John is a construction worker. He is walking down the street when he notices two
children playing in the street. John continues on his way. Shortly after he passes, one of
the children is hit by a car and killed.
If John were the parent of the child who was killed, what kind of criminal omission
might he be guilty of?
a. failure to report
b. failure to intervene
c. failure to omit
d. failure to launch
To qualify as criminal punishment, penalties have to meet four criteria.
At common law, the offenses of unlawful assembly and rout involved a minimum of
a. three persons
b. four persons
c. five persons
d. twelve persons
Which test focuses on whether defendants have gone far enough toward completing the
crime that it’s unlikely they”ll turn back?
a. the indispensable element test
b. dangerous proximity to success test
c. the unequivocality test
d. the probable desistance test
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.
Tammy is guilty of the crime because of what exception to the mere presence rule?
a. the duty to act exception.
b. the conspiracy to act exception.
c. the intent to act exception.
d. the diminished capacity to act exception.
What legal term applies when a juvenile court gives up jurisdiction over a juvenile and
transfers the case to the adult criminal court?
a. waiver
b. change of venue
c. change of jurisdiction
d. adjudication
The retreat requirement is weakest or nonexistent when persons are attacked
a. in a public place.
b. in their own homes.
c. in a government building.
d. indoors.
Why was the crime of murder divided into first and second degree?
a. to allow some offenders to claim “benefit of clergy”
b. to make it easier for states to convict murderers
c. to distinguish between malicious and deliberate murders
d. to separate murders that deserve the death penalty from those that do not
Yule and Theresa attend the same community college and have taken several courses
together over the past few semesters. Yule approaches Theresa and asks her if she
would mind helping him study for a final exam in a course they are currently taking.
Theresa agrees and accompanies him to his apartment after class. They spend several
hours studying. During break Yule attempts to kiss Theresa and she rejects him. He
pulls her into his bedroom while she is protesting that she does not want a romantic
relationship with him. Yule throws her on the bed, pushes her skirts up and pushes his
penis into her vagina. Theresa continues to protest and tries to push him off of her. After
he ejaculates Theresa runs from the apartment.
In trying Yule for the offense, the court would use what standard to determine if Theresa
resisted?
a. totality of the circumstances.
b. prevalent standard.
c. preponderance of the evidence.
d. reasonable resistance rule.
Advocating the violent overthrow of the government was called
a. sedition.
b. slander.
c. speech.
d. libel.
The subjective judgment that it’s fair and just to blame the defendant for the bad result
is called
a. cause in fact
b. but for cause
c. legal cause
d. concurrence
Kidnapping and false imprisonment both violate what right?
a. the right of locomotion
b. the right of freedom of movement
c. the right of transformation
d. the right of freedom from penetration
Which crime of rape involves an adult having sex with a child, even if the child
consented?
a. forcible
b. common law
c. minority
d. statutory
The Florida castle law abolished what?
a. the duty to retreat rule.
b. the imminence rule.
c. the use of force rule.
d. the recklessness rule.
Criminal liability is imposed on accomplices and accessories because they
a. have a relationship that allows for the transfer of guilt.
b. participated in the crimes.
c. entered into a conspiracy to commit the crime.
d. drove the getaway car.
In the 1970s and 80s, many states abolished what rule that required prosecution to back
up rape victims’ testimony with that of other witnesses?
a. the false witness rule
b. the corroboration rule
c. the second witness rule
d. the best witness rule
Robbery is really two crimes, theft and
a. extortion.
b. assault.
c. arson.
d. stalking.
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 actions did Doris take that indicated her intent to take the jacket without paying?
a. tearing off the price tag.
b. tearing off the security device.
c. leaving her own jacket on a table.
d. all of these actions indicated her intent to take the jacket without paying.
Most self-defense statutes require the belief in imminent danger to be honest and
a. credible.
b. legitimate.
c. defensible.
d. reasonable.
Sexual assault statutes have shifted the emphasis
a. away from whether there was consent by the victim to the unwanted advances by the
perpetrator.
b. away from the unwanted advances by the perpetrator to whether there was consent by
the victim.
c. to whether the victim knew the perpetrator or not.
d. to the intentions of the perpetrator.
An ex post facto law does one of three things. Which of the following is not one of
those things?
a. punish an offender disproportionately after the crime was committed.
b. criminalize an act that was not a crime when it was committed.
c. increase the punishment for a crime after the crime was committed.
d. take away a defense after the crime was committed.
If an armed offender accidentally killed the store clerk during an armed robbery, this
would be
a. felony murder.
b. excusable homicide.
c. involuntary manslaughter.
d. depraved heart murder.
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.
If the baby had died prior to being born what might some states have called the death?
a. euthanasia.
b. feticide.
c. negligence.
d. neglect.
To deal with gang problems, many cities have utilized the civil remedy of an injunction
to abate
a. public nuisances.
b. public order crimes.
c. quality of life crimes.
d. breaches of the peace.
Conspiracy actus reus consists of two parts: an agreement to commit a crime (in all
states) and
a. an overt act in furtherance of the agreement (in about half the states).
b. an overt act in furtherance of the agreement (in most of the states).
c. a covert act in furtherance of the agreement (in about half the states).
d. a covert act in furtherance of the agreement (in most of the states).
Janet was walking to her car in the parking lot after having been shopping in the mall.
As she walked towards her car a man ran out from between two cars and grabbed her
purse hanging on her shoulder. Janet held on to the purses and a brief struggle ensured.
The purse strap broke and the man ran away with Janet’s purse.
What crime best describes what Janet experienced?
a. theft.
b. burglary.
c. robbery.
d. pickpocketing.
Which of the following is true of empirical evidence on the effectiveness of civil gang
injunctions in controlling gang behavior?
a. such evidence supports the effectiveness of civil gang injunctions in controlling gang
behavior.
b. such evidence does not support the effectiveness of civil gang injunctions in
controlling gang behavior.
c. such evidence is mixed regarding the effectiveness of civil gang injunctions in
controlling gang behavior.
d. none of these answers is correct.
Josiah is angry at Valerie for failing him in his psychology class. Josiah loads his .357
revolver, carefully aims it at Valerie and pulls the trigger, killing her.
What crime has Josiah committed?
a. first degree murder.
b. euthanasia.
c. second degree murder.
d. manslaughter.
Sanchez owns 13 adult entertainment stores that have been operating successfully for
ten years. Sanchez is convicted of transporting and selling obscene material. He was
also convicted of racketeering activity.
If he is convicted, which of the following is a likely punishment?
a. fines.
b. incarceration.
c. forfeiture.
d. all of these are likely punishments.
Andre, Tiny, Macho, and Julio are all members of a gang called the Vatos Locos. They
spend a great deal of time in the neighborhood park hanging out. The local neighbors
complain to the city and the city writes an injunction making it illegal for any of the
four boys to spend any time together in public.
What is the name of the injunction written by the city?
a. a civil gang injunction.
b. a criminal gang injunction.
c. a preliminary gang injunction.
d. a preliminary criminal injunction.
Which test of attempt actus reus examines whether an ordinary person who saw the
defendant’s acts without knowing her intent would believe he was determined to
commit the intended crime?
a. the all but the last act test.
b. the dangerous proximity to success test.
c. the indispensable element test.
d. the unequivocality test.
In the 1980s, the federal government and many states changed their insanity defenses
after the insanity acquittal of
a. John Hinckley.
b. Bernhard Goetz.
c. Daniel M”Naghten.
d. David Neubauer.
Adequate provocation has how many elements?
a. two.
b. three.
c. four.
d. five.
Discuss the mere presence rule. Why did the Supreme Court say that even flight from a
crime scene does not provide accomplice actus reus. Explain how this rule is affected
by a duty to act.
From the 1800s until the 1950s, the utmost ____________ standardprevailed.
Explain how the Constitution protects our right to privacy. Discuss Griswold v.
Connecticut (1965), Stanley v. Georgia (1969), and Lawrence v. Texas (2003).
It’s illegal to receive stolen property only if you intend to keep it ____________.
Voluntary intoxication is no excuse for committing a crime: involuntary intoxication is.
Explain why this is the case. Be sure to include a discussion of accountability and
culpability.
The main parts of a case include: title, citation, procedural history, judge, facts,
judgment, and opinion. Explain what each of these parts includes as well as how
reading cases in the text can help to better understand the law.
A(n) _____________ defense is one which only reduces the conviction to a lesser
offense.
Simple assaults are generally classified as ____________.
Legislatures responded to this problem of unlawful conversion of property by creating
the felony of ____________.
It’s only by means of a legal that the principle of actus reus includes
possession.
Vicarious liability makes one liable for the acts of another because of their
___________to the other.
What is the purpose of the Racketeer Influenced and Corrupt Organizations (RICO)
Act? What types of crime does RICO generally address? Be sure to provide examples.
The revolutionaries who wrote the U.S. Constitution knew that the new government
they were about to create couldn”t ____________ without the active support of most of
the people.
___________ intoxication is no excuse for committing a crime
Discuss what is required for mistake to be a defense. How does this relate to the types
of culpability in the Model Penal Code? Be sure to discuss the debate over whether to
call mistakes a defense.
The Eighth Amendment prohibits cruel and unusual punishment. Discuss the opinions
in the following cases regarding the courts application of the prohibition against cruel
and unusual punishment to the death penalty. Kennedy v. Louisiana (2008), Atkins v.
Virginia (2002), Roper v. Simmons (2005).
Discuss the common law approach to parties to crime. Provide an example of each.
Traditional parent ___________ statutes aren”t the same as vicarious liability.