TEST BANK Criminal Law for the Criminal Justice Professional 5th Edition by Norman Garland. ISBN-13 by StudyGuide

CHAPTER 1 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) Criminal law seeks to regulate acts that are contrary to the community interest of the social or government unit. ⊚ ⊚

true false

When the United States gained independence, it rejected the common law of England. ⊚ ⊚

true false

3) Legality holds that no one can be punished for an act that was not defined as criminal before the person did the act. ⊚ ⊚

true false

Many states rely exclusively on common law to define their crimes. ⊚ ⊚

true false

5) The Model Penal Code (MPC) is a comprehensive recodification of the principles of criminal responsibility and is mandatory in all 50 states. ⊚ ⊚

true false

6) The fundamental structure of the American criminal justice system consists of law enforcement agencies, prosecution and defense attorneys, courts, and correctional institutions and agencies. ⊚ ⊚

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true false

7) The court preparation function of police involves testifying at hearings and trial and presenting the evidence in an effort to convict the perpetrator. ⊚ ⊚

true false

8) In the case of felonies, a law enforcement officer only needs reasonable suspicion to believe that a person has committed a crime before he or she may arrest the suspect. ⊚ ⊚

true false

9) The purpose of a preliminary hearing is for a judge to determine whether there is probable cause for the accused to answer to the crime charged. ⊚ ⊚

true false

10) An information, which is a piece of paper on which a charge appears, is filed and signed by the prosecutor. ⊚ ⊚

11)

There are at least eight bases for a defendant's pretrial motion to dismiss. ⊚ ⊚

12)

true false

Law is a rule of conduct or procedure established by custom, agreement, or authority. ⊚ ⊚

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true false

13) Parole supervision is similar to probation supervision in that both are agencies of the state correctional system rather than the court system. ⊚ ⊚

true false

14) According to the double jeopardy protections under the Fifth Amendment, the justice system cannot try a defendant twice for the same crime. ⊚ ⊚

15)

true false

In the case of a trial by jury, the actual trial process begins with arraignment and plea. ⊚ ⊚

true false

16) As of June, 2019 there has been a successful campaign to enact legislation that restricts access to abortions. ⊚ ⊚

true false

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 17) American law can be described by any of the following definitions except as

A) the known decisions of the courts of the federal and state governments. B) the ability to impose statutes upon those who commit crimes against Americans anywhere. C) federal, state, or local enactments of legislative bodies. D) rules and regulations proclaimed by administrative bodies.

18)

Criminal law is distinguished from all other law because

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A) other types of law, such as civil law, seek to regulate acts that are contrary to the community interest of the social or government unit. B) criminal law seeks to regulate acts that are contrary to the community interest of the social or government unit. C) criminal law seeks to influence and protect the public from obvious and egregious moral wrongs. D) other types of law, such as civil law, impose sentences for crimes committed.

19) Many cultures do not make the distinction between secular (nonreligious) and that is so central to American culture.

A) B) C) D)

statutory federal sacred religious

20) All criminal law is the federal government.

A) B) C) D)

21)

law

; that is, crimes are defined by the legislatures of the states and

common law case law statutory law discretionary

regularly refine and redefine criminal law.

A) B) C) D)

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The U.S. Congress and state legislatures The U.S. Congress and the U.S. Senate The U.S. and state senates The executive and judicial branches of the federal government

22) Although modern criminal law is essentially statutory, the role of the courts is still required because

A) common law, or case law, is still used for the most frequently committed offenses, so judges must review each of these cases individually. B) common law takes precedence over statutory law in many jurisdictions, and the two systems often compete. C) criminal statutes often contain vague or general language that requires courts to interpret a statute's meaning when applied to a particular case. D) criminal statutes do not include any sentencing guidelines; therefore, a judge is needed to provide the appropriate punishments.

23)

The common law in today's modern criminal justice system

A) B) C) D)

defines nearly all the crimes covered in criminal law statutes in all jurisdictions. takes precedence over statutory law in many jurisdictions. is usually preferred since statutory law is overly vague. is a predecessor of today's statutory criminal law.

24) Many states' modern criminal laws are codifications of the common law crimes, and when there is a question of statutory meaning, the courts

A) B) C) sentence. D)

25)

look to the common law definitions to help in understanding the term in question. revert to the common law definitions and punishments, since they are easier to apply. revert to the common law punishments, except for those involving the death consider the common law definitions only after exhausting all other means.

Much of the reform of English and American criminal law was influenced by

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A) B) C) D)

26)

One reason for the decline of judicially created criminal law definitions is the principle of , which is a core concept of the American system of criminal justice.

A) B) C) D)

27) of

common law case law legality mens rea

According to the text, the establishment of the American Law Institute (ALI) was a result

A) B) C) D)

28)

the American Law Institute (ALI). Jeremy Bentham. King George III. the U.S. Supreme Court.

political rivalries and power struggles. a desire to revive common law. a quest for a newer, more flexible common law. general dissatisfaction with the American criminal law.

Since the Civil War, federal criminal law has

A) expanded to overlap areas that previously were within the exclusive province of the states. B) shrunk in its influence, leaving states' rights relatively free. C) taken over many states' rights, such as the control of state senates. D) maintained approximately the same influence as before.

29)

The U.S. Constitution does NOT explicitly enumerate

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as a crime.

A) B) C) D)

30)

The principal purpose of the criminal law is to

A) B) C) D)

31)

mail fraud crimes committed on the high seas counterfeiting crimes against the law of nations

prevent and control crime. punish offenders. attract attention toward criminals. promote social peace through strict laws.

Generally, the criminal law seeks to sanction only those persons who voluntarily commit

A) an unlawful act ( actus reus) before or after having an appropriate guilty mental state ( mens rea), even with excuse or justification. B) an unlawful act ( actus reus) accompanied by the appropriate guilty mental state ( mens rea), even with excuse or justification. C) an unlawful act ( actus reus) accompanied by the appropriate guilty mental state ( mens rea) without involving an excuse or a justification. D) an unlawful act ( actus reus) before or after having an appropriate guilty mental state ( mens rea) without involving an excuse or a justification.

32)

The

A) B) C) D)

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distinguishes criminal law from other law.

use of plaintiffs instead of prosecutors imposition of punishment for its violation imposition of punitive damages that are payable to the plaintiff lack of appropriate legal safeguards for defendants

33) The utilitarian legal philosopher Jeremy Bentham reorganized the law of crimes according to the

A) B) C) D)

convention of the day. general will of the people. views of those in power. amount of social harm they caused.

34) Procedural criminal law dictates the methods and the means by which the state proceeds, through the police, public administrators, and the courts, to enforce rights or duties of the

A) B) C) D)

35)

Some of the colonies established in America adopted England's

A) B) C) D)

36)

reform movement. common law. system of torts. Napoleonic law.

The criminal process most often begins with

A) B) C) D)

37)

procedural law. secular law. statutory law. substantive law.

an arrest. an indictment. a conviction. sentencing.

The Model Penal Code (MPC) is a comprehensive recodification of the principles of

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A) B) C) D)

38)

is one of the four basic police functions.

A) B) C) D)

39)

an immediate hearing. monetary assistance. an attorney. bail.

is the power or authority of a court to act with respect to any case before it.

A) B) C) D)

41)

Pre-sentence reports Post-investigation Prevention Court decorum

A defendant who may be sentenced to more than six months in jail or prison is entitled to

A) B) C) D)

40)

civil infractions. criminal responsibility. parole violations. probation infringements.

Sentencing Recognizance Habeas corpus Jurisdiction

Which of the following is a post-conviction procedure?

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A) B) C) D)

information recognizance sentencing plea bargaining

42) Which of the following is a basis for appeal of a criminal conviction on substantive grounds?

A) B) C) D)

43)

The jury was improperly instructed. Procedural and evidential errors were committed by the trial courts. The accused was convicted of murder. All of the necessary elements of the crime were alleged.

Identify a true statement about plea bargaining.

A) The judge decides whether there is probable cause to prosecute the accused. B) The defendant appears in court to respond formally to the charges against him or her. C) The prosecution recommends a punishment that is lesser than the original sentence imposed. D) The defendant challenges the validity of an indictment by moving to dismiss the charges.

44) Which of the following statements is true of habeas corpus as a post-conviction relief procedure?

A) The habeas corpus petition is a legal action that is part of a criminal case. B) This petition is brought by a prisoner who has exhausted all of the usual appellate remedies. C) A state prisoner is prohibited from obtaining such relief in a federal district court. D) Only a single habeas corpus petition can be filed, even if a defendant raises new grounds.

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45)

When a grand jury charges a person with a crime, it does so by issuing a(n)

A) B) C) D)

46)

bond. sentence. information. indictment.

Which of these agencies are not a part of the department of Homeland Security?

A) B) C) D)

The Central Intelligence Agency The Secret Service Immigrations and Customs Enforcement (ICE) The Federal Emergency Management Agency (FEMA)

47) Generally, a state prisoner is only allowed to file one habeas corpus petition; in what situation can a petitioner file a second one or successive petitions?

A) When there is a new Supreme Court Precedent pertaining to a similar case. B) When there is newly discovered evidence in the case or claims that involve new Supreme Court precedent that has been made retroactive to the state prisoner's case. C) When the prisoner has a new argument he desires to make. D) At any time since Congress enacted the Anti-Terrorism and Effective Death Penalty Act (AEDPA).

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 48) What are the historical roots of American common law?

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49)

Explain the principle of legality.

50)

Give a detailed description of the Model Penal Code (MPC).

51)

What distinguishes criminal law from all other law?

52)

Explain the criminal justice system perspective as an administrative system.

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Answer Key Test name: Chap 01_5e 1) TRUE 2) FALSE 3) TRUE 4) FALSE 5) FALSE 6) TRUE 7) TRUE 8) FALSE 9) TRUE 10) TRUE 11) FALSE 12) TRUE 13) FALSE 14) TRUE 15) FALSE 16) TRUE 17) B 18) B 19) D 20) C 21) A 22) C 23) D 24) A 25) B 26) C Version 1

27) D 28) A 29) A 30) A 31) C 32) B 33) D 34) D 35) B 36) A 37) B 38) C 39) C 40) D 41) C 42) A 43) C 44) B 45) D 46) A 47) B 48) The laws of the U.S. and England stem from the common law of England. When the 13 colonies were established in America, they adopted the common law of England, but when the U.S. was formed, its law developed separately from the English common law tradition. Today, statutory law dominates the criminal law system of the United States, but common law still influences the criminal law system.

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49) Under the principle of legality, no one can be punished for an act that was not defined as criminal before the person did the act. If a court declares that an act is criminal, although it was not previously defined as criminal, then the principle of legality is violated. 50) The MPC is a comprehensive recodification of the principles of American criminal responsibility based upon previous sources of criminal law such as codes, judicial opinions, and scholarly commentary. It stands as a model for the reform of principles of American criminal responsibility. 51) Criminal law is different from other types of law in that criminal law seeks to regulate acts that are contrary to the community interest of the social or governmental unit—federal, state, or local. It involves a violation of public rights and duties, which creates a social harm. Although not every person who suffers a criminal conviction is punished, criminal law provides for the punishment of those who violate the rules. In contrast, other types of law do not provide for punishment. 52) In this role, the criminal justice system is the official apparatus for enforcing the criminal law. It consists of law enforcement agencies, prosecution and defense attorneys, courts, and correctional institutions and agencies.

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CHAPTER 2 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) Neither the U.S. Congress nor state legislatures enact laws that raise constitutional problems. ⊚ ⊚

true false

The U.S. Constitution defines only one crime—murder. ⊚ ⊚

true false

3) A bill of attainder is a legislative enactment that declares individuals or members of a group guilty of a crime and subject to punishment without a trial. ⊚ ⊚

true false

4) Criminal statutes lacking in clarity are susceptible to enforcement in an arbitrary or discriminatory manner by police, prosecutors, judges, and juries. ⊚ ⊚

true false

5) In special circumstances, state and federal agencies can legally enact or enforce criminal statutes that unnecessarily inhibit the substantive rights identified in the U.S. Constitution. ⊚ ⊚

true false

6) Freedom of religion and freedom of speech are sometimes grouped together and referred to as "freedom of expression." ⊚ ⊚

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true false

7) American courts will invalidate criminal statutes that are viewed as thinly veiled attempts to restrict the freedom of religion. ⊚ ⊚

true false

8) The right to keep and bear arms, as provided in the Second Amendment, has proven to be relatively absolute in recent years. ⊚ ⊚

true false

9) Typical federal and state gun control statutes impose licensing requirements such as background checks and waiting periods. ⊚ ⊚

true false

10) The Supreme Court has ruled that the death penalty cannot be imposed upon a defendant who was less than 18 years old at the time of the killing offense. ⊚ ⊚

true false

11) The effect of the U.S. Supreme Court case Furman v. Georgia was an informal moratorium on the death penalty until the execution of Gary Gilmore in 1977. ⊚ ⊚

true false

12) In the context of the liberty granted by the First Amendment, all claims based on the free exercise of religion will exempt a defendant from criminal liability. ⊚ ⊚

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true false

13) Under the Brady Bill, criminal offenses committed with a firearm carry more severe penalties than those committed without one. ⊚ ⊚

true false

14) In June, 2017, the Supreme Court decided, in Packingham v. North Carolina, that a state statute could prohibit sex offenders from accessing social media websites. ⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 15) Which of the following provisions apply to the first amendment?

A) The right to public assembly B) A well-regulated militia C) Protection against unreasonable searches and seizures D) The right to proportionality in sentencing E) The right to freedom of speech F) The right to freedom of expression G) The right to freedom of religious exercise H) Protection against the quartering of soldiers in private homes I) The right to keep and bear arms J) Protection against cruel and unusual punishment

16)

Which of the following provisions apply to the second amendment?

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17)

Which of the following provisions apply to the third amendment?

18)

Which of the following provisions apply to the fourth amendment?

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19)

Which of the following provisions apply to the eighth amendment?

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 20) Criminal statutes may be unconstitutional because

A) B) C) D)

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they may cause defendants to give self-incriminating testimony. of the way in which they are applied by government officials. of the method government officials use to create them. None of the answers is correct.

21) In the case of , a court declared that dog sniffs are searches and can be conducted only if police have probable cause to believe the person, place, or thing to be sniffed is connected to criminal action.

A) B) C) D)

22)

Substantive criminal law is enforced through

A) B) C) D)

23)

U. S. v. Place Loving v. Virginia Craig v. Boren Commonwealth v. Johnston

procedural criminal law. common law. case law. the Model Penal Code (MPC).

The sources of procedural criminal law include Article I of the U.S. Constitution and

A) B) C) D)

the Fourth Amendment. the Sixth Amendment. the Fifth Amendment. All of the answers are correct.

24) Over time, the courts have held that encompasses the multiple procedures and processes that must be followed before a person can be legally deprived of his or her life, liberty, or property.

A) B) C) D)

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substantive criminal law procedural criminal law due process statutory law

25)

A possible characteristic of an ex post facto law is

A) it alters the legal rules of evidence, allowing evidence of guilt that is lesser or different from what the law required at the time the offense was committed. B) it makes criminal an act committed less than six months after passage of the law, thus preventing the criminal from having enough time to know that it was a crime. C) it inflicts a lesser punishment than the original law. D) All of the answers are correct.

26) The Sixth Amendment and the due process clauses of the Fifth and Fourteenth Amendments require that the law provide

A) B) C) D)

27) be

Under the due process clause of the Fourteenth Amendment, criminal statutes must NOT

A) B) C) D)

28)

counsel to defendants. protection against cruel and unusual punishment. protection against unreasonable searches and seizures. fair notice of the charges.

vague. ambiguous. overly broad. All of the answers are correct.

has NOT been found to be unconstitutional.

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A) A statute stating that "no person shall loiter . . . in or upon any street, park or public place, or in any public building," with no definition of the word "loiter," B) A harassment statute prohibiting conduct that "alarms or seriously annoys" another person C) A statute that punished a person who "publicly treats contemptuously the flag of the United States" D) A federal statute that provides that murdering a "federal egg inspector" can be a "capital crime"

29) to

The substantive rights specifically enumerated within the Bill of Rights include the right

A) B) C) D)

30)

bring grievances against the government. have protection against cruel and unusual punishment. keep and bear arms. All of the answers are correct.

The First Amendment provides that Congress shall make no law prohibiting

A) B) C) D)

the right to keep and bear arms. the free exercise of religion. searches and seizures. the grading of offenses.

31) According to the First Amendment, the guarantee of free speech does NOT automatically cover

A) B) C) D)

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obscenity. grievances against the government. the advocacy of unlawful conduct. fighting words.

32) In , the defendant was convicted of interfering with the draft during wartime and of urging insubordination in the military.

A) B) C) D)

People v. Maness R. A. V. v. St. Paul Schenck v. United States Hatch v. Superior Court

33) In , the U.S. Supreme Court held unconstitutional a city ordinance banning the burning of a cross and the display of symbols such as swastikas.

A) B) C) D)

People v. Maness R. A. V. v. St. Paul Schenck v. United States Hatch v. Superior Court

34) is NOT a characteristic used to define the concept of "police powers" in the application of the First Amendment.

A) "Federal, state, and local governments may enact laws" B) "Despite these regulations, First Amendment rights cannot be completely taken away (or banned) in the interest of the general public" C) "Federal, state, and local governments may authorize enforcement activities that regulate the time, place, and manner in which an individual can exercise constitutionally protected rights" D) "American citizens are authorized to commit slander at certain times when it is appropriate"

35)

is NOT an example of a religious freedom claim that was rejected by courts.

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A) B) C) D)

36)

Criminal conviction for polygamy Handling poisonous snakes in religious ceremonies A Christian Scientist parent's withholding medical treatment for a child Practicing the Wiccan religion on U.S. Army bases

The right of the people to assemble publicly is NOT absolute because

A) public assembly may threaten public safety, peace, and order. B) past problems with riots and other tumultuous disturbances have led American courts to create a quota of public assemblies per year nationwide. C) political interests prevent extreme groups from a public display of their beliefs. D) the American system of government has not yet evolved to live up to the promises of the U.S. Constitution.

37)

When it comes to anti-loitering statutes, American courts

A) have held that these statutes do not have to promote identifiable public interests in order to be justified. B) have found these laws to be unconstitutionally vague as they fail to specify a standard of conduct. C) have found these laws unconstitutional when applied to hard-working, law-abiding citizens, but not when applied to transients. D) have increasingly used these laws to drive out gangs.

38) The U.S. Supreme Court differs from organizations like the National Rifle Association in its interpretation of the Second Amendment because

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A) the U.S. Supreme Court has held that this provision must be read in conjunction with the other clause of the Second Amendment referring to a "well regulated militia." B) the U.S. Supreme Court does not agree with the Second Amendment. C) the U.S. Supreme Court does not believe that persons aged 12-17 should keep and bear arms, but it does believe that this right is exclusively for adults. D) None of the answers is correct.

39)

The Eighth Amendment to the U.S. Constitution prohibits

A) B) C) D)

excessive bail. both treason and usurious money lending. cruel and unusual punishment. slavery.

40) The U.S. Supreme Court has interpreted the Eighth Amendment requirement of to mean that the punishment inflicted for a criminal violation should not be grossly disproportionate to the crime committed.

A) B) C) D)

fair notice ex post facto due process proportionality

41) In the 1972 case of , the U.S. Supreme Court examined the imposition of the death penalty in three cases and analyzed in detail the constitutional issues raised by capital punishment.

A) B) C) D)

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Gregg v. Georgia Furman v. Georgia Weems v. United States Coker v. Georgia

42)

The U.S. Supreme Court has held that a right of privacy is NOT implicit in

A) B) C) D)

43)

the Second Amendment right to keep and bear arms. the First Amendment right of free association. the Fourth Amendment ban on unreasonable searches and seizures. the Third Amendment protection against the quartering of soldiers in private homes.

According to the U.S. Supreme Court, the right of privacy includes the right to

A) B) C) D)

bear arms for personal protection. form personal opinions about the government. be free from unwanted publicity. use any form of online networking.

44) According to the U.S. Supreme Court, the right to protected by the right of privacy.

A) B) C) D)

has been recognized as an area

purchase firearms travel across international borders unregulated Internet usage live without unwarranted interference

45) The Eighth Amendment requirement of proportionality that the punishment inflicted for a criminal violation should not be grossly disproportionate to the crime committed affects the

A) B) C) D)

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ban on unreasonable searches and seizures. use of arms under life-threatening conditions. assessment of the validity of terms of imprisonment. firearm ownership by convicted felons.

46) In the context of the free exercise of religion granted by the First Amendment, religious freedom claims have been rejected in upholding criminal convictions for

A) B) C) D)

polygamy. abortions. consensual sodomy. ritualistic animal sacrifice.

47) Which of the following statements is true of the Fourth Amendment to the U.S. Constitution?

A) B) C) D)

It forbids conducting oneself in a way that alarms or annoys another person. It prohibits unreasonable searches and seizures of persons, houses, and effects. It debars public contempt of the national flag of the United States. It protects against double jeopardy and self-incrimination.

48) A special legislative enactment that declares a person or group of persons guilty of a crime and subject to punishment without trial is known as a(n) .

A) B) C) D)

information writ of certiorari bill of attainder indictment

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 49) Write a paragraph explaining the historical basis for the Bill of Rights and why it was created.

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50)

Explain the provisions of the Fourteenth Amendment to the U.S. Constitution.

51) Give three examples of past incidents regarding First Amendment rights that reflect its uneven application throughout American history.

52) Discuss the amendments to the U.S. Constitution that criminal statutes typically contradict according to the requirements of substantive due process.

53) Discuss the significance of Weems v. United States and Robinson v. California to the Eighth Amendment.

54) Discuss recent Supreme Court rulings and their interaction with juveniles and the Eighth Amendment.

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Answer Key Test name: Chap 02_5e 1) FALSE 2) FALSE 3) TRUE 4) TRUE 5) FALSE 6) TRUE 7) TRUE 8) FALSE 9) TRUE 10) FALSE 11) TRUE 12) FALSE 13) TRUE 14) FALSE 15) [A, E, F, G] 16) [B, I] 17) [H] 18) [C] 19) [D, J] 20) B 21) D 22) A 23) D 24) C 25) A 26) D Version 1

27) D 28) D 29) D 30) B 31) B 32) C 33) B 34) D 35) D 36) A 37) B 38) A 39) C 40) D 41) B 42) A 43) C 44) D 45) C 46) A 47) B 48) C 49) On the basis of their experiences as English colonists, many people objected to the U.S. Constitution because it did not explicitly protect the rights of the people. These former colonists were aware of the ways in which a government can abuse its authority, and they wanted to avoid it in the United States. As a result, the first U.S. Congress proposed and then adopted a set of 12 amendments that defined the powers of the federal government and the rights of the people. By 1791, the states had adopted 10 of these, which became known as the Bill of Rights. Version 1

50) The Fourteenth Amendment provides that no state shall "deprive any person of life, liberty, or property, without due process or law; nor deny to any person . . . the equal protection of the laws." Thus, any law that distinguishes between two classes of persons (e.g., men and women, wealthy and poor, minorities and non-minorities) is subject to attack as failing to provide constitutionally mandated equal protection. Today, all laws that make a distinction between persons based on race, ethnicity, gender, religion, sexual orientation, or national origin are subject to constitutional scrutiny, even when they are designed to rectify the discrimination of the past, because of the provisions of the Fourteenth Amendment. 51) In Schenck v. United States (1919), Justice Holmes found the defendant guilty of inciting antiwar sentiments. Given modern redefinitions of the clear and present danger test used to determine if speech falls within constitutional protection, it is unlikely that the conduct and speech in this case would be considered criminal by the Supreme Court today. In 1912, feminist Margaret Sanger was arrested for giving a lecture on birth control. During the 19 th and 20 th centuries, meetings held by trade unions were banned, and persons violating court orders prohibiting strikes and labor protests were sentenced to prison. During World War I, individuals peacefully protesting American involvement in the war were jailed for expressing their opinion. The display of red or black flags, which are symbols of communism and anarchism, was outlawed in many states in the early 1920s. Author Upton Sinclair was arrested in 1923 for attempting to read the text of the First Amendment at a union rally.

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52) They may run afoul of the specific dictates of the First or Second Amendments, the somewhat broader prohibitions of the Eighth Amendment, or the general exercise of liberty mentioned in both the Fifth and Fourteenth Amendments. 53) In Weems v. United States (1910), Weems, an officer of the Bureau of the Coast Guard and Transportation of the United States Government of the Philippine Islands, was convicted of falsifying a "public and official" document. He was sentenced to 15 years' incarceration with hard labor with chains on his ankles. The Supreme Court judged this punishment to be excessive and thus in violation of the Eighth Amendment. In Robinson v. California (1962), the Court held that a 90-day prison sentence for violation of a California statue making it a crime to be addicted to the use of narcotics was a cruel and unusual punishment. 54) In two cases that did not involve the death penalty, one non-capital ( Graham v. Florida) and the other capital ( Miller v. Alabama), the Supreme Court found violations of the Eighth Amendment when juveniles were sentenced to life imprisonment without the possibility of parole.

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CHAPTER 3 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) A civil offense is prosecuted by government attorneys who represent the community as a whole. ⊚ ⊚

true false

2) The definitions of "immoral" and "deserving of punishment" are extremely flexible, depending on who defines them and when. ⊚ ⊚

true false

Misdemeanors are often offenses that violate the public welfare. ⊚ ⊚

true false

4) In plea bargaining, a defense attorney will often attempt to reduce a misdemeanor to a felony when the option exists. ⊚ ⊚

true false

Criminal liability requires a concurrence of the actus reus and the mens rea. ⊚ ⊚

true false

6) An actus reus is any act or omission containing the ingredients of causation and social harm. ⊚ ⊚

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true false

7) If a person who has committed a crime voluntarily later regrets the act, he or she will not be held equally responsible. ⊚ ⊚

true false

8) Numerous judicial decisions hold that a person is criminally liable when he or she stands by and does nothing to help someone else in jeopardy. ⊚ ⊚

true false

9) A person can be guilty of possession of certain items or substances without any further act than possession of the prohibited article. ⊚ ⊚

10)

General intent is the intent only to commit the actus reus of a crime. ⊚ ⊚

11)

true false

Bigamy is a specific intent crime. ⊚ ⊚

true false

12) Proximate cause is that cause, from among all of the causes-in-fact that may exist, that is the legally defined cause of a social harm. ⊚ ⊚

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true false

13) A person cannot be convicted of a crime unless the prosecution proves beyond a reasonable doubt a concurrence of a voluntary act and the required mental state that actually and proximately caused the prohibited social harm. ⊚ ⊚

true false

14) No matter how much motive exists and can be shown, there is no culpability unless there is proof of the criminal actor's purpose to achieve the desired result. ⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 15) Which of the following definitions apply to the “purposely with respect to result or conduct” mental state?

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A) A person is guilty of this mental state if he or she knows or is practically certain that his or her conduct will cause this result. B) When a perpetrator acts with this mental state, it is his or her voluntary wish to act in a certain conduct or produce a certain result. C) A person acts with this mental state if he or she knows that his or her actions are criminal, or that attendant circumstances made an otherwise legal act a criminal one. D) A perpetrator who buys a gun and ammunition, points the gun at a victim, and fires the gun has manifested a purpose to kill the victim, and thus is showing this mental state. E) If a perpetrator fires 50 rounds into a crowd of people and kills five persons, he or she knowingly killed the victims. If the perpetrator is aware or practically certain that firing the weapon would likely result in one or more deaths, he or she possesses this mental state. F) When determining this mental state, a jury is required to look at the perspective of the accused individual to decide whether he or she should have known that the omission involved created a substantial and unjustifiable risk. G) The MPC states that a person shows this mental state if he or she voluntarily ignores a substantial and unjustified risk that a certain circumstance exists or will result from reckless conduct. H) Sometimes, people will engage in "willful blindness" by not asking questions in highly suspicious circumstances and then claiming a lack of this mental state due to a lack of knowledge. To avoid such manipulation, the MPC provides that knowledge is established if a person knows that there is a high probability that such an attendant circumstance exists. I) Since the determination of this mental state can be vague, juries are required to look at the perspective of a defendant when determining whether the actions he or she took created this mental state. Peculiar characteristics of the defendant may be taken into account; for example, physical traits such as blindness may compel a person to act differently than someone with sight, and a jury can be instructed to take that into account. J) When a person acts with this mental state, he or she is aware of the conditions that will make the intended crime possible, or believes or hopes that they exist. K) If a perpetrator enters an occupied dwelling in order to commit a felony inside, he or she shows this mental state if he or she is aware that it is occupied, believes it is, or hopes it is.

16)

Which of the following definitions apply to the “acting recklessly” mental state?

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17)

Which of the following definitions apply to the “knowingly causes a result” mental state?

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18)

Which of the following definitions apply to the “acting negligently” mental state?

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19) Which of the following definitions apply to the “purposely with respect to attendant circumstances” mental state?

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20) Which of the following definitions apply to the “knowingly with respect to conduct and attendant circumstances” mental state?

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MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 21) Which of the following is NOT one of the special rights and protections that the U.S. Constitution affords to those accused of crimes?

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A) the Eighth Amendment's protection against excessive bail, excessive fines, and cruel and unusual punishment B) the Sixth Amendment's right to a speedy and public trial, trial by jury, crossexamination of witnesses, and counsel C) the Fourteenth Amendment's right to due process of law, which requires that the federal government grant all of the rights to every defendant and state governments grant most of them D) the First Amendment's right to freedom of expression that gives a defendant the right to tell his or her version of events in a public courtroom

22) A is defined as a wrongful act that results in injury and leaves the injured party entitled to compensation.

A) B) C) D)

23)

tort misdemeanor felony petty offense

Which of the following is an important aspect of crime?

A) B) C) D)

compensating an individual paying damages punishment possessing a prohibited article

24) One essential characteristic that distinguishes criminal from civil wrongdoing in AngloAmerican law is the

A) B) C) D)

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method of compensating an individual. possibility of loss of life or liberty in a civil suit. condemnation and stigma that accompanies the conviction of a crime. type of contract or trust that is breached.

25)

Which of the following is a criminal act?

A) possessing questionable moral character, such as a morbid interest in violent crime that may lead to the commission of such acts B) writing detailed stories about imagined criminal acts and thus inspiring others to commit them C) committing an omission such as neglecting to take care of a sick child, leading to that child's death D) thinking about a criminal act and planning it extensively

26)

Civil liability differs from criminal liability in that in civil liability,

A) B) C) D)

27)

a wrong is done against a community the consequences of the harm done are less severe the government takes action against individual defendants there is a possibility of punishment, such as loss of liberty or life

are NOT a major category of crime.

A) B) C) D)

28)

Felonies Public order offenses Misdemeanors Petty offenses

Misdemeanors differ from felonies in that misdemeanors are

A) B) C) D)

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punishable by more than a year of imprisonment. classified under tort liabilities. more serious than felonies. offenses for which sentences must be served in a county jail.

29)

In homicide cases, under some jurisdictions, a person may be charged with

A) B) C) D)

30)

third-degree murder. first-degree murder. reflexive manslaughter. simple manslaughter.

Identify a true statement about felonies.

A) A crime has to be violent against a specific individual victim to constitute a felony. B) They are divided into categories in order to show the severity of certain offenses. C) They are punishable by less than a year of imprisonment or by fines. D) Offenses classified as felonies consist of violations or infractions against public welfare.

31) Modern law defines a as a crime that is less serious than a felony and is usually punishable by fines, penalties, or incarceration of less than one year.

A) B) C) D)

petty offense felony misdemeanor wobbler

32) Which of the following would NOT be considered by a prosecutor in deciding whether to charge an offense as a felony or a misdemeanor?

A) B) C) D)

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prior offenses committed by the perpetrator the age of the perpetrator when the crime was committed the seriousness of the offense committed the neighborhood in which the perpetrator resides

33)

A criminal's

A) B) C) D)

34)

35)

omission purpose intent actus reus

extreme youth, such as being too young to be tried as a juvenile offender. being forced at gunpoint to steal a car. mental infirmity, such as mental retardation or mental illness. All of the answers are correct.

Which of the following is an example of a specific intent crime?

A) B) C) D)

37)

usually consists of a voluntary action.

Situations that can diminish a person's criminal responsibility include

A) B) C) D)

36)

mens rea actus reus purpose culpability

A(n)

A) B) C) D)

is different from a hope, desire, or wish.

larceny bigamy statutory rape breaking and entering

The purpose of making possessory offenses a crime is to

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A) B) C) D)

38)

The guilty mind requirement for the conviction of a crime is known as

A) B) C) D)

39)

raise arrest rates. arrest criminals without having to catch them red-handed. deter further criminal activity. show other criminals that they cannot escape the law.

voluntas necandi actus reus mens rea animus nocendi

Motive is important as a matter of proof because

A) it is a form of mens rea and thus is an element of proof required for criminal culpability. B) a criminal actor is liable for the emotions that motivated him or her to commit the crime. C) it may help to identify the perpetrator of a crime or explain why a suspect may have acted in a particular way. D) it means the emotion that prompted a person to act is actually the same as intent.

40)

The intention to commit an act

is an example of specific intent.

A) for the purpose of atoning for some past act B) to achieve a particular criminal result C) to achieve some further consequences beyond the conduct or result that constitutes the actus reus of the offense D) with the awareness of a statutory attendant circumstance

41)

is an example of a general intent crime.

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A) B) C) D)

Assault with an intent to kill Statutory rape Receiving stolen property with the knowledge that it is stolen Larceny

42) holds a person criminally liable even when the consequence of his or her action is not what the person actually intended.

A) B) C) D)

43)

General intent Specific intent Mens rea Transferred intent

To determine whether an act caused a specific result,

A) B) C) D)

there must be at least one eyewitness the victim's actions need to be the proximate cause of the result the accused person's act must be the cause-in-fact of the result the police must obtain a confession indicating the accused person's guilt

44) The prosecution must prove beyond a reasonable doubt that an accused was the but-for cause of a social harm in order to hold him or her criminally responsible, unless

A) there were two independent causes that operated simultaneously, either of which could have caused the result. B) the victim was a possible criminal who was escaping the custody of a citizen's arrest. C) the accused person was not aware that he or she had committed a social harm. D) later incidents, not in the accused person's control, caused further harm to the victim.

45)

If two people shoot a victim and hit the victim's vital organs simultaneously,

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A) B) C) D)

both can be viewed as the cause-in-fact only the principal actor is viewed as the cause-in-fact the victim needs to provide testimony before dying one of them will be viewed as an accomplice, regardless of the circumstances

46) Which of the following makes a defendant liable for a resulting social harm as they are largely foreseeable or related to the defendant's conduct?

A) B) C) D)

motivational requirements dependent intervening causes independent intervening causes temporal requirements

47) Causes that are deemed separate from a defendant's actions and for the results of which it would be unfair to hold the defendant responsible are called

A) B) C) D)

independent interrupting causes. dependent intervening causes. independent intervening causes. dependent interrupting causes.

48) The requirement for criminal liability that an accused performed a voluntary act accompanied by the required mental state that actually and proximately caused the prohibited social harm is known as a

A) B) C) D)

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dependent intervening cause. strict liability. cause-in-fact. concurrence of elements.

49) After the law's failure to hold David Cash responsible in the heinous killing of Sherrice Iverson, what state immediately passed laws that would hold bystanders accountable if certain requirements were met?

A) B) C) D)

New York Ohio Florida Nevada

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 50) Do criminal defendants have more legal safeguards than civil defendants? Why, or why not?

51)

Explain what a felony was under common law and its modern definition.

52)

Name the five elements of criminal responsibility.

53) Give two examples of speech that can be considered criminal acts and do not fall under the protection of the First Amendment.

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54)

Name the four mental states that comprise malice aforethought.

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Answer Key Test name: Chap 03_5e 1) FALSE 2) TRUE 3) FALSE 4) FALSE 5) TRUE 6) TRUE 7) FALSE 8) FALSE 9) TRUE 10) TRUE 11) FALSE 12) TRUE 13) TRUE 14) TRUE 15) [B, D] 16) [G, I] 17) [A, E] 18) [F] 19) [J, K] 20) [C, H] 21) D 22) A 23) C 24) C 25) C 26) B Version 1

27) B 28) D 29) B 30) B 31) C 32) D 33) B 34) D 35) D 36) A 37) C 38) C 39) C 40) C 41) B 42) D 43) C 44) A 45) A 46) B 47) C 48) D 49) D 50) Criminal defendants have more protections than those who commit civil wrongs because they have considerably more to lose through criminal punishment. Only criminal punishment includes the possibility of loss of life or liberty. This is why the burden of proof in a criminal trial is "beyond a reasonable doubt," but in civil trials it is either "clear and convincing evidence" or a "preponderance (majority) of the evidence." Version 1

51) Under common law, felonies were the most serious class of criminal offenses and were uniformly punishable by death; all other offenses were considered misdemeanors and thus were not punishable by death. Today, the modern definition of a felony is any serious crime that can be punishable by more than a year of imprisonment and death. Felonies currently include, but are not limited to, various degrees of homicide, rape, robbery, possession or distribution of illegal narcotics, and arson. A crime does not have to be violent or even be perpetrated against a specific individual victim to constitute a felony. One example of a felony is white-collar crime, a term that covers several types of generally nonviolent felonies relating to dishonesty in commercial matters. 52) Criminal responsibility has the following five elements: • The actus reus • The mens rea • A unity of actus reus and mens rea • Causation • Resulting social harm 53) Answers can include any of the following: • Falsely yelling "Fire!" in a crowded theatre • Fighting words • Obscenity • Threatening the president

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54) Malice aforethought, a form of mens rea, can exist in four different mental states: • A specific intent to kill • An intent to inflict serious bodily injury • A wanton disregard for human life • The commission of a dangerous felony

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CHAPTER 4 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) Accomplice liability does not constitute an independent criminal offense. ⊚ ⊚

true false

2) An accessory after the fact is a person who intentionally counsels, solicits, or commands another in committing a criminal act. ⊚ ⊚

true false

3) Constructive presence of a person is satisfied if the individual is within the vicinity of a crime and is able to assist a primary actor if necessary. ⊚ ⊚

true false

4) In criminal cases, for accomplices, the prosecution needs only to prove that a criminal act was committed and that a person being charged as an accomplice somehow assisted in the commission of the crime. ⊚ ⊚

true false

5) Most states hold an accomplice liable only for a crime or crimes of a principal actor that the accomplice intended to aid or encourage. ⊚ ⊚

true false

6) Liability as an accomplice does not extend to negligent and reckless conduct on the part of a primary actor that results in a criminal offense.

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⊚ ⊚

true false

7) Some jurisdictions refuse to extend accomplice liability to those who encourage negligent or reckless behavior because there is no intent for the criminal outcome. ⊚ ⊚

true false

8) A person who uses an innocent agent to commit a crime is considered an accomplice, not a principal. ⊚ ⊚

true false

9) The doctrine of innocent instrumentality runs into technical problems when a statute only applies to a certain class of people by definition. ⊚ ⊚

10)

true false

Most jurisdictions will allow convictions for nonproxyable crimes. ⊚ ⊚

true false

11) If a defendant raises an entrapment defense in a jurisdiction that follows the ShermanSorrells test, evidence that normally would not be admitted in a trial will be allowed. ⊚ ⊚

true false

12) Under common law, an accomplice could not be convicted of a crime unless the primary actor was also convicted.

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⊚ ⊚

true false

13) A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes. ⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 14) Which of the following definitions apply to principal in the first degree?

A) Usually the primary actor or perpetrator of a crime B) An agreement between two or more people to achieve a criminal purpose or to achieve a lawful purpose using unlawful means C) One who has the requisite intent to assist, but does not have the additional intent that the underlying crime be completed successfully D) One who waits in the getaway car or who acts as a lookout and thus is constructively present at the scene of the crime E) A person who intentionally counsels, solicits, or commands another in committing a criminal act without being present at the actual crime F) A person who physically commits a criminal act or commits an offense by using an innocent instrumentality G) Also called a feigning accomplice H) A person who "cases" a bank to determine where the vaults are and provides the layout of the bank but does not physically participate in the robbery I) A person, animal, or inanimate object that cannot be culpable under the law J) A person who intentionally aids another whom he or she knows committed a felony, in order for the person assisted to avoid criminal prosecution and punishment K) When a person physically commits a criminal act but does not act with criminal intent because he or she was coerced, forced, or tricked into committing the act L) One who intentionally assists in the commission of a crime by his or her actual or constructive presence

15)

Which of the following definitions apply to innocent agent?

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16)

Which of the following definitions apply to accessory after the fact?

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17)

Which of the following definitions apply to conspiracy?

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18)

Which of the following definitions apply to principal in the second degree?

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19)

Which of the following definitions apply to accessory before the fact?

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20)

Which of the following definitions apply to agent provocateur?

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MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 21) A person could be an accomplice to a crime through many actions that help or promote the crime's commission, including

A) B) C) D)

being a lookout during the criminal act. drawing an inaccurate map. committing a criminal act without realizing it. knowing that a weapon will be used during the offense.

22) Which of the following is a reason for which the criminal law holds an accomplice accountable for a criminal act to the same extent as a principal actor?

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A) B) C) D)

23) as

An accomplice is forced to help the primary actor. An accomplice unintentionally participates in the criminal goal. An accomplice has less intent, but does more work. An accomplice willingly consents to the same liability.

An accessory after the fact might provide a principal or accomplices with assistance, such

A) getting a plane ticket to fly from somewhere else back to where the crime was committed. B) counseling to help the offenders take responsibility for their actions. C) providing a place to hide. D) giving directions when asked by the principal.

24)

Identify a true statement about the actus reus of accomplice liability.

A) Actus reus of accomplice liability requires a contribution to the commission of a crime either through some affirmative act or by an omission. B) For actus reus of accomplice liability to be established, a certain level of aid needs to be provided by the accomplice. C) Ignorance of the law is accepted as an excuse for avoiding the actus reus of accomplice liability. D) Actus reus of accomplice liability requires that an accomplice prove beyond doubt that a primary party committed an underlying offense.

25) In order to establish , the Model Penal Code (MPC) requires a person to act with the purpose of promoting or facilitating a crime in order to be held liable as an accomplice by an act of omission.

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A) B) C) D)

26)

an actus reus the agency theory a conspiracy mens rea

Under the Model Penal Code (MPC), accomplice liability rests on

A) B) C) D)

accountability. instrumentality. conspiracy. agency theory.

27) When assistance is not accepted, not needed, or does not help the perpetrator in committing a crime, it is known as

A) B) C) D)

28)

A person's unpremeditated presence at a crime scene in order to provide assistance

A) B) C) D)

29)

an agent provocateur. a feigning accomplice. transferred intent. ineffectual assistance.

establishes liability even if that person is never called upon for assistance. establishes liability if that person is a known criminal. does not establish liability if that person is never called upon for assistance. does not establish liability in any situation except for probation or parole violations.

A person is an accomplice if he or she

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A) B) C) D)

30)

possesses an intent to support or encourage the commission of a crime. provides assistance in avoiding capture and arrest after a crime. aids or assists another without knowing that he or she is planning a crime. owns a weapon.

is the mental state of intent that makes one liable as an accomplice.

A) B) C) D)

Knowledge Actus reus Purpose Instrumentality

31) In the context of mens rea of accomplice liability, a few jurisdictions address the distinction between purpose and knowledge by making mere knowledge a crime with a lesser penalty than the penalty for one who aids with specific purpose. This crime is called .

A) B) C) D)

conspiracy criminal facilitation obstruction of justice criminal solicitation

32) A(n) is an accomplice who intends for the principal to fail in his or her illegal venture and, because of this lack of causation, is not an accomplice.

A) B) C) D)

33)

feigning primary party agent provocateur instrumentality principal in the first degree

Legal encouragement by the police as agent provocateurs could include

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A) B) C) D)

acting as a victim. influencing the commission of a crime. encouraging a defendant to commit a crime, whether through actions or words. All of the answers are correct.

34) Additional criminal acts committed during the commission of a planned crime will be considered a natural and foreseeable consequence if they

A) B) C) D)

are harmful to others, including innocent victims. involve the use of a dangerous or deadly weapon. require an accomplice to take actions that he or she does not want. are necessary to accomplish the original criminal goal.

35) Which of the following statements is true of the natural and probable consequences doctrine?

A) The Model Penal Code (MPC) extends accomplice liability to crimes that an accomplice did not aid or intend. B) An accomplice is liable for an act motivated by a separate and independent intent from that of the ultimate criminal goal. C) An accomplice will be liable for additional crimes committed to achieve the actual crime contemplated by him or her. D) Under the Model Penal Code (MPC), an accomplice is liable for crimes that follow as a natural extension of the target crime.

36) A(n) is defined as an object, animal, or person who cannot be culpable under the law, such as an insane person or a child that is used by a principal to commit a crime.

A) B) C) D)

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accessory after the fact agent provocateur innocent agent principal in the first degree

37) Which of the following is an excuse that an innocent agent can use to avoid prosecution for a criminal offense?

A) B) C) D)

being over the minimum age at which one is considered able to form intent being incapable of taking orders from the principal being unavailable at the crime scene being under duress during the criminal act

38) A person who has been used as an innocent agent and can prove that a crime was committed will NOT be held liable for a criminal offense.

A) B) C) D)

due to remorse under duress due to delinquency due to old age

39) According to the Model Penal Code (MPC), which of the following is required for a person to be prosecuted as a principal when a crime is committed by an innocent agent?

A) A person who "causes an innocent or irresponsible person to engage in [criminal] conduct" is liable for that conduct or act. B) The defendant must act with the intent to commit the crime. C) The accused must cause the agent to commit the criminal act. D) All of the answers are correct.

40) Which of the following can be defined as a crime that can be performed only by the person himself or herself and not through an agent?

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A) B) C) D)

nonproxyable offense misdemeanor involuntary manslaughter white-collar crime

41) When a crime has been committed through an innocent instrumentality, the courts aim to punish the

A) B) C) D)

42)

innocent instrumentality for the actus reus, but not the mens rea, of the crime. perpetrator for the mens rea, but not the actus reus, of the crime. instrumentality who possesses the intent to accomplish the crime. perpetrator who possesses the intent to accomplish the crime.

Which of the following statements is true of the Sherman-Sorrells test?

A) It deters the police from encouraging defendants to commit crimes that they would otherwise not have committed. B) It helps many jurisdictions determine whether an entrapment has occurred. C) It focuses on the severity level of the persuasion methods used by an officer. D) It is used to decide whether a crime was committed by a principal actor or by an innocent agent.

43) Which of the following is true of the objective test of the Model Penal Code (MPC) to determine whether an entrapment defense is valid?

A) It allows the police to encourage defendants to commit crimes. B) It asks whether an officer or agent "employ[ed] methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it." C) It focuses on the criminal actions. D) All of the answers are correct.

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44) Although justification of a criminal act often is personal, some courts will allow a defense of justification to be raised by an accomplice

A) B) C) D)

45)

as well as by a principal. but not by a principal. only when a principal makes the same defense as the accomplice. only when a principal makes the same claim as the accomplice.

An excuse does NOT allow a principal to escape liability because the

A) principal is not responsible for the conduct because he or she did not possess the requisite mens rea. B) principal is not responsible because he or she did not commit the actus reus. C) law provides a defense of some other excusing condition. D) law protects anyone who is part of a certain class from being prosecuted.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 46) What is the difference between a principal and an accessory?

47)

What are the three criteria used by the MPC to define an accomplice?

48)

What is the difference between an entrapper and an agent provocateur?

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49) What are the three "complex situations" discussed in your text that affect the actoraccomplice relationship?

50)

What is the difference between a feigning primary party and an agent provocateur?

51)

What is the difference between excuse and justification defenses?

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Answer Key Test name: Chap 04_5e 1) TRUE 2) FALSE 3) TRUE 4) TRUE 5) TRUE 6) FALSE 7) TRUE 8) FALSE 9) TRUE 10) FALSE 11) TRUE 12) TRUE 13) TRUE 14) [A, F] 15) [I, K] 16) [J] 17) [B] 18) [D, L] 19) [E, H] 20) [C, G] 21) A 22) D 23) C 24) A 25) A 26) A Version 1

27) D 28) C 29) A 30) C 31) B 32) B 33) D 34) D 35) C 36) C 37) D 38) B 39) D 40) A 41) D 42) B 43) B 44) A 45) B 46) A principal is present at a crime and participates in it in some way, or the principal uses an innocent agent (such as an insane person or a child) to commit the crime. An accessory aids in the commission of a crime without being present, and he or she may furnish the principal actor with a gun and masks to be used in a robbery, or plan the details of how to commit the crime.

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47) The MPC provides that a person is an accomplice if he or she. • Solicits another to commit a crime • Aids or agrees or attempts to aid such other person in planning or committing a crime. • Has a legal duty to prevent the commission of a crime, but fails to make proper effort to do so. 48) An officer acting as an agent provocateur is within the limits of the law; an officer who goes too far and engages in entrapment is not. An agent provocateur will get involved with the criminal actions of a suspect who would have carried out his or her criminal activity even if the agent provocateur had never been involved, but an entrapper will induce a person to commit a crime that the person would not have or could not have committed without the officer's aid or involvement. 49) The first situation involves a primary actor's use of an innocent agent or instrumentality in which the primary actor is considered to be a principal (and not an accomplice) because the innocent agent could not form intent. The second involves accomplice liability when the principal actor is acquitted. Under modern law, accomplices can still be liable for a crime even when the principal actor is acquitted for individual reasons. The third involves accomplice liability when the principal is a feigning primary party, which means that he or she is not culpable for his or her involvement in the crime.

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50) A feigning primary party is the opposite of an agent provocateur, who is also known as a feigning accomplice. A feigning primary party pretends to have the required intent to be culpable of a crime, but does not actually possess this intent. In contrast, an agent provocateur will get involved with the criminal actions of a principal who would have carried on his or her criminal activity even if the agent provocateur had never been involved. In the case of undercover police work, a feigning primary party can set up willing accomplices for arrest by pretending to commit any type of crime and thus getting accomplices involved to help commit it. 51) A justification defense recognizes that a crime has been committed but the law justifies the actions under certain circumstances, such as self-defense. A defense of excuse recognizes that a crime has been committed but there is a lack of criminal intent in situations such as age, mistake of fact, or mistake of law.

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CHAPTER 5 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) Inchoate crimes also have actus reus and mens rea requirements. ⊚ ⊚

true false

2) Under modern law, an attempt to commit a substantive crime is classified as a lesser crime than the target or object offense. ⊚ ⊚

true false

3) The general intent requirement for attempted crimes makes sense because the concept of attempt encompasses the idea that a person is trying to commit a specific act. ⊚ ⊚

true false

4) One of the basic principles of Anglo-American criminal law is that the law does not punish people for their actions. ⊚ ⊚

true false

5) The salient issue in the impossibility defense is whether the law should punish a person who has attempted to do what was not possible under the existing circumstances. ⊚ ⊚

true false

6) Under common law, the physical impossibility of accomplishing a crime frequently prevents conviction. ⊚ ⊚

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true false

7) If an accused argues that he or she had abandoned the criminal enterprise and had not intended to actually commit the crime, he or can still be charged with and found guilty of attempt. ⊚ ⊚

true false

8) Abandonment is a valid defense, in those jurisdictions that recognize it as such, only when the accused has a genuine change of heart about committing the crime and clearly manifests the desire to abandon the criminal enterprise entirely. ⊚ ⊚

Solicitation exists if the crime solicited has not been completed, attempted, or agreed to. ⊚ ⊚

10)

true false

The mens rea of conspiracy is the act of reaching an agreement. ⊚ ⊚

11)

true false

Conspiracy, also known as renunciation, is an affirmative defense to the crime of attempt. ⊚ ⊚

true false

12) A person may be convicted of conspiracy to commit a crime without an overt act in pursuance of that conspiracy proven to have been done by him or by a person with whom he conspired. ⊚ ⊚

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true false

13)

A person is guilty of crimes co-conspirators commit in furtherance of the conspiracy. ⊚ ⊚

true false

14) In United States v. Alvarez a majority of an en banc Fifth Circuit Court of Appeals concluded the smile and nod of the defendant, under the circumstances, was not sufficient evidence of his agreement to participate in the agreement. ⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 15) Which of the following characteristics apply to the indispensable element test?

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A) Under this test, a person is guilty of attempt when his or her conduct is extremely close to success, or when an act is so near to the result that the probability of success is very great. B) The factors which are used in this test to decide whether an attempt was accomplished are the closeness of a danger, the significance of the harm, and the level of apprehension felt by a potential victim. C) This test requires that a suspect must have done or omitted to do something that constitutes a needed act toward the commission of the substantive offense. D) Under this test, a suspect who has not yet gained control over a necessary instrumentality of the criminal plan cannot be guilty of attempt. E) According to this test, an attempted murder would not occur until the trigger had been pulled; an attempted arson would not occur until the fire had been set. F) Under this test, the perpetrator need not have advanced to the final step of a crime, but the conduct must be very close to the completed crime. G) Under this test, a person who purchases flammable materials and soaks rags in them could be convicted of attempted arson without his doing anything else, because the purchase, coupled with the act of soaking the rags, may be deemed sufficient to prove attempted arson. H) This test does not look at how close the defendant came to succeeding but at whether his or her conduct was indicative of his criminal intent. I) Under this test, a person planning a killing by shooting who has not obtained a gun, or a person planning arson who has not yet acquired the incendiary material necessary to start a fire, could not be held guilty for attempted arson. J) Under this test, an attempt occurs when a person has performed all of the acts that he or she believed were necessary to carry out the action that would constitute an underlying offense. K) Under this approach, an attempt has not been committed unless the accused has the immediate power to actually carry through with the crime at the time of the intervention of the police. L) Under this test, an attempt occurs when a person's conduct alone unambiguously manifests his or her criminal intent.

16)

Which of the following characteristics apply to the dangerous proximity test?

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17)

Which of the following characteristics apply to the last act test?

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18)

Which of the following characteristics apply to the substantial step test?

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19)

Which of the following characteristics apply to the physical proximity test?

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20)

Which of the following characteristics apply to the unequivocality test?

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MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 21) are criminal acts that are detected and punished before the ultimate or intended crime actually occurs.

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A) B) C) D)

Inchoate crimes Misdemeanors Completed crimes Felonies

22) Only after the of committing a crime is a person liable for criminal punishment under Anglo-American law.

A) B) C) D)

23)

In 1784, the English court first recognized the crime of attempt in the

A) B) C) D)

24)

second stage third stage fourth stage sixth stage

Rex v. Higgins case. People v. Orndorff case. Regina v. Eagleton case. Rex v. Scofield case.

Identify a true statement about abandonment as a defense to the crime of attempt.

A) Abandonment is a valid defense when the defendant ceases his or her actions out of fear for his or her life. B) Abandonment as a defense exists when the goal that an actor intended to achieve is not defined as criminal by law. C) Abandonment is a valid defense because the defendant was unable to carry out the attempt because of some logistical or technical reason. D) An argument against this defense is that it allows an actor to undo criminal plans by renunciation and avoid punishment.

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25) The crime of attempt requires a of the substantive crime.

A) B) C) D)

that, if carried out, would result in the commission

general intent to commit an act general hope of initiating a criminal act specific intent to commit an act specific intent to aid and abet

26) Under the MPC, the intent requirement can be met even though a defendant may not have desired or wanted a particular result, if it can be shown that the defendant acted with

A) a substantial certainty that a certain result would occur. B) the mens rea of recklessness, which essentially holds that "anything goes." C) the mens rea of negligence, which implies that the defendant was deliberately careless. D) a desire that a certain result would occur but was willing to accept an alternate outcome, even arrest.

27) The , established in the English case of Regina v. Eagleton, is no longer utilized because most lawmakers believe that a person does not have to take the very last step to be criminally culpable.

A) B) C) D)

indispensable element test last act test physical proximity test unequivocality test

28) Which of the following tests for attempt liability requires that a perpetrator perform all of the steps that he or she believed necessary to commit an intended offense?

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A) B) C) D)

the indispensable element test the unequivocality test the last act test the substantial step test

29) Under the , the perpetrator need not have advanced so far as the last act and an attempt has not been committed unless the accused has the immediate power to actually carry through with the crime at the time the police intervene.

A) B) C) D)

30)

indispensable element test last act test physical proximity test dangerous proximity test

Which of the following statements is true of the indispensable element test?

A) The focus is on whether an actor has the needed instruments to carry out an offense. B) The test requires that a perpetrator advance so far as the last act. C) The factors used for the test are closeness of a danger and significance of the harm. D) The test looks at whether a defendant's conduct was indicative of his or her criminal intent.

31) Under the , a person is guilty of attempt when his or her conduct is very close to succeeding at a crime.

A) B) C) D)

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substantial step test unequivocality test physical proximity test dangerous proximity test

32) Under the , a suspect who has not yet gained control over a necessary instrumentality of a criminal plan cannot be guilty of attempt.

A) B) C) D)

indispensable element test last act test physical proximity test dangerous proximity test

33) The is defined as a test that determines that an attempt has occurred when a person's conduct, standing alone, unambiguously manifests his or her criminal intent.

A) B) C) D)

substantial step test unequivocality test last act test physical proximity test

34) The MPC uses the , which requires that a suspect must have done or omitted to do something that constitutes an important and sizable stage in the commission of a substantive offense.

A) B) C) D)

substantial step test unequivocality test physical proximity test dangerous proximity test

35) Which of the following is a defense used when a person's intended end result constitutes a crime, but the actor does not complete the act that would have been a crime because of circumstances unknown to him or her or beyond his or her control?

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A) B) C) D)

36)

pure legal impossibility factual impossibility genuine legal impossibility legal impossibility

Cases of "hybrid" legal impossibility occur when

A) B) C) D)

the distinction between legal and factual impossibility fails. the reasons for punishing unsuccessful attempts apply to neither category. the distinction between legal and factual impossibility succeeds. a suspect acts without the intent to commit an offense.

37) In the context of defenses to attempt, a defendant sought to achieve as criminal.

A) B) C) D)

38)

exists when the law does not define the goal

"hybrid" legal impossibility pure legal impossibility factual impossibility legal impossibility

Abandonment is a valid defense when

A) the defendant has had a change of heart on his or her own because of a sincere belief that furtherance of the act is wrong. B) the defendant abandons the criminal plan because he or she was unable to carry out the attempt due to some logistical or technical reason. C) the defendant postpones the project until a better time arises to carry out the crime. D) the defendant abandons the criminal plan because law enforcement intervened.

39)

An argument against the abandonment defense is that it

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A) allows a defendant who sincerely renounces crime to escape liability. B) should regard timing as irrelevant, and people should be guilty at any stage of the criminal plan regardless of whether or not actions were taken to further that plan. C) currently applies only to involuntary renunciations. D) allows an actor to undo criminal plans by renunciation and avoid punishment, a possibility that may encourage persons to take preliminary steps toward a crime.

40)

Solicitation exists only if the crime solicited has been

A) B) C) D)

41)

inquired about. attempted. completed. agreed to.

Which of the following statements is true of the crime of solicitation?

A) Solicitation exists only if the crime solicited has not been completed, attempted, or agreed to. B) Solicitation was a general intent crime under common law and is still one under current statutes. C) If the person solicited attempts to commit a crime, then the solicitor alone is held criminally liable for the conspiracy. D) If the person solicited agrees to commit a crime, then the party solicited alone is held criminally liable for the conspiracy.

42) Which of the following terms can be defined as an agreement between two or more people to commit an unlawful act or acts or to do a lawful act unlawfully?

A) B) C) D)

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solicitation conspiracy facilitation tying arrangement

43) The crime of is said to exist as a necessary and important aid to law enforcement because secret enterprises threaten society and are extremely difficult to detect.

A) B) C) D)

solicitation conspiracy abandonment attempt

44) A person who conspires to commit a number of crimes is guilty of only one conspiracy so long as:

A) B) C) D)

Only one crime has been attempted or committed The crimes are later abandoned The crimes are a part of a single criminal episode The crimes are not crimes of violence

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 45) Name four of the six steps of the crime of intent.

46) Name and define three of the tests that have been used or are used to define a crime of intent.

47) The MPC gives several examples of conduct in your textbook that would be considered a substantial step toward the commission of a crime. Name four of these.

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48) Name three of the four types of impossibility that a defendant can use as a defense to the crime of attempt.

49)

Define abandonment as a defense to the crime of attempt.

50)

What elements comprise the crime of conspiracy?

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Answer Key Test name: Chap 05_5e 1) TRUE 2) TRUE 3) FALSE 4) FALSE 5) TRUE 6) FALSE 7) FALSE 8) TRUE 9) TRUE 10) FALSE 11) FALSE 12) FALSE 13) TRUE 14) FALSE 15) [D, I] 16) [A, B] 17) [E, J] 18) [C, G] 19) [F, K] 20) [H, L] 21) A 22) C 23) D 24) D 25) C 26) A Version 1

27) B 28) C 29) C 30) A 31) D 32) A 33) B 34) A 35) B 36) A 37) B 38) A 39) D 40) A 41) A 42) B 43) B 44) B 45) Answers should include any of the following. The actor • conceives of the idea of committing the crime. • evaluates the idea, considering whether or not to proceed. • forms the intention to go forward. • prepares to commit the crime, for example, by obtaining a gun. • commences commission of the offense. • completes his or her actions, achieving the goal.

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46) Answers can include any of the following: • Under the last act test, established in England in the case of Regina v. Eagleton, an attempt occurs when a person has performed all of the acts that he or she believed were necessary to carry out the action that would constitute the underlying offense. • Under the physical proximity test, the perpetrator need not have advanced so far as the last act, but the conduct must be "proximate" to the completed crime. • The dangerous proximity test incorporates the physical proximity test but is somewhat more flexible. Under this test, a person is guilty of attempt when his or her conduct is in dangerous proximity to success or when an act is so near to the result that the danger of success is very great. • Under the indispensable element test, a suspect who has not yet gained control over an indispensable instrumentality of the criminal plan cannot be guilty of attempt. • Under the unequivocality test, an attempt occurs when a person's conduct alone unambiguously manifests his or her criminal intent. • The substantial step test requires that a suspect must do or omit to do something that constitutes a substantial step in a course of conduct planned to culminate in the commission of a substantive offense.

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47) Answers could include any of the following: • Lying in wait, searching for, or following the contemplated victim of a crime • Enticing or seeking to entice the contemplated victim of a crime to go to a place being contemplated for its commission • Reconnoitering a place being contemplated for the commission of a crime • Unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed • Possession of materials that are to be employed in the commission of the crime and that are specially designed for such unlawful use or that can serve no lawful purpose of the actor under the circumstances • Possession, collection, or fabrication of materials to be employed in the commission of the crime, at or near the place contemplated for its commission, if such possession, collection, or fabrication serves no lawful purpose of the actor under the circumstances • Soliciting an innocent agent to engage in conduct constituting an element of the crime 48) Answers can include any of the following: • Factual impossibility • Legal impossibility • "Hybrid" legal impossibility • Genuine legal impossibility or pure legal impossibility 49) Abandonment, also called renunciation by the Model Penal Code (MPC), is an affirmative defense to the crime of attempt. It exists only if the defendant voluntarily and completely renounces his or her criminal purpose.

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50) A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one or more of them, will engage in conduct that constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commission of such a crime or of an attempt to commit such crime.

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CHAPTER 6 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) A defense can mean any set of identifiable conditions or circumstances that may prevent a conviction for an offense. ⊚ ⊚

true false

2) A defendant who has an honest but unreasonable belief that he or she was required to use force or that a certain level of force was necessary for self-protection can successfully use a selfdefense claim. ⊚ ⊚

true false

3) Most states, under the influence of the Model Penal Code (MPC), have adopted an act-atperil rule in which an actor can make the defense of others claim as long as he or she uses force based on what reasonably appears necessary. ⊚ ⊚

true false

4) Regarding the defense of habitation, nearly all jurisdictions allow the use of deadly force only when an actor believes that an intruder intends to injure the actor or another occupant and deadly force is necessary to repel the intrusion. ⊚ ⊚

true false

5) Mechanical devices such as warning alarms or electric fences may be used if they are reasonable and give adequate warning to an intruder that they exist. ⊚ ⊚

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true false

6) Use of deadly force by a private citizen is more restricted than for police officers, in part to prevent vigilantism. ⊚ ⊚

true false

7) Necessity as a defense can be successful in producing an acquittal as long as the harm produced is equal to the harm that would have occurred without the action. ⊚ ⊚

true false

8) The current trend in criminal law is to reduce rather than increase the age at which children can be held criminally responsible. ⊚ ⊚

true false

9) Necessity is a choice of evils created by natural threats or physical circumstances, whereas duress is a choice of evils created by human threats. ⊚ ⊚

10)

Intoxication results only from the ingestion of alcohol. ⊚ ⊚

11)

true false

Self-defense is universally recognized in American criminal law. ⊚ ⊚

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true false

12) Duress and necessity are closely connected and some states confusingly treat them as one. Unless the state has a statute defining the defense specifically as necessity it is not categorized as such ⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 13) Which of the following definitions apply to crime prevention and law enforcement?

A) This refers to the justified use of reasonable force by one who is not an aggressor, when the actor-defendant reasonably believed that it was necessary to defend against what the defendant reasonably perceived to be an unlawful and imminent attack upon the defendant's person. B) Every jurisdiction now recognizes this defense as a justification for committing a crime and even permits the use of deadly force if a defendant is able to prove the elements of the claim. C) Sometimes a person is faced with a choice between two courses of action, both of which will cause harm. If the actor chooses the lesser of the two, he or she can claim this defense. D) This defense is also known as the choice of evils, or the choice of lesser evils. E) The "notion that every Englishman's home was his last retreat from a hostile world" was at the root of this defense. F) There is some overlap between this justification and the defense of others. G) As this defense developed, persons who could be defended expanded to include others in the household and beyond, eventually even including strangers. H) The primary purpose of this defense is as it applies to sworn police officers in the exercise of their duties. I) Under this defense, a person is justified in using reasonable force to defend someone else when that person reasonably believes that the other person is in imminent danger of bodily harm from an unlawful aggressor and that the use of force is necessary to avoid the harm. J) Under this defense, unless the threat is against habitation, an actor is not justified in the use of deadly force.

14)

Which of the following definitions apply to defense of property or habitation?

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15)

Which of the following definitions apply to self-defense?

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16)

Which of the following definitions apply to defense of others?

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17)

Which of the following definitions apply to necessity?

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MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 18) Once a defendant has been charged with a criminal offense, the prosecutor has the burden of producing evidence and proving beyond a reasonable doubt the existence of the of criminal culpability.

A) B) C) D)

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two elements three elements four elements five elements

19) A(n) is a defense that, if proved, results in the acquittal of a defendant, even though the prosecutor has proved the defendant's guilt beyond a reasonable doubt.

A) B) C) D)

affirmative defense true defense excuse justification

20) When a defendant admits to the existence of all of the necessary legal elements for criminal liability but offers one or more legally recognized reasons why he or she should nonetheless be acquitted, it is called

A) B) C) D)

affirmative defense. true defense. an excuse. a justification.

21) A(n) is defined as a defense that, because of the circumstances, renders criminal conduct lawful and therefore exempts the actor from criminal sanctions.

A) B) C) D)

abandonment mitigating defense excuse justification

22) A(n) is defined as a defense in which a criminal actor has committed an unjustified crime, but there is a reason for not holding him or her personally accountable for it.

A) B) C) D)

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defense based on consent defense based on protection of others defense based on excuse defense based on necessity

23) A defendant must prove the defense.

in order to be acquitted of a crime because of self-

A) necessity of using force (including the use of deadly force only to prevent imminent and unlawful use of deadly force by the aggressor) B) reasonableness of the belief that force was necessary C) proportionality of the force to the threat (i.e., the level of force used in self-defense cannot be excessive in light of the level of force threatened) D) All of the answers are correct.

24)

In which of the following cases can a defendant use the abuse defense?

A) B) C) D)

25)

The defendant hired another individual to kill the claimed abuser. The defendant used deadly force to protect his or her property from an attack. The defendant tried to survive within a turbulent violent urban area. The defendant protected another person from being attacked by a mob.

A problem with recognizing the right to prevent harm to another as a defense is

A) determining the category of assailants who can be stopped and identifying situations in which the persons defended are strong enough to defend themselves. B) determining the category of crimes that should be prevented and identifying situations in which the assailants should be treated with lethal force. C) determining the ways in which the police could better handle a situation and identifying situations in which the assailant's rights could be violated. D) determining the category of persons who can be assisted and identifying situations in which the person defended did not have a legal right to act in self-defense.

26) Subject to retreat provisions, the Model Penal Code (MPC) establishes that for the defense of another to be asserted in situations involving third-party protection, .

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A) an actor must prove that he or she had used verbal threats prior to the use of force B) an actor must believe that his or her action was necessary for the protection of the third person C) an actor must retreat before using force to protect the third person D) an actor needs to show that a legitimate relationship existed between him or her and the third person

27) The Model Penal Code (MPC) provides that an individual can use nondeadly force to protect his or her property if

A) the force is immediately necessary to protect the property. B) the property owner is in possession of the property in question or is acting on behalf of someone who is in possession of the property. C) another person's interference with the property is unlawful. D) None of the answers is correct.

28) The Model Penal Code (MPC) requires that a device maintain nondeadly mechanical devices.

A) B) C) D)

in order for a person to

be designed to cause or create a substantial risk of death or serious injury carry automatic ammunition and have a shroud be unreasonable under the existing circumstances be customarily used for the purpose of protection

29) Which of the following statements is true of defenses related to crime prevention and law enforcement?

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A) A police officer is unauthorized to use force to stop a suspect from harming him or her. B) A private citizen is authorized to make arrests under the common law rule. C) A private citizen acting on his or her own can use deadly force to prevent an escape. D) A police officer is more restricted in his or her use of deadly force than is a private citizen.

30) According to the Model Penal Code (MPC) provisions, an officer or private citizen may not use deadly force to prevent the commission of a crime unless he or she believes that there is

A) a possible risk that the suspect will cause death or serious bodily injury to another person unless prevented from doing so and the use of deadly force presents only possible substantial risk to bystanders. B) a substantial risk that the suspect will cause death or serious bodily injury to another person unless prevented from doing so and the use of deadly force presents no substantial risk to bystanders. C) a substantial risk that the suspect will cause death or serious bodily injury to another person unless prevented from doing so and the use of deadly force presents risk to no more than two bystanders. D) a risk that the suspect may cause death or serious bodily injury to another person unless prevented from doing so and the use of deadly force presents minimal substantial risk to bystanders.

31) The Model Penal Code's (MPC's) version of the necessity defense applies only to situations where an actor

A) B) C) D)

32)

kills one person to save another. makes a choice between equal evils. acts to save himself at the expense of another. kills a person to save several others.

The Model Penal Code (MPC) provides that consent is a defense if

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A) a victim is legally incompetent to authorize consent. B) consent is given by someone whose improvident consent is sought to be prevented by the law defining the offense. C) such consent negates an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining such an offense. D) consent is given by a person who is unable to make a reasonable judgment.

33)

An excuse defense is one in which

A) an actor's conduct is criminal but the actor is not held morally or legally culpable. B) an actor is not able to offer a valid excuse for his or her behavior but is still not morally or legally culpable. C) an act is such that the actor's role in the conduct is rendered lawful. D) the focus is on an act and not on the actor.

34) The defense of is defined as a defense in which a person, faced with a choice between two courses of action, chooses the lesser of evils, as long as the harm produced is less than the harm that would have occurred without the action.

A) B) C) D)

necessity incompetence mistake abandonment

35) One circumstance in which a defendant claiming the intoxication defense, even when he or she voluntarily became intoxicated, can be acquitted is if

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A) he or she did not have the specific state of mind that is required to be criminally culpable for the crime. B) intoxication caused temporary memory loss that made the defendant insane during the criminal act. C) he or she is physically addicted to drugs or alcohol. D) he or she did not have a correct understanding of his or her alcohol tolerance level.

36)

Usually, voluntary intoxication constitutes

A) B) C) D)

37)

Coerced intoxication Intoxication by innocent mistake Pathological intoxication Intoxication by addiction

The sanity of an accused cannot be determined by the

A) B) C) D)

39)

negligence recklessness gross negligence civil recklessness

is NOT recognized as involuntary intoxication.

A) B) C) D)

38)

for mens rea purposes.

in the United States.

M'Naghten (right-wrong) test federal test product test American Law Institute test

Identify a true statement about the diminished capacity defense.

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A) An accused person can use this defense as a complete, affirmative defense in support of an insanity defense. B) A prosecutor can use this defense to prove the mens rea element of a crime when there is a lack of adequate proof for conviction. C) It allows a defendant to use a mental condition to negate specific intent in order to escape criminal punishment completely. D) It is used as a true partial responsibility defense in some states and is limited to use as a basis for mitigating an offense from murder to manslaughter.

40)

is NOT a specialized extrinsic defense.

A) B) C) D)

41)

The statute of limitations A defendant's incompetence to stand trial Diplomatic immunity Abandonment

United States v. Contento-Pachon is a classic

A) B) C) D)

case.

Necessity Duress Abandonment Conspiracy

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 42) Name and define the two most important categories of true defenses.

43) Name the four situations in which law enforcement officers are authorized to use nondeadly force. Version 1

44) Under common law, a person is justified in violating a criminal law if six elements are present. Name four of these.

45)

Name four of the major legal excuses.

46) Name three of the five circumstances in which the defense of duress may be successfully used by an actor.

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Answer Key Test name: Chap 06_5e 1) TRUE 2) FALSE 3) FALSE 4) FALSE 5) TRUE 6) TRUE 7) FALSE 8) TRUE 9) TRUE 10) FALSE 11) TRUE 12) TRUE 13) [F, H] 14) [E, J] 15) [A, B] 16) [G, I] 17) [C, D] 18) D 19) B 20) A 21) D 22) C 23) D 24) C 25) D 26) B Version 1

27) A 28) D 29) B 30) B 31) D 32) C 33) A 34) A 35) A 36) B 37) D 38) C 39) D 40) D 41) B 42) The two most important categories of true defenses are justification and excuse. A defense based upon justification renders conduct lawful even if the conduct would otherwise constitute a violation of the criminal law. A defense is based upon excuse when an actor has violated a criminal statute but there is a reason for not holding him or her personally accountable. The excuse negates (takes away) the moral and legal culpability of the actor. Today, justified and excused actors are treated the same by the criminal justice system.

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43) Law enforcement officers are allowed to use nondeadly force • to stop and arrest someone who is committing or who has committed a crime, • to prevent an escape from custody by someone subject to arrest or who has been arrested, • to prevent the commission of a crime, • to suppress riots and disorders. 44) Answers may include any of the following six elements: • The actor must be faced with a clear and imminent danger. • The actor must expect, as a reasonable person, that his or her action will be effective in abating the danger sought to be avoided. • The actor may not successfully claim the defense if there is an effective legal alternative available. • The harm caused must be less than the harm avoided. • The legislature in the state must not have decided the balancing of the choice and legislated against it. • The actor must not have wrongfully placed himself or herself in the situation that requires the choice of evils.

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45) Answers can include any of the following: • Age/infancy of the actor • Duress • Intoxication • Insanity • Diminished capacity • Mistake • Entrapment "Various specialized defenses," although named in the text, is not a valid answer because it is not a specific defense. 46) Answers can include any of the following: • Another person must threaten to seriously injure or kill the actor or a third person (especially a close relative) unless the actor commits the crime. • The actor must reasonably believe that the threat is real. • The threat must be immediate or imminent at the time the actor commits the crime. • There must be no reasonable means of escape from or avoidance of the threat other than for the actor to commit the crime. • The actor must not be at fault in exposing himself or herself to the threat. Some jurisdictions that do not recognize duress as a complete defense for intentional killing will allow it to reduce the crime from murder to manslaughter.

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CHAPTER 7 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) Parole is the suspension of a sentence of incarceration, allowing the offender to return to the community with conditions under the supervision of a probation officer. ⊚ ⊚

true false

2) According to the retributive rationale for punishment, criminals deserve punishment because they violate social norms. ⊚ ⊚

Punishment is meted out exclusively through the criminal justice system or the law. ⊚ ⊚

true false

Punishment is relative. ⊚ ⊚

true false

5) General deterrence is the effect that the imposition of punishment on the wrongdoer will have in causing him or her to refrain from repeating the act. ⊚ ⊚

true false

6) When Voters in California modified the three strikes rule in 2012 to restrict its coverage and to introduce more flexibility in its application; the change did not apply to offenders retroactively. ⊚ ⊚

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true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 7) Which of the following characteristics of philosophy apply to individual deterrence?

A) A wrongdoer deserves punishment B) A social practice is desirable if it promotes human happiness better than other possible alternatives C) "Just deserts" D) A by-product of punishment that has the result of a criminal no longer desiring to commit crimes and instead becoming a useful citizen E) The greatest good for the greatest number F) A possibly beneficial consequence of punishment is that it satisfies victims, their families and friends, and members of the public G) The effect that punishment of the offender will have in causing other people in the community to refrain from committing the same crime H) The use of counseling, education, and/or job training to make a criminal wish to stop committing criminal acts I) "An eye for an eye" J) When the imposition of punishment on a wrongdoer causes him or her to refrain from repeating the act

Which of the following characteristics of philosophy apply to utilitarian justification?

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Which of the following characteristics of philosophy apply to vengeance?

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10)

Which of the following characteristics of philosophy apply to retributive justification?

11)

Which of the following characteristics of philosophy apply to general deterrence?

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12)

Which of the following characteristics of philosophy apply to reform?

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MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 13) Which of the following is a justification for punishment based on the theory that a wrongdoer deserves punishment for punishment's sake?

A) B) C) D)

14)

The simplest retributive justification is that

A) B) C) D)

15)

the incapacitation justification the retributive justification the utilitarian justification the rehabilitative justification

jurors have decided someone's punishment. it is the will of the community at large. people will not learn unless punished. one who has violated the rights of others should be penalized.

The utilitarian justification is based on Jeremy Bentham's test for

A) B) C) D)

moral desirability of an act or social practice. hedonistic calculus. economic balance of forces. determining ultimate culpability.

16) The is best defined as a justification for punishment based on the theory that a social practice is desirable if it promotes the greatest good for the largest number of people.

A) B) C) D)

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incapacitation justification rehabilitative justification retributive justification utilitarian justification

17) Which of the following is defined as a sentencing system that abolishes parole boards and creates presumptive sentencing ranges for various classes of offenses, thereby limiting trial judges' discretion?

A) B) C) D)

18)

indeterminate sentencing mandatory sentencing determinate sentencing habitual-felon sentencing

is NOT a principle feature of indeterminate sentencing systems.

A) B) C) D)

The grant of great discretion to the trial judge to fashion a sentence Sentences based on information obtained in a sentencing hearing after conviction The U.S. and the state senate's interventions A parole board

19) The effect that punishment of the offender will have in causing other people in the community to refrain from committing the same crime is called

A) B) C) D)

individual deterrence. retribution. general deterrence. incapacitation.

20) The effect that the imposition of punishment on the wrongdoer will have in causing him or her to refrain from repeating the act is called

A) B) C) D)

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retribution. incapacitation. general deterrence. individual deterrence.

21) Which of the following terms is defined as the removal or restriction of freedom of those who have violated criminal laws, usually by imprisonment?

A) B) C) D)

zero tolerance incapacitation general deterrence restorative justice

22) As a by-product of punishment, is sought so the offender will no longer desire to commit crimes and will be a productive citizen.

A) B) C) D)

23)

incapacitation rehabilitation deterrence retribution

Imposition of punishment in the context of "an eye for an eye" is called

A) B) C) D)

deterrence. res gestae. vengeance. mens rea.

24) Which of the following terms is defined as laws that impose maximum penalties for certain crimes, such as particular sex offenses?

A) B) C) D)

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three-strikes laws zero tolerance habitual-felon laws restorative justice

25) With the rise of determinate sentencing systems and mandatory sentences, the prison population has

A) B) C) D)

exploded. shrunk. contracted. slowed.

26) The suspension of a sentence of incarceration, allowing an offender to return to the community with conditions set by the court, is known as

A) B) C) D)

probation. community monitoring. banishment. parole.

27) Which of the following terms is defined as the release of an offender from incarceration prior to the expiration of the full term of incarceration, to carry out the rest of the sentence with conditions under the supervision of a corrections officer?

A) B) C) D)

28)

probation restorative justice parole rehabilitation

Restorative justice techniques do NOT include

A) B) C) D)

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sentencing circles. longer incarceration. offender mediation. citizen panels.

29)

is a hallmark of the utilitarian theory of punishment.

A) B) C) D)

Regret Penitence Vengeance All of the answers are correct.

30) Punishment in the criminal justice system occurs when an agent of the government intentionally

A) causes a convicted individual to forfeit family ties and friendships and embark on a lengthy period of spiritual penitence. B) scares a convicted individual into thinking that his or her sentence will be much longer than it actually is. C) gives a convicted individual the option of suffering either physically or emotionally for a given period of time. D) inflicts pain on a convicted individual or otherwise causes him or her to suffer some consequence that is ordinarily considered to be unpleasant.

31) In Weems v. United States, the Supreme Court, in a noncapital case, found implicit in the concept of cruel and unusual punishment the principle of

A) B) C) D)

capital punishment. equal justice. proportionality. None of the answers is correct.

32) The simplest retributive justification is that one who has violated the rights of others should be

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A) B) C) D)

given a chance to reform. penalized. given a punishment identical to the crime. publicly made an example.

33) Which of the following was the goal of Jeremy Bentham's test for moral desirability of an act or social practice?

A) B) C) D)

the greatest good for the greatest number an eye for an eye to maintain existing social hierarchies vengeance

34) of an offender can be sought as a by-product of punishment so that he or she would no longer desire to commit crimes and will be a useful citizen.

A) B) C) D)

Incarceration Reform Parole Probation

35) Vengeance, a hallmark of the utilitarian theory of punishment, can be seen as a beneficial consequence because it satisfies

A) B) C) D)

victims. families and friends of the victims. members of the public. All of the answers are correct.

36) An intolerance for repeat offenders has resulted in , which impose sentences of 25years-to-life for those convicted of certain serious offenses three different times.

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A) B) C) D)

one-strike laws zero tolerance laws three-strikes laws felony murder rules

37) Which of the following is defined as a process through which all the parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense and its implications for the future?

A) B) C) D)

restorative justice rehabilitation recidivism reintegrative shaming

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 38) Name and briefly explain the two justifying theories of punishment that underlie modern criminal law.

39)

Explain indeterminate sentencing.

40)

Explain sentencing guidelines.

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41)

State when the death penalty cannot be imposed.

42)

Explain the two versions of the philosophy of retributive justification.

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Answer Key Test name: Chap 07_5e 1) FALSE 2) TRUE 3) FALSE 4) TRUE 5) FALSE 6) FALSE 7) [J] 8) [B, E, H] 9) [C, F, I] 10) [A] 11) [G] 12) [D] 13) B 14) D 15) A 16) D 17) C 18) C 19) C 20) D 21) B 22) B 23) C 24) B 25) A 26) A Version 1

27) C 28) B 29) C 30) D 31) C 32) B 33) A 34) B 35) D 36) C 37) A 38) The two justifying theories of punishment underlying modern criminal law are the retributive justification and the utilitarian justification. The retributive justification states that a wrongdoer deserves punishment. The utilitarian justification assumes that a social practice is desirable if it promotes human happiness better than other social practices. The basic hallmarks of the utilitarian view are general deterrence, individual deterrence, reform, and vengeance. 39) Indeterminate sentencing grants the trial judge great discretion and allows correctional authorities to release a prisoner before completion of the maximum sentence imposed by the judge once rehabilitative goals are achieved. 40) They are a set of standards for sentencing that judges in a determinate sentencing system must or may follow, such standards having been set by a commission legislatively established for that purpose.

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41) The death penalty cannot be imposed when doing so would violate the cruel and unusual punishment clause of the Eighth Amendment of the United States Constitution, particularly in cases involving 1) a nonkiller accomplice to a felony murder, 2) juveniles, 3) a person who is mentally retarded, or 4) a crime that does not involve the taking of life. 42) Retributive justification states that one who has violated the rights of others should be penalized. Punishment restores the moral order breached by the original wrongful act; therefore, society's duty is to punish. Punishment of the deserving honors free will. A second approach is that criminals deserve punishment because they violate social norms. By avoiding questions of morality, this theory fits better with modern approaches to criminal punishment. It also does not impose on public officials the impossible task of deciding subtle degrees of moral guilt.

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CHAPTER 8 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) An essential element distinguishing murder from manslaughter is malice aforethought. ⊚ ⊚

A feticide can be defined as an abortion performed before viability is reached. ⊚ ⊚

true false

Under modern American law, both suicide and attempted suicide are crimes. ⊚ ⊚

true false

4) In order for a defendant to be held criminally responsible for causing the death of another human being, the victim must be alive at the time of the defendant's actions. ⊚ ⊚

true false

5) Courts have determined that complications such as medical malpractice and the intervening criminal acts of others are foreseeable consequences of subjecting an innocent victim to injury. ⊚ ⊚

true false

Mitigating defenses can reduce murder charges to an acquittal. ⊚ ⊚

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true false

7) Malice aforethought is not a single state of mind, but five distinct states of mind that sometimes overlap. ⊚ ⊚

true false

8) Malice aforethought is a special legal term that refers to the actus reus element of murder at common law. ⊚ ⊚

true false

9) Under common law definitions and the current laws of many states, express malice occurs when an actor causes death without intending to kill. ⊚ ⊚

true false

10) In virtually all cases, courts will find felony murder liability if death was a foreseeable outcome in carrying out the felony. ⊚ ⊚

true false

11) One way that second-degree murder can be elevated to first-degree murder is by premeditation and deliberation, which implies a cold-blooded killer who plans and plots to end the life of another. ⊚ ⊚

12)

true false

All homicides are criminal. ⊚ ⊚

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true false

13) Voluntary manslaughter is an intentional, unlawful killing of a human being without malice aforethought. ⊚ ⊚

true false

14) None of the states holds a private citizen liable for the death of a victim if the citizen mistakenly uses deadly force. ⊚ ⊚

15)

true false

An intentional killing does not include killing by means of poison. ⊚ ⊚

true false

16) As of January 1, 2019 the California felony murder rule was modified so that the rule could be used on someone who displayed reckless indifference to human life or if the homicide victim is a law enforcement officer. ⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 17) Which of the following characteristics apply to felony murder?

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A) Any killing done with the intent to kill B) A charge of murder with the maximum punishment of death, which is usually only applicable to murder in the first degree C) A killing in which the individual kills (with the intent to kill) spontaneously or impulsively, rather than after deliberation or reflection D) A killing in which the killer was serving a life sentence in prison E) A killing that occurred during an attempt to escape lawful custody F) An actor is guilty of this crime if he or she causes an unintentional killing while acting in a nonwantonly reckless manner, which is defined as creating a high and unreasonable risk of death or great bodily harm G) An actor is guilty of this crime if he or she causes an unintentional killing while acting in a criminally negligent manner H) A killing in which the person killed was a police officer or prison guard I) A type of murder in which an actor carries murder liability for all deaths that occurred as a result of felony participants perpetrating, attempting, or fleeing the felony J) Any killing accomplished when the actor intends to maim or seriously injure the victim, even if the accused did not intend to kill the victim K) If a person had the intent to kill or cause great bodily harm under one (or any combination) of the following circumstances: provocation, imperfect self-defense (mistaken justification), or diminished mental capacity L) Although the person accused for this crime had intent to kill or cause great bodily harm, the law recognizes certain circumstances as negating (taking away) those guilty states of mind

18)

Which of the following characteristics apply to murder?

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19)

Which of the following characteristics apply to capital murder?

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20)

Which of the following characteristics apply to first-degree murder?

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21)

Which of the following characteristics apply to involuntary manslaughter?

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22)

Which of the following characteristics apply to second-degree murder?

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23)

Which of the following characteristics apply to voluntary manslaughter?

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MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 24) A(n) is NOT an example of homicide.

A) B) C) D)

25)

suicide performed by a terminally ill patient state's execution of a convicted serial killer accidental death caused by an automobile driver striking a pedestrian on a rainy day death intentionally caused by a serial killer

Feticide differs from legal abortions in that feticide

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A) is generally protected by the mother's right to privacy until the fetus is viable. B) requires the mutual consent of both parents before the procedure is performed. C) is liable for prosecution as a criminal homicide irrespective of the developmental stage of the fetus. D) is performed on a viable fetus and the mother's health should not be at risk.

26) Which of the following is a stage of fetal development that determines the type of fetal homicide?

A) B) C) D)

27)

conception seven to eight weeks after conception viability All of the answers are correct.

According to the corpus delicti requirement,

A) the prosecution can use the defendant's statements or confession alone to prove that a crime has been committed B) evidence alone cannot determine guilt without some statement or confession from the defendant C) the prosecution cannot use the defendant's statements or confession alone to prove that a crime has been committed D) there must be proof that the victim died, but it need not be as a result of the accused person's criminal act

28) Which of the following is an example of an involuntary condition that would exclude an actor from criminal liability?

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A) disregarding advice from doctors by driving or operating dangerous equipment knowing that he or she is subject to heart failure or epilepsy B) deaths to others that occur while the actor is unconscious (for instance, suffering from a heart attack or epileptic seizure) C) knowingly driving while sleepy D) knowingly drinking to the point of passing out

29) The determination of a defendant's mental state at the time of the killing can sometimes be difficult to establish because

A) it must be determined before the act takes place. B) the defendant's state of mind can only be established through a personal understanding of the defendant's mind. C) the defendant's state of mind can only be established by circumstantial evidence. D) it must be made at the time of the crime by either a witness or by the defendant's statement or confession.

30) The Model Penal Code (MPC) does NOT include homicide.

A) B) C) D)

31)

as a category of criminal

feticide manslaughter murder negligent homicide

Typical criminal homicide motives do NOT include

A) B) C) D)

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fear. jealousy. financial gain. revenge.

32)

The time limit imposed by the year-and-a-day rule is a(n)

A) B) C) D)

of criminal liability.

partial defense felony murder rule mitigating circumstance absolute rule

33) According to the , a defendant will be held criminally liable for a death if the other elements of criminal homicide are met, and if without the defendant's conduct the victim would not have died at that point in time.

A) B) C) D)

substantial factor test "but for" test absolute rule felony murder rule

34) An applicable example of the is a drive-by shooting in which three perpetrators shoot the same victim. If medical records demonstrate that bullets from all three guns struck vital organs while the victim was still alive, each shooter may be held liable for causing the victim's death.

A) B) C) D)

35)

absolute rule substantial factor test felony murder rule but for test

In general, it is accepted that lethal force is justified

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A) B) C) D)

36)

for the prevention of a crime, including crimes other than murder. for the sole purpose of protecting property. for the sole purpose of protecting habitation. in the defense of human life.

The various types and degrees of homicide include

A) B) C) D)

murder. voluntary manslaughter. involuntary manslaughter. All of the answers are correct.

37) The common law felony murder rule created murder liability for all deaths that occurred as a result of the felony participants' the felony.

A) B) C) D)

38)

Potential victims of felony murder do NOT include

A) B) C) D)

39)

perpetrating attempting fleeing All of the answers are correct.

non-law enforcement persons attempting to rescue the victim. all co-felons. the intended victim of the underlying felony. the principal actor of the crime.

Identify a true statement about the felony murder rule.

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A) B) resulted. C) killings. D)

Under this rule, the prosecution has the burden of proving specific intent to kill. The rule applies as long as there was an intent to commit the felony and a death In modern jurisdictions, the rule is inapplicable to unintentional or unintended The rule excludes felonies classified as inherently dangerous.

40) A defendant who consciously disregards a substantial and unjustifiable risk that criminal harm will occur is acting

A) B) C) D)

41)

Which of the following can be classified as an inherently dangerous felony?

A) B) C) D)

42)

recklessly. negligently. with implied malice. with express malice.

possession of marijuana for personal use residential burglary bullying of juveniles driving while intoxicated

Many states divide murder into degrees based on

A) B) C) D)

the severity of the crime. the level of culpability of the accused. special circumstances under which the killing was committed. All of the answers are correct.

43) is defined as a charge of murder with the maximum punishment of death, often called murder in the first degree.

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A) B) C) D)

44)

Voluntary manslaughter Felony murder Capital murder Involuntary manslaughter

To establish premeditation and deliberation, many modern courts require

A) a brief moment of thought that does not imply any particular duration of thought or consideration. B) a lengthy and clearly-established period of actual reflection. C) no period of actual reflection. D) a reasonable period of time of deliberation.

45) Whether the accused should NOT be considered when jurors evaluate prior calculation and design in a first-degree murder.

A) and the victim were on bad terms with each other or had a strained relationship B) had any history of mental illness C) knew the victim before the killing D) gave careful thought and preparation to the weapon used and to the place where the killing occurred

46) Which of the following circumstances constitute murder in the first degree in numerous states?

A) B) C) D)

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when the person killed, was a family member of the accused when the killing occurred during a bank robbery when the person killed, was a police officer or prison guard All of the answers are correct.

47) Under the common law rule, which still exists in some jurisdictions, a provocation defense required the accused to show that

A) the killing was caused by legally sufficient provocation. B) the provocation was to such a degree as would cause a person of reasonable ordinary temperament to lose normal self-control. C) he or she acted in the heat of passion. D) All of the answers are correct.

48)

cannot be used to justify a reduction of a charge from murder to manslaughter.

A) B) C) D)

Imperfect self-defense Diminished mental capacity Provocation Implied malice

49) At common law, which of the following constitutes legally sufficient provocation for an accused to claim a heat of passion defense?

A) B) C) D)

infidelity of a spouse vile or abusive verbal insults a blasphemous act serious injury to a distant relative

50) Which of the following terms is defined as a criminal homicide that encompasses a killing done without intent to kill, and without such indifference to human life as to constitute implied malice, as a result of criminally negligent conduct on the part of the defendant?

A) B) C) D)

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Involuntary manslaughter Justifiable homicide Capital murder Voluntary manslaughter

51) is NOT an accurate definition of the behavior needed to be guilty of involuntary manslaughter.

A) B) C) D)

Criminally negligent conduct Culpable negligence A nonwantonly reckless manner Mere negligence

52) is defined as a criminal homicide committed by a person who has neglected to exercise the degree of care that an ordinary person would have exercised under the same circumstances.

A) B) C) D)

Negligent homicide Reckless homicide Voluntary manslaughter Homicidal misconduct

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 53) Name the five elements of criminal homicide.

54) Name the four mental states that are used under modern law to define malice aforethought.

55)

Give three examples of inherently dangerous felonies that are listed in your text.

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56)

Name the three circumstances in which murder in the first degree is committed.

57) Under common law, what were the five types of legally sufficient provocation that the accused could claim for a successful "heat of passion" defense?

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Answer Key Test name: Chap 08_5e 1) TRUE 2) FALSE 3) FALSE 4) TRUE 5) TRUE 6) FALSE 7) TRUE 8) FALSE 9) FALSE 10) TRUE 11) TRUE 12) FALSE 13) TRUE 14) FALSE 15) FALSE 16) TRUE 17) [I] 18) [A, J] 19) [B] 20) [D, E, H] 21) [F, G] 22) [C] 23) [K, L] 24) A 25) D 26) D Version 1

27) C 28) B 29) C 30) A 31) A 32) D 33) B 34) B 35) D 36) D 37) D 38) D 39) B 40) A 41) B 42) D 43) C 44) D 45) B 46) C 47) D 48) D 49) A 50) A 51) D 52) A

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53) The five basic elements of criminal homicide are • an act or omission. • that causes the death. • of another human being. • with criminal intent and • without lawful justification or excuse. 54) Malice aforethought can be found in any one of the following mental states: • The specific intent to kill another human being • The intent to inflict grievous bodily injury or harm upon another • The intent to act in a manner that shows extreme reckless disregard for the value of human life • The intent to commit a felony that results in the death of another human being. 55) Answers may include any of the following: • Residential burglary • Arson • Rape • Robbery • Kidnapping • Forcible sodomy • Escape from lawful custody • Sexual abuse of children

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56) Murder in the first degree is committed under the following circumstances: • An intentional killing aggravated by premeditation and deliberation • An unintentional killing committed by poison, torture, ambush, or bomb • A killing occurring during the commission of specifically enumerated or inherently dangerous felonies (according to the felony murder rule) 57) Legally sufficient provocation was limited to the following categories: • Harmful battery • An assault with the intent to kill or seriously injure • Infidelity of a spouse • Serious injury to a close relative • A known illegal arrest Only the fifth category is no longer used today.

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CHAPTER 9 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) The actus reus of mayhem is satisfied when a defendant makes a movement with his body or with a weapon that indicates future harm. ⊚ ⊚

true false

2) Although mere words are usually not enough to charge a person with assault, words accompanied by some movement may be sufficient. ⊚ ⊚

true false

3) An accused needs to pos-sess a specific intent to inflict bodily injury or an offensive touching in order to be guilty of battery. ⊚ ⊚

When force is used, consent is typically a key issue. ⊚ ⊚

true false

Rape is a specific intent offense. ⊚ ⊚

true false

6) It is critical that rape victims do not shower until they have been properly examined by medical personnel. ⊚ ⊚

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true false

7) Megan's Law requires community notification by authorities when a convicted sex offender is released from prison. ⊚ ⊚

true false

8) In any jurisdiction where feticide is not defined as homicide, the terms criminal abortion and feticide can be used interchangeably. ⊚ ⊚

Child abuse often takes place in the home. ⊚ ⊚

10)

true false

Spousal abusers are often drunk at the time of their offenses. ⊚ ⊚

true false

11) Elder abuse, which is the abuse, neglect, or financial exploitation of elderly persons, usually occurs in the home. ⊚ ⊚

12)

true false

Under common law, kidnapping was a serious major felony. ⊚ ⊚

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true false

13) The National Crime Victimization Survery (NCVS) reports statistics of sexual assault victims of all ages. ⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 14) Which of the following characteristics apply to mayhem?

A) The actusreus is satisfied when a defendant makes a movement with his or her body or with a weapon that indicates future harm B) Violently depriving another of the use of such of his members, as may render him the less able in fighting, either to defend himself, or to annoy his adversary C) An attempt to batter or conduct that is threatening or menacing D) The infliction of a permanent injury upon a victim that disables a limb or an eye E) The unlawful application of force that actually and intentionally causes the touching of another person against his or her will F) In some states, it is defined as an injury that causes "grievous bodily harm" and, often, specific types of disfigurement within a prohibited injury G) A mental state of either the intent to injure, with criminal negligence or (in some jurisdictions) the intent to injure while committing an unlawful act H) Direct application of force I) When the infliction of prohibited injuries can be characterized as "dismemberment, disablement, or disfigurement" J) Behavior that frightens a victim and would reasonably cause an average person to fear physical injury

15)

Which of the following characteristics apply to battery?

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16)

Which of the following characteristics apply to assault?

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MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 17) The is an element of battery.

A) B) C) D)

actor's mental state actor's conduct of touching or applying force to the victim harm done to the victim All of the answers are correct.

18) In order for a defendant to be guilty of battery, not only must he or she intend to cause harmful or offensive touching, but he or she must

A) B) C) D)

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intentionally scare the victim. threaten the victim. actually cause such a result to the victim. annoy the victim.

19) Which of the following is defined as an assault with intent to kill, rob, or rape, or assault with specified deadly weapons?

A) B) C) D)

conditional assault manslaughter aggravated assault criminal homicide

20) For a defendant to be criminally culpable of assault, he or she only needs to take some action like

A) B) C) D)

21)

waving a fist randomly at a crowd of people. making a fist and waving the arm while walking toward a victim. waving an arm and running around shouting in a crowd of people. making a fist and punching a hole in a nearby wall.

is a felony in most jurisdictions.

A) B) C) D)

Aggravated assault Conditional assault Aggravated battery Simple assault

22) Because of the origins of the crime of , it has outlived its purpose and is being gradually eliminated from American criminal law.

A) B) C) D)

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aggravated battery conditional assault statutory rape mayhem

23) In general, rape is sexual intercourse by a male defendant with a female victim that is committed

A) B) C) D)

in public. by means of some specific forms of deception. for payment. All of the answers are correct.

24) For the successful prosecution of rape, the common law did NOT require proof that the victim

A) B) C) D)

25)

was not married. was of chaste character. could provide corroboration. made a fresh complaint.

A wife who has been a victim of spousal rape can sue her husband in civil court for

A) B) C) D)

pain incurred as a result of spousal rape. suffering incurred as a result of spousal rape. medical costs incurred as a result of spousal rape. All of the answers are correct.

26) The police should provide rape victims with various resources that can assist in his or her recovery, such as

A) B) C) D)

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counseling centers. names of other victims. rehabilitation centers. rape survivor support groups.

27)

Which of the following is NOT a true statement about child molestation?

A) Sexual abuse of children often goes undetected. B) A parent may not be inclined to push the issue because of the relation to the molester. C) Megan's Law has now been adopted in all 50 states of the United States. D) Child molesters rarely recidivate and often go on to lead noncriminal lives after incarceration.

28) Which of the following is NOT a common reason why sexual abuse of children often goes undetected or unreported?

A) B) C) D)

The molestation stops, so the child decides not to talk about it. The molester has told the child not to talk about what happened. The children may not be willing to talk about it with another adult. The molester has threatened further harm to the child if he or she tells.

29) Which of the following is a statute that has been enacted in all 50 states of the United States that requires community notification by authorities when a convicted sex offender is released from prison?

A) B) C) D)

Pamela's Law the Volstead Act Megan's Law the Coogan Act

30) is defined as the artificially induced expulsion of a fetus by illegal means, such as spousal abuse.

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A) B) C) D)

31)

Child abuse can include

A) B) C) D)

32)

, that parent will be punished by the child abuse laws.

an observer of abuse but fails to intervene hears rumors about abuse but fails to act a neighbor of the child being abused the former spouse of the current abuser

is NOT a form of child neglect.

A) B) C) D)

34)

emotional torment. sexual molestation. physical abuse. All of the answers are correct.

If a parent is

A) B) C) D)

33)

Negligent homicide Manslaughter Criminal abortion Miscarriage

Throwing an object at a child Leaving a young child alone Residing with a child in an unsanitary home Denying a child proper nutrition

Which of the following is an example of emotional maltreatment?

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A) B) C) D)

35)

raping a person using some form of deception berating a child for his or her appearance hitting and restraining an elderly person aborting a viable fetus by illegal means

is a form of spousal abuse.

A) B) C) D)

Beating a parent's spouse Talking sternly but calmly to a female friend Abusing one's partner in a homosexual relationship Abusing a 15-year-old

36) Which of the following is defined as a defense in many jurisdictions in which the victim of abuse eventually "snaps" and kills the abuser?

A) B) C) D)

37)

the emotional maltreatment defense the battered woman syndrome defense the diminished capacity defense the abandonment defense

Which of the following is NOT an example of the financial exploitation of elders?

A) when a perpetrator engages in manipulation or outright theft after the victim requests for help B) when an elderly person leaves a substantial amount of money to a person in his or her will, but that person refuses to speak to the elderly person C) when the abuser reorganizes the elderly person's possessions and assets D) when the abuser takes over management of the elderly person's possessions and assets

38)

Which of the following statements is most likely to be true of elder abuse?

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A) B) C) D)

39)

It primarily occurs in nursing homes and hospitals. Financial exploitation is a common form of elder abuse. Abusers are more likely to be females than males. Abusers are usually doctors and medical staff.

False imprisonment is

A) knowingly and unlawfully restraining a person with the general intent of restraining that person for an indefinite period of time. B) the specific intent of recognizing a gain from an unlawful restraint, such as ransom. C) the general intent to restrain random people on a regular basis. D) the act of unlawfully restraining a person so as to substantially interfere with his or her liberty.

40) According to Illinois's kidnapping statute, which of the following does NOT constitute kidnapping?

A) when a person knowingly and substantially interferes with another person's liberty B) when a person induces another to go from one place to another with a secret intent to confine him against his will C) when a person knowingly and secretly confines another against his will D) when a person by force or threat of imminent force carries another from one place to another with intent to secretly confine him against his will

41)

According to the American Bar Association,

A) B) C) D)

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are abducted each year.

almost 100,000 children more than 300,000 children approximately 150,000 children over 500,000 children

42)

What is the modern definition of kidnapping?

A) The act or instance of taking or carrying away a person by force or fraud B) The act of taking a person away without lawful excuse to hold the person prisoner, and often demand for ransom C) The act of seizing and taking away a person to hold the person prisoner to demand something from his or her family, employer, or government D) The act of holding a person without their consent with the expectation of payment

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 43) What are the two definitions of assault?

44)

Explain the three categories that comprise the actus reus of mayhem.

45)

What are the four general types of child abuse?

46) What four typical signs will a social worker look for to find out if physical discipline toward a child is excessive and can be considered abuse?

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47)

Summarize the three phases of the battering cycle in domestic violence.

48)

Describe the purpose of rape shield laws?

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Answer Key Test name: Chap 09_5e 1) FALSE 2) TRUE 3) FALSE 4) FALSE 5) FALSE 6) TRUE 7) TRUE 8) TRUE 9) TRUE 10) TRUE 11) TRUE 12) FALSE 13) FALSE 14) [B, D, F, I] 15) [E, G, H] 16) [A, C, J] 17) D 18) C 19) C 20) B 21) A 22) D 23) B 24) A 25) D 26) D Version 1

27) D 28) A 29) C 30) C 31) D 32) A 33) A 34) B 35) C 36) B 37) B 38) B 39) D 40) A 41) B 42) C 43) Assault has two definitions: (1) attempted battery or (2) the intentional frightening of another person. 44) The actus reus requirement of mayhem is that the defendant cause bodily injury that produced that permanently dismembers, disables, or disfigures the victim. • Dismemberment means the severing of a body part. • Disablement requires the loss of use of a major part of the body, such as an arm, leg, eye, or testicle, although the part need not be actually removed. • Disfigurement requires an alteration of the victim's face or body that changes its normal appearance. 45) The four general types of child abuse are: (1) neglect, (2) physical abuse, (3) sexual abuse, and (4) emotional maltreatment. Version 1

46) To determine whether an action is excessive, a social worker will typically consider the following criteria: • Permanent injuries, such as scarring • The amount of physical force used • How often the child is spanked • The age of the child when the incident occurs 47) The battering cycle can be summarized as follows: • Phase one is the tension-building stage in which the batterer engages in minor incidents of verbal abuse or physical incidents. • Phase two is the acute battering incident in which something provokes the perpetrator, and he acts out physically. • In phase three, the abuser regrets his actions and promises to get help in stopping the abuse, whether by refraining from alcohol or seeking out anger management assistance. 48) The purpose of rape shield laws is to protect the victim at trial by banning the introduction of evidence of the victim's sexual history and general moral character.

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CHAPTER 10 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) At common law, the felonies of arson and burglary developed to provide special protection and security to people's dwellings. ⊚ ⊚

true false

At common law, and almost universally today, arson is a specific intent crime. ⊚ ⊚

true false

3) A rash of racially motivated church fires in the last few years led federal lawmakers in the 1990s to enact arson statutes that carry much greater civil, but not criminal, penalties. ⊚ ⊚

true false

4) Under common law, burglary was viewed as a forcible invasion and disturbance of a person's right of habitation and was likely to be punished by death. ⊚ ⊚

true false

Entries with consent cannot be an element of burglary. ⊚ ⊚

true false

6) Many jurisdictions have eliminated the burglary requirement of a breaking, and others have changed their statutes to read "breaking or entering." ⊚ ⊚

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true false

The MPC classifies an entry into a public place as a burglary. ⊚ ⊚

true false

8) If one achieved entry through an open outer door with consent, breaking into an inner door of a building is not considered burglary. ⊚ ⊚

true false

9) To commit an entry for purposes of burglary, the defendant does not have to physically enter a structure. ⊚ ⊚

true false

10) Breaking and entering is very similar to burglary, except it is lacking one element—the specific intent to commit a theft or felony inside the structure. ⊚ ⊚

true false

11) All states require that there be a lack of a lawful excuse for the possession of burglar's tools to be illegal. ⊚ ⊚

true false

12) All states require that a vehicle be locked to constitute vehicular burglary; the owner's testimony that the doors were locked is insufficient. ⊚ ⊚

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true false

13) A person can be convicted of possession of burglar's tools even if he or she is nowhere near a structure to burglarize. ⊚ ⊚

true false

14) A slight intrusion or entry into a vehicle by a body part or instrument is insufficient to constitute burglary. ⊚ ⊚

15)

true false

Most states define arson as the burning of any structure, not just inhabited structures. ⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 16) Which of the following definitions apply to possession of burglar’s tools?

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A) Using a coat hanger to open a trunk is an example of this crime B) The breaking and entering, in the nighttime, of the mansion or dwelling house or curtilage of another, with the intent to commit a felony C) One element of this crime is the intent to use a tool in the commission of a burglary D) A crime that occurs when a person or accomplice commits second-or third-degree burglary "and knowingly possesses explosives, a deadly weapon or a dangerous instrument in the course of committing any theft or any felony" E) One element of this crime is possession of instruments that are adapted, designed, or commonly used for committing any burglary F) A crime defined as "the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, with the intent to commit a felony or any theft therein" G) A crime very similar to burglary, except it is lacking one element—the specific intent to commit a theft or felony inside the structure H) Also called unlawful forced entry I) Entering an inhabited dwelling, or any structure or vehicle, with the intent to commit a felony or any theft therein, while armed with a dangerous weapon, or by committing a battery after or upon the entry J) The three elements of this crime are: 1) The entry, 2) of a dwelling, 3) with intent to commit a crime inside

17)

Which of the following definitions apply to common law burglary?

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18)

Which of the following definitions apply to breaking and entering?

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19)

Which of the following definitions apply to vehicular burglary?

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20)

Which of the following definitions apply to aggravated burglary?

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21)

Which of the following definitions apply to first-degree burglary?

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22)

Which of the following definitions apply to modern burglary?

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23)

Which of the following definitions apply to simple burglary?

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MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 24) Identify a true statement about common law arson.

A) B) C) D)

25)

It involved the intentional burning of one's own house. The burning of an unoccupied dwelling was considered arson. It was considered as a crime against property. The law required that the burning be malicious and willful.

In the context of common law arson, for the burning of a dwelling to constitute arson, of the wood, no matter how minor, was required.

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A) B) C) D)

discoloration charring scorching smoking

26) Which of the following was a legislative pattern that had developed at the time the Model Penal Code (MPC) was drafted?

A) classifying the offense in relation to the types of property involved B) introducing the definition of arson as the burning of any property of any type, no matter by whom owned, for the purpose of defrauding an insurer C) classifying the offense in relation to the danger to persons involved D) All of the answers are correct.

27) When a crime requires a mens rea of specific intent, a person is culpable only if he or she voluntarily commits the underlying criminal act or acts

A) B) C) D)

by accident or carelessness. with the intent to achieve a particular result. out of negligence or recklessness. by mistake.

28) Many states have degrees, or levels of severity, of arson in their statutes, and each level of arson

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A) offers the same severity of punishment, but each includes elements that are not included in other levels. B) ranges in severity of punishment, and each level includes different amounts of the same elements. C) ranges in severity of punishment, and each includes elements that are not included in other levels. D) offers the same severity of punishment, but each includes different rankings of importance for the same common elements.

29) is defined as the breaking and entering, in the nighttime, of the mansion or dwelling house or curtilage of another, with the intent to commit a felony.

A) B) C) D)

Armed robbery Aggravated battery Common law burglary Modern arson

30) Even under the most comprehensive definitions of modern burglary, the offense does NOT include

A) B) C) D)

31)

the event happening in the nighttime. the crime being committed by entry alone. an intent to commit a criminal offense. the event happening in any building, structure, or vehicle.

is part of the MPC's definition of burglary.

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A) An entry even if the premises are open to the public or if the actor is privileged to enter B) The entry of a building or occupied structure, or separately secured or occupied portion thereof C) An entry of a building for which the actor has a key D) None of the answers is correct.

32) The distinction between the commission of a burglary at night as opposed to during the daytime is

A) less often a matter of defining the degree of the crime than of defining the basic offense. B) equally a matter of defining the degree of the crime as of defining the basic offense. C) no longer a matter of defining the degree of the crime, nor of defining the basic offense. D) most frequently a matter of defining the degree of the crime, rather than defining the basic offense.

33) In those jurisdictions where the requirement of "breaking" remains, constitute breaking.

A) B) C) D)

34)

entering an open door of someone else's home pushing open a hotel room door that was ajar three to four inches raising a partially opened bedroom window the slightest removal of an obstruction to the burglar's entry into the dwelling

A(n)

A) B) C) D)

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does NOT

is NOT an example of an inner door.

cabana door suite door bedroom door office door

35)

Which of the following is an example of constructive entry?

A) B) C) D)

possessing burglar's tools for legitimate use breaking the window glass of a vehicle with force tampering with the intruder alarm inside a house using a hook to retrieve an item from inside a building

36) Even if a person achieves entry through an open outer door with consent, breaking into an inner door of a building is

A) B) C) D)

illegal entry but not burglary. illegal entry, and any further crimes are shoplifting. still burglary. breaking.

37) can be a valid defense to a burglary charge in jurisdictions where a breaking is required, either under the common law rule or under a statute.

A) B) C) D)

Necessity Consent Duress Provocation

38) For states following the common law definition of nighttime, the important in establishing whether or not it is nighttime.

A) B) C) D)

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is NOT

use of sunlight to see amount of sunlight presence of streetlights or building lights time of day

39)

Some states apply

A) B) C) D)

to determine whether a dwelling is occupied.

occupancy mail delivery a sleep test None of the answers is correct.

40) The MPC defines as "any structure, vehicle, or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present."

A) B) C) D)

"occupied structure" "unoccupied structure" "burglary-free structure" "home residence"

41) In most jurisdictions, the to be a burglary.

A) B) C) D)

must be present at the time of entry in order for the crime

general intent to commit a crime actus reus of actual theft actus reus of handling objects to be burgled specific intent to commit a crime

42) An intent to commit a crime cannot be inferred from which of the following circumstances surrounding an entry?

A) B) C) D)

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the time of entry the amount of cash a perpetrator is carrying possession of a weapon or burglar tools the type of building entered

43) is defined as the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, with the intent to commit a felony or any theft therein.

A) B) C) D)

44)

A typical element of the crime of possession of burglar's tools is the

A) B) C) D)

45)

intent to use the tool in the commission of a burglary. possession of possible burglar's tools in one's car for work or school. intent to modify legal instruments into burglar's tools. possession of tools in one's home that could be used for burglary.

There must be the

A) B) C) D)

46)

Criminal trespass Constructive entry Simple burglary Breaking and entering

to be convicted of possession of burglar's tools.

specific intent to burglarize actus reus of tool modification mens rea of tool modification general intent to burglarize

In the context of vehicular burglary, which of the following is an example of breaking?

A) B) C) D)

using great force to turn a vehicle's unlocked door handle using a key to open the trunk leaning on a car and setting the alarm off None of the answers is correct.

47) A typical crime that a person might intend to commit when he or she breaks and enters a vehicle is Version 1

A) B) C) D)

breaking the steering wheel. stealing the vehicle. cutting the seat covers. demolishing the vehicle.

48) Which of the following terms is defined as the illegal driving of someone else's automobile without permission, but with no intent to deprive the owner of it permanently?

A) B) C) D)

49)

carjacking grand theft auto criminal conversion joyriding

Which of the following statements is true of joyriding?

A) B) C) D)

It is considered a felony in all jurisdictions of the United States. It involves a slight intrusion or entry into a vehicle by a body part or instrument. It allows a person to borrow a vehicle and deprive the owner of it permanently. It is considered a crime as serious as the crime of burglary.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 50) Your textbook names four different requirements that states include in their arson statutes. Name three of them.

51) Name four things that a police officer can do when he or she responds to the scene of a fire and attempts to determine the fire's origin.

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52)

Name the three elements of burglary.

53) Your text gives some examples of homes that are legally considered uninhabited. Name three of these.

54) Name the three main ways in which an officer can assist in the investigation of a burglary.

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Answer Key Test name: Chap 10_5e 1) TRUE 2) FALSE 3) FALSE 4) TRUE 5) FALSE 6) TRUE 7) FALSE 8) FALSE 9) TRUE 10) TRUE 11) FALSE 12) FALSE 13) TRUE 14) FALSE 15) TRUE 16) [C, E] 17) [B] 18) [G, H] 19) [A] 20) [I] 21) [D] 22) [J] 23) [F] 24) D 25) B 26) D Version 1

27) B 28) C 29) C 30) A 31) B 32) D 33) A 34) A 35) D 36) C 37) B 38) C 39) C 40) A 41) D 42) B 43) C 44) A 45) A 46) A 47) B 48) D 49) A 50) Different requirements may include • the type of building burned, • the location of the fire (such as within the curtilage), • the value of the building, • any attempt to burn while other people are present inside the building.

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51) An officer can • look for incendiary devices, fuel cans, broken door locks, or any other signs of forced entry; • interview all available witnesses at the scene, asking questions that will help to determine the financial stability of the building owner or occupants; • seek to learn of any enemies of the owner or occupant, who might have set the fire for revenge; • scan the crowd for any known firebugs, or known arsonists. 52) Generally, burglary requires three elements: • An entry, • of a dwelling or building, • with intent to commit a crime inside. 53) Any of the following situations will apply in most circumstances: • Residences that are under construction • Residences that have never been occupied • Residences in which the sole owner and occupant of the dwelling was in a mental hospital at the time of the burglary • Residences in which the sole owner and occupant of the dwelling was deceased at the time of the burglary

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54) The three main ways include the following: • The reporting officer should make a burglary report that is taken from the victim that states how the crime was committed. • The reporting officer should look for the burglar's modus operandi (mode of operation), as well as any other details that will assist in ultimately identifying and convicting the perpetrator. • The reporting officer should make the list and description of stolen property as detailed as possible, including information such as serial and model numbers, initials, or noticeable scratches.

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CHAPTER 11 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) To remedy confusion about different types of theft, many states eliminated former common law distinctions and created a single term to cover everything. ⊚ ⊚

true false

2) A substantial movement of another person's property is required for a thief to exercise dominion and control over it. ⊚ ⊚

true false

3) To constitute larceny from a person, property that is "on" a person must be actually on the person, attached to the person, or held or carried by the person. ⊚ ⊚

true false

4) An object becomes abandoned property when the person who owns it voluntarily gives up permanent possession or ownership of it, such as by throwing it away. ⊚ ⊚

true false

5) Joyriding is usually committed by serious offenders, who take a car without permission and dismantle it for its parts. ⊚ ⊚

true false

6) In the crime of joyriding, the state does not need to prove the defendant took the property "without intent to permanently deprive."

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⊚ ⊚

true false

7) The element of theft requiring that a perpetrator have the intent to permanently deprive an owner is an element of embezzlement. ⊚ ⊚

true false

8) The crime of false pretenses deals with an owner being tricked by misrepresentation into voluntarily transferring title to the property. ⊚ ⊚

true false

9) A person need not be in actual physical control of stolen property to be guilty of receiving it as long as he or she has constructive possession. ⊚ ⊚

true false

10) Robbery differs from larceny from a person in that larceny from a person requires the additional element of taking by fear or force. ⊚ ⊚

true false

11) The distinction between robbery and extortion is that robbery is committed by a threat to do immediate bodily harm, whereas extortion is committed by a threat to do harm in the future. ⊚ ⊚

true false

12) The penalties for taking property from the person of another are usually lesser than those provided for simple larceny.

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⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 13) Which of the following juvenile justice terms apply to forgery?

A) In some states, a person who uses trick, artifice, or other fraudulent devices to procure a genuine signature on a writing that has legal significance is guilty of this crime B) A person is guilty of this crime if he or she purposely threatens to inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense C) A person is guilty of this crime if he or she purposely threatens to take or withhold action as an official, or cause an official to take or withhold action D) This crime is characterized by the payment by a person to a public official to gain an advantage that the person is not otherwise entitled to, in which case both parties are guilty of the crime E) A specific combination of elements, i.e., of using the threat of public shame to obtain something desirable, constitutes this crime F) If writing is full of false statements, the author is guilty of this crime G) If a document is full of truths, but is signed by a person using another person's name without permission, the author is guilty of this crime H) A threat by a private citizen seeking hush money, which is payment to remain silent about a crime or a shameful act I) A crime that presents a legal paradox because it involves the threat to do something that the threatener has a legal right to do J) The creation of documents which are not authentic K) Falsifying another person's name on a credit charge or sales slip is an example of this crime L) This crime can occur by signing or writing while using a fictitious or assumed name

14)

Which of the following juvenile justice terms apply to extortion?

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15)

Which of the following juvenile justice terms apply to fraudulent making?

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16)

Which of the following juvenile justice terms apply to bribery?

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17)

Which of the following juvenile justice terms apply to blackmail?

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MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 18) is defined as a felony charge for thefts of property worth more than a statutorily determined amount of money (such as $1,000).

A) B) C) D)

Petty theft Grand theft Petit theft Larceny

19) The taking and carrying away element of larceny does NOT include that the property taken must

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A) B) C) D)

be tangible, or concrete, such as a ring or a check. have value. be worth greater than a statutorily set amount of money. have an owner.

20) In the context of larceny, the owner of a stolen property must be able to positively identify the property as his or hers by

A) B) C) D)

providing the serial number for a stolen item. identifying unique marks or scratches on the item. being able to prove that he or she owns it. All of the answers are correct.

21) In larceny cases, which of the following is NOT an evidence that a defendant possessed the specific intent to permanently deprive the owner of a property?

A) The defendant was in the habit of repeatedly taking and returning various items without warning. B) The defendant tried to scratch out the owner's name on the property or replace it with his own name. C) The defendant stated that he or she intended to keep the property. D) The defendant had possession of the item for a short time.

22) Larceny from a person differs from robbery in that robbery requires the additional element of

A) B) C) D)

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a minimal property value. permanently depriving the owner of his or her property. taking by fear or force. using a weapon.

23) Which of the following is one of the two common definitions of the crime of larceny from a person?

A) The victim has proof of ownership in her or his possession when the larceny occurred. B) The property was in a secure place that belonged only to the victim. C) The property was in the immediate presence of the victim or his or her spouse. D) The victim had actual possession of the property on their person when the larceny occurred.

24)

is NOT an example of shoplifting.

A) B) C) D)

Altering price tags in a clothing store Concealment of merchandise at a market Thefts of merchandise from a department store Thefts of supplies from one's office

25) Courts generally hold that a "finder" has an obligation to give an item back to the owner if the item

A) B) C) D)

26)

A) B) C) D)

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has substantial value. has sentimental value. is still intact. had once been owned by a person.

may have substantial value, but it could be difficult to identify the owner.

purse containing cash and a driver's license wallet containing several credit cards $20 bill sports club membership ID

27)

Joyriding is the unlawful

A) B) C) D)

28)

taking, using, or burglarizing drag-racing, using, or stealing driving, burglarizing, or operating taking, using, or operating

Unauthorized use of a motor vehicle does NOT require that the

A) B) C) D)

29)

of a motor vehicle without the consent of the owner.

actor knowingly take control actor use an instrumentality control is taken without authority object taken is another person's vehicle

is NOT an element of embezzlement.

A) B) C) D)

The intent to permanently deprive an owner The misappropriation of the property of another The intent to temporarily or permanently deprive an owner All of the answers are correct.

30) is defined as the unlawful taking or misuse of property by persons, typically employees, who lawfully come into possession of the property and therefore do NOT meet the theft or larceny requirement of wrongfully obtaining the property.

A) B) C) D)

31)

False pretense Embezzlement Extortion Fraudulent making

is the key element of embezzlement, just as taking is the key element of a larceny.

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A) B) C) D)

32)

Misappropriation Theft Deprivation Bribery

Identify a true statement about the crime of embezzlement.

A) The theft or larceny requirement of wrongfully obtaining a property is mandatory for the crime of embezzlement. B) For the crime of embezzlement, proof that a property actually belonged to someone is nonessential. C) Embezzlement is a statutory crime created to resolve common law inadequacies and involves a violation of trust. D) A perpetrator needs to have the intent to permanently deprive an owner of his or her property.

33)

is an element of false pretenses.

A) B) C) D)

Intent to defraud the owner of a property Inducing an owner to part with both possession of and title to his or her property Making of a material misrepresentation of fact All of the answers are correct.

34) When a perpetrator gains possession alone of a property and not the title, the crime is known as .

A) B) C) D)

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embezzlement larceny by trick constructive possession extortion

35) Receiving means acquiring goods or property that has been stolen, and a(n) professional receiver of stolen property.

A) B) C) D)

is a

perpetrator principal instrumentality fence

36) The relationship between a defendant and the stolen goods when it is reasonable to treat the extent of the defendant's dominion and control over the property as if it were actual possession is called possession.

A) B) C) D)

37)

are related crimes, and modern statutes frequently use the terms interchangeably.

A) B) C) D)

38)

Extortion, blackmail, and bribery Larceny, robbery, and theft Larceny, false pretenses, and larceny by trick Forgery, fraudulent making, and uttering

is one of the elements of the common law crime of extortion.

A) B) C) D)

39)

actual constructive unexplained mere

A fee that is actually received by a private citizen Seeking a lawful fee An unlawful fee collected under color of office None of the answers is correct.

The distinction between extortion and robbery is that

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A) robbery is committed in the same essential way as blackmail, whereas extortion is committed by a threat to do harm in the future. B) extortion is committed by a threat to do immediate bodily harm, whereas robbery is committed by a forceful or frightening threat to do harm in the future. C) extortion is committed in the same essential way as blackmail, whereas robbery is committed by a forceful or frightening threat to do harm in the future. D) robbery is committed by a threat to do immediate bodily harm, whereas extortion is committed by a threat to do harm in the future.

40) Although it is easy to see the moral reprehensibility of blackmail, the crime presents a legal paradox because blackmail

A) can be legal in certain circumstances, such as when the threatener is trying to get repayment on a debt. B) involves the payment of money that a payer has a legal obligation to disperse. C) involves the threat to do something that the threatener has a legal right to do. D) is only illegal when committed by public officials, and thus, may be discriminatory.

41) is defined as the making or altering of a writing, with the purpose of deceiving or injuring, in such a way as to convey a false impression concerning its authenticity.

A) B) C) D)

Fraudulent making Forgery Phishing Counterfeiting

42) A person commits forgery when he or she makes or utters a written instrument in such a manner that it purports that the document

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A) B) C) D)

is created by another person. is created with different provisions than it should have. has the authority of one who did not give authority. All of the answers are correct.

43) Which of the following is NOT a technique that when used by a person to procure a genuine signature on a writing that has legal significance constitutes forgery?

A) B) C) D)

threats artifice trick other fraudulent devices

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 44) Give three examples of crimes that are covered under the broad category of theft.

45)

Name the four elements of larceny.

46) Name the three essential elements of shoplifting, plus the additional element that is required in some statutes.

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47)

What are the three essential elements of receiving stolen property?

48) Based on the Florida example that is provided in your textbook, what are the four essential elements of robbery?

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Answer Key Test name: Chap 11_5e 1) TRUE 2) FALSE 3) TRUE 4) TRUE 5) FALSE 6) TRUE 7) FALSE 8) TRUE 9) TRUE 10) FALSE 11) TRUE 12) FALSE 13) [A, G, K, L] 14) [B, C] 15) [F, J] 16) [D] 17) [E, H, I] 18) B 19) C 20) D 21) A 22) C 23) D 24) D 25) A 26) C Version 1

27) D 28) B 29) A 30) B 31) A 32) C 33) D 34) B 35) D 36) B 37) A 38) C 39) D 40) C 41) B 42) D 43) A 44) Answers may include any of the following: · Larceny · Embezzlement · Theft by false pretenses · Shoplifting · Robbery · Receiving stolen goods Students may also provide answers from the two examples of penal codes, which appear in the textbook near the above list.

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45) The four elements are · The taking and carrying away, · of the property of another, · without consent, · but with the purpose of stealing or permanently depriving the owner of possession. 46) The essential elements of shoplifting are · The willful taking of possession of merchandise of another, · without consent of the seller, · with the intention of converting the goods and without paying for the goods. In addition, some shoplifting statutes do not require that the shoplifter intend to permanently deprive the store of its merchandise. 47) The essential elements of the offense of receiving stolen property are that the accused · bought, received, or otherwise came into possession of the property, · which was stolen, · and at time of possession of the property, the accused knew the property had been stolen.

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48) The four essential elements of robbery are · The taking of property, · from a person or the person's custody, · with the intent to either permanently or temporarily deprive the person or the owner of the property, · when in the course of the taking there is the use of force, violence, assault, or putting in fear.

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CHAPTER 12 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) In modern times, legislatures have been adopting statutes that allow corporations to be penalized for white-collar criminality. ⊚ ⊚

true false

2) A tax deficiency exists when the proper amount of tax to be paid is lower than the amount shown on a taxpayer's tax return. ⊚ ⊚

true false

3) A taxpayer can use the third-party defense against the showing of a tax deficiency by asserting that although there may seem to be a tax deficiency, in actuality the alleged un-reported income is not taxable for some reason. ⊚ ⊚

true false

4) Unlike tax evasion, false advertisement can violate state and federal laws. Like tax evasion, it can lead to both criminal and civil liability. ⊚ ⊚

true false

5) Many times in criminal false advertisement cases, however, it is necessary for the prosecution to show that there has been an actual victim who made a purchase based on the deceptive advertisement. ⊚ ⊚

true false

6) If mailing occurs after a fraud scheme is completed, the mailing element of the mail fraud scheme is usually still satisfied.

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⊚ ⊚

true false

7) Insider trading usually deals with cases in which an insider, quasi-insider, or misappropriator who has inside information tips off another individual regarding certain material, nonpublic information. ⊚ ⊚

true false

8) Parking occurs when a stockbroker excessively purchases and sells securities for a client without regard or concern for the client's investment objectives, but rather to advance his or her own interests, usually by generating commissions. ⊚ ⊚

true false

9) To obtain a felony conviction for an FDCA violation, in addition to certain misdemeanor elements, either intent or evidence of a prior FDCA violation is required. ⊚ ⊚

true false

10) An item has been subject to discrimination when its ingredients are poisonous, filthy, putrid, or otherwise unsanitary or have been contaminated. ⊚ ⊚

true false

11) Antitrust laws protect trade and commerce from restraints, monopolies, price-fixing, and price discrimination. ⊚ ⊚

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true false

12) The four main federal antitrust laws are the Sherman Act, Clayton Act, Robinson-Patman Act, and Federal Trade Commission Act. ⊚ ⊚

true false

13) A tying arrangement is an agreement that a purchaser must buy additional products along with the one product that he or she desires. ⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 14) Which of the following act’s goals or characteristics apply to the Sherman Act?

A) This act prohibits certain types of activities that harm competition, such as exclusive dealing arrangements and mergers damaging competition. B) This act provides for a private citizen's right to sue for injury caused by violation of the antitrust laws. C) The primary statute used to prosecute antitrust cases. D) This act is mainly used to prosecute unfair and deceptive practices. E) This act forbids a practice known as pricing, an act that creates a high risk of being sued. F) In its capacity to prosecute unfair and deceptive practices, this act has provisions that apply to antitrust and monopoly issues as well. G) Under this act, one "engaged in commerce" can be subjected to criminal liability if he or she is involved in any sale that sells goods "at unreasonably low prices for the purpose of destroying competition or eliminating a competitor." H) Because the pricing provision of this act seems to negate the underlying purpose of the antitrust laws—to preserve a competitive economy—the government usually does not bring criminal charges for it. I) This act generally criminalizes unreasonable restraints on interstate commerce. J) This act specifically makes illegal "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations."

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15)

Which of the following act’s goals or characteristics apply to the Clayton Act?

16)

Which of the following act’s goals or characteristics apply to the Robinson-Patman Act?

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17) Which of the following act’s goals or characteristics apply to the Federal Trade Commission Act?

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MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 18) Generally, is NOT one of the three elements of tax evasion.

A) B) C) D)

19)

the existence of a tax deficiency the existence of unreported nontaxable income willfulness in the commission of an affirmative act an affirmative act constituting an evasion or attempted evasion of a tax payment

To prove the existence of a tax deficiency, the government must show that

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A) the burden of proving that the unreported income was taxable does not fall on the prosecution if they can prove a deficiency with direct evidence. B) the defendant received income in addition to what was reported. C) the unreported income was taxable. D) All of the answers are correct.

20)

is an indirect method of proving a tax deficiency.

A) B) C) D)

A defendant's confession method The cash expenditures method The gross worth method All of the answers are correct.

21) Which of the following is NOT one of the three elements that must be considered in establishing mens rea for willfulness in a tax deficiency?

A) a situation where the defendant willfully committed the act before it was made criminal B) a situation where the defendant voluntarily and intentionally violated his or her duty C) a situation where the law imposed a duty on the defendant D) a situation where the defendant knew of his or her duty

22) Which of the following is a defense that a taxpayer can offer to negate charges of tax deficiency?

A) B) C) D)

23)

a good faith defense a statute of limitations defense a cash hoard defense an impossibility defense

The Trademark Law Revision Act of 1988 imposes liability on

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A) any advertisements regarding someone else's goods, services, or commercial activities. B) anyone who makes a false or misleading advertisement regarding his or her own goods, services, or commercial activities. C) civil violations of trademark laws. D) All of the answers are correct.

24) A plaintiff must show that the Revision Act of 1988.

A) B) C) D)

to succeed in a suit based on the Trademark Law

advertiser made a questionable statement deception is manipulative deception is implied and can negatively affect consumers' self-perceptions advertising is made about services offered in one state

25) The Federal Trade Commission Act provides that it is illegal for any person or business to create or cause to be created any false advertisement that

A) B) C) D)

26)

changes a consumer's behavior. the creator did not know was false. primarily deceives television viewers. None of the answers is correct.

is NOT an element in obtaining a conviction for mail fraud.

A) The intent to defraud B) The use of personal courier services, such as by co-felons C) A scheme to defraud D) The use of the United States Postal Service or any private interstate commercial carrier

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27)

Mail fraud is often charged together with

A) B) C) D)

securities fraud. substantive fraud. impure food and drug charges. antitrust violations.

28) is a type of prosecution under mail fraud that was primarily used to protect citizens from dishonest public officials.

A) B) C) D)

29)

Under modern mail fraud, if the defendant is using the U.S. Post Office for delivery, it

A) B) C) D)

30)

Federal Food, Drug, and Cosmetics Act (FDCA) Intangible rights theory Sherman Antitrust Act Clayton Antitrust Act

can be any kind of delivery. must be an intrastate delivery. must be an interstate delivery. None of the answers is correct.

Which of the following can be used by a defendant as a defense to a mail fraud charge?

A) an impossibility defense, which is a claim that the defendant did not have the authority to prevent or rectify the violative situation, and therefore had no liability B) a no knowledge defense, where the defendant can argue that he or she did not know that his or her actions were contrary to the securities laws C) a good faith defense, which is merely an assertion that there was no fraud intended D) a third-party defense, where the defendant can shift the blame of the alleged mail fraud to a third party, such as an accountant

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31) To prove a material omission and misrepresentation fraud, the government must prove that the .

A) B) C) D)

defendant's conduct was made with knowledge defendant's conduct was material defendant made a false statement or omission defendant had a duty to disclose the information

32) Which of the following is defined as a type of substantive fraud that involves the purchase and sale of securities based on material, nonpublic information?

A) B) C) D)

33)

insider trading parking racketeering churning

Which of the following is NOT one of the purposes of parking?

A) B) C) D)

to avoid the reporting requirements of the 1934 act to manipulate the supply and demand of stock, which will affect its price to circumvent margin rules and minimum net capital requirements to generate high commissions

34) is defined as any sale of securities that are purchased with the understanding that they will be repurchased by a seller at a later time, to manipulate stock prices or avoid reporting requirements.

A) B) C) D)

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Racketeering Parking Insider trading Churning

35)

For a churning conviction, the government (or investor) must establish that a

A) B) C) D)

36)

broker wished to manipulate the supply and demand of a stock. broker was reckless. trading was typical for that type of account. broker exercised control over the trading in an account.

is NOT a common defense to securities fraud charges.

A) B) C) D)

Reliance on counsel No knowledge The use of private courier Good faith

37) For a misdemeanor Federal Food, Drug, and Cosmetic Act (FDCA) conviction, which of the following elements must be satisfied?

A) There must be either intent or evidence of a prior FDCA violation. B) When the defendant is a corporate officer, the officer must bear a "responsible relation" to the violation. C) The object must have been altered considerably from its original form. D) The object must have been prevented from being introduced into interstate commerce.

38)

The FDCA's definition of food includes

A) B) C) D)

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articles used for food or drink for humans or other animals. chewing gum. articles used for components of food or drink. All of the answers are correct.

39)

The FDCA's definition of a drug includes articles intended for use

A) B) C) D)

in the cure of a disease in man or other animals. as food for humans or other animals. as vitamins in a daily human diet. as a drink for humans or other animals.

40) Although the Fourth Amendment protects people against unreasonable searches and seizures, administrative searches may be valid without a warrant if

A) inspection is made by a higher level official, such as one that works for the federal government. B) inspection is made pursuant to a regulatory scheme for which there is a substantial government interest. C) owner is in the premises. D) an employee reports wrong doing.

41) Which of the following types of laws protects trade and commerce from restraints, monopolies, price-fixing, and price discrimination, to ensure and preserve a competitive economy?

A) B) C) D)

the zero tolerance laws the three-strikes laws the antitrust laws the mandatory sentencing laws

42) Under Section 1 of the Sherman Act, the government must satisfy which of the following elements for a criminal conviction?

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A) general intent B) the combination or conspiracy produces, or potentially produces, an unreasonable restraint of trade or commerce C) the restraint is on interstate trade or commerce D) two or more entities formed a combination or conspiracy

43) The prohibits certain activities that harm competition, including exclusive dealing arrangements and mergers that damage competition.

A) B) C) D)

44)

Federal Trade Commission Act Clayton Act Sherman Act Robinson-Patman Act

A monopolization conviction requires the prosecution to prove the

A) possession of monopoly power, which does not include the power to control or fix prices and unreasonably restrict or exclude competition in a relevant market. B) willful acquisition or maintenance of such power through lawful means, such as from fair competitive practices such as high quality products, business acumen, or historical accident. C) possession of monopoly power, which includes the power to control or fix prices and unreasonably restrict or exclude competition in a relevant market. D) willful acquisition or maintenance of such power through scattered unlawful means, but primarily from fair competitive practices such as high quality products, business acumen, or historical accident.

45)

is NOT an element in an attempted monopoly conviction.

A) B) C) D)

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Specific intent to obtain a monopoly power in a given market The use of unlawful means to increase market share Dangerous probability that a monopoly will be obtained Ongoing possession of a monopoly power

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 46) Name four examples of white-collar crimes.

47) Give three examples from your textbook that are considered affirmative acts for purposes of tax evasion.

48)

What are the four primary elements of securities fraud?

49)

Name five prohibited acts under the Federal Food, Drug, and Cosmetic Act (FDCA).

50)

Explain the difference between horizontal price-fixing and vertical price-fixing.

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Answer Key Test name: Chap 12_5e 1) TRUE 2) FALSE 3) FALSE 4) FALSE 5) FALSE 6) FALSE 7) TRUE 8) FALSE 9) TRUE 10) FALSE 11) TRUE 12) TRUE 13) TRUE 14) [C, I, J] 15) [A, B] 16) [E, G, H] 17) [D, F] 18) B 19) D 20) B 21) A 22) C 23) D 24) B 25) D 26) B Version 1

27) A 28) B 29) A 30) C 31) D 32) A 33) D 34) B 35) D 36) C 37) B 38) D 39) A 40) B 41) C 42) A 43) B 44) C 45) D 46) Answers can include any of the following: • Tax evasion • False advertising • Mail fraud • Securities fraud • Crimes against the Food and Drug Act • Monopolies and antitrust crimes

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47) Answers can include any of the following: • Filing false tax returns • Keeping a double set of books • Concealing assets • Placing assets in the name of a third party • Lying to IRS agents 48) The four main elements are • Substantive fraud—including material omissions/misrepresentations, insider trading, parking, and broker-dealer fraud, each of which has its own elements • Securities fraud that is found in the offer, purchase, or sale of a security or in connection therewith • The use of interstate commerce or mail • Willfulness 49) According to the Federal Food, Drug, and Cosmetic Act (FDCA), committing or causing the following acts is prohibited: • The introduction, or delivery for introduction, into interstate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded • The adulteration or misbranding of any food, drug, device, or cosmetic in interstate commerce • The receipt interstate commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise • The refusal to permit entry or inspection • The manufacture within any territory of any food, drug, device, or cosmetic that is adulterated or misbranded

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50) Horizontal price-fixing agreements are direct or indirect agreements made between market participants at the same level within a given market, regarding the prices they will charge for a similar product they both sell. Vertical price-fixing agreements are direct or indirect agreements made between market participants at different levels within a given market, regarding the price at which their product will be resold.

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CHAPTER 13 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) Public order and safety offenses are designed to protect the general public by dealing with behavior that is morally wrong. ⊚ ⊚

true false

A meeting could begin as a lawful assembly but develop into an unlawful one. ⊚ ⊚

true false

3) Traffic violations are usually strict liability offenses that, in most jurisdictions, are criminal in nature. ⊚ ⊚

true false

4) Reckless driving is a traffic violation that is defined as the voluntary and wanton disregard for the safety of persons or property. ⊚ ⊚

true false

5) Southern and Western states, with the exception of California, tend to regulate the carrying of concealed weapons but otherwise have few restrictions. ⊚ ⊚

true false

6) Some public morality offenses, such as prostitution and gambling, are geographically restricted to certain areas of the United States. ⊚ ⊚

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true false

7) The MPC establishes an affirmative defense to a charge of obscenity if dissemination is restricted to noncommercial dissemination to personal associates of the actor. ⊚ ⊚

true false

Public exposure may occur only on public property. ⊚ ⊚

true false

9) The principal difference between pimping and pandering is that a panderer solic-its patrons for the prostitute and lives off her earnings, whereas a pimp recruits prostitutes and sets them up in business. ⊚ ⊚

true false

10) Solicitation is defined as the unlawful sexual intercourse that is consensual by both parties and is committed under circumstances not constituting adultery. ⊚ ⊚

true false

11) It is important to note that the offense of prostitution does not consist of the sexual act itself; rather, it is the agreement to participate in sexual activity for compensation. ⊚ ⊚

12)

true false

The MPC contains several provisions relating to fornication and adultery. ⊚ ⊚

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true false

13) Some states still punish sodomy even when it is a consensual act between adults in a private setting. ⊚ ⊚

true false

14) Betting and wagering are used interchangeably, and they apply to all forms of gambling, including lotteries. ⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 15) Which of the following characteristics apply to riot?

A) A gathering together of three or more persons with the common intent to achieve a lawful or unlawful purpose in a riotous or tumultuous manner B) An unlawful assembly that is escalating toward, but does not reach, the level of a riot C) Group behavior that is potentially more dangerous to the public than other activity due to the number of people involved, thus posing special problems for law enforcement D) Being idle, or wandering, without a visible means of support E) Today, usually not a separate crime but instead either eliminated or merged with the crime of unlawful assembly F) Many states today have repealed laws prohibiting this crime because the U.S. Supreme Court has rendered decisions that effectively make them unconstitutional G) A meeting can begin as a lawful assembly but develop into this H) An unlawful assembly that fulfills the participants' common purpose of violently breaching the peace and terrorizing the public I) An attempted riot J) A person is guilty of this crime if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he or she engages in fighting or threatening, or in violent or tumultuous behavior

16)

Which of the following characteristics apply to vagrancy?

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17)

Which of the following characteristics apply to unlawful assembly?

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18)

Which of the following characteristics apply to rout?

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19)

Which of the following characteristics apply to disorderly conduct?

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MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 20) A common example of a mala prohibita crime is

A) B) C) D)

21)

gambling. assault. rape. manslaughter.

Breach of the peace offenses includes

A) B) C) D)

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disorderly conduct. unlawful assembly. rout. All of the answers are correct.

22)

A(n)

A) B) C) D)

is an attempted riot.

unlawful assembly pre-riot disturbance of the peace rout

23) Which of the following is NOT one of the behaviors covered by the crime of disorderly conduct?

A) B) C) D)

24)

Anything that

A) B) C) D)

25)

is NOT an example of a nuisance.

offends the senses endangers life or health violates laws of commerce obstructs the reasonable and comfortable use of property

Criminal prosecution may be brought for various types of nuisances, such as

A) B) C) D)

26)

creating a hazardous condition by any act that serves no legitimate purpose leading an unlawful assembly making unreasonable noise engaging in fighting or threatening other people

the disposal of explosives interference with the uses to which property has been dedicated the maintenance of houses drunk or otherwise intoxicated driving

is NOT categorized as a traffic offense.

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A) B) C) D)

Driving under the influence (DUI) Speeding Joyriding Reckless driving

27) In the context of traffic violations, which of the following is an element of reckless driving?

A) B) C) D)

28)

consciousness of one's conduct an evil intent to commit an act as a free agent ignorance of a probable injury to another cautious regard for consequences

Which of the following is an element of hit and run?

A) B) C) D)

failure of the driver to furnish information about his or her identity failure to render assistance to any persons injured reporting the accident to the police the next day operating a motor vehicle with a blood alcohol concentration above the prohibited

level

29) Which of the following is NOT one of the typical circumstances of driving under the influence (DUI)?

A) The defendant was under the influence of an intoxicant, narcotic, or hallucinogenic to the extent that his or her normal faculties were impaired. B) When an automobile accident occurred, the defendant failed to render assistance to an injured person. C) The defendant operated a motor vehicle on a roadway within the jurisdiction of the court. D) The defendant was driving with a blood or breath alcohol concentration above the prohibited level.

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30)

are defined as assault weapons.

A) B) C) D)

31)

The Firearms Owners Protection Act of 1986 does NOT

A) B) C) D)

32)

Rifles with conspicuous pistol grips Pistols with shrouds Shotguns with a higher ammunition capacity All of the answers are correct.

regulate traditional firearms such as rifles, pistols, and shotguns. define all nonlethal weapons that may be used in the course of aggravated crimes. require that the prosecution prove that a violation was willful or intentional. regulate defined firearms, including machine guns.

In the debate to decriminalize victimless crimes,

A) B) C) D)

is NOT included.

driving under the influence (DUI) gambling prostitution sodomy

33) Federal and state governments have enacted laws that make it a criminal offense to obscene material.

A) B) C) D)

produce exhibit distribute All of the answers are correct.

34) Which of the following is NOT a current guideline provided by the Court in determining whether material is obscene? Version 1

A) whether the content of isolated passages of a book, rather than the book as a whole, contributes to a general moral decline in society B) whether a work, taken as a whole, lacks serious literary, artistic, political, or scientific value C) whether a work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law D) whether an average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to prurient interest

35) The MPC provides that material is obscene if its predominant appeal is a shameful or morbid interest in .

A) B) C) D)

dancing clothing excretion shoes

36) Currently, federal law prohibits the interstate and foreign transportation of obscene materials

A) B) C) D)

by importation. for sale or distribution by mail. by transport via common carrier, broadcast, and private conveyance. All of the answers are correct.

37) Which of the following is a federal act that prohibits the knowing transportation in interstate or foreign commerce of any individual, male or female, with the intent that such individuals engage in prostitution or in any sexual activity?

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A) B) C) D)

the Dram Shop Act the Mann Act the Nelson Act the Interstate Commerce Act

38) To convict a person of lewdness, it must be shown that the person indecently exposes his or her sex organs in

A) B) C) D)

a private indoor room. the presence of another. the closed stall of a public restroom. a clothing-optional resort.

39) is defined as the repeated intentional act of exposing one's genitals to an unsuspecting stranger or strangers for the purpose of achieving sexual excitement.

A) B) C) D)

Exhibitionism Pandering Solicitation Pimping

40) A Connecticut statute provides that a person is guilty of patronizing a prostitute when the patron

A) procures a place for the prostitute in which the prostitute can ply his or her trade. B) pays another person to tell him or her where prostitutes can be found. C) solicits or requests another person to engage in sexual conduct with him or her in return for a fee. D) All of the answers are correct.

41)

Pandering consists of

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A) soliciting or requesting another person to engage in sexual conduct or procuring a place for a prostitute in which the prostitute can ply his or her trade. B) paying or agreeing to pay a third person for a prostitute or procuring a place for a prostitute in which the prostitute can ply his or her trade. C) procuring a prostitute for a place of prostitution or finding a third person to act as a liaison between the panderer and the prostitute. D) procuring a female for a place of prostitution or procuring a place for a prostitute to ply her trade.

42)

Which of the following is NOT an element of adultery?

A) B) C) D)

sexual intercourse between persons not married to each other sexual intercourse where at least one party is not married voluntary sexual intercourse sexual contact where at least one party is in a lawful marriage

43) Few acts have created as much controversy throughout history as the act of when it applies only to consensual relations between adult humans.

A) B) C) D)

44)

, even

rioting disorderly conduct vagrancy sodomy

Which of the following statements is true about modern sodomy?

A) It primarily involves the use of illegal drugs for sexual stimulation. B) It mandatorily requires one of the two parties involved to be in a lawful marriage for it to be illegal. C) It primarily involves the penetration of the anus or mouth of one person by the penis of another. D) It is said to have occurred when there is a forced vaginal sexual intercourse.

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45)

Gambling is NOT legal

A) B) C) D)

46)

in San Francisco, CA. in Atlantic City, NJ. in Carson City, NV. on Indian reservations in several states.

Which of the following is NOT a lawful form of gambling in most jurisdictions?

A) B) C) D)

racing numbers state-operated lotteries bingo

47) Which of the following is a factor that distinguishes friendly gambling from commercial gambling?

A) B) C) D)

48)

the type of game played the number of players the location of the game the type of neighborhood

Which of the following states does not have laws prohibiting adultery or fornication?

A) B) C) D)

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California Minnesota Idaho South Carolina

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 49) How is the mens rea requirement for public order and safety offenses different from that of other crimes?

50)

Explain the significance of Papachristou v. City of Jacksonville to vagrancy laws.

51) What is the legal definition of a firearm, and what kinds of guns does this definition exclude?

52) Explain the three main ways in which the Child Protection Act of 1984 extended criminal sanctions for child pornography.

53)

Name four of the forms of gambling that are discussed in your textbook.

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Answer Key Test name: Chap 13_5e 1) FALSE 2) TRUE 3) TRUE 4) TRUE 5) TRUE 6) TRUE 7) TRUE 8) FALSE 9) FALSE 10) FALSE 11) TRUE 12) FALSE 13) TRUE 14) FALSE 15) [C, H] 16) [D, F] 17) [A, G] 18) [B, E, I] 19) [J] 20) A 21) D 22) D 23) B 24) C 25) B 26) C Version 1

27) A 28) B 29) B 30) D 31) B 32) A 33) D 34) A 35) C 36) D 37) B 38) B 39) A 40) C 41) D 42) B 43) D 44) C 45) A 46) B 47) C 48) C 49) Public order and safety offenses are distinguishable from other crimes because most of them do not require a particular mens rea in order for a defendant to be guilty. Rather, they are usually strict liability offenses, which means that if the defendant committed the actus reus of the crime, his or her mens rea, or intent, to cause harm is irrelevant.

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50) In the 1972 case Papachristou v. City of Jacksonville, the Court struck down the defendants' convictions on charges that stemmed from a fairly typical vagrancy law. The Court based its decision upon two grounds: 1) the vagueness of the ordinance and 2) the overly broad scope of the ordinance, which was shown in the way in which the ordinance criminalized many modern innocent activities. After the Papachristou case, many states repealed or revised their vagrancy and disorderly conduct laws. 51) A firearm is defined as • any weapon, including a starter gun, that can, is designed to, or may readily be converted to expel a projectile by the action of an explosive. • the frame or receiver of any such weapon. • any firearm muffler or firearm silencer. • any destructive device. This definition excludes the more common types of guns, such as most ordinary rifles, shotguns, and handguns. 52) The Child Protection Act of 1984 protected children by • eliminating the requirement that child pornography distribution be undertaken for commerce, and criminalizing its distribution for any reason. • eradicating former obscenity test requirements so that any pornography could be prosecuted. • raising the age of protected persons to 18. 53) There are many forms of gambling, including track racing, state lotteries, video machines, commercial sweepstakes, gambling tournaments, charity, Indian bingo, and legal card rooms, particularly for the game of poker. Version 1

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CHAPTER 14 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) According to historians and archaeologists, marijuana and the opium poppy have been used as intoxicants and in rituals in many societies for thousands of years. ⊚ ⊚

The use and sale of marijuana was legal in the United States until the 1930s. ⊚ ⊚

true false

Inhalants are drugs that are classified by their effects rather than by their method of use. ⊚ ⊚

true false

4) In 1951, Congress passed the Marijuana Tax Act, which made marijuana legal and also added heroin to the list of medically useful drugs. ⊚ ⊚

true false

5) Actual possession of a controlled substance is frequently proven by showing that the controlled substance was located in an area or container in the accused person's house or car, backpack, or other container that was accessible to the accused. ⊚ ⊚

true false

6) Under most state laws, a conviction will not result from situations in which a defendant has a white powdery substance on his or her person but honestly believes it to be sugar even though it is cocaine.

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⊚ ⊚

true false

7) Due to stiffer penalties imposed for possession with intent offenses, many states forbid the inference of intent to deliver merely on the basis of possession of a controlled substance. ⊚ ⊚

true false

8) Dram shop acts are legislative acts that impose strict liability on the seller of intoxicating beverages when the sale results in harm to a third party's person, property, or means of support. ⊚ ⊚

true false

Most states do not prohibit the transportation of a controlled substance in a vehicle. ⊚ ⊚

true false

10) In the context of drug-related offenses, possessing drug paraphernalia is a crime without possession of the illegal substance itself. ⊚ ⊚

11)

true false

Narcotics addiction is the repeated or uncontrolled use of controlled substances. ⊚ ⊚

true false

12) The blood alcohol content (BAC) level that determines when a driver is legally drunk is almost uniform across the United States at 0.08 percent. ⊚ ⊚

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true false

13)

As of June 2019, 20 states have approved adult-use cannabis. ⊚ ⊚

true false

14) California's Proposition 64, titled the Control, Regulate and Tax Adult Use of Marijuana Act allows 21-year-old adults to possess and use marijuana for recreational purposes but does not allow for the growing of marijuana for recreational purposes. ⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 15) Which of the following drug categories apply to inhalants?

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A) These drugs are classified by their method of use rather than by the effects of their use. B) This category includes lysergic acid diethylamide (LSD), phencyclidine (PCP), mescaline and peyote (derived from a small cactus, the mescal button), psilocybin (derived from a fungus), and numerous synthetic drugs. C) These drugs act on the central nervous system to cause visual or auditory hallucinations. D) This drug has been classified as a hallucinogen, a stimulant, and a depressant; some argue that it should be in a separate category because it does not closely resemble the other types of drugs. E) This category of drugs includes amphetamines, methamphetamines, cocaine, caffeine, nicotine, and the prescription drug Ritalin. F) This category consists of the dried leaves and top of cannabis sativa, the common hemp plant. G) These are synthetic drugs that mimic the effects of older street drugs but are not specifically listed as controlled substances by the Drug Enforcement Administration. H) This category includes amyl nitrite ("poppers") and nitrous oxide ("laughing gas"). I) Drugs in this category include Rohypnol (the "date rape" drug), "China White," and "New Heroin." J) These drugs directly affect the central nervous system and tend to produce arousal, alertness, or excitation and may reduce fatigue. K) This category covers drugs that depress or slow down the activity of the central nervous system and tend to produce drowsiness, relaxation, or sleep. L) This category includes narcotics, which are drugs derived from opium or opium-like compounds.

16)

Which of the following drug categories apply to designer drugs?

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17)

Which of the following drug categories apply to marijuana?

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18)

Which of the following drug categories apply to depressants?

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19)

Which of the following drug categories apply to stimulants?

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20)

Which of the following drug categories apply to hallucinogens?

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MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 21) From a biochemical standpoint, psychoactive drugs can alter

A) B) C) D)

22)

anxiety. cognitive processes. mood. All of the answers are correct.

Cocaine's former medical uses do NOT include

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A) B) C) D)

23)

The Harrison Narcotics Act was enacted to

A) B) C) D)

24)

the treatment of narcolepsy. hay fever. the treatment of alcoholism. the treatment of depression.

ensure that doctors and pharmacists were licensed. ensure that only people with proper registration were allowed to sell narcotics. lower taxes on medicines. prohibit the use or sale of narcotics.

Identify a true statement about the Harrison Narcotics Act of 1914.

A) B) C) D)

It led to persons dealing in narcotics to evade tax payments. It prevented physicians from prescribing opiates for medical treatment. It was passed in response to international pressures to regulate the opium trade. It made illegal the use of cough medicine that contained a restricted amount of

heroin.

25) In 1919, the U.S. Supreme Court held that physicians could NOT maintain addicts on morphine in the case of

A) B) C) D)

26)

Employment Division v. Smith. Webb v. United States. Wheeler v. United States. United States v. Civelli.

The first federal law to regulate marijuana was the

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A) B) C) D)

27)

Which of the following statements is true of the Marijuana Tax Act of 1937?

A) B) C) D)

28)

It restricted physicians from prescribing opiates for medical treatment. It penalized the use and distribution of cannabis. It removed heroin from the list of medically useful drugs. It was an economic regulation to regulate opium trade.

is categorized by federal law as a Schedule I drug.

A) B) C) D)

29)

Marijuana Tax Act of 1937. Boggs Act of 1951. Harrison Narcotics Act of 1914. Controlled Substances Act of 1970.

Phencyclidine (PCP) Morphine Marijuana Cocaine

Which of the following is an example of a designer drug?

A) B) C) D)

Demerol barbiturates nitrous oxide Ecstasy

30) According to the Controlled Substances Act of 1970, which of the following is a characteristic of Schedule I drugs?

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A) B) C) D)

31)

Which of the following is categorized by federal law as a Schedule II drug?

A) B) C) D)

32)

They are useful in established medical treatments. They mandatorily require prescriptions. They have great potential for abuse. They can be safely used.

Valium Mescaline Psilocybin Ritalin

The American Indian Religious Freedom Act Amendments

A) legitimized the varying state laws governing peyote use by Native Americans B) exempted Native Americans from criminal penalty under the federal Controlled Substances Act but not from civil penalties for illegal growth and manufacture C) ignored state laws governing peyote use by Native Americans and made it uniformly illegal D) exempted Native Americans from penalty under the federal Controlled Substances Act, as well as under any state statutes that criminalized peyote use

33) Both federal and state systems have, in general, set up two penal categories for controlled substances for offenses involving

A) B) C) D)

34)

the sale, distribution, and manufacture of controlled substances. simulated controlled substances. cultivation. the undercover use of controlled substances.

The charge of actual possession means the controlled substance is recovered

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A) B) C) D)

35)

from a place to which only the accused has access, such as a safe or a locker. from a place immediately accessible to the accused. on the defendant's person. from a place where the accused is able to exercise "dominion and control" over it.

To be convicted of constructive possession, the accused

A) must have the substance on his or her person, such as in a pocket. B) must be in a position to move the illegal substance from one place or another. C) need not know of the presence of the contraband or that it was a controlled substance. D) All of the answers are correct.

36)

In many states, a conviction for simple possession of a controlled substance

A) B) C) D)

requires at least 5 grams of the substance. requires at least 10 grams or more of the substance. requires enough of the substance to render a person intoxicated. does not require possession of any minimum amount of the drug.

37) Because of the stiffer penalties imposed for possession with intent, many states forbid the inference of intent to deliver on the basis of

A) B) C) D)

possession of a controlled substance. an eyewitness testimony. undercover officers' testimonies. possession of both a substance and paraphernalia.

38) A is defined as a substance representing a controlled substance in its nature, packaging, or appearance, which would lead a reasonable person to believe it to be a controlled substance.

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A) B) C) D)

39)

simulated controlled substance Schedule V substance contraband substance Schedule IV substance

The crime of drug loitering requires

A) B) C) D)

proof of the possession of a controlled substance while in public. proof of the delivery of a controlled substance in a public place. an action done in public that manifests the intent to engage in illegal drug activity. proof of the presence of a controlled substance somewhere in public view.

40) In most states, in order to prove the crime of cultivating, drying, or processing marijuana, the prosecution must prove that the defendant

41)

A) B) C) D)

knew plants were growing on his or her property. intended to sell the cannabis. maintained the area around the cannabis. None of the answers is correct.

is NOT an example of drug paraphernalia.

A) B) C) D)

hypodermic needle bong rolling paper lighter

42) In 1919, Congress passed the to implement prohibition.

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, which contained the enforcement procedures needed

A) B) C) D)

43)

Boggs Act Harrison Narcotics Act Marijuana Tax Act Volstead Act

Alcohol is most often associated with the offense of

A) B) C) D)

driving under the influence. unlawful assembly. vagrancy. vehicular homicide.

44) hold alcohol servers responsible for harm that intoxicated or underage patrons cause to other people.

A) B) C) D)

45)

Safe drinking acts Dram shop acts MADD acts None of the answers is correct.

In criminal law, voluntary intoxication

A) B) C) D)

cannot be used as a defense in any circumstance. cannot disprove the existence of mens rea necessary for crimes of specific intent. is no defense against crimes of general intent. is always a defense to assault.

46) As illustrated in , some states have opted to allow alcoholism as a defense to public intoxication charges under their own constitutions.

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A) B) C) D)

Employment Division v. Smith United States v. Eastman Powell v. Texas State ex rel. Harper v. Zegeer

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 47) Name four of the provisions of the Uniform Controlled Substances Act.

48)

What are the three criteria for placing a drug into Schedule I?

49)

Name four of the five proposals for harm reduction that are named in your textbook.

50)

What is a drug conspiracy, and how can this offense be established?

51)

What was the reasoning behind prohibition, and what was its actual outcome?

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Answer Key Test name: Chap 14_5e 1) TRUE 2) TRUE 3) FALSE 4) FALSE 5) FALSE 6) TRUE 7) TRUE 8) TRUE 9) FALSE 10) TRUE 11) TRUE 12) TRUE 13) FALSE 14) FALSE 15) [A, H] 16) [G, I] 17) [D, F] 18) [K, L] 19) [E, J] 20) [B, C] 21) D 22) C 23) B 24) C 25) B 26) A Version 1

27) B 28) C 29) D 30) C 31) D 32) D 33) A 34) C 35) B 36) D 37) A 38) A 39) C 40) A 41) D 42) D 43) A 44) B 45) C 46) D

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47) The Uniform Controlled Substances Act forbids and makes it a crime to engage in the following conduct: • manufacture or deliver a controlled (forbidden) substance; • possess with intent to manufacture or deliver a controlled substance; • create, deliver, or possess w/intent to deliver a counterfeit substance; • offer or agree to deliver a controlled substance and deliver or dispense a controlled substance; • possess a controlled substance; • knowingly keep or maintain a store, dwelling, building, vehicle, boat, aircraft, etc., resorted to by persons illegally using controlled substance; or • acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge. 48) The three criteria for placing a drug into Schedule I are that the drug must: (1) have a high potential for abuse, (2) have no currently accepted medical use, and (3) lack safety even under medical supervision. 49) Proposals for harm reduction can include any of the following: • Advocacy for changes in drug policies: legalization, reduction of criminal sanctions for drug-related crimes • HIV/AIDS-related interventions: for example, needle exchange programs, HIV prevention programs • Broader drug treatment options, including methadone maintenance by primary care physicians • Drug abuse management for those who wish to continue using drugs • Ancillary program such as support and advocacy groups

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50) Drug conspiracies are agreements between two or more persons, with intent to manufacture and/or distribute drugs. In order to establish this offense, the state must show that an agreement existed, that the defendant had knowledge of the agreement, and that the defendant voluntarily participated in the agreement. An agreement may be inferred from a concert of action, participation from a totality of the circumstances, and knowledge from surrounding circumstances. 51) Prohibition was in part a response to high levels of alcohol production and consumption and to social problems related to drinking and alcoholism. However, in practice, "enforcement proved to be a national scandal that gave rise to bootleggers and gang wars, police corruption, 'speakeasies,' and general disrespect for law and order." With the outbreak of the Great Depression, Congress passed the Twenty-First Amendment, repealing prohibition.

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CHAPTER 15 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) Quasi-bribery has the same essential effect as standard bribery, but its recipients are private citizens. ⊚ ⊚

true false

2) An agreement by which a plaintiff or victim agrees to drop criminal and civil charges in exchange for money constitutes receiving a bribe. ⊚ ⊚

true false

3) Proof of the element of intent in a perjury case requires proof that the witness believes that his or her given testimony is false. ⊚ ⊚

true false

4) At common law, if a false statement did not take place in a judicial proceeding, it was considered a false swearing, which was only a misdemeanor. ⊚ ⊚

true false

5) At common law, anyone who procured the making of false statements or intentionally caused another to cause perjury could be charged with the crime of subornation of perjury. ⊚ ⊚

true false

6) Under the MPC, it is a crime to make a false report to law enforcement with the purpose of implicating another.

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⊚ ⊚

true false

Resisting arrest is not considered a crime in most states. ⊚ ⊚

true false

8) The MPC and statutes in a number of states specify that an individual has the right to use force in resisting a law enforcement officer who is making an arrest. ⊚ ⊚

true false

9) Public policy has always favored prosecuting all violations, and therefore a single individual should not have the sole right to overlook the harm done to society as a whole. ⊚ ⊚

true false

10) Escape occurs when a person who is lawfully imprisoned leaves custody before he or she is entitled to freedom by due process of law. ⊚ ⊚

true false

11) Before a conviction for escape can be sustained, the prosecution must first prove that the arrest of the person accused was incomplete. ⊚ ⊚

true false

12) In the context of contempt of court, a constructive contempt occurs in the presence of the court when a person resists the court's authority.

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⊚ ⊚

true false

13) In the context of contempt of court, a criminal constructive contempt consists of the failure to do something ordered by the court for the benefit of another party to the proceedings. ⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 14) Which of the following categories of obstruction of justice apply to suppression of evidence?

A) Attempting to harm jurors B) Giving a police officer drugs to avoid arrest for possession with intent to distribute C) Destroying papers after receiving notice of a grand jury investigation D) Causing harm to jurors or to their families E) Hiding evidence after receiving notice of a grand jury investigation F) Paying off a police officer so as not to be arrested G) Threatening jurors H) Payment to a mayor or city council member in order to have zoning changed to give oneself a tax break I) Threatening to accuse someone of a crime or to file criminal charges in exchange for money J) Lying under oath

15)

Which of the following categories of obstruction of justice apply to bribery?

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16)

Which of the following categories of obstruction of justice apply to witness tampering?

17)

Which of the following categories of obstruction of justice apply to perjury?

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18)

Which of the following categories of obstruction of justice apply to extortion?

MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 19) In general, the term obstruction of justice can be defined as

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A) offenses that are committed by those in positions of authority, such as corporate officers and political contributors. B) offenses that are committed by citizens who wish to protest the existing legal system through lawsuits and civil disobedience. C) an act by which one or more persons attempt to or actually prevent the execution of a lawful process. D) offenses that are committed by people in jail or prison.

20) of

In general, the exploitation of public power for personal gain defines the modern concept

A) B) C) D)

perjury. witness tampering. bribery. obstruction of justice.

21) Under modern law, bribery forbids not just the results of influencing a public official, but also the act itself, whether the attempt to bribe is successful or not. In addition, the Model Penal Code (MPC) forbids

A) law enforcement and public officials to receive gifts from individuals subject to their jurisdiction. B) a public servant who has authority and discretion over contracts or transactions to accept or solicit any type of gifts at any time. C) a private citizen, especially a business owner, to accept or solicit gifts from any public servant. D) law enforcement and public officials to receive promotions and gifts from supervisors.

22) Commercial bribery entails the of anything of value to influence an employee or professional in the performance of his or her duties.

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A) B) C) D)

23)

giving receiving soliciting All of the answers are correct.

Which of the following is the primary purpose of the crime of commercial bribery?

A) to persuade a plaintiff or a victim to drop charges, whether criminal or civil, in exchange for money B) to influence an employee to breach his or her duty to the employer in order to give some undeserved or inappropriate benefit or information C) to coax law enforcement and public officials to receive gifts from individuals subject to their jurisdiction D) to allow a private citizen who will be a defendant to coerce a prosecutor to avoid filing or pressing charges

24) Most businesses will give campaign contributions, gratuities, and entertainment of some sort to an entity hoping for some type of favors. However, it becomes bribery when

A) both parties are caught. B) the recipient engages in an unethical political practice on behalf of the giver. C) the payer and the recipient agree to a set schedule for "gifts." D) there is an agreement between the payer and the recipient that the briber expects "something for something."

25) Courts examine acts of commercial bribery under the Sherman Act to determine whether commercial bribery may be

A) B) C) D)

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a threat to law enforcement. occurring in isolation. an illegal action in restraint of trade. All of the answers are correct.

26) is defined as a criminal offense of making false statements under oath or affirmation.

A) B) C) D)

27)

Impeachment Adultery Spoliation Perjury

Identify a true statement about the crime of perjury.

A) At common law, perjury had to be proven by the testimony of a single witness. B) Materiality is a major aspect of perjury, and most jurisdictions require that a matter in which an oath is required by law be material. C) Proof of the element of intent in a perjury case requires proof that the witness believes that his or her given testimony is true. D) Modern statutes have narrowed the offense of perjury to exclude false swearing, which is a misdemeanor.

28)

Which of the following is NOT a characteristic of perjury?

A) B) C) D)

29)

It involves making a false statement under affirmation. It requires accepting or soliciting of illegal payments by a public official. It deals with affirming the truth of a statement previously made. None of the answers is correct.

is defined as the crime of procuring another person to make a false oath.

A) B) C) D)

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Misprision of a felony Witness tampering False swearing Subornation of perjury

30) Which of the following is NOT one of the three elements needed to prove subornation of perjury?

A) B) C) D)

perjured statements procured by the accused perjured statements created by the suborner perjury in fact proof that the suborner knew or should have known that such testimony would be

false

31) The nexus requirement holds that an act that is considered relationship to the act of justice that the defendant is seeking to avoid.

A) B) C) D)

32)

must have some

obstruction of justice subornation of perjury felony quasi-bribery

Which of the following is NOT a type of obstruction of justice?

A) any misleading or false statements to the press regarding one's guilt or innocence B) attempting to influence any officer in any court regarding the discharge of his or her duty C) impeding or obstructing the due administration of justice D) attempting to impede any witness

33) Suppressing evidence occurs when a defendant, or a person working on behalf of the defendant, evidence relevant to a grand jury investigation.

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A) B) C) D)

invents hides changes presents

34) To be convicted of obstruction of justice for the concealment of subpoenaed documents in a federal proceeding, the defendant must

A) B) C) D)

35)

At common law and in those states that still follow the common law rule,

A) B) C) D)

36)

law enforcement personnel may use deadly physical force to arrest any suspect an individual may use deadly physical force to resist an arrest a suspect may use only a reasonable amount of force to prevent an unlawful arrest a suspect may not resist arrest in any circumstances

A reason for the ongoing disagreement regarding resisting unlawful arrests is that

A) B) C) D)

37)

not appear at any grand jury hearing. willfully conceal or endeavor to conceal them from a grand jury. appear before the grand jury and lie. All of the answers are correct.

citizens fear for their lives due to increasing occurrence of police brutality. the accused almost always knows at the time of the arrest whether it is lawful or not. the unlawfully arrested individual has almost no recourses or remedies after arrest. the unlawfully arrested individual has many recourses or remedies post-arrest.

Citizens who fear unlawful arrests should know that unlawful arrests

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A) B) C) D)

can and do have effects upon the civil and criminal justice system. can lead to charges against the accused if he or she decides to complain. could lead to illegally obtained evidence that can be used against them in court. All of the answers are correct.

38) occurs when someone refuses to report or prosecute a felony in exchange for some benefit or reward of some value.

A) B) C) D)

Quasi-bribery Compounding a felony Misprision of a felony Bribery

39) refers to the act of failing to report or prosecute a known felony and taking positive steps to conceal the crime.

A) B) C) D)

40)

Quasi-bribery Compounding a felony Misprision of a felony Bribery

A person is guilty of the crime of escape if, without lawful authority, he or she

A) fails to return to official detention following a temporarily granted leave. B) hides somewhere within the confines of a correctional institution so that officials cannot find him or her. C) resists arrest and being taken into lawful custody. D) commits or attempts suicide while under official detention.

41)

Which of the following is a type of contempt of court?

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A) B) C) D)

42)

direct contempt indirect contempt civil contempt All of the answers are correct.

Courts may NOT cite or issue summonses to individuals for

A) B) C) D)

affronts to the courts' dignity and authority. civil disobedience in public places during a protest. contempt and civil disobedience of court orders. disruption of court proceedings.

43) is defined as a criminal form of contempt of court that occurs in the presence of the court when a person resists the court's authority.

A) B) C) D)

44)

An example of

A) B) C) D)

45)

Criminal contempt Indirect contempt Civil contempt Direct contempt

direct contempt indirect contempt criminal contempt quasi contempt

An example of

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is the use of profane language toward an officer of the court.

is the failure to comply with a judicial order.

A) B) C) D)

criminal contempt civil contempt direct contempt constructive contempt

46) The penalty for is usually payment of a fine or imprisonment for an indefinite period of time until the party in contempt agrees to perform his or her legal obligation.

A) B) C) D)

47)

civil contempt constructive contempt direct contempt criminal contempt

Some recent cases have interpreted escape statutes to exclude inmates who

A) B) C) D)

are mentally ill and feel that they are being attacked by supernatural forces. are separated from their children and have a strong emotional need to see them. choose to escape as a legitimate protest against their sentences. escape custody as the result of reasonable fears for their safety while incarcerated.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 48) Your textbook gives five general examples of obstruction of justice. Name four of these.

49)

Summarize the two elements of the federal perjury statute.

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50)

Name the four elements of witness tampering.

51)

Define the crime of escape.

52)

Define three of the four forms of contempt discussed in your textbook.

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Answer Key Test name: Chap 15_5e 1) TRUE 2) FALSE 3) TRUE 4) TRUE 5) TRUE 6) TRUE 7) FALSE 8) FALSE 9) TRUE 10) TRUE 11) FALSE 12) FALSE 13) FALSE 14) [C, E] 15) [B, F, H] 16) [A, D, G] 17) [J] 18) [I] 19) C 20) C 21) A 22) D 23) B 24) D 25) C 26) D Version 1

27) B 28) B 29) D 30) B 31) A 32) A 33) B 34) B 35) C 36) D 37) A 38) B 39) C 40) A 41) D 42) B 43) D 44) A 45) D 46) A 47) D

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48) Answers can include any of the following: • Bribery and the attempt or conspiracy to commit bribery or extortion: For example, paying off a police officer so as not to be arrested is bribery and threatening to accuse someone of a crime or to file criminal charges in exchange for money is extortion. • Perjury, false testimony, and interfering with a law enforcement officer in the performance of his or her official duties: An example of this would be lying under oath. • Tampering with the jury process, such as by threatening jurors, attempting to harm jurors, or actually causing harm to them or to their families. • Suppressing or refusing to produce evidence relevant to a grand jury investigation, such as by destroying papers or other evidence after receiving notice of such an investigation. 49) As a typical example a modern statute, the federal perjury statute states: Whoever: • having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or • in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, USC, willfully subscribes as true any material matter which he does not believe to be true.

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50) To prove witness tampering charges, the government has the burden of proving that the defendant knowingly engaged in intimidation, physical force, threats, misleading conduct, or corrupt persuasion with the intent to influence, delay, or prevent testimony or cause any person to withhold a record, object, or document from an official proceeding. 51) A person is guilty of this crime if, without lawful authority, he or she • removes or attempts to leave official detention. • fails to return to official detention following a temporarily granted leave. 52) Answers may include any of the following: • Direct contempt occurs in the presence of the court when a person resists the court's power. Such contempt is criminal in nature. • Constructive contempt, also known as indirect contempt, results from matters outside the court. • Criminal contempt is an act of disrespect toward the court or its procedures, other than direct contempt, that obstructs the administration of justice. • Civil contempt consists of the failure to do something ordered by the court for the benefit of another party to the proceedings.

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CHAPTER 16 TRUE/FALSE - Write 'T' if the statement is true and 'F' if the statement is false. 1) Almost every ethnic group in America contains organized crime syndicates. ⊚ ⊚

true false

With the end of the era of Prohibition in 1933, organized crime ended. ⊚ ⊚

true false

3) A typical organized crime structure can be compared to that of any type of legitimate business or organization. ⊚ ⊚

true false

4) Often a crime organization establishes legitimate businesses in order to make the organization look legal. ⊚ ⊚

true false

5) Many people involved in the loan sharking business have no connection to organized crime. ⊚ ⊚

true false

6) The money received through illegal activities such as drug sales and gambling is known as laundered money. ⊚ ⊚

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true false

7) The Anti-Drug Abuse Act of 1986 provides stiff penalties for monetary manipulation that involves disguising the source of proceeds of unlawful activities. ⊚ ⊚

Today, many modern street gangs are involved in criminal activity. ⊚ ⊚

true false

Unlike other organized crime groups, gangs typically lack a hierarchical system. ⊚ ⊚

10)

true false

Upon joining a Chinese street gang, a young person will become a cholo or chola. ⊚ ⊚

true false

11) In the context of gang organizations, leaders known as shot-callers represent Chinese gangs when interacting with other groups. ⊚ ⊚

true false

12) Prison gangs often exercise a large degree of influence over organized crime in the "free world." ⊚ ⊚

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true false

13) Under federal sentencing laws, a defendant convicted of contempt may be given additional prison time if the prosecutor can prove that he or she is a serious gang member. ⊚ ⊚

true false

14) People commit terrorist acts for all types of reasons, including political, religious, and social beliefs. ⊚ ⊚

true false

15) Congress has created several statutes that offer more lenient penalties when a perpetrator uses violence to carry out a political agenda. ⊚ ⊚

true false

CHECK ALL THE APPLY. Choose all options that best completes the statement or answers the question. 16) Which of the following characteristics apply to Latino gangs?

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A) These gangs have spread throughout the country and are now visible in the Midwest and East Coast. B) The initiation rituals of these gangs usually involve a ceremony where the new member takes an oath, then drinks a combination of blood and wine in front of the leader. C) Former Los Angeles gang members who have moved out of state are responsible for creating new chapters of these gangs. D) The largest of these gangs have been responsible for large-scale drug operations throughout the United States. E) These gangs often target the homes of immigrants who distrust legitimate banks and are known to keep large quantities of cash in their homes. F) Low-waisted khaki pants with oversized t-shirts are typical clothing for these gangs as are certain tennis shoes or jewelry. G) These gangs are located primarily in the barrios of Southern California. H) In some circumstances, these gangs will include entire cholo families where one or both parents, in addition to the children, are all members of the same gang. I) These gangs tend to focus their criminal activities on theft, robbery, carjacking, and extortion. J) These gangs feature a close relationship with community organizations, investment in legitimate businesses, international connections, and control over large amounts of money.

17)

Which of the following characteristics apply to Chinese gangs?

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18)

Which of the following characteristics apply to Crips and Bloods?

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19)

Which of the following characteristics apply to Vietnamese gangs?

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MULTIPLE CHOICE - Choose the one alternative that best completes the statement or answers the question. 20) Which of the following is NOT true about organized crime syndicates such as the Mafia?

A) Crime syndicates have terrorized many innocent people that are forced to live among these organizations. B) Crime syndicates have murdered countless innocent people. C) Crime syndicates are glamorous and honorable when compared to other criminal behavior. D) Crime syndicates have brought an endless supply of drugs into the United States.

21) There is a direct correlation between the development of laws that criminalize a particular type of organized criminal behavior or activity and

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A) B) C) D)

22)

did NOT occur in speakeasies.

A) B) C) D)

23)

a decrease in the number of criminal enterprises. the expansion of criminal enterprises. apathy among criminal enterprises. the demise of criminal enterprises.

Activism Gambling Drinking Prostitution

Bosses of organized crime families are NOT selected depending on their

A) B) C) D)

ethnic group. prior history with the group. family ties. investment portfolio.

24) People who are involved with an organization that maintain legitimate jobs outside of an organized crime syndicate but who help the organization achieve its goals are sometimes referred to as .

A) B) C) D)

crews protectors captains soldiers

25) is defined as the transfer of illegally obtained money through legitimate persons or accounts so that its original source cannot be traced.

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A) B) C) D)

Money trailing Loan sharking Embezzlement Money laundering

26) When a member of a crime organization uses the threat of violence to get someone to do something for the group, it is called .

A) B) C) D)

loan sharking bookmaking a shakedown criminal usury

27) traditionally involves extorting money from businesses by intimidation, violence, or other illegal methods.

A) B) C) D)

28)

Criminal usury Bookmaking Loan sharking Racketeering

The only location in the United States where prostitution and gambling are legal is

A) B) C) D)

Atlantic City, NJ. Las Vegas, NV. New York, NY. San Francisco, CA.

29) The crime of is the practice of lending money at excessive rates and using threats or extortion to enforce repayment.

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A) B) C) D)

extortion shakedown loan sharking racketeering

30) The crime of occurs when customers use bookies to illegally place bets on horse and dog races, professional sporting competitions, and other events.

A) B) C) D)

31)

bookmaking shakedown gambling criminal usury

A typical characteristic of bookmaking does NOT include

A) complicated systems for payoffs and delivery of betting information B) shakedowns from people who run horse-racing and dog-racing establishments so bookies can continue to run their businesses C) participating in a multi-million dollar industry D) establishing a physical location where the bookie can work, taking and placing bets

32)

Racketeer Influenced and Corrupt Organizations Act (RICO) is NOT

A) meant to eradicate sophisticated organized crime syndicates. B) a federal law that criminalizes illegal activities committed by organized crime members. C) a tool for states to successfully prosecute organized criminals when their activities are intrastate. D) a way for federal prosecutors to break down the structure and sophistication of organized criminal syndicates.

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33)

A racketeering activity includes violating

A) state but not federal, criminal statutes. B) certain specified provisions of federal criminal statutes; state laws do not address racketeering. C) state laws and various municipal ordinances. D) certain specified provisions of either federal or state criminal statutes.

34) To prove a RICO violation, the occurrence of which of the following prohibited acts does NOT need to be shown by the government?

A) neglecting or refusing to report evidence of the racketeering activity of others to law enforcement B) conducting the affairs of an enterprise through a pattern of racketeering activity C) investing income from a pattern of racketeering activity D) acquiring or maintaining an interest in an enterprise through a pattern of racketeering activity

35) is to

A reason many states have enacted their own legislation in addition to the RICO statutes

A) enable federal RICO prosecutors to participate in state-level trials and thus prosecute more organized criminals. B) combat organized crime in their jurisdiction. C) watch interstate commerce. D) All of the answers are correct.

36)

Which of the following is a characteristic of the Continuing Criminal Enterprise (CCE)?

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A) B) C) D)

37)

The Money Laundering Control Act of 1986 (MLCA) was enacted in response to

A) B) C) D)

38)

It is committed in concert with ten or more persons. It applies primarily to organized criminal activity involving ammunitions. It consists of a misdemeanor violation of state narcotics laws. It requires that the defendant occupy a managerial role.

widespread, but not thorough, compliance with the banking reporting statutes. extortion that resulted from the booming cocaine trade of the 1980s. money laundering as a result of the failure of banks to provide legitimate loans. money laundering that resulted from the booming cocaine trade of the 1980s.

Critics of RICO claim that

A) B) C) D)

under RICO, convicted persons are punished multiple times for the same offense. RICO has "federalized" all criminal activities. RICO could apply to almost anyone. All of the answers are correct.

39) In spite of double jeopardy violation claims made by critics of RICO, federal courts consistently uphold conviction on the grounds that

A) multiple offenses are valid as long as one element of the crime is different for each of the offenses. B) a state prosecution under RICO requires a subsequent federal prosecution of the same person for the same act. C) people convicted under a state substantive offense often prefer to be tried under a federal organized crime offense, since they usually receive shorter sentences. D) multiple offenses are valid as long as they are applied to organized criminals.

40)

Which of the following is a characteristic of a criminal street gang?

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A) B) members. C) D)

41)

target new immigrants with limited education and skills. prey on people's weaknesses in their recruiting methods. target new immigrants who need the gang's assistance to earn money. All of the answers are correct.

Which of the following is a characteristic of Chinese gangs in the United States?

A) B) C) D)

43)

It has an identifiable name or identifying sign or symbol. It usually controls several neighborhoods or territories.

Chinese gangs in the United States usually

A) B) C) D)

42)

Its members avoid frequent contact with each other in order to remain inconspicuous. Its members face conflicts individually to prevent the incrimination of other

They usually admit women and children as members. They usually have between 25 and 50 members. They lack a hierarchical system, and each member is a leader. They are located primarily in the barrios of Southern California.

Gang legislation

A) cannot prohibit gang members from associating with one another. B) cannot restrict areas where gang members can associate. C) allows for gang members with intrastate criminal charges to be transferred to federal court and tried in the same way as interstate criminals. D) provides additional penalties for gang members convicted of crimes.

44) is defined as the deliberate use or threat of violence by groups seeking to achieve political, social, or religious objectives.

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A) B) C) D)

45)

Extortion Terrorism Loan sharking Racketeering

is NOT a common example of terrorism.

A) B) C) D)

Attacking strictly military targets Kidnapping or taking people hostage Bombing national buildings Hijacking airplanes or other vehicles

46) Under the penalty provisions of the new anti-terrorist legislation adopted by Congress in 1966, the most severe punishment a terrorist can receive is

A) B) C) D)

death. life without parole. life with parole after 50 years. 30-50 years' imprisonment without parole.

SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 47) Define organized crime.

48)

Name the members of a typical chain of command in an organized crime group.

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49)

Name three typical criminal activities of organized crime groups.

50)

Explain how money laundering works, and what happens to money once it is laundered.

51)

What are the five elements of a RICO violation?

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Answer Key Test name: Chap 16_5e 1) TRUE 2) FALSE 3) TRUE 4) TRUE 5) TRUE 6) FALSE 7) TRUE 8) TRUE 9) FALSE 10) FALSE 11) FALSE 12) TRUE 13) FALSE 14) TRUE 15) FALSE 16) [D, G, H] 17) [B, J] 18) [A, C, F] 19) [E, I] 20) C 21) B 22) A 23) D 24) B 25) D 26) C Version 1

27) D 28) B 29) C 30) A 31) B 32) C 33) D 34) A 35) B 36) D 37) D 38) D 39) A 40) C 41) D 42) B 43) D 44) B 45) A 46) A 47) Organized crime consists of individuals who associate together for the purpose of engaging in criminal activity for a sustained period of time, with an emphasis on the life of the organization. 48) The typical chain of command is as follows: • The boss • The underboss • Captains and soldiers • Crews

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49) Organized crime groups pursue all types of criminal activity, including large-scale drug operations, gambling networks, prostitution rings, and financial crimes such as money laundering and loan sharking. 50) Money laundering can be accomplished in a number of ways: • An organization can take dirty money and give it to a legitimate business to make it appear that the money was received through the business. • An organization can choose to pay someone else to launder the money. Once money has been turned into clean money, it can be freely used, spent, and transformed into such financial instruments as letters of credit, bonds, other securities, bank notes, and guarantees that can be used and accessed anywhere in the world. Once the money appears legitimate, it is impossible to detect it as laundered money. 51) The five elements of a criminal violation under RICO are • Unlawful activity involving an enterprise • Two or more qualifying acts of racketeering activity • A showing of a pattern of such activity • An effect upon interstate commerce • The commission of the prohibited acts

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