Forfeited personal identity theory assumes that we”re autonomous agents with the
freedom to choose our actions.
In some cases, rape can be accomplished without any extrinsic force.
Defendants are criminally liable if they were not responsible for their actions
The special part of criminal law consists of principles that apply to more than one
crime.
In some jurisdictions, the entering element of burglary has been supplemented by a
surreptitious remaining element.
In all jurisdictions, a person must retreat from their home if they can safely do so before
using deadly force.
Espionage means spying.
Negligence is a totally objective standard.
Preparing to carry out your intention to commit a crime doesn”t qualify as attempt
actus reus.
In Robinson v. California, the Supreme Court stated that it would be cruel and unusual
punishment to punish someone for a disease or illness.
Constructive possession means the person has the item on them.
In Coker v. Georgia (1977), the Supreme Court allowed the death sentence for the
crime of rape of an adult.
“Express” malice aforethought was reserved for killings that fit the original meaning of
murderintentional killings planned in advance.
Failure to file income taxes is an example of a failure to intervene crime.
Common law false pretenses mens rea requires the purpose or specific intent to obtain
property by deceit and lies.
The Eighth Amendment requires that punishments be proportional to the crime.
In strict liability crimes, accidental injury can be criminal.
“Quality of life” crimes refer to the laws that are meant to control “bad manners” in
public places.
The heart of voluntary manslaughter is an unintentional, sudden killing triggered by an
adequate provocation.
After the adoption of the Model Penal Code in 1962, more than forty states changed
their criminal codes.
The Supreme Court has ruled that the death sentence is unconstitutional for the crime of
the rape of a child.
The substantial capacity test is supposed to remove the objections to the right-wrong
test.
The right to privacy is specifically mentioned by name in the U.S. Constitution.
The retreat rule is the minority rule.
City, town, and village governments do not enjoy broad powers to create criminal laws.
The meaning of “person” is unimportant to homicide law.
Degrees of murder have remained unchanged through history.
The predominant number of terrorism cases are “material support” offenses.
Cybercrimes are really new ways to commit the three ancient kinds of property crimes:
taking, damaging or destroying, and invading.
Rape law reform began seriously in the 1970s.
“Providing material support or resources” is closed to constitutional challenges.
What theory of accomplice liability assumes that we”re autonomous agents with the
freedom to choose our actions?
a. agency theory
b. forfeited personal identity theory
c. malicious teamwork theory
d. benign offender theory
Most statutes adopt what MPC rule?
a. one-voluntary-act-is-enough rule
b. no-voluntary-act-is-enough rule
c. any-voluntary-act-is-enough rule
d. most-voluntary-act-is-enough rule
In the plurality opinion in Powell v. Texas (1967), the conviction for public drunkenness
was
a. affirmed because Powell was not punished for being an alcoholic but for the act of
being drunk in a public place.
b. affirmed because Powell was being punished for being afflicted with alcoholism.
c. reversed because Powell was being punished for being a chronic alcoholic.
d. reversed because Powell committed no actus reus.
The requirement that mental attitudes have to turn into deeds is called
a. manifest criminality.
b. a voluntary act.
c. mens rea.
d. attendant circumstance.
The MPC (ALI 1985 2:279″81) rape provision eliminated what as an element in rape
because of its “disproportionate emphasis upon objective manifestations by the
woman?”
a. consent.
b. force.
c. negligence.
d. knowledge.
As the common law developed, murder was distinguished from manslaughter in that
murder required
a. malice aforethought.
b. adequate provocation.
c. heat of passion.
d. no actus reus.
What is a criminal objective?
a. the criminal goal to commit a crime.
b. using unlawful means to do a lawful thing.
c. anything injurious to public health.
d. the conspiracy to commit a crime.
Specific crimes against domestic and international terrorism were enacted after the
a. Oklahoma City bombing.
b. attacks on the World Trade Center.
c. attacks on the Pentagon.
d. plane crash in Pennsylvania.
The law of self-defense is undergoing
a. no change currently.
b. major transformation.
c. minor transformation.
d. nothing.
In which of the following cases did the Supreme Court approve Oregon’s Death with
Dignity Act?
a. State v. Cotton (2000)
b. Washington v. Glucksberg (1997)
c. Gonzalez v. Oregon (2005)
d. Byford v. State (2000)
What kind of cause occurs after the defendant’s act and before the harm?
a. intervening cause
b. concurrent cause
c. consecutive cause
d. contingent cause
Rape by strangers or individuals with weapons who physically injure their victims is
a. simple rape.
b. aggravated assault.
c. aggravated rape.
d. attempted murder.
Until what year did the guidelines and mandatory forms of fixed sentencing create only
possible cruel and unusual punishment problems?
a. 1990
b. 1995
c. 2000
d. 2005
Stewart accidently shot his pregnant girlfriend Daphne. Daphne died shortly after
arriving at the hospital but the baby was born alive. Due to complications resulting from
the fatal injury to Daphne, the baby died the following day.
Based on the “born alive” rule, Stewart is guilty of
a. one count of reckless homicide.
b. two counts of reckless homicide.
c. one count of voluntary manslaughter.
d. two counts of voluntary manslaughter
At the heart of the choice-of-evils defense is the necessity to prevent what kind of
danger?
a. imminent danger
b. unavoidable danger
c. deadly danger
d. serious danger
In the English case King v. Cogdon (1951), Mrs. Cogdon was acquitted of murder
because
a. her acts were done while asleep and thus were not voluntary.
b. she was insane at the time of the crime.
c. she did not cause the death.
d. there was no concurrence between the acts and the result.
The idea that the punishment must fit the crime is the Eighth Amendment principle of
a. aggregation.
b. proportionality.
c. equivocality.
d. equal protection.
A person who was the initial aggressor can gain a lawful right to self-defense if they do
which of the following from the incident they started?
a. renounce themselves
b. completely withdraw
c. irrevocably abbreviate themselves
d. tangentially abstain
Criminal trespass is
a. more serious than burglary.
b. less serious than burglary.
c. equally as serious as burglary.
. d. the same as burglary.
Who formulated the theory that rational human beings won”t commit crimes if they
know that the pain of punishment outweighs the pleasure they hope to get from
committing the crime?
a. The authors of the Old Testament
b. George Bernard Shaw
c. Jeremy Bentham
d. Isaac Ehrlich
What is the name of the crime of agreeing with one or more people to commit a crime?
a. Conspiracy
b. RICO
c. drug dealing
d. Solicitation
Noncriminal lawsuits brought by cities seeking restraining orders to bar gang members
from gang activities are called
a. civil gang injunctions.
b. criminal gang injunctions.
c. preliminary gang injunctions.
d. preliminary criminal injunctions.
What part of criminal law defines specific crimes and arranges them into groups
according to subject matter?
a. general part of criminal law
b. generic part of criminal law
c. specific part of criminal law
d. special part of criminal law
Evidence that doesn”t amount to a perfect defense might amount to a/an
a. imperfect defense.
b. special defense.
c. specific defense.
d. rational defense.
Judges are required to make a statement at the time of sentencing explaining why they
are imposing the sentence. Which of the following is not one of the reasons for this
requirement?
a. to increase the rationality of sentencing.
b. such statements can be therapeutic to the defendant.
c. to aid in appellate court review.
d. such statements can be therapeutic to the victim.
Liability without fault, or in the absence of mens rea, is called
a. strict liability.
b. harm causation.
c. offending behavior.
d. wanton liability.
Trying to commit crimes, but not completing them, is known as
a. criminal attempt.
b. criminal conspiracy.
c. criminal solication.
d. none of these answers is correct.
What crime is second only to murder in being regarded as the most serious crime?
a. rape
b. kidnapping
c. stalking
d. frotteurism
Private Bradley Manning was charged with what crime?
a. sedition.
b. sabotage.
c. espionage.
d. treason.
Terrell has been drinking in a bar for several hours. As he is preparing to leave a man
walks by and bumps against him. Terrell punches the man in the face hard enough to
break his nose. The man pulls a gun from his pocket and shoots Terrell, killing him.
A punch to the face hard enough to break Terrell’s nose is an example of what?
a. adequate provocation.
b. depraved heart.
c. last-straw.
d. mental disturbance.
Arson is a
Twenty four states make it a crime to kill a fetus. In what way is this accomplished?
a. revise existing homicide statutes to include fetuses as homicide victims.
b. create new fetal homicide statutes aimed exclusively at fetuses.
c. create statutes that punish attacks on pregnant women that cause death to the fetuses
they”re carrying.
d. all of these are ways that states have made it a crime to kill a fetus.
According to the U.S. Supreme Court in Cramer v. U.S., socializing with saboteurs is
a. treason.
b. tantamount to treason.
c. not treason.
d. sedition.
A defense in which the defendant accepts responsibility for the act but claims what they
did was right is called
a. justification.
b. excuse.
c. rationalization.
d. claim of right.
The intentional killing form of manslaughter is ____________ manslaughter.
Rape ____________ statutes limit defense evidence about a rape victim’s past.
Discuss the issues surrounding the definition of the terms “premeditated” and
“deliberate” in first degree murder statutes.
What are the four elements of most accessory-after-the-fact statutes? Provide examples
of each element.
What are victimless crimes, and why are they controversial? Be sure to provide
examples.
The U.S. Supreme Court says that all racial classifications are subject to ‘strict
scrutiny.” What does this mean in practice? Why is racial classification held to this high
standard?
The principle of legality establishes: “No crime without______ , no punishment
withou_______ .”
Explain the difference between conduct crimes and bad result crimes. Provide examples
of each.
Discuss the difference between complicity and vicarious liability. Describe which
crimes might involve complicity and which crimes might involve vicarious liability.
Provide examples.
Under the ___________ test of entrapment, the government can introduce evidence of
the defendant’s prior convictions for similar offenses.
Concurrence is an element in all _____________ where the mental attitude is formed
with purpose, knowledge, recklessness, or negligence.
Attempt actus reus is based on ______________ theories of attempt.
____________ violence crimes since the early 1970s have been transformed from a
private concern to a criminal justice problem.
Explain the text-case method including the reason for its name. Also explain the two
reasons for applying criminal principles and definitions to specific cases.
Under the Equal Protection Clause, most criminal statutes are subject to only the
minimal scrutiny of the _______________ basis test.
If undercover police officers offer enticements or inducements to get persons to commit
crimes, this could raise the ___________ defense.
Quality of life crimes underscore the tension between ____________ and order in a
constitutional democracy.
RICO stands for Racketeer Influenced and______________ Organizations.