Criminal Law Test Bank by Gardner

Test Bank Criminal Law by Gardner – A+ Graded

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CHAPTER 1
CRIMINAL LAW: PURPOSES, SCOPE, AND SOURCES

MULTIPLE CHOICE

1. An example of private law is
a. criminal law
b. criminal procedure
c. divorce
d. Constitutional law

2. The law of criminal procedure deals with
a. the law followed in the investigation and processing of a crime
b. the definition of crimes
c. contractual issues
d. torts

3. The substantive criminal law
a. defines the standards of conduct for protection of the community
b. is an important branch of private law
c. is no longer followed in the U.S.
d. defines the steps followed in processing a criminal case

4. A person might commit a crime for any of the following reasons except?
a. fear of arrest and punishment
b. insufficient moral or ethical restraints
c. peer pressure
d. opportunity combined with capacity and skill

5. A tort is
a. a public wrong against society
b. a civil wrong done to a person or her property
c. a crime
d. always a moral wrong

6. If a person intentionally damages a building owned by another person, this action
a. is a crime, but not a tort
b. is a tort, but not a crime
c. is neither a tort nor a crime
d. is both a tort and a crime

7. The Latin maxim nulla poena sine lege means
a. no law without punishment
b. no punishment without a moral wrong
c. no punishment without law
d. no law without morality

8. Which of the following is not one of the four generally recognized goals of the criminal justice system?
a. discourage people from committing crimes
b. protect society form dangerous people
c. punish people have committed crimes
d. help victims harmed by crime

9. To be enforceable, state criminal laws must be consistent with
a. civil law
b. substantive law
c. procedural law
d. the U.S. and State Constitutions

10. An ex post facto law is basically a
a. legislative infliction of criminal punishment without a trial
b. retroactive criminal statute
c. limitation on freedom of speech
d. federal criminal statute

11. A bill of attainder is
a. also known as an ex post facto law
b. a legislative act that inflicts punishment without a trial
c. a retroactive criminal statute
d. a type of international law

12. The due process clause is found in the _____ Amendment of the U.S. Constitution
a. First
b. Fourth
c. Eighth
d. Fourteenth

13. What is the name of the inherent power of every state and local government, subject to constitutional limits, to enact criminal laws?
a. police power
b. constitutional authority
c. bill of attainder
d. constitutional power

14. Which branch of the government enacts criminal laws?
a. the legislative branch
b. the judicial branch
c. the executive branch
d. the state branch

15. A statute making heroin addiction, by itself, a crime would most likely
a. be upheld by the U.S. Supreme Court
b. be found unconstitutional
c. violate the overbreadth doctrine
d. conflict with present day drug statutes

16. A statute which punishes a status, or condition of disease, violates the
a. First Amendment
b. Fourth Amendment
c. Sixth Amendment
d. Eighth Amendment

17. The equal protection clause is found in the
a. First Amendment
b. Fourth Amendment
c. Eighth Amendment
d. Fourteenth Amendment

18. The equal protection clause applies
a. to criminal laws only
b. to civil laws only
c. to both criminal and civil laws
d. to federal laws, not state laws

19. Status crimes are criminal laws that punish a status, such as drug addiction, with no act requirement. The issue of status laws began when California passed a law making addiction to what drug a crime?
a. heroin
b. marijuana
c. cocaine
d. morphine

20. The Latin maxim nulla poena sine lege is also known as:
a. the principle of legality
b. the Fifth amendment principle
c. the retroactive prohibition principle
d. the legal principle of prohibition

21. Which branch of the government administers and enforces criminal laws?
a. the legislative branch
b. the judicial branch
c. the executive branch
d. the state branch

22. The _____ Amendment of the U.S. Constitution provides that “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
a. First
b. Fifth
c. Eighth
d. Tenth

23. In the U.S., the supreme law of the land is considered to be
a. the constitution of each state
b. federal statutes
c. Presidential Executive Orders
d. the U.S. Constitution

24. Which branch of the government determines the constitutionality of laws or ordinances?
a. the legislative branch
b. the judicial branch
c. the executive branch
d. the state branch

25. Which of the following is true of the standards set by moral laws compared to those set by criminal laws?
a. The standards set by moral laws are generally higher than those set by criminal laws.
b. The standards set by moral laws are generally lower than those set by criminal laws.
c. The standards set by moral laws are generally the same as those set by criminal laws.
d. None of these answers are true

26. The first and earliest source of criminal laws was
a. common law
b. administrative regulations
c. constitutions
d. statutes

27. In the early 1600s, most colonists in North America
a. followed English common law
b. had only moral, not criminal laws
c. drafted new criminal statutes
d. addressed wrongs only in ecclesiastical courts

28. After the American Revolution, the first criminal statutes in this country
a. created new crimes unknown to English common law
b. adopted Roman law principles of crime
c. converted common law crimes into statutory crimes
d. incorporated the extensive penal codes of several European countries

29. All of the following are constitutional limitations on criminal laws except?
a. ex post facto laws
b. due process
c. void for vagueness
d. overbreadth doctrine

30. Which of the following type of crimes is punishable by one year or more in state prison?
a. felonies
b. misdemeanors
c. status crimes
d. common law crimes

TRUE/FALSE

1. An ex post facto law is a law which has a retroactive effect.

2. An alcoholic cannot be convicted for the offense of being drunk in a public place based upon the Eighth and Fourteenth Amendments.

3. Substantive criminal law deals with the minimum standards of behavior in society.

4. Agencies within the legislative branch of government administer and enforce laws.

5. The “prior notice” doctrine requires that fair warning be given in language that the ordinary person will understand.

6. Status crimes have no act requirement.

7. One reason a person would not commit a crime is that they fear arrest.

8. Police power is the inherent power of the federal government, subject to constitutional limits, to enact criminal laws.

9. One of the generally recognized goals of the criminal justice system is to protect society from dangerous and harmful people.

10. All states have abolished common law crimes.

COMPLETION

1. Law enforcement agencies are found in the ___________ branch of government.

2. The area of the civil law that is closest to the criminal law is _________ law.

ort

3. The principle of legality is that no act should be made criminal or punished without
warning in the form of legislative act.

4. The equal protection clause is found in the ______________ Amendment.

5. A statute which is unclear, ambiguous and uncertain may violate the doctrine of void for __________.

6. A legislative act that inflicts punishment without a trial is called a bill of ____________.

7. A ____________ asks the U.S. Supreme Court to review the decision of a lower court.

8. The ban on cruel and unusual punishment is found in the _____________ Amendment.

9. One of the generally recognized goals of the criminal justice system is to
people who have committed crimes.

10. If being a diabetic were a crime it would be a crime.

CHAPTER 2
JURISDICTION

MULTIPLE CHOICE

1. As compared to the power of the states to enact criminal laws,
a. the federal government has identical authority
b. the federal government has no authority
c. the federal government has more authority
d. the federal government has less authority

2. In U.S. v. Lopez, the U.S. Supreme Court held that the federal law controlling guns in public schools was
a. a valid exercise of Congressional power to regulate commerce
b. beyond the power of Congress
c. a violation of due process
d. a valid exercise of Congressional power to regulate public schools

3. Under what system do the states have the primary responsibility of maintaining public order and safety within each state?
a. the American system of federalism
b. the American system of dualism
c. the American system of constitutionalism
d. the American system of commercialism

4. What gives the federal government power to regulate actions by use of criminal laws only if the actions involve or affect interstate commerce?
a. The Commerce Clause
b. International conventions
c. The federal domain
d. United States Treaties

5. Which of the following is not part of the federal domain?
a. all of these are part of the federal domain
b. Puerto Rico
c. sea approaches to the United States
d. air approaches to the United States

6. What law permits federal agencies to assist in locating state fugitives who may have fled from one state to another?
a. Unlawful Flight Statute
b. Federal Kidnapping
c. Interstate Transportation of Stolen Motor Vehicles
d. Uttering of U.S. Treasury Checks

7. What term means to surrender an accused criminal under the provisions of a treaty or statute by one authority to another having jurisdiction?
a. extradition
b. jurisdiction
c. posse comitatus
d. martial law

8. What is the name of an agreement between nations on a specific subject, such as piracy at sea?
a. United Nations Convention
b. United Nations Contract
c. United Nations Coercion
d. United Nations Comitatus

9. Where does the International Criminal Court sit?
a. The Hague
b. The United Nations
c. Washington DC
d. Rome

10. The process by which a person who has fled is forcibly brought back to the jurisdiction of the court is called
a. transportation
b. extradition
c. mandatory venue
d. compulsive jurisdiction

11. According to the Tokyo Convention Act of 1967, any nation may try persons for what crime even if no acts are committed within that country’s boundary or territorial waters?
a. terrorism
b. murder
c. treason
d. piracy

12. In 1983, the United States claimed sovereignty over waters extending how many nautical miles from the United States and its possessions?
a. 50 nautical miles
b. 100 nautical miles
c. 200 nautical miles
d. 400 nautical miles

13. International criminal law is also known as offenses against the
a. world
b. planet
c. law of nations
d. United Nations

14. The International Criminal Court at The Hague has the power to prosecute people accused of
a. murder
b. all violent crimes
c. offenses which occur in international waters
d. war crimes

15. Which of the following is one of the crimes the federal Mann Act addresses?
a. extortion
b. interstate prostitution
c. kidnapping
d. possession of stolen property

16. What is the name of the federal act that incorporates the state criminal law of the state surrounding the federal enclave as the law of the enclave if there is no relevant federal statute?
a. Incorporated Crimes Act
b. Included Crimes Act
c. Assimilative Crimes Act
d. Autonomous Crimes Act

17. Military installations and other federally owned and controlled lands within the boundaries of a state are called federal
a. islands
b. territories
c. protectorates
d. enclaves

18. Final authority on the scope of Indian tribal jurisdiction is held by
a. each individual tribe
b. the American Congress of Indian Tribes
c. Congress
d. the President

19. How many Indian tribes does the U.S. currently recognize with some attributes of sovereignty?
a. 120
b. 280
c. 310
d. 409

20. What is the name of jurisdiction of the United States over actions within territorial waters of the U.S., on U.S. ships, or stateless vessels on the high seas?
a. Maritime jurisdiction
b. Vessel jurisdiction
c. High Seas jurisdiction
d. Oceanic jurisdiction

21. International conventions and treaties between nations can confer power to what entity to make criminal laws?
a. the Federal Government
b. Indian Tribal Courts
c. Military Courts
d. individual states within the United States

22. Because the states have the primary responsibility to maintain public order and security in their state, they have what kind of authority to create criminal law under the police power of each state?
a. broad
b. narrow
c. ultimate
d. unlimited

23. Indian tribes are generally dependent upon the federal
a. Bureau of Indian Affairs
b. Indian Lands Commission
c. Native American Bureau
d. Sovereignty Commission

24. Persons in U.S. military service are subject to military jurisdiction and the Uniform
a. Military Criminal code
b. Penal Code
c. Code of Military Justice
d. Military Penal Law

25. Should a member of the U.S. military commit a crime off-base, jurisdiction will be with
a. the state
b. U.S. District Court
c. military court
d. United Nations

26. If a member of the U.S. military serving in another country commits an offense while off duty and off base, jurisdiction will be
a. only in that country
b. only in military court
c. only in the Supreme Court
d. with either the military or that country

27. What federal act forbids the use of federal military forces to enforce civilian laws unless there is other constitutional or congressional authorization?
a. Martial Law
b. Military Law
c. Posse Comitatus
d. Martial Jurisdiction

28. The U.S. Supreme Court stated that the term “martial law”
a. has no precise meaning
b. is clearly defined in common law
c. is clearly defined by the military
d. is clearly defined by the President

29. People who commit crimes on federal enclaves can be tried before
a. the state court
b. a federal court
c. tribal court
d. the Supreme Court

30. The federal government does not have inherent police power to create criminal law and is limited to the powers granted to the federal government in the
a. U.S. Constitution
b. Great Writ
c. Declaration of Independence
d. U.S. Supreme Court Guidelines

TRUE/FALSE

1. Under the American system of federalism, the congress has the primary responsibility of maintaining public order and safety within each state.

2. The Unlawful Flight Statute permits federal agencies to assist in locating state fugitives who may have fled from one state to another.

3. Federal enclaves are federally owned and controlled lands.

4. The Federal Government owns and controls up to 1/3 of all of the land in the United States in the form of territories and federal enclaves.

5. Under international law, more than one country could have jurisdiction over the same crime.

6. The International Criminal Court is the world’s first permanent war crimes court.

7. The federal government has no jurisdiction over offenses involving interstate commerce.

8. Tribal courts have no power to exercise criminal jurisdiction over Indians who are not members of that tribe.

9. Military courts have jurisdiction over members of the Armed Forces who commit crimes while off-base and off-duty.

10. Americans who commit crimes in foreign countries are subject to prosecution before U.S. or military courts, but not foreign courts.

41-42

COMPLETION

1. The government may pass laws only in situations authorized by the Constitution.

2. Americans who commit crimes in countries are subject to prosecution before foreign courts, whether they are military personnel or tourists.

3. Federal enclaves are federally owned and controlled .

4. The procedure by which a person who has fled to avoid criminal prosecution is brought back to the jurisdiction is called ___________.

5. Because of the statutes giving many nations jurisdictions over crimes, situations could exist in which a number of nations have _________ jurisdiction.

6. The United States claims jurisdiction extending __________ nautical miles beyond its shores.

7. When the crew of a ship or aircraft seizes control against lawful authority, this is the offense of __________.

8. Crimes committed in places beyond the of any state may be prosecuted on the federal level.

9. Persons in U.S. military service become subject to the Uniform Code of Military ______________.

10. Indian courts have jurisdiction for crimes punished for not more than one-year imprisonment and/or a $5,000 fine (25 U.S.C. § 1302 (7)).

CHAPTER 3
ESSENTIAL ELEMENTS OF A CRIME

MULTIPLE CHOICE

1. The Latin term actus reus means
a. strict liability
b. guilty act
c. guilty mind
d. elements of a crime

2. The Latin term mens rea refers to
a. strict liability
b. guilty act
c. guilty mind
d. elements of a crime

3. According to the Model Penal Code, a person who consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct, acts
a. purposely
b. knowingly
c. recklessly
d. negligently

4. According to the Model Penal Code, how is a person acting, with respect to a material element of an offense, when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct?
a. purposely
b. knowingly
c. recklessly
d. negligently

5. Thinking of committing a crime without performing a criminal act is
a. never a crime
b. a crime in many states
c. a strict liability crime
d. difficult to prove beyond a reasonable doubt

6. Most crimes require the concurrence of which of the following?
a. act and proximate cause
b. guilty act and guilty mind
c. guilty mind and causation
d. act and omission

7. To obtain a conviction, the prosecution has the burden of proving every element of the crime
a. by a preponderance of the evidence
b. by clear and convincing evidence
c. beyond a reasonable doubt
d. beyond a shadow of a doubt

8. Which of the following terms refers to an individual’s mental state?
a. mens rea
b. actus reus
c. scienter
d. proximate cause

9. To find a defendant guilty of the crime of receiving stolen property, most states
a. do not require scienter
b. require proof the defendant knew the property was stolen
c. require proof the defendant committed the theft
d. require proof the defendant had a motive

10. In criminal law, motive refers to
a. criminal intent
b. the defendant’s mental state while committing the crime
c. the reason the defendant committed the crime
d. a necessary element of every crime

11. In a criminal trial, motive
a. is always relevant evidence
b. alone, is sufficient evidence for a conviction
c. is required for conviction
d. is the same as criminal intent

12. A strict liability offense is one without
a. motive
b. proximate cause
c. criminal intent
d. a guilty act

13. Strict liability statutes
a. generally provide for harsh penalties
b. do not require the prosecutor to prove criminal intent
c. require a particular state of mind at the time of the act
d. are considered true crimes

14. Which of the following areas include strict liability crimes?
a. traffic violations
b. narcotics laws
c. public health laws
d. all of these include strict liability crimes

15. In many states, when the age of a minor is an essential element of a crime, as in contributing to the delinquency of a child, the law
a. requires the defendant to testify
b. allows defendants to use the victim’s consent as a defense
c. contains a scienter element
d. does not allow mistake as to the age of the minor to be used as a
defense

16. For crimes in which a harm has occurred, the state must prove
a. the harm to the victim occurred immediately
b. the defendant’s act was the ordinary and proximate cause of the harm
c. both that harm to the victim occurred immediately, and that the defendant’s act was the ordinary and proximate cause of the harm
d. neither that harm to the victim occurred immediately, nor that the defendant’s act was the ordinary and proximate cause of the harm

17. While the classification system suggested by the Model Penal Code distinguishes between each level of mental state, the distinction
a. always makes a difference
b. does not always make a difference
c. is never important
d. is always important

18. The year-and-a-day murder rule
a. requires the victim die within a year and a day
b. has been abolished or amended in many states
c. requires the victim die within a year and a day, and has been abolished or amended in many states
d. does not require the victim die within a year and a day, and has not been abolished or amended in many states

19. The offense of carrying an unauthorized concealed weapon requires a showing of
a. actual possession
b. constructive possession
c. either actual or constructive possession
d. ownership of the weapon by the defendant

20. The mental element required in possession offenses is generally that of
a. intent or knowledge
b. recklessness
c. negligence
d. no mental element is required

21. The intent necessary for one or more elements of an offense is:
a. specific intent
b. global intent
c. mental intent
d. knowledgeable intent

22. The mental purpose or design to commit a specific act is called:
a. intent
b. motive
c. recklessness
d. negligence

23. The cause, inducement, or reason why an act is committed is called:
a. intent
b. motive
c. recklessness
d. negligence

24. Conclusive presumptions can be unconstitutional under the Due Process Clause because the presumption allows the prosecution to avoid proving:
a. an element of the crime charged
b. guilt beyond a reasonable doubt
c. motive
d. negligence

25. Which of the following is a name given to crimes which require no specific intent?
a. general intent crimes
b. conclusive intent crimes
c. substantive intent crimes
d. reasonable intent crimes

26. What is the highest degree of culpability according to the Model Penal Code?
a. purpose
b. knowledge
c. recklessness
d. negligence

27. Which of the following crimes includes the essential element of knowledge beyond a reasonable doubt that defendant knew the property was stolen?
a. receiving stolen property
b. robbery
c. possession of illegal substances
d. homicide

28. Which of the following is seldom made an essential element that must be proved beyond a reasonable doubt in many crimes?
a. motive
b. intent
c. guilt
d. all of these answers are essential elements

29. Motive can be important evidence in determining:
a. punishment
b. guilty
c. recklessness
d. negligence

30. Which of the following crimes require specific intent?
a. first-degree murder
b. selling alcohol to an underage person
c. distribution of illegal drugs
d. unregistered hand grenades

TRUE/FALSE

1. A party to a crime could be a person who aids and assists in the commission of the crime.

2. The term mens rea refers to the harm caused by the defendant’s forbidden act.

3. Not all crimes require proof that a defendant had a specific intent to achieve a specific end.

4. Motive is an essential element of most criminal offenses.

5. The motor vehicle codes of most states contain strict liability statutes.

6. According to the Model Penal Code, purposeful is a higher degree of culpability than negligent.

7. In the past, the year-and-a-day rule requires that criminal defendants be charged within that time frame following the unlawful act.

8. The use of presumptions in the prosecution’s case never present due process problems.

9. One cannot be guilty of possession of stolen property if one does not know property is stolen.

10. Presumptions and inferences enable a fact finder to conclude that because some facts have been proved, other facts may be presumed to be true.

COMPLETION

1. Mens rea is the criminal or state of mind.

2. The reason a person commits a crime is called _________.

3. An offense which requires no mens rea, such as speeding, is a strict __________ offense.

4. According to the Model Penal Code, a person acts __________ when she consciously disregards a substantial and unjustifiable risk.

5. The categories of culpability from the Model Penal Code include purpose, knowledge, recklessness, and .

6. Heroin found in an apartment will most likely be deemed to be in the __________ possession of the person controlling and occupying the apartment.

7. Only rarely is written evidence of the of a defendant available to the state.

8. A statement of substantive law that cannot be overcome with evidence showing otherwise is known as a ______________ presumption.

9. The penalties for liability offenses are usually lighter than “true” crimes.

10. Proximate cause is the ordinary and cause of a result.

CHAPTER 4
CRIMINAL LIABILITY

MULTIPLE CHOICE

1. A request made to another person to commit a crime is the offense of
a. conspiracy
b. attempt
c. solicitation
d. obstruction of justice

2. The purpose of solicitation, conspiracy, and attempt statutes is to
a. prevent serious harm before it occurs
b. prevent persons from aiding the criminal after completion of the crime
c. obtain the cooperation of material witnesses
d. prevent criminals from escaping

3. In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime has
a. not yet violated any law
b. still violated any law
c. committed a crime
d. committed a misdemeanor

4. Abandonment or withdraw by a conspirator makes the crime
a. nonetheless complete
b. not complete
c. complete if one of the conspirators commits the crime
d. not complete unless one of the conspirators commits the crime

5. The crime of solicitation is committed when
a. the person solicited commits the requested crime
b. the person solicited accepts payment
c. when a person attempts to get another to commit a crime
d. when the agreement is placed in writing

6. In the early 1600s, what crime was used extensively by the English Court of the Star Chamber?
a. attempt
b. conspiracy
c. solicitation
d. obstruction of justice

7. What requirement for the crime of conspiracy has been limited or rejected by a substantial number of states?
a. payment or reward
b. overt act
c. two or more guilty persons
d. agreement

8. The death of a co-conspirator
a. may affect a prosecution for conspiracy
b. ends any possibility of prosecution for conspiracy
c. always affects a prosecution for conspiracy
d. never affects a prosecution for conspiracy

9. For criminal conspiracy, proof of an overt act by a defendant
a. was required under common law
b. is unconstitutional
c. is required by most current state statutes
d. is extremely difficult to prove

10. Evidence of an overt act would provide some assurance that
a. at least one of the conspirators was sincere
b. there are at least two persons involved in the conspiracy
c. the object of the conspiracy is illegal
d. there is more than just an attempt to solicit

11. The Wharton Rule states that the crime of conspiracy cannot be charged if the number of people involved are only those necessary by factual circumstance to
a. none of these is correct
b. get away with the crime
c. plan the crime
d. commit the crime

12. A person could be criminally liable for the conduct of another if he or she is a party to a conspiracy to commit a crime and
a. hires another to commit a crime
b. urges another to commit a crime
c. counsels another to commit a crime
d. all of these answers are true

13. The U.S. Supreme Court has stated that the essence of the crime of conspiracy is
a. completion of the substantive crime
b. commission of an overt act by one of the conspirators
c. that object of the conspiracy is illegal
d. agreement to commit a crime

14. A conspiracy to commit an unlawful act is known as a/an
a. common design
b. commitment design
c. conspiracy design
d. concomitant design

15. The most frequently charged anticipatory offense is that of
a. attempt
b. solicitation
c. conspiracy
d. obstruction of justice

16. To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of
a. an agreement to commit the crime
b. a request to commit the crime
c. completion of a substantial step
d. a motive

17. Federal courts and many states use the Model Penal Code substantial step test in determining whether the crime of _____ has been committed.
a. attempt
b. solicitation
c. conspiracy
d. obstruction of justice

18. Attempting to pick an empty pocket would be an example of which kind of impossibility?
a. legal
b. factual
c. imminent
d. contingent

19. Attempting to receive stolen goods that were not stolen would be an example of which kind of impossibility?
a. legal
b. factual
c. imminent
d. contingent

20. For the crime of attempt, most state and federal courts have rejected the defenses of
a. consent and alibi
b. insanity and necessity
c. coercion and entrapment
d. legal and factual impossibility

21. If a defendant plans to engage in conduct that he believes to be a crime, but the conduct as planned is not a crime, the defendant is
a. guilty of an attempt
b. guilty of conspiracy
c. not guilty of an attempt
d. none of these answers is correct

22. “A person who is a party to an agreement to commit an unlawful act.” This is the definition of which of the following terms?
a. an accessory after the fact
b. an aider
c. an abettor
d. a conspirator

23. A person asking another to commit murder is guilty of
a. solicitation
b. aiding
c. abetting
d. conspiracy

24. A person who provides assistance to another who commits the crime is called
a. a solicitor
b. an aider and abettor
c. a co-conspirator
d. solicitee

25. What principle of liability holds a defendant legally responsible for the unlawful conduct of others that he aids and abets?
a. principal
b. accessory
c. accomplice
d. party

26. All participants in a conspiracy or common plan to commit a crime are guilty of any act of another participant as long as that act is deemed a/an _____ of the intended crime.
a. element
b. natural and probable consequence
c. unforeseeable consequence
d. preferred outcome

27. According to the case of United States v. Thorn conspiracy can be proved even if the co-conspirator cannot be found or
a. cannot be identified
b. has died
c. changes his mind
d. refuses to testify

28. The Wharton Rule requires that crimes needing more than one person for commission, such as bigamy, require how many people for a conspiracy conviction?
a. three or more
b. four or more
c. five or more
d. two or more

29. Which of the following impossibility defenses is still viable?
a. engaging in conduct one thinks is a crime but that is not a crime
b. engaging in factual impossibility
c. engaging in legal impossibility
d. engaging in legal or factual impossibility

30. Impossibility is generally not a defense, unless
a. the crime did not occur
b. the defendant is ruled mentally incompetent
c. what is being attempted is a crime
d. what is being attempted is not a crime

TRUE/FALSE

1. In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime, has not yet violated any law.

2. Few states require that some overt act be committed pursuant to the agreement before it becomes a crime.

3. Conspiracy can be proved even if the co-conspirator cannot be found or identified.

4. Courts currently categorize impossibility defenses in attempt cases into two classes: factual impossibility and legal impossibility.

5. The Model Penal Code would provide a defense to a conspiracy charge where a conspirator “thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.”

6. “What one did they all did” is the rule that all parties to a conspiracy are liable for every action taken by any party in furtherance of the conspiracy or agreement.

7. A complete and voluntary renunciation of criminal purpose is not a defense to a charge of attempt to commit a crime.

8. A person cannot be convicted of a conspiracy to commit a crime if the agreed objective is not criminal.

9. A person who aids and abets a criminal is sometimes referred to as an accomplice.

10. When a person becomes liable for the criminal acts of another, it is known as strict liability.

COMPLETION

1. If the conspiracy is , the crime of conspiracy is nonetheless complete.

2. Most state statutes on criminal conspiracy require proof of an _______ act by a defendant.

3. The _____________ Rule states that the crime of conspiracy cannot be charged if the number of people involved is only those necessary to commit the crime.

4. The U.S. Supreme Court has stated that the essence of the crime of conspiracy is the ____________ to commit a crime.

5. An example of ___________ impossibility would be trying to pick a pocket that is empty.

6. An example of _________ impossibility would be attempting to buy stolen goods when in fact the goods have not been stolen.

7. Under common law, a person who knew a crime had been committed and gave aid or comfort to the person who committed the crime was termed a(n) _________ after the fact.

8. The principle of ____________ liability holds a defendant legally responsible for the unlawful conduct of others that he aids and abets.

9. Asking someone to commit a crime is known as .

10. When a criminal statute imposes liability without requiring proof of criminal intent, the offense is called a ____________ liability offense.

CHAPTER 5
CRIMINAL RESPONSIBILITY AND THE CAPACITY TO COMMIT A CRIME

MULTIPLE CHOICE

1. The age selected by the jurisdiction as the minimum age for a child’s criminal responsibility creates a conclusive presumption that
a. a child under that age lacks the capacity to commit a crime
b. a child under that age would not commit a crime
c. a child under that age does not want to commit a crime
d. a child under that age has the capacity to commit a crime

2. The two prongs of the M’Naghten rule are
a. cognitive incapacity and moral incapacity
b. cognitive incapacity and volitional incapacity
c. volitional incapacity and moral incapacity
d. volitional incapacity and the product-of-mental illness

3. Under which of the following circumstances do states permit the insanity defense with voluntary intoxication or drug use?
a. when it has created a “settled” psychotic mental state
b. states always permit the insanity defense with voluntary alcohol use but not with drug use
c. states always permit the insanity defense with voluntary drug use but not with alcohol use
d. states never permit the insanity defense with voluntary intoxication or drug use

4. The first prong of the M’Naghten rule
a. requires a showing the defendant did know what he was doing
b. requires a showing the defendant did not know what he was doing was wrong
c. requires a showing the defendant did not know what he was doing
d. requires a showing the defendant knew what he was doing was wrong

5. The common law established the lowest age of criminal responsibility at age
a. 5
b. 7
c. 14
d. 18

6. At what age do most states infer that individuals are competent and capable of committing a crime?
a. 5
b. 7
c. 14
d. 18

7. In some states there is a _____ presumption that children between the ages of 7 and 14 have the capacity to commit a crime.
a. mandatory
b. inferential
c. conclusive
d. rebuttable

8. A rebuttable presumption means the presumption
a. may not be overcome by the presentation of evidence
b. may be overcome by the presentation of evidence
c. may be presented by the prosecution only
d. may be presented by the defense only

9. The second prong requires
a. requires a showing the defendant did know what he was doing
b. requires a showing the defendant did not know what he was doing was wrong
c. requires a showing the defendant did not know what he was doing
d. requires a showing the defendant knew what he was doing was wrong

10. The M’Naghten rule differs from the substantial capacity test primarily on the
of the defendant’s understanding of events that made up the crime charged.
a. magnitude
b. capacity
c. logicality
d. quality

11. How often is voluntary intoxication or drug use the basis for the successful assertion of the insanity defense?
a. almost never
b. never
c. almost always
d. always

12. A defendant of questionable competency should not be tried for a criminal violation because
a. trials of incompetent persons violate their due process rights
b. due process requires persons charged with crimes to be given an opportunity to consult with counsel
c. due process requires persons charged with crimes to be given an opportunity to assist in their own defense
d. all of these answers are correct

13. A defendant who is found not guilty by reason of insanity is almost always
a. tried again for the same offense
b. set free
c. committed to a mental institution
d. reimbursed by the government for the cost of the trial

14. What is the name of the test which combines cognitive incapacity and moral incapacity?
a. The M’Naghten test
b. The “right and wrong” test
c. The Product rule
d. The “Substantial Capacity” Test

15. What is the name of the test which focuses on volitional incapacity?
a. The M’Naghten test
b. The “right and wrong” test
c. The Product rule
d. The “Substantial Capacity” Test

16. What is the name of the test which focuses on the product-of-mental illness?
a. The M’Naghten test
b. The “right and wrong” test
c. The “Substantial Capacity” Test
d. none of these answers is correct

17. In states where it is available, should the jury find the defendant was guilty but mentally ill at the time of the offense, the defendant
a. is free to leave
b. may be committed to a mental institution
c. will automatically be committed to a mental institution
d. may receive any sentence that could be imposed for that crime

18. States with the “guilty but mentally ill” verdict
a. have abolished the insanity defense
b. have retained the insanity defense
c. consider it identical to the not guilty by reason of insanity verdict
d. require the prosecution to prove the defendant was mentally ill

19. Which of the following must be found beyond a reasonable doubt for a defendant to be found guilty but mentally ill?
a. defendant is guilty of offense
b. defendant was mentally ill at time offense was committed
c. defendant was not legally insane at time offense was committed
d. All of these are required for a defendant to be found guilty but mentally ill

20. In what recent case did the U. S. Supreme Court hold that a mentally retarded person could not be subject to the death penalty?
a. Atkins v. Virginia
b. Pruit v. State
c. State v. Ramer
d. Foucha v. Louisiana

21. Which of the following are factors to consider when determining criminal capacity for children?
a. the nature of the crime
b. the child’s age and maturity
c. whether the child evidenced a desire for secrecy
d. all of these are factors to consider

22. To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense counsel and
a. speak and understand English
b. have the ability to hear and see
c. remember what happened at the time of the alleged crime
d. understand the charges and proceedings

23. Defendants who are found incompetent to stand trial
a. may be tried when they become competent
b. may not be tried at any time thereafter
c. are entitled to a verdict of not guilty by reason of insanity
d. are entitled to a verdict of not guilty due to diminished capacity

24. In Jackson v. Indiana, the U.S. Supreme Court held that defendants who are not competent to stand trial may be held
a. up to 90 days
b. up to 120 days
c. no longer than a “reasonable period of time”
d. up to 365 days

25. Courts generally have held that partial amnesia
a. does not render the defendant incompetent to stand trial
b. renders a defendant incompetent to stand trial permanently
c. renders a defendant incompetent to stand trial until their memory returns
d. denies the defendant a fair trial and violates due process

26. What insanity test emerged from the M’Naghten case?
a. the “right and wrong” test
b. the substantial capacity test
c. the product-of-mental illness test
d. the defect of character test

27. Which of the following may be the basis for finding a person incompetent to stand trial?
a. mental illness
b. mental retardation
c. physical illness
d. all of these answers are correct

28. A verdict of not guilty by reason of insanity results in
a. dismissal of the charges
b. incarceration of the defendant
c. hospitalization of the defendant
d. a suspended sentence for the defendant

29. In most states the defendant’s voluntary intoxication or drug use may serve as the basis for a claim
a. of diminished capacity
b. of not guilty by reason of insanity
c. of guilty but insane
d. of guilty but mentally ill

30. Which of the following is true of the requirement of the M’Naghten rule as compared to the “substantial capacity” test?
a. the “substantial capacity” test has a lesser requirement
b. the M’Naghten rule has a lesser requirement
c. the requirements of both are equivalent
d. none of these answers are correct

TRUE/FALSE

1. Many states have codified some version of the common law rules on children’s criminal capacity, though they vary on the age limits adopted.

2. The Washington Supreme Court identified eight factors to consider in determining capacity.

3. The two prongs of the M’Naghten rule include cognitive and moral incapacity.

4. The M’Naghten rule applies only if the defendant knew the nature of his acts and that they were wrong.

5. The substantial capacity test applies whenever the defendant cannot “appreciate” the nature of his acts, or that they were wrong, a lesser requirement.

6. A defendant found guilty but mentally ill may still be given a sentence that could have been ordered for a conviction on the crime charged.

7. Voluntary intoxication or drug use is almost never the basis for the successful assertion of the insanity defense.

8. A verdict of not guilty by reason of insanity results in a conviction of the defendant.

9. Mental illness, mental retardation, or many forms of physical illnesses may be the basis for finding a person incompetent to stand trial.

10. A person who lacks competency does not have the ability to understand what is happening at trial, and thus lacks the ability to participate in his own defense.

COMPLETION

1. Children below a certain cannot be convicted of a crime.

2. A child of 14 could be convicted if it can be shown the child had the ability and understanding to formulate the required criminal intent.

3. The first prong of the M’Naghten rule is called the capacity prong.

4. The substantial capacity test applies whenever the defendant cannot “ ” the nature of his acts, or that they were wrong.

5. In addition to the traditional insanity verdict, some states have provided for the verdict of ___________ but mentally ill.

6. A person found not guilty by reason of insanity cannot be tried again because of the Constitutional provision against double ___________.

7. Voluntary intoxication or drug use is almost the basis for the successful assertion of the insanity defense.

8. Most states place the burden of proof on the ___________ on the issue of being incompetent to stand trial.

9. A verdict of not guilty by reason of insanity results in an of the defendant; a verdict of guilty but mentally ill is a conviction.

10. A person who lacks does not have the ability to understand what is happening at trial.

CHAPTER 6
THE LAW GOVERNING THE USE OF FORCE

MULTIPLE CHOICE

1. Key points in determining the lawfulness of force used in self-defense include:
a. unlawfulness
b. necessity
c. reasonableness
d. all of these are key points in determining the lawfulness of force used in self-defense

2. To be lawful, force used in self-defense or defense of another must be both reasonable and
a. sufficient
b. nondeadly
c. immediately necessary
d. preventable

3. Should a 70-year-old, 100 pound woman begin to hit a 25-year-old, 200-pound man with an umbrella, the man may
a. defend himself by taking the umbrella away from the woman
b. seize the umbrella and strike the woman with it
c. use any force, including deadly force
d. retreat, but cannot otherwise defend himself

4. The amount of force used in self-defense or defense of another must, under the circumstances that exist, be
a. correct
b. reasonable
c. identical
d. less than the force being used by the aggressor

5. The castle doctrine states that people who have been assaulted in their homes by a trespasser have no duty to retreat or flee but may stand their ground and use such force as is necessary and
a. reasonable to defend themselves
b. required to defend themselves
c. sensible to defend themselves
d. fair to defend themselves

6. The Florida “stand your ground” law creates a presumption that a homeowner has a reasonable fear of imminent peril or death whenever another person unlawfully and
a. forcefully enters the dwelling
b. illegally enters the dwelling
c. willingly enters the dwelling
d. readily enters the dwelling

7. Which of the following reasons help explain why use of deadly force is currently forbidden in the defense of property?
a. today, few items of property are vital to survival
b. today, many items of personal property are insured against loss
c. today, law enforcement agencies are readily available to assist individuals confronted with theft
d. all of these are reasons that help explain why use of deadly force is forbidden in the defense of property

8. A person assaulted in their home by a trespasser has no duty to retreat and may use necessary force based upon what doctrine?
a. trespasser
b. homeowner
c. aggressor
d. castle

9. In states that have adopted “make my day” rules, the occupant of a dwelling
a. may not use deadly force against an intruder
b. may use necessary, but not deadly force against an intruder
c. may use deadly force against an intruder
d. must retreat rather than use force against an intruder

10. To lawfully use deadly force in self-defense, what kind of fear of imminent death or great bodily harm must exist?
a. reasonable
b. subjective
c. actual
d. substantial

11. If force in making arrests should be necessary because of resistance or an attempt to escape, the officer may use only such force as is reasonably believed necessary to
a. detain the offender, make the arrest, and conduct lawful searches
b. overcome any resistance by the offender
c. prevent an escape and retake the person if an escape occurs
d. all of these are limits on the amount of force an officer may use

12. According to the U.S. Supreme Court, the Fourth Amendment applies to use of force by a police officer because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of
a. physically intrusive governmental conduct
b. inappropriate governmental conduct
c. abusive governmental conduct
d. physically abusive governmental conduct

13. Today, most states prohibit the use of what kind of force to protect property?
a. physical
b. imminent
c. reasonable
d. deadly

14. In most, if not all states, the use of booby traps is
a. unlawful
b. lawful
c. lawful only if injury does not result in death
d. subject to civil penalties only

15. When an uncooperative driver refuses to submit to a breath or urine test police have begun
a. taking forced blood samples from these uncooperative drivers
b. taking forced breath tests from these uncooperative drivers
c. taking forced urine samples from these uncooperative drivers
d. none of these answers is correct

16. Whether excessive force was used by police in making an arrest will be analyzed under the Fourth Amendment and what standard?
a. due process
b. equal protection
c. reasonableness
d. necessary

17. State laws regarding the use of deadly force in making arrests must comply with the requirements established by the U.S. Supreme Court in which case?
a. Miranda v. Arizona
b. Mapp v. Ohio
c. Ingraham v. Wright
d. Tennessee v. Garner

18. Based on the Fourth Amendment, police officers may use deadly force when seizing a fleeing suspect
a. when the offense is a felony
b. when the offense is a felony and the suspect poses a threat to safety
c. regardless of the seriousness of the offense
d. if it appears the suspect will escape

19. State laws and police regulations regarding the use of deadly force must conform to the requirements established by the U.S. Supreme Court in
a. Tennessee v. Garner and Graham v. Connor
b. Tennessee v. Garner and Couture v. Com.
c. Tennessee v. Garner and State v. Escamilla
d. Tennessee v. Garner and People v. Miller

20. What doctrine states that a person in his home is justified in using reasonable force, including deadly force, in response to an assault in their home?
a. the castle doctrine
b. the queen doctrine
c. the king doctrine
d. the “make my day” doctrine

21. “Stand your ground” laws change what doctrine in many states by adopting a presumption that a homeowner has a fear of imminent peril whenever he is attacked in his home?
a. the castle doctrine
b. the “make my day” doctrine
c. the Brown doctrine
d. the Garner doctrine

22. A police officer may use non-deadly force to
a. detain a suspect
b. protect him/herself from harm
c. protect others from harm
d. all of these answers are correct

23. Actions by police officers using force to arrest a suspect are “seizures” of the suspect, and thus under the Fourth Amendment must be
a. reasonable
b. rational
c. non-deadly
d. safe

24. When stopping a person for investigative purposes based upon “reasonable suspicion,” officers may use
a. no force, only verbal warnings
b. reasonable and necessary force given the circumstances
c. their hands, but no devices, to control the subject
d. deadly force

25. State laws or regulations stating how and when police officers may use force must also comply with the
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Seventh Amendment

26. The term “in loco parentis” refers to
a. transporting mental patients
b. people who take the place of parents
c. when parents are present
d. adoptive parents

27. In determining what constitutes a crime of child abuse, consideration will be given to
a. the age, size, and health of the child
b. the reason for the discipline
c. the gender of the child
d. the age, size, and health of the child, and the reason for the discipline

28. As long as it is reasonable, a child may be disciplined by
a. parents
b. any person in loco parentis
c. public school teachers
d. any of these

29. Who may use deadly force when faced with the threat of death or serious bodily harm to the officer or another?
a. a police officer
b. a probation officer
c. anyone
d. all of these answers are correct

30. Law enforcement officers, neighbors, and other adults who see a child misbehave
a. may discipline the child using any means as long as it takes place immediately
b. may use reasonable force to prevent damage to property
c. may discipline the child only by spanking
d. none of these answers are correct

TRUE/FALSE

1. The law regarding the use of deadly force in making an arrest is exactly the same from state to state.

2. Not only police officers, but any person, may use reasonable force to defend another person against unlawful force or interference.

3. When acting in self-defense, all states impose a duty to retreat prior to the use of deadly and non-deadly force.

4. Not having to retreat before using defensive force in one’s home is known as the “castle doctrine.”

5. In states that have adopted “stand your ground” laws, severe limits have been placed on the use of deadly force by the occupant of a dwelling.

6. The Fourth Amendment is not violated by an arrest based on probable cause, even though the wrong person is arrested.

7. Only parents may use reasonable force in disciplining children.

8. Booby traps and spring guns may not lawfully be used to protect property.

9. Deadly force may never be used by a police officer in an attempt to seize an individual.

10. A citizen is never authorized to use deadly force against another citizen; only police may use deadly force against another person.

COMPLETION

1. The doctrine permitting people who have been assaulted in their homes by a trespasser to stand their ground and use such force as is necessary and reasonable to defend themselves is called the “ “ doctrine.

2. Force may not be used legally in making an arrest unless the arrest is a
, custodial arrest made in good faith.

3. The law regarding the use of deadly force in making an arrest somewhat from state to state.

4. According to the _________ doctrine, a person does not have a duty to retreat before using defensive force in their own home.

5. To lawfully use deadly force in self-defense, a reasonable fear of _________ death or great bodily harm must exist.

6. Deadly force may never be used to make the arrest of or to prevent the escape of a person who has committed a .

7. Under the old common law used on the American frontier, _______ force was often used to protect property.

8. Using excessive force during an arrest would constitute an unreasonable seizure in violation of the _________ Amendment.

9. The killing of a fleeing suspect is a __________ under the Fourth Amendment, and is therefore constitutional only if reasonable.

10. In general, parents may use _____________ force to discipline their children.

CHAPTER 7
OTHER CRIMINAL DEFENSES

MULTIPLE CHOICE

1. Double jeopardy does not bar successive prosecutions of a defendant convicted of one offense if the subsequent prosecution involves
a. a different or separate offense
b. retrying a person who was previously found not guilty by reason of insanity
c. a new attorney
d. a different judge

2. Foreign diplomatic officers in the United States are immune from
a. arrest
b. prosecution
c. both arrest and prosecution
d. punishment for all crimes except felonies

3. While the legislature is in session or legislators are traveling to the legislature, both the U.S. and most state constitutions provide immunity from
a. arrest
b. prosecution
c. both arrest and prosecution
d. serving a sentence

4. Many grants of immunity come after a witness asserts their _____ Amendment privilege against self-incrimination.
a. Fourth
b. Fifth
c. Sixth
d. Eighth

5. The two types of immunity which may be granted to a witness or suspect are
a. overt and covert
b. latent and patent
c. transactional and use
d. absolute and contingent

6. A mistake of fact can be a defense if it
a. negates the mens rea
b. is an act or omission
c. is unreasonable
d. breaks the chain of causation

7. The mistake of fact defense may not be used for which type of offense
a. felony
b. misdemeanor
c. capital
d. strict liability

8. The general rule is that ignorance of the law is
a. not a defense
b. a defense only to crimes of violence
c. is a defense
d. is a defense only in capital cases

9. The “different offense” rule states that where the same acts or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision
a. requires proof of an additional fact which the other does not
b. occurred in the same location
c. occurred at the same time
d. was a felony or misdemeanor

10. The doctrine that prevents a second determination of a charge or issue once it has been judicially determined in a case involving the same parties is called
a. res judicata
b. collateral estoppel
c. res collateral
d. estoppel judicata

11. The doctrine that prohibits a second determination of a fact, when the fact was earlier judicially determined in a case involving the party who advances the doctrine is called
a. res judicata
b. collateral estoppel
c. res collateral
d. estoppels judicata

12. The defense that usually alleges that a law enforcement officer has planted false evidence, or has altered, substituted, or destroyed evidence, in an effort to convict the defendant of the crime charged is known as a
a. frame-up
b. entrapment
c. collateral citation
d. jinx

13. When using the defense of duress, defendants admit they committed the crime but did so only because they
a. were ordered to do so by a superior
b. were forced to become intoxicated or drugged
c. were tricked by law enforcement
d. were threatened with death or serious bodily injury if they did not
commit the crime

14. In the case of escape from prison or jail, duress or coercion
a. may never be used as a defense
b. may be a defense only in limited circumstances
c. may be a defense only if they were subjected to cruel and unusual punishment
d. may be a defense only if the defendant is innocent of the charge

15. In most states, duress is not a defense to
a. murder
b. treason
c. any crime
d. any property crime

16. What other name is the “choice of evils” defense also known as?
a. coercion defense
b. entrapment defense
c. necessity defense
d. duress defense

17. If the defendant has a reasonable alternative, and harm is not imminent, the defendant
a. may not utilize the necessity defense
b. may utilize the necessity defense
c. may utilize the necessity defense only to take the life of another
d. may utilize the necessity defense in misdemeanor, not felony cases

18. The difference between a frame-up and a set-up is that in a set-up the person doing the set-up is
a. not a law enforcement officer
b. a law enforcement officer
c. a judge
d. is not a judge

19. The defense of entrapment has two elements:
a. improper government inducement of the crime and lack of predisposition on the part of the defendant to engage in the criminal conduct
b. improper inducement of the crime and lack of predisposition on the part of the defendant to engage in the criminal conduct
c. improper government inducement of the crime and predisposition on the part of the defendant to engage in the criminal conduct
d. none of these answers are correct

20. In a jury trial, jeopardy attaches once
a. the jury is sworn
b. the first witness is sworn in
c. the jury reaches a verdict
d. the judge imposes a sentence

21. In a bench or court trial, jeopardy attaches once
a. the first witness is sworn in
b. the prosecution rests their case-in-chief
c. the judge reaches a verdict
d. the judge imposes a sentence

22. The protection against double jeopardy is found in the _____ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth

23. If a defendant is tried for the same offense by both the state and federal governments, this is
a. always a violation of double jeopardy
b. not a violation of double jeopardy
c. not a violation of double jeopardy if the first trial resulted in acquittal
d. a violation of double jeopardy only if the first trial resulted in acquittal

24. Double jeopardy prohibits a person from
a. being tried for an offense and then for a lesser-included offense
b. being tried by both state and federal governments for the same offense
c. being tried by two different states for the same offense
d. being tried again after the appellate court grants a new trial

25. Double jeopardy applies
a. if a mistrial occurs before jeopardy has attached
b. if one action is criminal and one civil
c. only if the defendant is convicted in the first trial
d. when the trials are for the same offense in the same court

26. A defense based on unacceptable government persuasion even though the defendant admittedly chose to commit the crime is known as
a. entrapment
b. frame up
c. set up
d. necessity

27. The name of the test used to determine when a speedy trial violation has occurred is the
a. four-factor balancing test
b. five-factor balancing test
c. six-factor balancing test
d. seven-factor balancing test

28. The constitutional right to a speedy trial is found in the _____ Amendment.
a. Fourth
b. Fifth
c. Sixth
d. Eighth

29. The right to a speedy trial commences when a person
a. becomes the target of a criminal investigation
b. testifies before a grand jury
c. is officially charged with a crime
d. appears with counsel for trial

30. Which of the following is not one of the factors used to determine when a speedy trial violation has occurred?
a. the length of the delay
b. the reason for the delay
c. the prejudice resulting from the delay
d. all of these are factors used to determine when a speedy trial violation has occurred

TRUE/FALSE

1. At times, a mistake of fact can serve as a defense to criminal liability.

2. Diplomatic immunity for consular officers is not absolute.

3. In most states, duress is not a defense to a charge of murder.

4. Double jeopardy means that a person who has been acquitted by a judge or a jury may not be tried again, unless subsequent investigation reveals evidence that proves conclusively that the defendant is guilty.

5. The prohibition against double jeopardy is found in the Sixth Amendment to the U.S. Constitution.

6. The defense of res judicata means basically that the issue has already been decided.

7. The doctrine that different governments may each file separate criminal actions for the same criminal act is the “dual sovereignty” doctrine.

8. Should the conduct of law enforcement agents be deemed outrageous, it may violate the defendant’s right to due process.

9. The U.S. Constitution states a defendant must be tried within six months of arrest.

10. The doctrine of collateral estoppel prevents the retrying of factual questions determined in a previous, related, trial.

COMPLETION

1. There are two kinds of witness immunity, transactional immunity and immunity.

2. If the harm sought to be avoided by committing the crime is greater than the harm of the crime itself, the defendant may have the defense of ____________.

3. In a jury trial, jeopardy attaches when a __________ is sworn.

4. The right against double jeopardy is found in the __________ Amendment.

5. Under the ________ sovereignty doctrine, different governments may each file separate criminal actions for the same criminal act.

6. In a case involving an entrapment defense, the initial burden of coming forward with evidence is placed upon the ____________.

7. A successful entrapment defense must establish the government’s improper inducement and the defendant’s lack of ___________ to commit the crime.

8. At times, a of fact can serve as a defense to criminal liability.

9. The constitutional requirement for a speedy trial must be complied with unless the defendant _________ that right.

10. Failure to try a defendant within the time necessary to satisfy the speedy trial requirement may result in ___________ of the criminal charge.

CHAPTER 8
CRIMINAL PUNISHMENTS

MULTIPLE CHOICE

1. The Sixth Amendment requires that factual findings made for the purpose of enhancing a sentence must be made by a
a. jury
b. judge
c. prosecuting attorney
d. defense attorney

2. In Ring v. Arizona, 536 U.S. 584 (2002), the Court held that a state capital sentencing procedure that permitted the sentencing judge to make the factual determination of the aggravating and mitigating circumstances present
a. violated the Sixth Amendment’s right of trial by jury
b. violated the Sixth Amendment’s right of trial by judge
c. violated the Sixth Amendment’s right to a speedy trial
d. violated the Eight Amendment’s right to freedom from cruel and unusual punishment

3. In Blakely v. Washington, the Supreme Court held the sentence was invalid under the Sixth Amendment, because the defendant was entitled to a jury trial on the facts supporting the finding that he acted with
a. deliberate cruelty
b. deliberate indifference
c. deliberate apathy
d. deliberate malice

4. In Booker, the Court held that under the holdings of Apprendi and Blakeley, the Federal Sentencing Guidelines violated the Sixth Amendment’s right to
a. jury trials in criminal cases
b. speedy trials in criminal cases
c. fair trials in criminal cases
d. an attorney in criminal cases

5. The Federal Sentencing Guidelines are
a. no longer mandatory
b. no longer discretionary
c. no longer applicable
d. no longer fair

6. The name given to the test used to determine whether a sentence constitutes cruel and unusual punishment is
a. balancing
b. scales of justice
c. proportionality
d. moderation

7. In the 1972 case of Furman v. Georgia, death penalty laws in all states were struck down as
a. “arbitrary and capricious” by the U.S. Supreme Court
b. “arbitrary and changeable” by the U.S. Supreme Court
c. “random and capricious” by the U.S. Supreme Court
d. “arbitrary and illogical” by the U.S. Supreme Court

8. In Ingraham v. Wright, the Supreme Court considered the relationship between the cruel and unusual punishment clause and the use of corporal punishment in
a. public schools
b. prisons
c. the work place
d. private schools

9. The U.S. Supreme Court has held that reasonable corporal punishment in public schools
a. violates the Eighth Amendment
b. violates substantive due process
c. is not covered by the cruel and unusual punishments clause
d. violates equal protection

10. In a public school, any excessive, unreasonable corporal punishment which would shock the conscience would be a violation of
a. substantive due process
b. procedural due process
c. the cruel and unusual punishment clause
d. equal protection

11. The absence of fair procedures before corporal punishment is utilized on a public school student would be a violation of
a. substantive due process
b. procedural due process
c. the cruel and unusual punishment clause
d. equal protection

12. Which of the following types of defendants can be given the death penalty?
a. mentally retarded defendants
b. juvenile defendants
c. female defendants
d. insane defendants

13. In the 1972 case of _____ v. Georgia, the U.S. Supreme Court struck down all state death penalty laws as “arbitrary and capricious.”
a. Thomas
b. Cosgrove
c. Furman
d. Ellison

14. Generally, before the death penalty may be imposed, a judge or jury must find at least one of what kind of circumstance?
a. mitigating
b. balancing
c. concurrent
d. aggravating

15. What kinds of evidence must be produced if the prosecution seeks imposition of the death penalty after a jury has found the defendant guilty of the crime charged?
a. aggravating circumstances
b. mitigating circumstances
c. infuriating circumstances
d. frustrating circumstances

16. The Eighth Amendment prohibits the imposition of which kind of fines?
a. excessive
b. proportional
c. mitigating
d. monetary

17. The text of the Eighth Amendment prohibits excessive bail, excessive fines, and
a. cruel and unusual punishment
b. the death penalty
c. life without parole
d. three strikes laws

18. The Sixth Amendment requires that a jury must make factual findings for the purpose of
a. enhancing a sentence
b. putting a guilty defendant to death
c. a downward departure
d. a reduced sentence

19. Fines, like other types of punishment, must be
a. balanced
b. contingent
c. pro-rated
d. proportional

20. All states and the federal government have some type of sentence _____ statutes which typically increase the penalty if the crime was deemed a hate crime or the victim was elderly or handicapped.
a. mitigation
b. enhancement
c. aggravation
d. proportionality

21. Habitual offender or recidivist statutes that provide for a life sentence after multiple felony convictions are
a. unconstitutional
b. routinely found to be cruel and unusual punishment
c. allowed on the federal level but not on the state level
d. subject to a proportionality test, i.e., the sentence fits the crime

22. Which of the following is NOT characteristic of career-criminal programs?
a. longer sentences
b. encourages plea bargaining
c. speeds up prosecution of the defendant
d. development of special units within law enforcement agencies

23. In the Solem v. Helm case, the Supreme Court held the defendant’s sentence to life without parole for passing a “no account” check was
a. a harsh, but acceptable sentence
b. a violation of procedural due process
c. a violation of the Eighth Amendment
d. an advisable sentence which would serve to deter others

24. What case established the steps for a proportionality review of a non-capital sentence?
a. the Solem case
b. the Apprendi case
c. the Blakely case
d. the Miranda case

25. In Apprendi, the Court held that any fact that increases the penalty for the crime charged must be submitted to the jury and proved
a. beyond a reasonable doubt
b. beyond a reasonable suspicion
c. beyond a doubt
d. by a preponderance of the evidence

26. The Apprendi opinion caused many changes in
a. sentencing procedures
b. jury procedures
c. misdemeanor trial procedures
d. wording of three strikes laws

27. Blakely v. Washington, 124 S.Ct. 2531 (2004), applied the reasoning of Apprendi to
a. state sentencing systems
b. federal sentencing systems
c. city sentencing systems
d. county systems

28. The laws popularly called “three strikes and you’re out”
a. consistently violate the Eighth Amendment
b. have been repealed in all states
c. violate double jeopardy
d. apply only to felony convictions

29. Based upon the Court’s decision in Lockyer v. Andrade, “three-strikes” laws may
a. be unconstitutional in certain situations
b. not be used for nonviolent offenses
c. not be used in federal courts
d. not be used in federal or state courts

30. In Atkins v. Virginia, 536 U.S. 304 (2002), the Court held that the Cruel and Unusual Punishment Clause of the Eighth Amendment prohibited imposition of the death penalty on defendants with
a. mental retardation
b. schizophrenia
c. terminal illness
d. none of these answers are correct

TRUE/FALSE

1. The Eighth Amendment of the U.S. Constitution, ratified in 1791 as part of the Bill of Rights, provides that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

2. Corporal punishment in public schools violates the Eighth Amendment.

3. In 1972, the Supreme Court, in Furman v. Georgia, invalidated all existing state death penalty laws.

4. The death penalty may not be imposed upon a person determined to be insane.

5. The Apprendi opinion caused many changes in sentencing procedures and also resulted in many reversals of sentences handed down by trial judges.

6. Blakely v. Washington, 124 S.Ct. 2531 (2004), applied the reasoning of Apprendi to state sentencing systems.

7. A defendant ordered to serve two years concurrently for conviction of two counts of a crime must serve the sentences one after the other, for a total of four years.

8. A long criminal record would be an aggravating factor while no previous criminal record would be a mitigating factor.

9. In 1984 the federal government passed the Truth in Sentencing law (TIS), which encouraged states to pass sentencing laws that guaranteed a defendant served the entire time sentenced rather than just a few years.

10. The use of a firearm or dangerous weapon while committing a crime frequently serves as a basis for sentence enhancement.

COMPLETION

1. The ban on cruel and unusual punishments requires that punishments be ____________ to the seriousness of the offense.

2. In Booker, the Court held that under the holdings of Apprendi and , the Federal Sentencing Guidelines violated the Sixth Amendment’s right to jury trials in criminal cases.

3. To impose the death penalty, the jury must find the existence of a(n) __________ circumstance.

4. Death penalty statutes allow the jury to impose a sentence other than the death penalty if they find a ____________ circumstance.

5. In 1972, in the case of ___________ v. Georgia, the U.S. Supreme Court invalidated all existing state death penalty statutes.

6. The ___________ Amendment prohibits execution of a prisoner who is insane.

7. Sentences that are to be served are served at the same time.

8. The Eighth Amendment Cruel and Unusual Punishment Clause is not applicable to the use of corporal punishment for purposes in the public schools.

9. In the 1972 case of Furman v. Georgia, death penalty laws in all states were struck down as “arbitrary and ” by the U.S. Supreme Court.

10. Sentence enhancement statutes are used to ____________ the period of incarceration the defendant may be ordered to serve.

CHAPTER 9
FREE SPEECH, “STREET CRIMES,” AND THE BILL OF RIGHTS

MULTIPLE CHOICE

1. One test for when government can ban speech because of its potential for harm is the
a. clear and present danger test
b. obvious and current harm test
c. contingent and imminent injury test
d. overt and contemporary peril test

2. Which of the following are forms of speech that are NOT protected by the First Amendment?
a. political speech
b. commercial communications
c. fighting words
d. advertising

3. The fighting words exception to First Amendment protection generally requires
a. the use of obscenity
b. face-to-face confrontation
c. a defamatory message
d. vulgar language

4. Symbolic speech such as uniforms, religious garb, black armbands, and hand gestures express messages and ideas and are protected by the
a. First Amendment
b. Second Amendment
c. Third Amendment
d. Fourth Amendment

5. A statute forbidding persons not in custody from making false statements to law enforcement officers, even if not under oath, would
a. not violate the First Amendment
b. violate the First Amendment
c. violate the privilege against self-incrimination
d. violate due process

6. Patently offensive sexual material which is not protected by the First Amendment would be
a. pornography
b. obscenity
c. profanity
d. blasphemy

7. In determining whether something is obscene, the court will view the material from the point of view of
a. expert witnesses
b. a reasonable police officer
c. the average person applying community standards
d. a person well acquainted with art and literature

8. Public use of vulgar, profane, or indecent language or signs
a. is generally protected speech
b. is never protected by the First Amendment
c. violates the First Amendment only if it is offensive to the general public
d. is automatically considered a breach of the peace

9. The offense of inciting occurs
a. if the person incited actually commits the crime
b. if the person inciting participates in the criminal act
c. even if the unlawful act is never actually committed
d. if the inciting words are expressed in a loud and forceful voice

10. The crime of inciting occurs when speech or communication urges
a. violent lawless action
b. imminent lawless action
c. obscene lawless action
d. felonious lawless action

11. The two forms of defamation are
a. past and imminent
b. libel and slander
c. latent and patent
d. dangerous and offensive

12. What is the name given to speech which injures the character or reputation of another by written communication?
a. slander
b. libel
c. extortion
d. false publication

13. Defamation is the communication of false statements that
a. cause another to commit a breach of the peace
b. pose a clear and present danger
c. are patently offensive
d. damage the reputation of another

14. Which of the following has NOT been considered to be a “true threat”?
a. threats against public officials
b. threats by schoolchildren against teachers or other students
c. terrorist threats
d. all of these have been considered to be “true threats”

15. Which of the following are ways one person might stalk another person?
a. spying on the victim
b. following the victim
c. e-mailing the victim
d. all of these are ways one person might stalk another person

16. In District of Columbia v. Heller, 128 S.Ct. 2783 the U.S. Supreme Court held that the Second Amendment was a
a. private right
b. state right
c. federal right
d. government right

17. Speech that, because it will likely incite immediate violence, is not protected by the First Amendment is known as
a. fighting words
b. obscenity
c. rude language
d. incitement

18. The test used to judge government restrictions on speech is called the
a. clear and present danger test
b. libel and slander test
c. stalking test
d. violence test

19. Using the U.S. mail or e-mail to convey a threat of violence is
a. a form of pure speech
b. a form of symbolic speech
c. considered fighting words
d. a violation of federal law

20. When a city or state restricts conduct in public places
a. it must have proof that the conduct is or will be harmful
b. the public place must attract large numbers of people
c. the restrictions must not be aimed at speech
d. it must show it has a significant interest in placing restrictions and they must be no greater than necessary

21. Which of the following is NOT one of the guidelines for American courts to define obscenity established in the 1973 case of Miller v. California?
a. Whether “the average person applying contemporary community standards” would find that the work, taken as a whole, appeals to the prurient interest.
b. Whether the work or communication depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law.
c. Whether the work or communication, taken as a whole, lacks serious literary, artistic, political, or scientific value.
d. all of these are guidelines established to define obscenity in the 1973 case of Miller v. California

22. A person who lies to federal investigators can be charged under the
a. Federal Fraudulent Claim Act
b. Federal Obstruction of Investigation Act
c. Federal Perjury Act
d. Federal False Statement Act

23. The offense of urging another to commit an unlawful act is
a. inciting
b. libel
c. slander
d. stalking

24. The crime of unlawful assembly
a. prohibits the assembly of people for an unlawful purpose or under circumstances that endanger the public peace
b. prohibits political demonstrations without a permit
c. allows the government to limit First Amendment speech
d. was a common crime that most jurisdictions no longer recognize

25. Stalking is a crime
a. if the stalker actually harms the victim
b. if the stalker attempts to harm the victim
c. even if the stalker does not attempt to harm the victim
d. if the victim can identify the stalker

26. The Second Amendment refers to whose right to keep and bear arms?
a. the states
b. the militias
c. the people
d. the National Guard

27. A state or federal gun control law is likely to
a. violate the Second Amendment
b. be supported by the NRA
c. struck down by the federal court
d. be upheld

28. According to the U.S. Supreme Court, the following is not protected by the First Amendment freedom of religion clause EXCEPT:
a. worship
b. violation of child labor laws
c. polygamy
d. handling dangerous animals in a religious ceremony

29. The offense of injuring the character or reputation of another by oral or written communication of false statements is
a. defamation
b. libel
c. slander
d. stalking

30. The First Amendment protects the freedom of religion, speech, free assembly, the press, and
a. petitioning Government for redress of grievances
b. suing Government for redress of grievances
c. libeling Government for redress of grievances
d. slandering Government for redress of grievances

TRUE/FALSE

1. Freedom of speech is an absolute right.

2. “Fighting words” are protected speech under the First Amendment.

3. Local, state, or federal governments in the United States cannot forbid or suppress speech and punish the speaker unless the speech is likely to bring harm to people or property.

4. According to the U.S. Supreme Court, it is the duty of law enforcement to define obscenity.

5. Violations of restraining orders are not “true threats”.

6. The offense of inciting another to commit a crime is not completed until the other person performs the unlawful act.

7. Cyber stalking, or using the Internet to stalk or harass a person, is a variation on the usual physical acts in stalking.

8. The Supreme Court has stated that the right to bear arms is a “fundamental right” made binding on states by the Due Process clause.

9. An e-mail threat against all females will constitute a “true threat.”

10. A person can stalk another by physically intruding into the other person’s life.

COMPLETION

1. Under the First Amendment, government cannot forbid ________ unless it is likely to bring harm to people or property.

2. All states have laws forbidding a breach of the peace, also known as _________ _________.

3. The two main forms of __________ are libel and slander.

4. Fighting words differ from ordinary rude language because they carry the possibility of inciting another to .

5. Violation of a restraining order can subject the violator to a ________ charge.

6. The use of public property is subject to ___________ regulations.

7. First Amendment freedoms and the rights of expression in public places are not ___________.

8. A clear and present danger is the possibility that some speech or conduct will bring harm to people or property .

9. Obscenity is speech or other communication that appeals to a reasonable person’s prurient interest, describes in an offensive manner specific defined sexual conduct, and has no social value.

10. A person can stalk another by sending messages.

CHAPTER 10
HOMICIDE

MULTIPLE CHOICE

1. Which of the following requirements is included in those generally required by courts to reduce murder to manslaughter?
a. there must be adequate provocation
b. the killing must have been in a heat of passion
c. there must have been no opportunity to cool off
d. all of these are included in the requirements for reducing murder to manslaughter.

2. Which of the following requirements is NOT included in those generally required by courts to reduce murder to manslaughter?
a. there must be adequate provocation
b. the killing must have been in a heat of passion
c. the killing must not have occurred during another crime
d. there must be a causal connection between the provocation, the rage or anger, and the fatal act

3. The Latin term meaning the body or substance of the crime (proof that a crime has been committed) is
a. habeas corpus
b. corpus collosum
c. corpus delicti
d. corpus respondeat

4. If the body of the murder victim is never found, the defendant
a. may be held in custody indefinitely
b. may be convicted based on circumstantial evidence
c. can never be convicted of murder
d. may be convicted only of manslaughter

5. When the body of the deceased is available, but doctors are unable to testify specifically that the cause of death was due to an unlawful act
a. jurors may speculate as to cause of death
b. the defendant is still likely to be convicted of murder
c. the defendant will likely plead self defense
d. corpus delicti has not been proved

6. The U.S. Supreme Court upheld the Oregon Death with Dignity Law because it reasoned that treating a physician writing a prescription for a mercy killing as “drug abuse” was
a. unreasonable
b. ridiculous
c. irresponsible
d. reasonable

7. Under the old common law
a. the killing of a fetus was a capital offense
b. killing a fetus carried the same penalty as for killing an adult
c. murder of a newborn required showing it was born alive
d. murder of a child required the child have lived at least one-year-and-a-day

8. Which of the following is NOT required under the Oregon Death with Dignity Law for a person to legally commit suicide?
a. a patient must be found to be terminally ill and have less than six months to live
b. patients must have the mental capacity to fully understand the situation that confronts them
c. a 15-day waiting period after the patient applies and is found to have qualified for physician-assisted suicide
d. a physician must prescribe and administer the drugs to end the patient’s life

9. Under the common law, the killing of a fetus was
a. not a homicide
b. feticide
c. homicide
d. genocide

10. At common law, how soon must a victim die after time of the wrongful act for a homicide conviction?
a. one year and a day
b. one year
c. one month
d. one day

11. The doctrine used when the intention to harm one individual inadvertently causes a second person to be hurt instead is called
a. transferred intent
b. manslaughter
c. voluntary manslaughter
d. involuntary manslaughter

12. If a person is killed during the commission of a felony not listed in § 1111, it is
a. not murder solely because of the felony committed
b. not murder
c. murder solely because of the felony committed
d. none of these answers is correct

13. Which of the following is almost never sufficient provocation to reduce a charge of murder to that of manslaughter?
a. words and gestures
b. battery
c. adultery
d. trespass

14. Corpus delicti means the
a. body of the crime
b. scene of the crime
c. essence of the crime
d. victim of the crime

15. A killer whose gun shot misses the intended victim but kills a bystander can be convicted of the intentional murder of the bystander by use of the doctrine of
a. transferred intent
b. accidental murder
c. common design
d. concurrent mens rea

16. A death at the hands of one who intended to do only serious bodily harm
a. will be prosecuted as a misdemeanor
b. will be prosecuted the same as intentional murder
c. will likely be prosecuted for a lesser degree of murder
d. cannot be prosecuted

17. Depraved-mind murder
a. includes specific intent to injure or harm
b. is called second-degree murder in some states
c. is always a capital offense
d. is a misdemeanor

18. A person who kills another during the course of committing a felony, even if the killing is accidental, is guilty of
a. depraved heart murder
b. involuntary manslaughter
c. felony murder
d. excusable homicide

19. Most states have
a. abolished the felony murder rule
b. reduced felony murder to a misdemeanor
c. found felony murder to be unconstitutional
d. retained some form of the felony murder rule

20. Some states have limited the felony murder rule by requiring that the
a. defendant have intend to kill the victim
b. felony is a dangerous one
c. victim has actively opposed the defendant
d. victim has acted negligently

21. Today, medical science makes proving the connection between actions and a resulting death much easier and clearer, so most states have dropped the
a. year-and-a-day rule
b. decade-and-a-day rule
c. month-and-a-day rule
d. week-and-a-day rule

22. If it appears the victim may have provoked the killing, the defendant will likely be charged with
a. felony murder
b. manslaughter
c. first-degree murder
d. depraved-mind murder

23. In those states that still have the born alive requirement, a fetus must be born “alive” before its death can be
a. murder
b. voluntary manslaughter
c. manslaughter
d. feticide

24. The crime commonly charged when the victim causes the defendant to become enraged to the point of losing normal self-control and killing, is
a. depraved-mind murder
b. depraved-heart murder
c. heat of passion manslaughter
d. felony murder

25. Under the doctrine of transferred intent, the intention formed by the perpetrator of a homicide as to an intended victim is “transferred” to the killing of
a. an unintended victim
b. a felony victim
c. the co-defendant
d. any injured police officer

26. If there is an interval between the act provoking the killer and the killing, the jury will consider if there was
a. an intent to kill
b. a deadly weapon used
c. a cooling of the blood
d. perfect defense

27. Which of the following DO NOT require proof of intent to kill?
a. involuntary manslaughter
b. reckless homicide
c. second degree murder based on intent to do serious bodily injury
d. none of these required proof of intent to kill

28. In all states, the death of the victim of a listed felony, and a third person killed by the felon, constitute
a. felony murder
b. involuntary manslaughter
c. first degree homicide
d. voluntary manslaughter

29. When extreme negligence or wanton or reckless conduct on the part of the defendant brings about an unintended death, the charge will most likely be
a. depraved-mind murder
b. capital murder
c. felony murder
d. involuntary manslaughter

30. The State of Oregon has the power to determine what conduct is criminal in that state
a. unless it contravenes some Federal law
b. no matter what
c. unless it contravenes some other states law
d. none of these answers is correct

TRUE/FALSE

1. If a murder victim’s body is never found, the defendant cannot be convicted of murder.

2. Under the old common law, the killing of a fetus was not a homicide.

3. Most states have abrogated the year-and-a-day rule.

4. Involuntary manslaughter requires proof of intent to kill.

5. A charge of murder could be reduced to manslaughter if provocation existed to cause the criminal conduct.

6. The doctrine of transferred intent allows a murder suspect to escape punishment if someone other than the intended victim is killed.

7. Most states still have some form of the felony murder rule.

8. Felony murder is the appropriate charge when the defendant was provoked into losing normal self-control resulting in a killing.

9. The test of the adequacy of provocation in a voluntary manslaughter case is how a reasonable person would react to the provocation.

10. The U.S. Supreme Court held that the Death with Dignity Law did not violate the Federal Controlled Substance Law.

COMPLETION

1. The term ____________ delicti means the body or substance of a crime.

2. When the common law year-and-a-day rule is abrogated by a state supreme court, the court must determine whether to make the abrogation retroactive, or .

3. Because most criminal homicide statutes prohibited only the killing of a “person” or a “human being,” these statutes did not include the killing of a , which was not a person under the common law.

4. A doctrine used when the intention to harm one individual inadvertently causes a second person to be hurt instead. The individual causing the harm will be seen as having “intended” the act by means of the “ intent” doctrine.

5. Many states divide _____________ into two categories: voluntary and involuntary.

6. For the crime to be voluntary manslaughter, the crime must have resulted from a sufficient or adequate ___________.

7. The test of the adequacy of provocation in manslaughter cases is determined by how the average or ____________ person would react under those circumstances.

8. Imperfect self-defense can reduce a charge of murder to that of ___________.

9. Involuntary manslaughter and homicide do not require proof of intent to kill.

10. When a person participates in the death of another, the act may constitute the crime of murder or __________________.

CHAPTER 11
ASSAULT, BATTERY, AND OTHER CRIMES AGAINST THE PERSON

MULTIPLE CHOICE

1. In the case of assault, the aggravating factors are usually
a. use of a firearm
b. intent to commit a felony
c. use of a firearm or intent to commit a felony
d. none of these answers is correct

2. An assault made more serious by presence of a firearm or as part of intent to commit a felony is called
a. aggravated assault
b. battery
c. completed assault
d. assault

3. A battery that causes serious bodily injury or is committed with a deadly weapon is called
a. aggravated battery
b. assault
c. completed battery
d. battery

4. A defense in which the defendant claims the other party was the aggressor and the defendant acted in self-defense is known as the
a. aggressor defense
b. mutual combat defense
c. reasonable discipline of a child by a parent
d. necessary conduct defense

5. What is the name of an unlawful striking or offensive touching?
a. robbery
b. aggravated assault
c. battery
d. mayhem

6. Who of the following are required, by law, to report suspected child abuse?
a. doctors
b. teachers
c. nurses
d. all of these

7. An assault or battery can occur in a contact sport
a. if it is not consented to in writing
b. only if it constitutes a felony
c. if it is beyond the rules of the game
d. if the players differ in size

8. A defense to a charge of unwanted touching or physical contact could be that the touching was
a. offensive
b. accidental
c. belligerent
d. disorderly

9. Under the Model Penal Code, giving someone a fierce look with intent to frighten would
a. not amount to a crime
b. be a simple assault
c. constitute the crime of menacing
d. be a battery

10. The defense to an assault or battery charge that a fight occurred in which all the parties willingly engaged is known as the
a. aggressor defense
b. mutual combat defense
c. medical care defense
d. the jostling defense

11. On the federal level, which of the following crimes would constitute disablement of the normal functioning of a human body?
a. affray
b. jostling
c. mayhem
d. disorderly conduct

12. When seeking to avoid the defenses that the other party was the aggressor or that mutual combat occurred, police and prosecutors are likely to charge
a. disorderly conduct
b. lesser assault
c. public intoxication
d. misdemeanor assault

13. An assault or battery may be a felony offense
a. because of the seriousness of the victim’s injuries
b. because a dangerous or deadly weapon was used
c. because of the seriousness of the victim’s injuries, and because a
dangerous or deadly weapon was used
d. though not because of the seriousness of the victim’s injuries, nor because
a dangerous or deadly weapon was used.

14. If a victim is intentionally selected because of their race, religion, color, nationality, etc., the defendant may be charged criminally
a. with discrimination
b. with hate crime
c. abuse
d. with a violation of constitutional rights

15. Parents have a legal duty to provide their children with the following EXCEPT
a. education
b. reasonable physical environment
c. money
d. clothing

16. The amount of force that parents may reasonably use in controlling their children is determined in view of
a. community standards
b. the child’s age and sex
c. the child’s level of education
d. how the parents were raised

17. The crime of kidnapping involves unlawfully
a. moving a person
b. assaulting a person
c. battering a person
d. concealing a person

18. Because kidnapping requires the victim to be moved “some distance” or a “substantial distance,” some states have created the crime of
a. false imprisonment
b. abduction
c. involuntary servitude
d. hostage taking

19. All of the following are defenses to a charge of assault or battery except
a. that the other party consented within the rules of the sport being played
b. that it was reasonable discipline of a child by a parent
c. that the conduct was necessary and lawful
d. all of these are defenses to a charge of assault or battery

20. An individual who unlawfully restrains or detains another may be charged with
a. false imprisonment
b. kidnapping
c. involuntary servitude
d. none of the above

21. A false imprisonment aggravated by the movement of the victim to another place constitutes the crime of
a. false imprisonment
b. kidnapping
c. involuntary servitude
d. none of the above

22. The primary difference between the offenses of “kidnapping” and “hostage taking” is
a. one is a felony while the other is a misdemeanor
b. there is no difference, the offenses are identical
c. only kidnapping requires forcible movement of the victim
d. only hostage taking was a crime at common law

23. The use or threat of use of force to restrain or confine a person with the intent to use the person as a hostage to compel another person to perform some act is the definition of
a. hostage taking
b. kidnapping
c. battery
d. assault

24. In most states parental kidnapping
a. is a civil offense only
b. may be dealt with only as part of a pending divorce case
c. is a misdemeanor
d. is a felony

25. Under the federal Missing Children’s Assistance Act, parents of missing children
a. have access to the National Crime Information Center’s missing
person files
b. can file kidnapping charges against spouses who kidnap children
c. must be informed of all law enforcement efforts to find the child
d. may sue kidnappers for money damages

26. In 1996, Congress passed a law that forbids anyone convicted of which of the following crimes from possessing a firearm?
a. child abuse
b. elder abuse
c. affray
d. domestic violence

27. What crime is similar to kidnapping but does not require moving the victim a “substantial distance”?
a. hostage taking
b. interstate kidnapping
c. parental taking
d. hostage kidnapping

28. The FBI can enter parental kidnapping cases through the Fugitive Felon Act if which of the following conditions exist?
a. a state arrest warrant has been issued charging the parent with a felony violation
b. law enforcement officers have evidence of interstate flight
c. a specific request for FBI assistance must be made by state authorities, who agree to extradite and prosecute
d. all of these answers are correct

29. An assault conviction requires acts intended to cause
a. bodily injury, or instill fear of such injury
b. fear of bodily injury
c. bodily injury
d. none of these answers is correct

30. Virtually any kind of physical contact can constitute a
a. battery
b. assault
c. taking hostage
d. kidnapping

TRUE/FALSE

1. Hostage taking differs from kidnapping in that it lacks a “movement” element.

2. A person’s hands may be considered deadly or dangerous weapons.

3. Mandatory reporting laws have been enacted by all states to require doctors, nurses, teachers, day care workers, and other people coming in contact with children to report suspected child abuse.

4. In some jurisdictions, even a touching may be charged as a battery.

5. Hostage taking is false imprisonment coupled with movement of the victim.

6. Self-defense and necessity can be defenses to assault.

7. The common law definition of mayhem is the unlawful and violent depriving of the victim of full use of any functional member of the body.

8. Some action on the part of the offender is always required for a conviction of child abuse.

9. In all courts, movement of the victim from one room to another is sufficient movement to justify a kidnapping conviction.

10. Both kidnapping and false imprisonment require the victim to be moved from one place to another.

COMPLETION

1. Included in the crime of today are (1) an attempt to commit a battery in which no actual battery or physical injury resulted, and/or (2) an intentional frightening.

2. Assault made more serious by presence of a or as part of intent to commit a felony is aggravated assault.

3. In many states the crime of assault also includes .

4. A defendant may argue ___________ combat as a defense to an assault or battery.

5. The presence of one or more ___________ factors could result in an assault or battery being charged as a felony.

6. _______ is a common defense asserted in assault and battery charges.

7. The U.S. Supreme Court has ruled that parents and people acting in the place of parents may use force __________ believed necessary for the child’s proper control, training, or education.

8. ____________ reporting laws require people coming in contact with children to report suspected child abuse.

9. The offense of hostage taking may include all of the elements of kidnapping except __________ of the victim.

10. Child ___________ is the abduction of a child by one parent without the consent of the other parent.

CHAPTER 12
SEXUAL ASSAULT, RAPE, PROSTITUTION AND RELATED SEX CRIMES

MULTIPLE CHOICE

1. Sexual relations (nonmarital) become a crime in the United States if
a. there is a lack of consent
b. they are with a minor incapable of legally consenting
c. they are with a mentally deficient person or an adult incapable of consenting
d. all of these answers are correct

2. Sexual relations (nonmarital) become a crime in the United States if
a. they are performed in public
b. they are performed for profit
c. they are between a therapist and a patient and in violation of the laws of that state
d. all of these answers are correct

3. The National Institute of Justice defines rape as which of the following types of penetration achieved through the use of force or threat of force?
a. vaginal
b. oral
c. anal
d. all of these answers are correct

4. What is the name of the crime in which people of the same family have sex?
a. rape
b. sexual assault
c. sexual battery
d. incest

5. Rule 412 of the Federal Rules of Evidence is an example of a
a. rape shield law
b. sexual predator law
c. child pornography law
d. prostitution law

6. Rule 412 of the Federal Rules of Evidence provides that in a criminal trial of a sexual assault charge, evidence (1) offered to prove the victim engaged in other sexual behavior, or (2) offered to prove the victim’s sexual predisposition, is
a. inadmissible
b. admissible
c. inflammatory
d. defensible

7. Which of the following is not one of the exemptions to rape shield law’s prohibitions?
a. evidence of specific sexual behavior of victim offered to prove another person was the source of semen or other physical evidence
b. evidence of specific past sexual contact between the victim and the accused, if offered to prove consent
c. evidence the exclusion of which would violate the constitutional rights of the accused
d. evidence offered to prove the victim’s sexual predisposition

8. Under the rape shield laws enacted in most states
a. defendants convicted of rape are sentenced to life in prison
b. the rape victim can submit a written statement instead of testifying at trial
c. the victim may have an advocate present with them at trial
d. a rape victim’s past sexual conduct with people other than the
defendant may not be used at trial

9. Rape shield laws were enacted to
a. encourage the reporting of sexual assaults
b. make it easier to obtain convictions for rape
c. make it easier to obtain convictions for rape and encourage the reporting
of sexual assaults
d. make it more difficult to obtain convictions for rape and discourage the
reporting of sexual assaults

10. Which of the following are exceptions to the rape shield laws?
a. evidence of specific sexual behavior of victim offered to prove another person was the source of semen or other physical evidence
b. evidence of specific past sexual contact between the victim and the accused, if offered to prove consent
c. evidence the exclusion of which would violate the constitutional rights of the accused
d. all of these are exceptions to the rape shield laws

11. In most states, honest mistake as to the age of the minor in a statutory rape case
a. is a well-recognized defense
b. is not permitted as a defense
c. is permitted as a defense as long as the child gave consent
d. none of the above

12. In State v. Baker, the Iowa Supreme Court permitted a defendant in a rape case to offer evidence that the victim had in the past made false rape claims against others. Since such evidence is not about past sexual behavior, the court held the rape shield law
a. inapplicable
b. invalid
c. applicable
d. valid

13. Sexual intercourse with a minor female under the age stated by the criminal code, who is not the wife of a perpetrator is the definition of what crime?
a. statutory rape
b. incest
c. assault
d. battery

14. Which of the following is a basis for civil commitment of a sexual predator?
a. pedophilia
b. sociopathy
c. schizophrenia
d. psychosis

15. Because the goal of the commitment was to furnish treatment to the sex offender, rather than punish him for criminal conduct, it is generally held that these civil commitments do not violate the
a. Double Jeopardy Clause or Ex Post Facto Clause of the U.S. Constitution
b. Double Jeopardy Clause of the U.S. Constitution.
c. Ex Post Facto Clause of the U.S. Constitution.
d. none of these answers is correct

16. Once civilly committed, many sex offenders are
a. never released
b. released within a year
c. returned to prison
d. released after they are deemed cured

17. Which of the following is NOT considered prostitution?
a. engaging in sexual relations with another person for a fee
b. offering to engage in sexual relations with another person for a fee
c. requesting to pay a fee to another person for sexual services
d. engaging in sexual relations with a spouse

18. Persons who procure customers for and provide assistance to prostitutes are called
a. procurers
b. pimps
c. facilitators
d. assistors

19. The owner of a hotel who rented out rooms, knowing that rooms were being used for prostitution, could
a. not be convicted of solicitation for this conduct alone
b. be convicted of solicitation for this conduct alone
c. not be convicted of solicitation if he or she were married
d. be convicted of solicitation if he or she were married

20. A defendant could be convicted of pimping for prostitution by proof that the defendant
a. lived off the earnings of a person known by the defendant to be a prostitute
b. supported the defendant and knew she was a prostitute
c. lived with the defendant and knew she was a prostitute
d. was married to the defendant and knew she was a prostitute

21. The Communications Decency Act passed by Congress in 1996, was found to be unconstitutional because it violated which amendment to the U.S. Constitution?
a. the 1st Amendment
b. the 2ndAmendment
c. the 4th Amendment
d. the 5th Amendment

22. Most statutes regarding the offense of sexual touching require the state to prove the touching was intentional, non-consensual, and
a. involved adults
b. was done for commercial gain
c. was done to arouse or gratify one’s sexual desire
d. was obscene

23. What is the stated purpose of the Prison Rape Elimination Act of 2003?
a. to provide the means and funds to reduce the incidence of sexual assaults in prisons in the United States
b. to provide the means to reduce the incidence of sexual assaults in prisons in the United States
c. to provide the funds to reduce the incidence of sexual assaults in prisons in the United States
d. none of these answers is correct

24. What child pornography legislation was passed by congress to eliminate the problems in earlier legislation?
a. the Communications Decency Act
b. the Child Pornography Prevention Act
c. the Child Online Protection Act
d. none of these answers is correct

25. In ACLU v. Gonzales, a federal judge held that the Child Online Protection Act statute was unconstitutional because it
a. did not use the least restrictive means to achieve the desired result
b. was overbroad
c. failed to meet the reasonableness standard
d. violated the 1st Amendment

26. Most states divide sexual assault into
a. two or more degrees
b. three or more degrees
c. four or more degrees
d. five or more degrees

27. Which of the following factors can increase the degree of sexual assault?
a. force used
b. a weapon used
c. bodily injury inflicted
d. all of these answers are correct

28. The Child Online Protection Act (COPA)
a. was enacted by Congress in 1998
b. prohibits commercial internet communication that is harmful to minors
c. was attacked as unconstitutional
d. all of these answers are correct

29. What kind of intent is required for the crime of statutory rape?
a. no specific intent is required
b. specific intent is required
c. real intent is required
d. harmful intent is required

30. Civil commitment is permissible only if it can be shown the person is a dangerous sexual predator who poses a substantial threat to commit sexual offenses in the future, and
a. that the person cannot control his behavior
b. that the person represents a risk to minors
c. that the person has a history of violent behavior
d. that the person has at last three prior charges

TRUE/FALSE

1. Most states divide sexual assault into two or more degrees.

2. It is a defense to the charge of statutory rape that the defendant reasonably believed the person was not a minor.

3. Pimping includes not only securing clients for a prostitute, but also living off the prostitutes illegal earnings.

4. The Child Online Protection Act has been found unconstitutional by a Circuit Court of Appeal, and the Supreme Court has denied review of that decision.

5. Under rape shield laws at trial rape victims do not have to defend their reputations or past sexual conduct with persons other than the defendant.

6. Members of either sex may be convicted of pimping for prostitution.

7. The U.S. Supreme Court has held that the 1996 Child Pornography Prevention Act was unconstitutional because it failed to clearly identify what constituted “indecent” or “patently offensive” material.

8. Aggravated rape is handled the same in all states.

9. Sexual touching laws often require a showing that the conduct was intended to arouse sexual desire.

10. The U.S. Supreme Court has stated that pedophilia is not a basis for civil commitment.

COMPLETION

1. Under some rape statutes, it must be shown that the victim had a genuine and real fear that ____________ force would be used.

2. Most states divide sexual assault into two or more .

3. Rape laws prohibit questioning of a rape victim if the purpose of the questions is to expose the victim’s previous sexual history.

4. Before rape shield laws, a victim’s __________ was deemed “fair game” by defense lawyers.

5. One of the purposes of statutory rape laws is the prevention of illegitimate _________.

6. In most states forbidding statutory rape, a child cannot ___________ to having sexual intercourse with the defendant.

7. Statutory rape requires no specific to have sex with a minor.

8. _________________ includes not only securing clients for a prostitute, but also living off the prostitutes illegal earnings.

9. A majority of states and the federal government do not require __________ as an element of the crime of child pornography.

10. In terms of sexual harassment, the U.S. Supreme Court has held that a “______ or abusive” environment violates the law.

CHAPTER 13
THEFT

MULTIPLE CHOICE

1. “Property” is divided into what two types?
a. personal and tangible
b. personal and intangible
c. real and personal
d. single ownership and dual ownership

2. Two important rights to property are
a. ownership and title
b. ownership and possession
c. title and disposability
d. title and immutability

3. A bailment, or pledge, is an example of a legal situation where the person who
a. has actual possession does not have constructive possession
b. has possession of an item, is not the owner of the property
c. has the title to the item does not have a right to possess the item
d. has ownership of the item but does not have title

4. What rule provides that a person who receives money in good faith and for value given takes title to the money?
a. the “money” rule
b. the “title” rule
c. the “nemo dat” rule
d. the “bond” rule

5. A “taking” can occur by
a. acts of a stranger
b. a trusted employee
c. a spouse
d. any of these

6. The “money” rule is an exception to what other rule?
a. the “securities” rule
b. the “title” rule
c. the “nemo dat” rule
d. the “bond” rule

7. The act of obtaining physical possession or control of another’s property is known as
a. taking
b. stealing
c. shoplifting
d. burglary

8. The key to taking is that the thief
a. exercises unauthorized dominion over the property
b. exercises authorized dominion over the property
c. exercises a lack of control over the property
d. none of these answers are correct

9. An employee who steals money or property from their employer commits
a. extortion
b. bribery
c. fraud
d. embezzlement

10. Under the old common law, the only property that could be stolen consisted of
a. tangible personal property
b. real estate and items attached to the land
c. documents such as stocks and bonds
d. all of these are correct

11. Taking can occur by
a. direct acts
b. appropriating lost or mislaid goods
c. deception
d. all of these are correct

12. A joint owner “takes” the property of the other joint owner if the taker had no right to use or keep the property and
a. doing so infringes on the rights of the joint owner
b. doing so causes harm to the joint owner
c. doing so offends the joint owner
d. does so in a suspicious manner

13. In which of the following ways can the taking requirement be met in shoplifting?
a. hiding retail goods on the person
b. taking the goods out of the store
c. exercising control over goods inconsistent with the right of a shopper to possess goods prior to sale
d. all of these answers are correct

14. Credit card theft can be proved by showing that the defendant
a. caused purchases to be made with the number taken from another person’s credit card
b. caused purchases to be made with a card that had exceed its limit
c. purchased stolen merchandise
d. shoplifted while holding someone else’s wallet

15. What kind of intent is required for the crime of theft?
a. general
b. specific
c. concurrent
d. reckless

16. The prosecution must prove the same basic elements in a shoplifting case as in a trial for
a. robbery
b. theft
c. extortion
d. bribery

17. In a self-service store, a “taking” occurs when the individual exercises control over the merchandise
a. and has exited the store
b. and has gone past the last checkout counter
c. and refuses to pay when requested
d. that is wholly inconsistent with the store’s continued rights

18. For store security to lawfully use force in dealing with a shoplifter, it must be shown that the force was necessary and reasonable
a. in self-defense
b. to prevent the theft of store property
c. to detain the shoplifter
d. all of these

19. If a shoplifter is detained without probable cause, this would constitute
a. false prosecution
b. malicious arrest
c. false arrest or imprisonment
d. malicious detention

20. Many states have enacted what kind of statutes to help protect businesses from civil suits brought by suspected shoplifters?
a. Shoplifting Detention Acts
b. Non-criminal Shoplifting Sanctions
c. In Rem Civil Forfeitures
d. Civil Shoplifting Remedies

21. Shoplifting detention acts (or shopkeeper’s privilege) grants merchants immunity from civil actions brought by suspected shoplifters who were detained if the security personnel
a. are licensed security guards
b. can demonstrate the existence of probable cause
c. personally witnessed the act of shoplifting
d. captured the theft on videotape

22. If a shopper in a store is falsely accused of shoplifting in public but no criminal charges were brought, it may give rise to a civil suit alleging
a. slander
b. libel
c. false detention
d. malicious prosecution

23. Credit card theft
a. requires that the thief have actual possession of the card
b. requires that the thief take and carry away the card
c. can occur merely by unauthorized use of a credit card number
d. is a form of embezzlement

24. Writing a bad check, or one that “bounces”
a. is always a crime
b. may be a civil, but not a criminal violation
c. is a crime only if the check is written in excess of $100
d. may be a crime when the writer refuses to make good the check

25. Wrongfully signing a writing or instrument in the name of the person who issued the writing or instrument, or to whom it was payable is the crime of
a. uttering
b. theft
c. forgery
d. embezzlement

26. Putting into circulation a check known to be worthless is the crime of
a. theft
b. uttering
c. unlawful presentation
d. fraudulent production

27. Creating a false document, or altering an existing document, is the essence of
a. forgery
b. uttering
c. counterfeiting
d. fraudulent procurement

28. The crime of uttering may be committed by presenting to a store clerk
a. a stolen credit card
b. a stolen debit card
c. counterfeit currency
d. a post-dated check

29. Which of the following is an example of a check-kiting scheme?
a. a person has two accounts and deposits a large check from one to the other
b. a person has two accounts and deposits a large check from one to the other, then fraudulently withdraws money from the account before the check clears
c. a person has two accounts and deposits a large check from one to the other knowing the check will bounce
d. a person has two accounts and deposits a forged check in one of the accounts

30. Property ownership may be in the form of
a. sole ownership
b. business partners
c. husband and wife
d. all of these answers are correct

TRUE/FALSE

1. A person may have lawful possession of property yet not be the owner.

2. Taking and keeping lost or mislaid goods is not a crime.

3. Check-kiting involves two bank accounts.

4. Credit card theft can be proved by showing the defendant was in actual possession of a stolen credit card.

5. A person must leave the store without paying for goods before a theft occurs.

6. Generally, to detain a suspected shoplifter, security personnel must have proof beyond a reasonable doubt.

7. When a forged check is presented for payment, the felony offense of theft by deception is committed.

8. Uttering is most often committed when a person presents a forged instrument for payment.

9. Hiding retail goods on the person can constitute taking in a shoplifting crime.

10. The crime of forgery may involve creation of a fake document with intent to defraud.

COMPLETION

1. A ___________ refers to the act of obtaining physical possession or control of another’s property.

2. Credit card theft can be proved by showing the defendant was in actual of a stolen card.

3. The crime of ________________ forbids a person already in lawful possession of property from fraudulently converting it to his own use.

4. The “ ” rule is necessary to make sure money is freely negotiable.

5. A joint owner “ ” the property of the other joint owner if he/she had no right to use or keep the property and doing so infringes on the rights of the joint owner.

6. Exercising control over the goods with the right of a shopper to possess goods prior to sale can constitute taking in a shoplifting crime.

7. ________________ is the form of theft that occurs most frequently in any retail business.

8. To detain or arrest a shoplifter, store personnel generally have to have reasonable grounds, or ___________.

9. When a forged instrument is presented for payment, the crime of __________ has been committed.

10. Altering an existing document or creating a false document with intent to defraud are examples of the crime of ___________.

CHAPTER 14
ROBBERY, BURGLARY, AND RELATED CRIMES

MULTIPLE CHOICE

1. Robbery may be thought of as a _____ type of stealing.
a. forcible
b. covert
c. surreptitious
d. inchoate

2. “Strong arm” robbery is also known as
a. misdemeanor robbery
b. armed robbery
c. simple robbery
d. aggravated robbery

3. A strong-arm robbery is one in which
a. the victim is a child
b. the victim is injured
c. a deadly weapon is used
d. no weapon is displayed or used

4. Strong-arm robbery is also known as
a. mugging
b. aggravated robbery
c. armed robbery
d. burglary

5. For the crime of robbery to occur
a. the robber must have used force against the victim
b. the robber must have caused physical harm to the victim
c. the robber must have used force or threatened to use imminent force
against the victim
d. the robber must have used or threatened to use gun violence against the
victim

6. Home invasion requires which of the following?
a. unlawful entry of the dwelling of another with intent to commit a crime
b. persons present in the home
c. use force or threat of force to commit a crime
d. all of these are required

7. When does purse snatching become robbery?
a. when more force than necessary to take the property is used in the crime
b. when less force than necessary to take the property is used in the crime
c. purse snatching is always robbery
d. none of these answers are true

8. Unlike most thefts, a robbery requires that the property be taken
a. with an intent to deprive
b. with an intent to commit a felony
c. from the person or from the presence of the victim
d. with a value exceeding $100

9. In a majority of states, if the perpetrator uses force, not to take the property, but to prevent the victim from escaping, the offense is
a. extortion
b. a robbery
c. embezzlement
d. intimidation

10. In a majority of states, if a purse-snatching involves no more force than necessary to take the purse from the victim’s hand, the offense will be charged as
a. a robbery
b. a strong armed robbery
c. theft
d. extortion

11. The crime of defiant trespass occurs when a person
a. remains in a place where he is not privileged to remain after notice of trespass is given
b. is violent in a place where he is not privileged to remain after notice of trespass is given
c. is violent after trespassing
d. remains in a place where he is not privileged to remain after notice of trespass is given and becomes violent

12. Forcible stealing is known as
a. robbery
b. burglary
c. aggravated robbery
d. aggravated burglary

13. In many jurisdictions, the unlawful entry into a dwelling by a person who knows someone is present in the dwelling at the time of the entry, and who is armed with a dangerous weapon which he uses or threatens to use against someone inside the dwelling is considered the crime of
a. intimidation
b. extortion
c. home invasion
d. “strong arm” robbery

14. Purse snatching without force is a form of
a. theft
b. robbery
c. burglary
d. home invasion

15. Robbery differs from extortion in that extortion requires
a. a threat to inflict harm in the future
b. the property to be taken from the person of the victim
c. the property to be taken by fraud or deceit
d. the person to be threatened with imminent harm

16. The federal act dealing specifically with extortion is the
a. Calvin Act
b. Hobbs Act
c. Lindbergh Act
d. Robbery and Extortion Act

17. The crime of extortion requires a threat
a. to use violence against the victim
b. to use violence or sue the victim
c. to take certain actions that are not legally protected against the victim, including but not limited to violence, for the purpose of obtaining anything of value from the victim
d. to take steps to tarnish the victim’s reputation

18. Robbery of persons inhabiting a dwelling is called
a. home invasion
b. aggravated robbery
c. burglary
d. aggravated burglary

19. The majority rule in the United States is that crimes like purse snatching are not robberies unless
a. there is some force used greater than that needed to take the purse
b. the value of the purse is greater than $100
c. two or more perpetrators participate
d. another crime is committed during the purse snatching

20. At common law, burglary was limited to
a. the dwelling of another, at night, with intent to commit a felony
b. the dwelling of another, at any time of day, with the intent to steal
c. structures where people gather or live, at night
d. structures where people gather or live, at any time of day

21. All states have abolished the common law burglary requirement that there be
a. a felony committed in the building
b. a breaking into the building
c. something stolen from the building
d. more than one burglar involved

22. Most courts hold that the crime of burglary requires
a. the burglar get entirely inside the building
b. some part of the burglar’s body (such as an arm) get inside the building
c. the burglar get in and then out of the building
d. some part of the burglar’s body or something attached to the burglar
get inside the building

23. At common law, the only type of buildings that could be burglarized were
a. dwellings
b. closed businesses and homes
c. businesses
d. privately owned buildings

24. Under the common law, the unlawful entry into and theft from a place of business
a. would be considered a burglary
b. would be considered a burglary depending on the value of the stolen
property
c. would not be considered a burglary
d. would be considered burglary if there was a breaking

25. Today state and federal burglary statutes
a. restrict burglary to only dwellings
b. consider all buildings within the scope of a jurisdiction’s burglary statute
c. consider only buildings that are inhabited within the scope of burglary
d. follow the common law requirements

26. What proportion of states have modified and changed the definition of burglary in their jurisdictions?
a. 100%
b. 10%
c. 50%
d. 75%

27. Under the common law, which of the following was required for burglary?
a. breaking into a residence
b. committing the crime at night
c. intent to commit a felony
d. all of these were required

28. In most jurisdictions, a defendant who unlawfully enters a building with intent to commit a rape or arson
a. can be convicted of burglary
b. can be convicted of burglary only if they completed the crime they intended to commit when they entered the building
c. cannot be convicted of burglary
d. can be convicted of burglary if they also stole property once inside the building

29. When force is not used in the taking of property, but it is used to keep the property and to escape from the scene of the theft
a. all states follow the rule that because force wasn’t used to take the property, a robbery was not committed
b. all states follow the rule that because force was used to keep the property after it was stolen, a robbery was committed
c. some state courts have ruled a robbery occurred, while others have ruled it did not occur
d. the crime of extortion was committed

30. The bad guy unlawfully enters the victim’s house with the intent to sexually assault her but, once inside, he realizes she is not home. He leaves without committing rape and without stealing any property from the home. The bad guy
a. cannot be prosecuted for any crime
b. can only be prosecuted for criminal trespass
c. can be prosecuted for attempted sexual assault
d. can be prosecuted for burglary

TRUE/FALSE

1. Robbery is the taking of property from a person or from the presence of the victim by the use of force or threat of force.

2. Strong-arm robbery is commonly called “armed robbery.”

3. Home invasion requires unlawful entry of the dwelling of another with intent to commit a crime, with persons present in the home, and the use force or threat of force to commit a crime.

4. Theft differs from robbery in that robbery involves force or threat of force.

5. Grabbing a victim and turning her around to get at her purse is not enough to make purse snatching a robbery.

6. If the threat is to inflict harm in the future, the offense charged will be robbery rather than extortion.

7. For the crime of extortion, the threat need not be communicated in the actual, physical presence of the victim.

8. In some states the burglary statute requires the intent to commit a felony; in others, specific crimes are listed.

9. Criminal trespass occurs when a person unlawfully and knowingly enters the land or building of another.

10. For purposes of a burglary charge, general intent may be inferred from the circumstances of the break-in itself.

COMPLETION

1. The taking of property from a person or from the presence of a victim by use or threat of force is the crime of ____________.

2. Armed or aggravated robbery occurs when a weapon is used in a robbery.

3. A person who unlawfully enters a dwelling knowing someone is present, and threatens the person with a dangerous weapon may be charged with home __________.

4. One of the requirements of home unlawful entry of the dwelling of another with intent to commit a crime.

5. When Congress enacted the __________ Act, the statute was aimed primarily at gangsters who were extorting protection money from businesses.

6. Purse snatching becomes when force more than that needed to take the property is used in the crime.

7. Under the old common law, the punishment for burglary was ________.

8. States no longer require _________ in their simple burglary statutes.

9. __________ trespass occurs when the person unlawfully entering is given notice of the trespass, but refuses to leave the premises.

10. The common law required that burglary be committed in the ___________.

CHAPTER 15
WHITE-COLLAR CRIME, CYBER CRIME, AND COMMERCIAL CRIME

MULTIPLE CHOICE

1. A class or type of criminal conduct that has solely economic gain to the criminal as its goal is known as
a. white collar crime
b. racketeering
c. wire fraud
d. bank fraud

2. What federal statute makes it a federal crime to defraud a financial institution that is federally insured?
a. false statement
b. claims
c. bank fraud
d. wire fraud

3. Deceitful means or acts used to cheat a person, corporation, or governmental agency is known as
a. fraud
b. forgery
c. false statement
d. false claims

4. Books, movies, and songs are protected by the
a. federal copyright act
b. the “fair use” doctrine
c. federal and state laws that protect trade secrets
d. federal wire fraud laws

5. A scheme to deprive another of the intangible right of honest services is known as a
a. scheme of artifice
b. scheme of neglect
c. scheme of fraud
d. scheme of deprivation

6. Laws protecting intellectual property do NOT include which of the following?
a. copyright laws
b. trade secrets
c. wire fraud
d. all of these are included

7. The reason fraud convictions require action done knowingly is because
a. fraud is a crime of deceit
b. fraud causes more harm than most other crimes
c. too many people would be falsely convicted otherwise
d. persons committing fraud do not always know what they are doing

8. Martha Stewart was investigated for insider trading
a. and was convicted of that charge
b. but was convicted of making false statements to federal investigators
c. but was convicted of security fraud
d. and was never convicted

9. Which of the following is not a type of fraud?
a. material fraud
b. bank fraud
c. health care fraud
d. intellectual property fraud

10. Offering a gift or payment to another with the specific intent to obtain some unlawful particular quid pro quo for the gift or payment is known as
a. bribery
b. bank fraud
c. health care fraud
d. intellectual property fraud

11. Under the Hobbs Act, what is required of an official regarding the quid pro quo requirement?
a. exercise of some influence
b. an agreement on a specific official act
c. multiple exercises of some influence
d. an agreement on numerous specific official acts

12. The term meaning giving something of value for something else is
a. quid pro quo
b. pro bono
c. pro rata
d. quid pro bono

13. Bribery under the federal statute is similar to extortion because it is not necessary in an extortion prosecution to prove an official threatened to use his official authority if
a. the extortion amount was not paid
b. the extortion amount was paid
c. the extortion was carried out
d. none of these answers is correct

14. What are the two types of identity theft?
a. true name and synthetic identity
b. false name and synthetic identity
c. true name and false identity
d. synthetic name and true identity

15. Insider trading includes using information acquired by an insider and
a. not available to the public to profit in a sale of securities
b. paid for through bribery
c. received by extorting a government official
d. gained through illegal entry

16. Which of the following consequences could result from importation of a counterfeit product into the United States?
a. prosecution under the criminal code of a state
b. civil suit and sanctions
c. federal prosecution under the mail fraud statute
d. all of these answers are correct

17. Criminal acts implemented through use of a computer are known as
a. cyber crime
b. identity theft
c. wire fraud
d. video voyeurism

18. Unlawful access to a computer or computer system with intent to commit a crime is known as
a. computer trespass
b. identity theft
c. wire fraud
d. video voyeurism

19. To convict someone of trafficking in stolen goods, the state is ordinarily required to prove that the
a. property involved was stolen property
b. defendant received, concealed, possessed, purchased, or transferred the -property as forbidden by the statutes of that state
c. defendant knew the property was stolen
d. all of these answers are correct

20. A person who traffics in stolen property is called a
a. fence
b. trafficker
c. mobster
d. dealer

21. Possession of burglary tools is
a. difficult to prove
b. easy to prove
c. not a crime
d. legal in most states

22. While the “white collar” language suggests the status of the wrongdoer, most definitions of the term focus on what rather than the identity of the criminal?
a. the kind of behavior made criminal
b. the socio-economic status of the criminal
c. the thinking of the criminal
d. the social impact of the criminal

23. The economic cost of white collar crimes is
a. enormous
b. slight
c. the same as many other crimes
d. less than many other crimes

24. What criminal charge is often used in fraud cases?
a. theft by fraud or larceny by fraud
b. theft by fraud
c. larceny by fraud
d. none of these answers is correct

25. The U.S. Supreme Court has held that any “scheme of artifice” must include which of the following?
a. a material falsehood
b. a legal falsehood
c. a criminal falsehood
d. a falsehood

26. It has been estimated that the yearly cost of healthcare fraud is more than
a. $13 billion
b. $14 billion
c. $15 billion
d. $16 billion

27. Insider trading includes a person called the
a. tippee
b. tipper
c. rippee
d. ripper

28. Although Martha Stewart was ultimately convicted of conspiracy and making false statements to federal investigators, what was she initially charged with?
a. insider trading
b. wire fraud
c. bank fraud
d. identity theft

29. What is the name of the crime that occurs when an actual person’s identity is stolen?
a. true name identity theft
b. synthetic identity theft
c. cyber identity theft
d. wire identity theft

30. Which of the following elements is included in wire fraud but NOT necessary in bank fraud?
a. the wire communication must cross state lines
b. the bank fraud must cross state lines
c. the wire communication must cross international borders
d. the bank fraud must cross international borders

TRUE/FALSE

1. Fraud involves deceitful means or acts to cheat a person, corporation, or governmental agency.

2. Stock market and corporate fraud declined significantly from 1990-2004.

3. Fraud schemes may be prosecuted on the federal, but not state level.

4. The federal government has no general Health Care Fraud statute which makes it a crime to willfully execute a “scheme of artifice” intended to defraud a “health care benefit” program.

5. A federal officer that “solicits” a bribe in exchange for some official act may also threaten to use his official position to prevent the official act from occurring has committed extortion in addition to bribery.

6. The principal laws protecting intellectual property are the federal copyright, patent, and trademark laws, as well as state trade secret laws.

7. The state bank fraud act and the wire fraud act are frequently used to convict white collar criminals.

8. A communication under the bank fraud act must cross state lines.

9. Insider trading includes using information acquired by an insider and not available to the public to profit in a sale of securities.

10. The federal identity theft statute requires the defendant know the identification document belongs to another person.

COMPLETION

1. Using deceitful acts to cheat another is called __________.

2. The federal government has passed many criminal laws directed at health care fraud, such as the False Claims Statute.

3. The _______________ Claims Act makes it a crime to present a claim to the U.S. government that is false or fraudulent.

4. A class or type of criminal conduct that has solely economic gain to the criminal as its goal is the definition of white crime.

5. Among the crimes created to protect stock markets and financial markets of the U.S. is the crime of insider _________.

6. Fraud is in essence a crime of .

7. Congress has power to punish most large fraud schemes under the __________ commerce clause.

8. The receipt of unlawful payment to an official may prove , and also could prove bribery.

9. The primary criminal laws aimed at property fraud are the federal copyright and patent acts and federal and state trade secret acts.

10. The federal fraud act and the wire fraud act are frequently used to convict white collar criminals.

CHAPTER 16
DRUG ABUSE AND ALCOHOL-RELATED CRIMES

MULTIPLE CHOICE

1. Which of the following is NOT generally one of the elements of the crime of possession with intent to deliver?
a. the accused possessed a large amount of an illegal drug
b. the accused possessed scales
c. the accused possessed a cellular phone
d. the accused possessed a counterfeit credit card

2. In Gonzales v. Raich, the court reasoned that the private use of marijuana might have
a. an adverse impact on federal drug laws
b. a positive impact on federal drug laws
c. an adverse impact on state drug laws
d. a positive impact on state drug laws

3. In Gonzales v. Raich, the court reasoned Congress had the power under the Commerce Clause to regulate
a. even purely intra-sate use of marijuana
b. only purely intra-sate use of marijuana
c. even purely inter-sate use of marijuana
d. only purely inter-sate use of marijuana

4. All of the following are crimes under the Uniform Controlled Substances Act EXCEPT
a. manufacture or delivery of an illegal drug
b. possession with intent to deliver an illegal drug
c. delivery or possession with intent to deliver a counterfeit substance
d. possession of alcohol by a minor

5. Medical use of marijuana is permitted in some states. Although medical users can be prosecuted under federal laws,
a. in 2010 the Justice Department said it would not prosecute medical users
b. in 2010 the Justice Department said it would prosecute medical users
c. in 2010 the U.S. Supreme Court said it would not prosecute medical users
d. in 2010 the U.S. Supreme Court said it would prosecute medical users

6. What is the most widely abused and misused drug in America and in many other countries?
a. alcohol
b. meth
c. marijuana
d. cocaine

7. The 2002 National Institutes of Health study surveyed drinking among the 8 million college and university students in the United States. What percentage of students were shown to drink in binges?
a. 44%
b. 55%
c. 40%
d. 30%

8. How many alcohol-related student deaths are there each year?
a. 1,445
b. 2,545
c. 3,645
d. 4,745

9. The federal government and all states have enacted some form of the Uniform
a. Narcotics Act
b. Illegal Drug Act
c. Dangerous Drug Act
d. Controlled Substances Act

10. The most common illegal drug charge is some form of
a. selling
b. buying
c. possession
d. trafficking

11. How many states currently have a “Compassionate Use Medical Marijuana” statute?
a. 14
b. 19
c. 20
d. 16

12. The Uniform Controlled Substances Act divides drugs into how many schedules?
a. 3
b. 5
c. 7
d. 9

13. A minority of states require that the defendant have possessed what minimum amount of the illegal substance to sustain a conviction?
a. a trace amount
b. a usable amount
c. a gram
d. a bindle

14. What is the minimum amount of the illegal substance required to sustain a drug conviction by a majority of states?
a. usable amount
b. trace amount
c. any amount
d. a gram

15. In fourteen states, doctors may prescribe the personal use of what drug for pain management for people with serious illnesses?
a. cocaine
b. marijuana
c. heroin
d. methamphetamine

16. Challengers of the Federal Controlled Substances Act alleged Congress has no constitutional authority to prohibit the medical use of marijuana based on the
a. due process clause
b. equal protection clause
c. interstate commerce clause
d. none of these answers are correct

17. A defendant arrested in possession of a large amount of an illegal drug would most likely have been charged with the offense of
a. possession of a controlled substance
b. delivery of a controlled substance
c. possession with intent to deliver
d. possession of stolen property

18. In New Jersey an individual who provides an illegal drug to another, and that person dies as a result of ingesting the drug,
a. cannot be held liable for the death
b. may be held strictly liable for the death
c. will be found guilty of premeditated murder
d. will be charged with a misdemeanor drug offense

19. Approximately what number of people are killed every day in the United States because of driving under the influence?
a. 50
b. 100
c. 25
d. 150

20. The National Highway Traffic Safety Administration estimates the yearly costs of drunk driving to be
a. $45 billion
b. $35 billion
c. $25 billion
d. $15 billion

21. Which of the following is a violation of the Uniform Controlled Substances Act?
a. possession of a controlled substance
b. deliver a counterfeit substance
c. manufacture a controlled substance
d. all of these answers are correct

22. What are the two types of possession?
a. actual and constructive
b. real and actual
c. real and constructive
d. actual and contractual

23. The “usable quantity” rule holds that a useless trace amount is not
a. a usable amount
b. a sufficient amount
c. a chargeable amount
d. a sufficient quantity

24. Delivery of an illegal drug can be either an actual delivery, or it could be the crime of possession of a controlled substance with
a. intent to deliver
b. sufficient amount to deliver
c. quantity of delivery
d. delivery potential

25. What drug is particularly dangerous because it is an unpredictable killer that can cause life-threatening complications that are not related to the dose taken, the length of use, or the manner in which the drug is taken?
a. cocaine
b. heroin
c. marijuana
d. meth

26. Laws that make people who illegally manufacture, distribute, or dispense illegal drugs strictly liable for a death that results from the using such drugs are often called
a. Len Bias laws
b. Terrance Bianchi laws
c. Lawrence Brewer laws
d. Stephen Breyer laws

27. Which of the following may qualify as delivery of an illegal drug?
a. all of these may qualify as delivery of an illegal drug
b. possession of a controlled substance with intent to deliver
c. possession of a controlled substance with intent to sell
d. possession of a controlled substance with intent to transfer

28. British and U.S. studies of accidental deaths in the 1980s and a National Institutes of Health study in 2002 showed that alcohol has a high relationship to deaths caused by which of the following?
a. drowning
b. choking
c. burns
d. all of these answers are correct

29. What percent of state prisoners were convicted of a violent crime while under the influence of alcohol alone?
a. 21%
b. 31%
c. 41%
d. 51%

30. Which of the following is NOT a field sobriety test?
a. the walk-and-turn test
b. the HGB test
c. the one-leg-stand test
d. all of these are field sobriety tests

TRUE/FALSE

1. A suspect cannot be found to have been operating a motor vehicle by being behind the wheel of a car with the keys in the ignition.

2. The Uniform Controlled Substances Act lists marijuana as a Schedule I drug with the highest abuse potential.

3. In a majority of states, even a “trace” amount of an illegal drug will sustain a conviction for possession of that drug.

4. All states have a uniform charge of possession of a small amount of marijuana.

5. Possession of marijuana for personal use is illegal throughout the U.S.

6. A defendant arrested in possession of a large amount of an illegal drug may be charged with possession with intent to deliver.

7. A person who claims to be selling cocaine, but delivers baking soda, cannot be charged with a drug crime.

8. People who illegally dispense illegal drugs will be held strictly liable in many states for a death that results from the ingestion of such a drug.

9. Criminal liability for drug induced death requires that the state must show only that the defendant provided the drugs to the victim, and that the victim died as a proximate result of the defendant’s actions.

10. Victims of drunk driving may be able to sue bars or individuals who furnished the alcoholic drinks.

COMPLETION

1. Intent to deliver illegal drugs can be proved by showing a “ connection” between the facts of possession, such as the large quantity of the drug, and an intent to sell the drugs.

2. The most common criminal illegal drug charge is that of _____________ of a controlled substance.

3. Two types of drug possession are “actual” and “___________.”

4. An amount of an illegal drug that is so small that it is unusable is referred to as a “________” amount.

5. Depending upon the jurisdiction, possession of a small amount of marijuana may be charged as either a criminal or a _________ offense.

6. In Gonzales v. the court reasoned that private use of marijuana might have an adverse impact on federal drug laws.

7. In a number of states, a person who dispenses an illegal drug will be held ________ liable for a death that results from ingestion of such drug.

8. Most students drink or not at all, but 44 percent of students drink in binges.

9. The most widely abused and misused drug in America is _________.

10. Nystagmus is a persistent, rapid, , side-to-side eye movement.

CHAPTER 17
TERRORISM

MULTIPLE CHOICE

1. Terrorists are willing to take innocent lives to
a. make money
b. make a political statement
c. satisfy their bloodlust
d. stimulate reprisals

2. Congress was required to clearly define the acts that constituted terrorism and condemned under the conventions because of the
a. vagueness limitation on statutes
b. void limitation on statutes
c. definition limitation on statutes
d. discreet

3. People who believe that organized government is evil may be referred to as
a. anarchists
b. agnostics
c. advocates
d. agents

4. Generally, terrorists differ from other criminals on the basis of their
a. psychological characteristics
b. mental illness
c. motive
d. physical characteristics

5. Which of the following statements regarding terrorism is FALSE?
a. Acts of terrorism may be sponsored by a nation or a group.
b. Terrorism is not a form of warfare.
c. Terrorism is a global problem.
d. The U.S. is a stated target of the terrorist group Al Qaeda.

6. Who is authorized to identify groups or organizations as terrorist organizations?
a. the State Department
b. the President
c. the Congress
d. the House of Representatives

7. The Alabama Criminal Code, Section 13-A-10-151, defines the crime of terrorism as an act or acts intended to
a. Intimidate or coerce a civilian population.
b. Influence the policy of a unit of government by intimidation or coercion.
c. Affect the conduct of a unit of government by murder, assassination, or kidnapping.
d. all of these

8. Most state statutes also make it a crime for a person to support a terrorist act or organization. Actions that could constitute support include which of the following?
a. providing financial support
b. providing lodging
c. providing training
d. all of these

9. Which of the following is the definition of a terrorist threat under state laws?
a. threatened violence against another
b. terrorizing a person
c. threatened violence against another with the purpose of terrorizing
d. none of these

10. Most of the money used to finance the 9/11 terrorist attack came from which of the following?
a. charitable organizations
b. private donors
c. foreign governments
d. drug dealers

11. Which of the following crimes are favored by terrorists to finance their terrorist activities?
a. theft
b. fraud
c. drug trafficking
d. all of these

12. According to the text, terrorists sometimes use which of the following to move funds in and out of the United States?
a. electronic wire transfers
b. television commercials
c. radio advertisements
d. none of these

13. One way in which terrorists move funds in and out of the United States is through the use of IVTS. What does IVTS stand for?
a. informal value transfer systems
b. international value transfer systems
c. informal value terrorist systems
d. international value terrorist systems

14. One example of a kind of IVTS is
a. Hawala
b. Farouq
c. Mandamus
d. Baksheesh

15. What is one advantage of using an IVTS?
a. no paper trail
b. it is faster than wire transfers
c. more money is available through IVTS
d. none of these answers is correct

16. An extraordinary rendition occurs when a person is seized in one country and then transported to another country for
a. interrogation
b. extradition
c. repatriation
d. mediation

17. Customs and practices followed by most nations in wartime and now the subject of international conventions are known as
a. rules of war
b. degrees of war
c. peace negotiations
d. contracts

18. Advocating the forceful overthrow of the U.S. government is the crime of
a. sedition
b. sabotage
c. terrorism
d. treason

19. Which of the following is NOT one of the classes of crimes created by rules of war?
a. government crimes
b. crimes against peace
c. crimes against humanity
d. traditional war crimes

20. The use of unlawful force to coerce or intimidate persons or governments in the pursuit of political, social, or religious goals is known as
a. terrorism
b. genocide
c. humanism
d. feticide

21. Many states have adopted a definition of the crime of terrorism closely modeled after the
a. federal definition
b. international definition
c. Supreme Court definition
d. Hague definition

22. Damaging or injuring national defense material or national defense utilities with the intent to obstruct the national defense is the crime of
a. sedition
b. sabotage
c. treason
d. aiding a terrorist

23. Customs, practices, treaties, and agreements that most nations subscribe to for the conduct of wars openly declared against sovereign nations are called
a. international conventions
b. treaties
c. international agreements concerning waging war
d. rules of war

24. Funds for terrorist activities are often transferred through
a. informal value transfer systems
b. human couriers
c. high-tech electronic wire transfers
d. all of these

25. A program whereby suspected terrorists are seized by U.S. agents and transported to another country for interrogation is known as
a. secret abduction
b. extraordinary rendition
c. international detention
d. terrorist detention

26. Which of the following are possible charges against terrorists?
a. treason
b. sedition
c. sabotage
d. all of these

27. Which of the following statements regarding the rules of war is FALSE?
a. President Lincoln began the codification of these rules in 1864.
b. Most nations subscribe to the rules of war.
c. Combatants in a war are liable for the violation of ordinary criminal laws.
d. President Eisenhower began the codification of these rules in 1953.

28. Which of the following laws forbids the planning, commencement, and conduct of an aggressive war?
a. Crimes Against Peace
b. Crimes Against Humanity
c. Traditional War Crimes
d. Antiterrorism Act of 1996

29. Which of the following laws forbids deportation based on race, religion or ethnic origin?
a. Crimes Against Peace
b. Crimes Against Humanity
c. Traditional War Crimes
d. Antiterrorism Act of 1996

30. Which of the following laws addresses conduct of combatants towards prisoners of war?
a. Crimes Against Peace
b. Crimes Against Humanity
c. Traditional War Crimes
d. Antiterrorism Act of 1996

TRUE/FALSE

1. Not all terrorists are sponsored or protected by a nation or a group.

2. Acts of terrorism may be considered a form of warfare.

3. The term “terrorist” is reserved for those who believe organized government is evil.

4. The State Department is authorized to identify groups or organizations as terrorist organizations.

5. Congress enacted the Federal Antiterrorism Law following the 1995 bombing of the Oklahoma City federal building.

6. The intention to intimidate or coerce a civilian population is one of the elements of the crime of terrorism.

7. A terrorist threat is a threat to commit a violent felony that is a danger to human life, and is made to intimidate only a military group.

8. Rules of war are customs and practices followed by most nations in wartime and now the subject of international conventions.

9. No countries contribute directly to terrorists organizations.

10. An extraordinary rendition occurs when a person is seized in one country and then transported to another country for torture.

COMPLETION

1. Terrorists are criminals who use force and violence in the pursuit of _________, ideological, or religious goals.

2. People who believe organized government is evil are called _________.

3. The State Department is authorized to groups or organizations as terrorist organizations.

4. One of the elements of the crime of terrorism under most state laws is to
or coerce a civilian population.

5. The Antiterrorism and Effective ________ Penalty Act makes it a crime to aid a terrorist organization in the U.S.

6. A terrorist threat is a threat to commit a violent felony that is a danger to human life, and is made to intimidate or coerce a civilian group or a .

7. Rules of are customs and practices followed by most nations in wartime.

8. The shortage of financial support can affect the scope of a terrorist .

9. Individuals contribute indirectly to terrorist organizations by giving money and support to phony “ ” groups that support terrorists.

10. An “extraordinary “ occurs when a person is seized in one country and then transported to another country for interrogation.

CHAPTER 18
ORGANIZED CRIME AND GANGS

MULTIPLE CHOICE

1. Any fraudulent scheme that uses any interstate delivery services can be prosecuted as a felony under the
a. “mail fraud act”
b. “bank fraud act”
c. “wire fraud act”
d. none of these answers is correct

2. A scheme defined to include a scheme to deprive another of the “intangible right of honest services” is known as a
a. wire fraud
b. mail fraud
c. bank fraud
d. loan fraud

3. Which of the following are ways of laundering money?
a. gold purchases
b. purchases of cashier’s checks
c. wire transfers
d. all of these

4. What is the name of an underground banking system used to launder money?
a. Hawala
b. RICO
c. Miranda
d. CTR

5. In 1970, Congress enacted the RICO law. What does RICO stand for?
a. Racket Induced Criminal Operations
b. Racketeer Influenced and Corrupt Organizations
c. Racketeer Influenced Commercial Operation
d. Racket Induced Criminal Organization

6. To obtain a conviction under RICO, the government must prove that the defendant
a. is part of a continuing criminal enterprise
b. has committed at least three felonies
c. has invested illegally obtained funds
d. is a member of the Mafia

7. The primary purpose of RICO laws is to strike at the source of the economic power of
a. terrorist organizations
b. illegal business monopolies
c. manufacturers of counterfeit goods
d. organized crime

8. For the purpose of money laundering statutes, profits gained from unlawful activities are known as
a. proceeds
b. receipts
c. markers
d. tickets

9. One of the benefits of the passage of the RICO ACT was that it enabled prosecutors to charge all people engaged in unlawful activity who own or invest in an enterprise that affects
a. interstate commerce
b. the federal government
c. state taxes
d. banking

10. If the underlying criminal acts do not affect interstate commerce
a. the federal government has no jurisdiction to prosecute
b. the federal government still has jurisdiction to prosecute under special provisions of the RICO statute
c. the federal government can engage in a joint prosecution with the state
d. the state government can elect to turn the case over to federal officials

11. One of the benefits of the passage of the CCE Statute was that it enabled prosecutors to charge people
a. whose actions enable a criminal enterprise to function
b. aided and abetted the mafia
c. with tax evasion
d. who cross state lines when committing crimes

12. Which of the following statements regarding the federal witness protection program is true?
a. The program was created during the period of Prohibition in the U.S.
b. Since being established, the program has seldom been used.
c. The program is utilized in both federal and state prosecutions.
d. The program applies to witnesses, but not their families.

13. Which of the following statements regarding the Federal Victim and Witness Protection Act is FALSE?
a. The Act was passed by Congress in 1982.
b. This statute created the crime of witness tampering.
c. Tampering is a crime only if the witness testifies in a criminal trial.
d. All of these are true statements.

14. Which of the following statements regarding money laundering is FALSE?
a. The USA PATRIOT Act toughened money laundering laws.
b. It is the world’s third largest business.
c. Money laundering is a crime only on the federal level.
d. Sentences for cash smuggling have been increased.

15. The RICO laws focus on the conspiratorial nature of
a. organized crime
b. white collar crime
c. burglary
d. wire fraud

16. The practice of keeping payments for expensive items under the amount requiring a currency transaction report to launder illegal money is called.
a. smurfing
b. rigging
c. switching
d. wiring

17. To obtain a RICO or “little RICO” conviction, the prosecution must prove which of the following?
a. that the enterprise existed and was engaged in racketeering activity
b. that the defendants were members of the racketeering enterprise
c. two or more incidents of racketeering conduct “that have the same or similar intents, results, victims, or methods of commission”
d. all of these

18. Which of the following criminal acts qualify as “predicate acts” under the RICO laws?
a. drug trafficking
b. mail fraud
c. witness tampering
d. all of these criminal acts qualify

19. What federal statute permits prosecution under that act if the extortion can be shown to interfere with interstate commerce?
a. the Travel Act
b. the Hobbs Act
c. the Bribery Act
d. the Extortion Act

20. What act requires banks, businesses, and financial institutions to report large cash transactions?
a. National Money Laundering Act
b. Currency Transaction Reporting Act
c. Large Cash Transaction Act
d. Prevention of the Laundering Illegal Proceeds Act

21. RICO and CCE laws have been successfully used to stop which of the following?
a. illegal activities by anti-abortion groups
b. stock exchange violations
c. porn shop violations
d. all of these

22. The Supreme Court has ruled that for the federal RICO law a “criminal enterprise” means
a. association in fact
b. formal business
c. informal business
d. formal structure

23. The federal RICO statute permits federal prosecutions based on criminal acts that would normally fall under
a. state criminal jurisdiction
b. district court criminal jurisdiction
c. appellate criminal jurisdiction
d. county criminal jurisdiction

24. The witness protection program created in 1970 provides new identities and relocation for witnesses
a. and their families in both state and federal criminal prosecutions of organized crime
b. and their families in federal criminal prosecutions of organized crime
c. in both state and federal criminal prosecutions of organized crime
d. and their families in state criminal prosecutions of organized crime

25. What act did Congress pass in 1982 related to the witness protection program?
a. the Federal Victim and Witness Protection Act
b. the Federal Victim Protection Act
c. the Federal Witness Protection Act
d. none of these

26. According to the U.S. Supreme Court, under the money laundering statute, proceeds can be
a. profits
b. receipts
c. profits or receipts
d. none of these answers

27. Any fraudulent scheme that uses an interstate delivery system may be prosecuted as a felony under
a. the federal mail fraud statute
b. a state criminal fraud law
c. both the federal mail fraud statute and state criminal fraud law
d. neither the federal mail fraud statute nor a state criminal fraud law

28. Illegal profits can NOT be laundered through the purchase of which of the following?
a. homes
b. jewelry
c. cars
d. drugs

29. When it comes to prosecuting organized crime
a. there is no advantage to a federal versus state prosecution
b. state law usually offers more advantages than federal law
c. the jurisdiction that can prosecute most quickly will more likely be the
best venue
d. there are advantages to a federal over a state prosecution

30. Legislation that can be used to prosecute those involved in criminal activities that cross state borders or involve foreign commerce is known as the
a. travel act
b. wire act
c. bank act
d. fraud act

TRUE/FALSE

1. The federal RICO removes the jurisdictional requirement that the racketeering activities affected interstate commerce.

2. Money can be laundered by taking it to another country.

3. Prior to 1970, attempts to prosecute groups known as the mafia were largely unsuccessful.

4. Federal and state RICO laws generally require the government to prove that the defendants committed or conspired to commit acts of racketeering.

5. The federal RICO statute permits federal prosecutions based on criminal acts that would normally fall under state criminal jurisdiction.

6. Organized crime and gang members often used bribery and extortion of witnesses to present witnesses from testifying.

7. The Mail fraud act is a federal law used to combat organized crime.

8. The process by which criminals seek to disguise the illicit nature of their proceeds by introducing them into the stream of legitimate commerce is known as money washing.

9. The grand jury system makes prosecution in federal courts advantageous.

10. There is one type of immunity provided to federal grand jury witnesses.

COMPLETION

1. A RICO conviction requires proof that an enterprise existed that engaged in
activity.

2. Most courts now hold that any effect on commerce satisfies the RICO

3. Money can be by buying cash or bearer instruments.

4. Federal jurisdiction is possible under RICO if the underlying acts affect commerce.

5. Witness is a crime whether the witness plans to testify in a criminal trial or a civil trial.

6. Proceeds for purpose of the money statutes means profits gained from unlawful activities.

7. The Act can be used to prosecute those involved in criminal activities that cross state borders or involve foreign commerce.

8. The federal statute, known as the Act, permits prosecution under that act if the extortion can be shown to interfere with interstate commerce.

9. Federal court rules make prosecution in federal courts advantageous.

10. The acronym CTR stands for currency reports.

CHAPTER 19
IMMIGRATION CRIMES, CONTEMPT, AND OTHER CRIMES AGAINST GOVERNMENT

MULTIPLE CHOICE

1. Contempt requires a showing of what kind of disregard of the authority of a court or legislative body?
a. willful
b. negligent
c. reckless
d. accidental

2. The purpose of civil contempt is to
a. punish the defendant
b. compel the defendant to carry out the court’s order
c. allow the defendant to challenge the court’s order
d. none of these

3. Which of the following is one of the purposes of the charge of criminal contempt?
a. to punish the defendant for wrongdoing
b. to compel the defendant to carry out the court’s order
c. to allow the defendant time to appeal
d. to deter others

4. In 2010 Arizona passed a state statute aimed at
a. illegal immigrants
b. resident aliens
c. legal immigrants
d. minorities

5. In 2010 Arizona passed a state statute which requires persons to carry valid
a. immigration documents
b. driver’s licenses
c. birth certificates
d. proof of residency

6. Direct contempt is that which
a. directly challenges the authority of the court or legislative body
b. occurs in the presence of the judge or legislative body
c. may be punished following a trial on the issue
d. directly affects the defendant

7. Constructive or indirect contempt is that which
a. does not occur in the presence of the court or legislative body
b. is done without wrongful intent
c. occurs in the presence of the judge
d. may be punished summarily

8. In July of 2010 a federal judge issued a preliminary injunction blocking these provisions of the Arizona immigration law, agreeing with the U.S. Justice Department that immigration enforcement laws were within the exclusive power of the
a. federal government
b. Supreme Court
c. U.S. Military
d. state government

9. An individual may not be held in contempt unless it can be shown that
a. the person was warned after the first occurrence
b. the judge personally witnessed the wrongdoing
c. the judge provided the person an opportunity to apologize
d. the person acted with some sort of wrongful intent

10. Constructive contempt is also known as
a. situational contempt
b. indirect contempt
c. circumstantial contempt
d. common contempt

11. How do illegal immigrants enter the United States?
a. walk across the border
b. on boats
c. as students
d. all of these

12. Which of the following conduct is a felony under immigration laws?
a. failure to notify of change of address
b. failure to register
c. making false statements
d. harboring illegal aliens

13. Which of the following conduct is a misdemeanor under immigration laws?
a. first illegal entry
b. reentry of deported alien
c. second illegal entry
d. aiding subversive alien to enter

14. What kind of violation is required for criminal prosecutions under the Clean Air Act?
a. knowingly
b. willingly
c. specifically
d. intentionally

15. In what case was the definition of “knowingly” decided for purposes of the Clean Air Act?
a. United States v. Rubenstein
b. Holland v. United States
c. People v. Hollingshead
d. Richard W. Miller

16. The immigration laws make it a crime to
a. make a false entry into this country
b. assist others to make an illegal entry in this country
c. hire an illegal alien.
d. all of these

17. Extortion by public employees or officials is a violation of the
a. Jones Act
b. Smith Act
c. Hobbs Act
d. Locke Act

18. For a gift to a public official to be illegal, the gift must be
a. given specifically for favorable treatment in the future
b. given or received specifically for favorable treatment in the future, the exact nature of the return must be expressed.
c. received specifically for favorable treatment in the future
d. none of these

19. Summary contempt convictions require that the contempt
a. occurred in the presence of the judge
b. occurred in the courtroom
c. occurred during a trial
d. occurred in the presence of a courtroom actor

20. Susan McDougal was convicted of felony offenses for failure to answer grand jury questions pertaining to the
a. Watergate investigation
b. Whitewash investigation
c. Whitewater investigation
d. Westminster investigation

21. There is no contempt unless there is some sort of
a. wrongful intent
b. criminal intent
c. malicious
d. knowledgeable intent

22. Which of the following may use civil or criminal contempt?
a. divorce cases
b. child custody cases
c. criminal cases
d. all of these

23. Which of the following acts require a “knowingly” element to be violated?
a. the Clean Air Act
b. the Clean Water Act
c. the Clean Air Act and the Clean Water Act
d. none of these answers is correct

24. What usually happens to most of the people detained annually for violation of United States immigration laws?
a. they are removed to their home countries
b. they are incarcerated in jail
c. they are incarcerated in prison
d. they are incarecreated in jail and then removed to their home countries

25. What is the usual limit under federal law, 28 U.S.C. § 1826, on the period a person can be held in jail for civil contempt for refusal to obey a court order?
a. 18 months
b. 24 months
c. 36 months
d. 48 months

26. What is the name of the crime of knowingly and materially testifying falsely while under oath?
a. perjury
b. subornation of perjury
c. misprision of felony
d. misprision of perjury

27. Little was done to regulate disposal of hazardous waste until what decade?
a. 1950s
b. 1960s
c. 1970s
d. 1980s

28. Which of the following statements regarding environmental crimes is FALSE?
a. All states have enacted environmental laws.
b. All states have authorized agencies to enforce environmental laws.
c. Federal environmental laws are civil, not criminal, in nature.
d. Vigorous enforcement of environmental laws is a top priority.

29. What is the difference between contempt and summary contempt?
a. summary contempt occurs in the presence of the judge
b. summary contempt occurs in the presence of the jury
c. summary contempt occurs in the presence of the attorneys
d. summary contempt occurs in the courtroom

30. Attempts to thwart illegal immigration include which of the following?
a. walls
b. cameras
c. electronic monitoring devices
d. all of these

TRUE/FALSE

1. Contempt is the willful disregard of the authority of a court of law or of a legislative body.

2. Contempt may be used in criminal cases, but not in civil cases.

3. Not every gift, favor or contribution to a government or political official constitutes bribery.

4. Summary contempt is proper for all kinds of contempt.

5. There is no contempt unless there is some sort of wrongful intent.

6. Direct contempt may NOT be punished summarily.

7. The crime of subornation of perjury is committed when another person is induced or knowingly permitted to testify falsely.

8. Obstruction of justice may be a violation of federal or state law.

9. Until the 1990s, little was done to regulate disposal of hazardous waste.

10. It is a federal crime to use marriage as a means of evading the immigration laws of the United States.

COMPLETION

1. Acts that delay, impede, or frustrate the functioning or the dignity of a court or legislative body may be held to be in __________ of that body.

2. In order to compel a person to do something she is obligated to do, a court may hold the person in __________ contempt.

3. The offense of of justice seeks to protect the judicial system, both civil and criminal, from intentional acts that would hinder, corrupt, or impede the functioning of the system.

4. Deliberate tax and tax fraud are generally punished as crimes

5. States often make failure to report for duty when summoned a crime.

6. A witness who knowingly and materially testifies falsely while under oath commits the crime of __________.

7. Encouraging or paying someone to commit perjury is the crime of __________ of perjury.

8. A person who gives or sells national military or defense secrets to a foreign nation, for example, has committed the felony offense of ________.

9. In the 1980s and 1990s, laws were enacted to protect public health and the quality of the __________.

10. It is a crime to use marriage as a means of evading the immigration laws of the United States.