
a. loitering.
b. disorderly conduct.
c. vagrancy.
d. prostitution.
The actus reus of receiving stolen property is the act of receiving the
a. property.
b. money.
c. knowledge of the property.
d. summons.
Which of the following refers to what we do?
a. action
b. status
c. possession
d. duty
Regarding defense of home and property, most statutes do not include what area?
a. the backyard
b. the front yard
c. the garage
d. the curtilage
What is the name of the crime when an attacker compromises routing packets to direct a
file or transmission to a different location?
a. spoofing.
b. piggybacking.
c. data diddling.
d. salami attack.
Which of the following never justifies the use of force against another person?
a. retaliation
b. self-defense
c. defense of someone other than yourself
d. an imminent attack