Which theory of crime focuses on an eye for an eye” mentality and emphasizes on
getting even?
a. retribution
b. rehabilitation
c. general deterrence
d. Incapacitation
Mistake is a defense whenever the mistake prevents the formation of any fault-based
a. prejudice.
b. hate.
c. animus.
d. mens rea.
The Jennifer Galas case deals with the expansion of what laws?
a. new castle laws
b. new retreat laws
c. new curtilage laws
d. new prostitution laws
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.
The court wishes to prosecute Joey as an adult. Which of the following is not one of the
ways Joey can be waived to adult court?
a. judicial waiver.
b. prosecutorial waiver.
c. legislative waiver.
d. executive waiver.
The concurrence element means that a criminal intent has to
a. trigger the criminal act.
b. lead directly to the harm.
c. be the legal cause of the result.
d. flow from the act.
Which of the following is not true of a felony crime?
a. a felony is more serious than a misdemeanor
b. a felony is punishable by death or an imprisonment of more than one year
c. a felony is never punished by imprisonment
d. felony defendants have to be in court for their trials
In some jurisdictions, a person must retreat before using defensive deadly force if
a. he can with complete safety to himself and others.
b. he was not the original attacker.
c. the attacker demands he retreat or die.
d. the attacker refuses to retreat.
The drafters of the U.S. Constitution were worried primarily that
a. peaceful opposition to the government would be repressed.
b. innocent people might be convicted of treason because of perjury, passion, and/or
insufficient evidence.
c. peaceful opposition to the government would be repressed and innocent people might
be convicted of treason because of perjury, passion, and/or insufficient evidence.
d. none of these answers is correct.
What crime is defined as levying war, adhering to enemies, or giving aid or comfort to
the enemies of the U.S.?
a. terrorism
b. sedition
c. treason
d. affray
What is the most commonly prosecuted crime against the state since September 11,
2001?
a. involves alleged terrorists or terrorist organizations
b. involves providing solace and solitude to terrorists or terrorist organizations
c. involves cover and concealment to terrorists or terrorist organizations
d. involves providing aid and comfort to terrorists or terrorist organizations
Another term for criminal act is
a. mens rea.
b. actus reus.
c. de novo.
d. pro bono.
Statutory rape is what kind of crime in most states?
a. strict liability
b. vicarious liability
c. specific intent
d. general intent
Which of the following is true?
a. criminal homicides are rare events
b. no states have passed euthanasia laws
c. first- and second-degree murder are the only crimes you can be executed for
d. killing another “person” is central to criminal homicide liability because it determines
the punishment
California penal code section 240-241 states:
240) An assault is an unlawful attempt, coupled with a present ability, to commit a
violent injury on the person of another.
241) (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000),
or by imprisonment in the county jail not exceeding six months, or by both the fine and
imprisonment.
Section 241 identifies assault as what kind of crime?
a. felony.
b. misdemeanor.
c. mala in se.
d. mala prohibita.
Which of the following are reasons why the criminal justice system has failed miserably
when it comes to unarmed acquaintance rapes?
a. victims aren”t likely to report unarmed acquaintance rapists.
b. the police are less likely to believe the victims than they are the victims of aggravated
rape.
c. prosecutors are less likely to charge unarmed acquaintance rapists.
d. all of these are reasons why the criminal justice system has failed miserably when it
comes to unarmed acquaintance rapes.
In the absence of a confession, intent must generally be proven by what evidence?
a. peremptory
b. exclusive
c. referential
d. circumstantial
In the majority of states, duress is not a defense for
a. serious felonies.
b. misdemeanors.
c. theft.
d. murder.
All inchoate offenses share two elements: the actus reus of taking some steps toward
accomplishing the criminal purposebut not enough steps to complete the intended
crime, and
a. the mens rea of inentionality.
b. the mens rea of attempt.
c. the actus reus of purpose or specific intent.
d. the actus reus of attempt.
Stan robs a woman while she is walking home from work. Police later identify Stan as
the robber and he is arrested. Stan is found guilty of robbery and is sentenced to one
year in jail. During sentencing the judge notes that his reasoning for the sentence is that
being in jail will keep Stan from robbing any other people and he wants to set an
example for others.
Punishing Stan as an example for other is an example of what purpose for punishment?
a. special deterrence.
b. general deterrence.
c. retribution.
d. incapacitation.
Which of the following cannot be a criminal act?
a. fantasizing
b. speech
c. possession
d. omission to act
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.
Which of the following limitations on felony murder apply to the crime committed by
Terrance?
a. limits regarding the crime the rule applies to.
b. limits on the time period that commission of the predicate crime includes.
c. the underlying crime has to be independent of the death.
d. all of these limits apply to the crime committed by Terrance.
The police decision to investigate or not is an example of what kind of decision
making?
a. indiscriminate
b. discretionary
c. political
d. appropriate
The U.S. Code separates espionage into two crimes
a. espionage during peace and espionage during war.
b. espionage conducted to aid our enemies and espionage for profit.
c. espionage with intent to cause harm to the U.S. and espionage for personal
gratification.
d. espionage with intent to destroy government property and espionage with the intent
to give aid to the enemy.
Defensive force may be used only if the threat or danger is
a. perfunctory.
b. mandatory.
c. contingent.
d. imminent.
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.
Tory’s appeal would most likely be based on a violation of what constitutional
amendment?
a. the Fourth Amendment.
b. the Fifth Amendment.
c. the Seventh Amendment.
d. the Eighth Amendment.
The castle exception is an exception to what doctrine?
a. the retreat doctrine
b. the stand-your-ground doctrine
c. the justification doctrine
d. the excuse doctrine
Su lives in New York City. She wrote a blog in which she encouraged people to blow up
United States government buildings. In addition, she provided detailed instructions on
how to acquire materials for making bombs and how to build the bombs. The Federal
Government shut down Su’s blog and arrested her.
What Act made Su’s activity a crime?
a. The Smith Act of 1940.
b. The USA PATRIOT Act.
c. The Sedition Act.
d. Both The Sedition Act and The Smith Act of 1940.
James has been having a difficult year. He lost his job, has been kicked out of his
apartment and currently has no place to live. He spends his days on a corner downtown,
soliciting money from strangers. He eats at the mission and sleeps under a bridge near
the local park.
Of the following ordinances, which is most likely to be of concern to James?
a. disorderly conduct.
b. prostitution.
c. panhandling.
d. gang.
Most vicarious liability involves which of the following relationships?
a. Personal
b. Romantic
c. Business
d. Family
Stabbing an already dead victim is an example of
a. a legal impossibility.
b. a de facto impossibility.
c. a juristic impossibility.
d. a factual impossibility.
In general, merely being present at the scene of a crime
a. is the actus reus of conspiracy.
b. creates accomplice liability.
c. creates a presumption that there was a conspiracy to commit the crime.
d. is not sufficient to create accomplice liability.
The conscious creation of substantial and unjustifiable risks is the definition of
a. liability.
b. negligence.
c. recklessness.
d. reasonableness.
What is the name of the catchall offense that includes killings that are neither
manslaughter nor first-degree murder?
a. second degree murder.
b. malicious homicide.
c. depraved heart murder.
d. felony murder.
What is the name of a temporary court order to do or to stop doing something?
a. a preliminary injunction
b. a primary injunction
c. a positive injunction
d. a permanent injunction
Legal impossibility is
a. a defense to attempt liability.
b. not a defense to attempt liability.
c. the same as factual liability.
d. the same as factual impossibility.