Classical deterrence theory states that rational human beings won”t commit crimes if
they know that the pain of punishment outweighs the pleasure gained from committing
crimes.
Criminal mischief descends from a common law crime, the misdemeanor called
a. malicious mischief.
b. malicious malfeasance.
c. malicious waywardness.
d. malicious disobedience.
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.”
Laws such as the one under which Tammy was sentenced violate what constitutional
guarantee?
a. due process
b. right to remain silent
c. freedom from unreasonable search and seizure
d. right free speech
The crime of trying to get someone else to commit a crime is known as
a. attempt.
b. felony.
c. conspiracy.
d. solicitation.
Sally is accused of stealing some checks from her boss. She is found not guilty of any
criminal wrong at trial. Her boss sues her and receives a judgment ordering Sally to pay
her for the amount lost from the stolen checks.
Sally’s boss received a judgment for money because of what difference between
criminal and noncriminal wrongs?
a. the burden of proof is higher for criminal wrongs than for noncriminal wrongs.
b. the burden of proof is lower for criminal wrongs than for noncriminal wrongs.
c. the burden of proof is equal for criminal wrongs than for noncriminal wrongs.
d. none of these answers is correct
What felony was created in the 1996 Anti-Terrorism and Effective Death Penalty Act?
a. material support
b. concealment
c. aid and comfort
d. supportive
Many recent rape statutes have modified the common law by
a. eliminating the marital rape exception.
b. including sexual intercourse in the actus reus.
c. lowering the burden of proof to preponderance of the evidence.
d. making rape a vicarious liability crime.
Most states follow which of the following?
a. “Family Member” doctrine
b. health care professionals rule
c. the American Bystander rule
d. the “Good Samaritan” doctrine
Enforcing the laws regulating the behavior of homeless and other street people
generates controversy because
a. the behavior they seek to regulate is not a major concern.
b. they seem to target the poorest and weakest members of society in order to make life
more convenient for those who are better off.
c. the police are not trained for this kind of job.
d. there are too few homeless and street people to be concerned about.
Which of the following is typically an aggravating circumstance that will justify
infliction of the death penalty?
a. torture of victim
b. victim attempted to defend themselves
c. victim was related to offender
d. victim was a stranger
The right-wrong test focuses on defect in reason or
a. cognition.
b. standards.
c. knowing.
d. appreciation.
In Roper v. Simmons (2005), the Supreme Court held that the Eighth Amendment
forbids the execution of
a. rapists.
b. the mentally ill.
c. offenders who committed their crimes when they were under the age of 18.
d. drug dealers.
Common law false pretenses mens rea requires the purpose or specific intent to
a. destroy property by deceit and lies
b. obtain property by deceit and lies
c. obtain property by deceit and lies by threat of physical violence to another person
d. obtain sex by deceit and lies
What do the crimes of theft, robbery, fraud, and receiving stolen property all have in
common?
a. they all consist of taking someone else’s property
b. they all consist of damaging someone else’s property
c. they all consist of destroying someone else’s property
d. they all consist of invading someone else’s property
What Act is a specialized conspiracy law frequently utilized against organized and
white collar crime?
a. RACO
b. RICO
c. RECO
d. ROCO
When professionals make judgments based on their training, their experience, and
unwritten rules this is called
a. discretionary decision making.
b. biased decision making.
c. affirmative decision making.
d. productive decision making.
Only voluntary acts qualify as criminal
a. pro se.
b. mens rea.
c. actus reus.
d. caveat emptor.
What is the default degree of culpability where codes fail to identify a level of
culpability?
a. negligence
b. recklessness
c. awareness
d. complicity
What is the name of the Model Penal Code test of attempt actus reus?
a. the dangerous proximity to success test.
b. indispensable element test.
c. the unequivocality test.
d. the substantial steps test.
In Robinson v. California (1962), the Supreme Court held that Robinson’s conviction
must be
a. upheld because his addiction resulted from a voluntary act.
b. upheld because people addicted to narcotics are a danger to themselves and others.
c. reversed because a person cannot be punished for a status or condition.
d. reversed because there was no showing that Robinson was dangerous.
Most states have consolidated the old crimes of larceny, embezzlement, and false
pretenses into one offense called
a. theft.
b. receiving stolen property.
c. breaking and entering.
d. white-collar crime.
Criminal liability of corporations is a form of what kind of liability?
a. co-conspirator
b. vicarious
c. accomplice
d. accessory
Joseph owns his own car maintenance shop. He has been in business for twenty years
and has done quite well. Edward opens a car maintenance shop across the street from
Joseph. Joseph loses a large number of customers to Edward. Joseph decides to
eliminate the competition and hires a man to murder Edward for the sum of $5,000.
Regarding the actus reus of Joseph’s crime, what does the $5,000 represent?
a. inducement to commit murder.
b. incitement to commit murder.
c. request to commit murder.
d. promise to commit murder.
The revolutionaries who wrote the U.S. Constitution knew that the new government
they were about to create couldn”t survive without the active support of
a. most of the people.
b. most of the poor.
c. most of the wealthy.
d. most of Europe.
Vicarious liability can apply either to enterprises or to
a. government.
b. bystanders.
c. individuals.
d. judges.
Tammy and Jenny are having coffee in Tammy’s kitchen. Jenny uses an electrical cord
to beat Tammy’s one-year-old daughter for several hours repeatedly until she is
bleeding. Tammy looks on but does nothing.
Of the following crimes, which one is Tammy most likely to be found guilty of?
a. accomplice to assault.
b. complicity to assault.
c. accomplice to battery.
d. complicity to battery.
Arson is a very serious crime against
Doris was in a department store trying on a leather jacket. Two store detectives saw her
tearing off the price tag and security device designed to set off an alarm if the jacket
were carried through a detection machine. She placed the tag and the device in the
pocket of another jacket on the merchandise rack. She left her jacket on a table. Leaving
on her own jacket, she put on the leather jacket. When she headed for the exit from that
floor, towards the main floor, she was apprehended by security personnel.
What crime did Doris commit?
a. larceny.
b. stalking.
c. grand theft.
d. robbery.
The crime of vagrancy refers to
a. being poor and homeless.
b. refusing to take suitable work.
c. poor people roaming around without visible means of support.
d. people hanging around with no apparent purpose.
What crime involves damaging or destroying property to hinder defense or preparation
for war?
a. concubinage
b. espionage
c. sabotage
d. treason
Today, arson is a crime against possession and occupancy, not just against
a. ownership.
b. property.
c. buildings.
d. titles.
The criminal law refers to a failure to act when there is a legal duty to act as
a. an omission.
b. a commission.
c. a breach of contract.
d. a refusal.
When you possess something you don”t know you possess, it is called
a. constructive possession.
b. actual possession.
c. knowing possession.
d. mere possession.
What name is given to offensive, sexually explicit material that is not protected by the
First Amendment?
a. obscenity
b. profanity
c. libel
d. literature
Discuss the crime of receiving stolen property. What are the mens rea and actus reus of
receiving stolen property? What is the purpose of the requirement that receivers have to
intend to keep the property permanently?
What behavior deserves criminal punishment? Explain the purposes of criminal
punishment (deterrence, incapacitation, rehabilitation)?
Define individual disorderly conduct. What problems have states had with writing laws
regarding individual disorderly conduct?
In the real world, criminal liability is the _______________ form of social control.
Discuss the general rules on the use of force and deadly force. Be sure to provide
examples.
Discuss the importance of the right to a trial by jury as it relates to the process of
sentencing convicted offenders. Several recent cases have impacted this right. What are
the impacts of: Apprendi v. New Jersey (2000); Blakely v. Washington (2004); and U.S.
v. Booker (2005)?
Participants before and during the commission of crimes are ___________ of the crime
itself.
The defense of consent represents the high value placed on individual _____________
in a free society.
Defenses that take place after the prosecution has proved defendant’s criminal conduct
are_________ defenses.
According to the felony murder rule, unintentional deaths that occur during the
commission of another felony are murders. The law varies widely, due mainly to efforts
to limit the rule in a number of ways. One of the limitations involves the crimes to
which the rule applies. Explain this limitation. Provide some example of crimes that
would qualify for the felony murder rule.
Explain the concept of status. Status can arise in two ways: from voluntary acts and
from characteristics. Explain the difference between these two types of status and how
this impacts actus reus.
What are the different exceptions to the force and resistance rule? How are they
different?
The choice to commit a lesser crime to avoid a(n) _____________ threat of harm from
a greater crime is justified.
Current trends favor shifting the burden of proof for ___________ to defendants.
Discuss the burden of proof regarding the insanity defense. Include a discussion of the
differences between the federal and state requirements.
Explain the relationship between the general and special parts of criminal law.
What is the essential difference between assault and battery? Discuss the mens rea and
actus reus of each.
In ____________forumsairports, bus stations, railroad stations, subways, and shopping
mallsthe government has broad power to restrict and even prohibit solicitation.
What types of criminal and civil laws have been used to try to deal with gang
problems?