Ch9 Crimes Against Property Test Bank Docx - Complete Test Bank Essential Criminal Law 3e with Answers by Matthew Lippman. DOCX document preview.
Chapter 9: Crimes Against Property
Test Bank
Multiple Choice
1. Breaking and entering of the dwelling house of another at night with the intention to commit a felony is the definition of which common law felony?
A. trespass
B. arson
C. robbery
D. burglary
Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.
Cognitive Domain: Knowledge
Answer Location: Burglary
Difficulty Level: Easy
2. Which of the following describes the mens rea of larceny?
A. the intent to permanently deprive another of the property
B. the intent to assert dominion over the property
C. the intent to remove chattel
D. the intent to commit asportation
Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.
Cognitive Domain: Knowledge
Answer Location: Larceny | Mens Rea
Difficulty Level: Easy
3. The willful and malicious burning of the dwelling of another is the common law definition of which of the following crimes?
A. arson
B. vandalism
C. trespass
D. criminal mischief
Learning Objective: 9-12: Know the mens rea and actus reus of arson.
Cognitive Domain: Knowledge
Answer Location: Arson
Difficulty Level: Easy
4. An unauthorized entry onto the land or premises of another without the intent to commit a felony is the definition of which crime?
A. criminal trespass
B. burglary
C. defiant trespass
D. aggravated burglary
Learning Objective: 9-11: Criminal mischief requires substantial damage to property.
Cognitive Domain: Knowledge
Answer Location: Trespass
Difficulty Level: Easy
5. Which of the following is unlikely to be a form of grand larceny?
A. theft of a firearm
B. theft from the person of another
C. theft of an item valuing $50
D. theft from a home
Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.
Cognitive Domain: Comprehension
Answer Location: Grades of Larceny
Difficulty Level: Easy
6. Circulating or using a forged document is the actus reus of which crime?
A. forgery
B. uttering
C. embezzlement
D. larceny by trick
Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.
Cognitive Domain: Knowledge
Answer Location: Forgery and Uttering | Actus Reus
Difficulty Level: Easy
7. Which of the following is NOT a requirement for receiving stolen property?
A. receiving stolen property
B. knowing the property was stolen
C. uncertainty whether the property was stolen
D. the intent to permanently deprive the owner of the property
Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.
Cognitive Domain: Comprehension
Answer Location: Receiving Stolen Property
Difficulty Level: Medium
8. Which of the following correctly describes the difference between robbery and extortion?
A. Robbery involves a threat of immediate violence, whereas extortion entails a threat of future violence or other harms.
B. Extortion requires use of force, whereas robbery does not.
C. Modern extortion must be committed by a public official, whereas robbery may be committed by a public or private individual.
D. The crime of extortion requires that the perpetrator act on the threat, whereas robbery may be accomplished by simply placing the victim in fear that a robbery will take place.
Learning Objective: 9-9: A conviction for the crime of trespass requires an unauthorized entry onto the property of another with the intent to commit a misdemeanor or felony on the property adjacent to the home.
Cognitive Domain: Comprehension
Answer Location: Extortion
Difficulty Level: Hard
9. The mens rea of arson is which of the following?
A. knowledge
B. negligence
C. malice
D. recklessness
Learning Objective: 9-12: Know the mens rea and actus reus of arson.
Cognitive Domain: Knowledge
Answer Location: Willful and Malicious
Difficulty Level: Easy
10. Bill hired Dan, a local contractor, to do home renovations. Bill wrote Dan a $5,000 check as a deposit for Dan to begin the work. Two weeks later, Dan told Bill that he needed another $3,000 to purchase materials for the renovation and to hire subcontractors. Dan never started the renovations. Dan is guilty of which crime?
A. larceny
B. asportation
C. uttering
D. embezzlement
Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.
Cognitive Domain: Application
Answer Location: Embezzlement
Difficulty Level: Medium
11. Which one of the following elements is NOT part of larceny?
A. trespassory taking
B. taking personal property of another
C. an intent to defraud
D. possession of property of another
Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.
Cognitive Domain: Knowledge
Answer Location: Larceny
Difficulty Level: Easy
12. For larceny, there must be a taking and a(n) ______ of the property.
A. control
B. possession
C. asportation
D. ownership
Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches. Cognitive Domain: Knowledge
Answer Location: Asportation
Difficulty Level: Easy
13. Which of the following items are NOT considered to be tangible property? Includes items over which an individual is able to exercise physical control, such as jewelry, paintings, tools, crops and trees removed from the land, and certain domesticated animals.
A. car titles
B. jewelry
C. paintings
D. domesticated animals
Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches. Cognitive Domain: Knowledge
Answer Location: Property of Another
Difficulty Level: Easy
14. Some states have consolidated larceny, embezzlement, and false pretenses into a single statute punishing ______.
A. theft
B. robbery
C. burglary
D. property crimes
Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.
Cognitive Domain: Knowledge
Answer Location: False Pretenses
Difficulty Level: Easy
15. Which was the known case in which the English Parliament immediately responded by passing a law that held servants, clerks, and employees criminally liable for the fraudulent misdemeanor of embezzlement of property if they take a customer’s property in possession?
A. People v. Gasparik
B. Rex v. Bazeley
C. Lee v. State
D. Batin v. State
Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.
Cognitive Domain: Knowledge
Answer Location: Embezzlement
Difficulty Level: Easy
16. Kevin was charged with embezzlement in a jurisdiction that does not have a consolidated statute. The prosecutor failed to charge him with false pretenses and larceny, in the event the facts tended to prove one of the other theft charges. As it turns out, Kevin did not meet the embezzlement requirements. If the prosecutor had charged larceny, he would have been convicted. Based on these facts, what will be the outcome?
A. He committed a crime so he will be found guilty regardless of the charge.
B. He will be acquitted.
C. The prosecutor will have an opportunity to amend the charges and continue the trial.
D. The defendant will have the opportunity to rebut all evidence presented against him.
Learning Objective: N/A
Cognitive Domain: Application
Answer Location: Theft
Difficulty Level: Medium
17. Which of the following crimes does NOT involve the involuntary transfer of property in which the perpetrator appropriates property of the victim without consent or consent is obtained by fraud?
A. larceny
B. embezzlement
C. false pretenses
D. false imprisonment
Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.
Cognitive Domain: Application
Answer Location: Theft
Difficulty Level: Medium
18. Which of the following elements are NOT central to the definition of embezzlement?
A. fraudulent
B. asportation
C. property of another
D. conversion
Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.
Cognitive Domain: Comprehension
Answer Location: Theft
Difficulty Level: Easy
19. Which one of the following elements is the actus reus of false pretenses?
A. falsely making or materially altering an existing document
B. an individual control the stolen property
C. the false representation of a fact
D. entering or remaining on another person’s property without his or her permission
Learning Objective: N/A
Cognitive Domain: Comprehension
Answer Location: False Pretenses
Difficulty Level: Easy
20. Which one of the following is NOT the requirements for receiving stolen property?
A. receiving property
B. uncertainty whether the property was stolen
C. knowing the property was stolen
D. having the intent to permanently deprive the owner of the property
Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.
Cognitive Domain: Application
Answer Location: Receiving Stolen Property
Difficulty Level: Medium
21. Which two offenses can an individual typically not be charged with simultaneously?
A. stealing and receiving stolen property
B. receiving stolen property and larceny by stick
C. embezzlement and carjacking
D. identity theft and computer crimes
Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.
Cognitive Domain: Application
Answer Location: Receiving Stolen Property
Difficulty Level: Medium
22. Which of the following elements is part of uttering?
A. presented as valuable
B. with the intent to defraud or deceive
C. known to be true
D. negligent intent
Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.
Cognitive Domain: Application
Answer Location: Forgery and Uttering
Difficulty Level: Medium
23. Which of the following elements is NOT part of forgery?
A. written with intent to defraud
B. a false document or material modification of an existing document
C. presented as authentic
D. negligent intent
Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.
Cognitive Domain: Application
Answer Location: Forgery and Uttering
Difficulty Level: Medium
24. Which one of the following crimes involve with the creation of a false document or the material modification of an existing legal instrument with the intent to deceive or to defraud others?
A. uttering
B. forgery
C. simulation
D. larceny
Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.
Cognitive Domain: Knowledge
Answer Location: Forgery and Uttering
Difficulty Level: Easy
25. Which one of the following crimes involve with the trespassory taking and carrying away of the personal property of another with the intent to steal?
A. robbery
B. larceny
C. burglary
D. theft
Learning Objective: 9-7: A person who pushes open a half-closed door to a house at night and while standing outside the house reaches inside with his or her arm and grabs a valuable sculpture on a table is guilty of common law burglary.
Cognitive Domain: Knowledge
Answer Location: Robbery
Difficulty Level: Easy
26. Which one of the following factors does NOT distinguish between simple and aggravated robbery?
A. value of the property
B. level of fear
C. degree of dangerousness
D. level of anger
Learning Objective: 9-7: A person who pushes open a half-closed door to a house at night and while standing outside the house reaches inside with his or her arm and grabs a valuable sculpture on a table is guilty of common law burglary.
Cognitive Domain: Comprehension
Answer Location: Robbery
Difficulty Level: Easy
27. James saw a BMW pulled up to the valet stand in front of a hotel. He waits until the owner finishes his meal and returns to the valet stand to pick up his car. He stands uncomfortably close to the owner and whispers into his ear that he must hand over the keys or things will get violent. If James never enters the car, may he nonetheless be charged with carjacking?
A. Yes, a carjacking may be directed against an individual outside the car who is in possession of the keys and is sufficiently close to control the vehicle.
B. Yes, because Juan was lying in wait and possessed premeditation.
C. No, unless Juan physically enters the vehicle.
D. No, because a threat of violence is not sufficient to overcome the asportation requirement
Learning Objective: 9-8: A landlord who is the owner of a home that he or she rents to a tenant is criminally liable for common law burglary if he or she breaks into the home with the intent to commit a felony.
Cognitive Domain: Application
Answer Location: Carjacking
Difficulty Level: Medium
28. What crime is a form of robbery that punishes the taking of a motor vehicle in the possession of another from his or her person or immediate presence against his or her will?
A. carjacking
B. motor vehicle theft
C. grand theft auto
D. petty theft
Learning Objective: 9-8: A landlord who is the owner of a home that he or she rents to a tenant is criminally liable for common law burglary if he or she breaks into the home with the intent to commit a felony.
Cognitive Domain: Knowledge
Answer Location: Carjacking
Difficulty Level: Easy
29. Which one of the following crimes involves the threat to disclose secret or embarrassing information?
A. extortion
B. blackmail
C. bribery
D. embezzlement
Learning Objective: 9-9: A conviction for the crime of trespass requires an unauthorized entry onto the property of another with the intent to commit a misdemeanor or felony on the property adjacent to the home.
Cognitive Domain: Knowledge
Answer Location: Extortion
Difficulty Level: Easy
30. Which one of the following aspects is NOT burglary at common law?
A. breaking and entering
B. with the use of force
C. at nighttime
D. with the intent to commit a felony
Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.
Cognitive Domain: Comprehension
Answer Location: Burglary
Difficulty Level: Easy
31. Which one of the requirements in the common law burglary was eliminated from the current legal codes?
A. breaking and entering
B. at nighttime
C. with the intent to commit a felony
D. at daytime
Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.
Cognitive Domain: Comprehension
Answer Location: Burglary
Difficulty Level: Medium
32. Which of the following burglary statutes does generally list various circumstances as deserving enhanced punishment, including nighttime burglary of a dwelling or possession of a dangerous weapon?
A. aggravated first-degree
B. second-degree
C. third-degree
D. least serious grade
Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.
Cognitive Domain: Comprehension
Answer Location: Aggravated Burglary
Difficulty Level: Easy
33. Which of the following burglary statutes does typically involve entry with the intent to commit a misdemeanor or nonviolent felony?
A. aggravated first-degree
B. second-degree
C. third-degree
D. least serious grade
Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.
Cognitive Domain: Comprehension
Answer Location: Aggravated Burglary
Difficulty Level: Easy
34. Which one of the following is NOT considered to be interests protected by the crime of burglary?
A. home
B. personal property
C. safety
D. escalation
Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.
Cognitive Domain: Comprehension
Answer Location: Aggravated Burglary
Difficulty Level: Medium
35. ______ trespass is the unauthorized entry of an individual who “intentionally and without authorization” accesses a computer, computer system, or network with the intent to delete, damage, destroy, or disrupt a computer, computer system, or computer network.
A. Criminal
B. Defiant
C. Computer
D. Felony
Learning Objective: 9-11: Criminal mischief requires substantial damage to property.
Cognitive Domain: Knowledge
Answer Location: Trespass
Difficulty Level: Easy
36. When an individual knowingly enters or remains on the premises after receiving notice that he or she is trespassing, it is referred to as ______.
A. criminal trespass
B. defiant trespass
C. computer trespass
D. felony trespass
Learning Objective: 9-11: Criminal mischief requires substantial damage to property.
Cognitive Domain: Application
Answer Location: Trespass
Difficulty Level: Medium
37. What is the mens rea of arson?
A. negligence
B. hatred
C. malice
D. dislike
Learning Objective: 9-12: Know the mens rea and actus reus of arson.
Cognitive Domain: Knowledge
Answer Location: Willful and Malicious
Difficulty Level: Easy
38. Which of the following does NOT satisfy the requirement for common law arson?
A. a negligent and involuntary burning
B. an involuntary burning and willful burning
C. a willful burning and malicious burning
D. a malicious burning and voluntary burning
Learning Objective: 9-12: Know the mens rea and actus reus of arson.
Cognitive Domain: Application
Answer Location: Arson
Difficulty Level: Medium
39. Which one of the following are acts that compose criminal mischief according to the Model Penal Code?
A. removing a stop light
B. injury to property from a flood
C. tricking an individual into spending money unnecessarily
D. striking a pedestrian on purpose
Learning Objective: 9-13: State the law of criminal mischief and the three categories of acts that constitute criminal mischief under the Model Penal Code.
Cognitive Domain: Application
Answer Location: Criminal Mischief
Difficulty Level: Medium
True/False
1. Generally, a person must move an automobile in order to be convicted of carjacking.
Learning Objective: 9-8: A landlord who is the owner of a home that he or she rents to a tenant is criminally liable for common law burglary if he or she breaks into the home with the intent to commit a felony.
Cognitive Domain: Comprehension
Answer Location: Carjacking
Difficulty Level: Easy
2. Forgery and uttering are typically limited to documents that possess legal significance.
Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.
Cognitive Domain: Comprehension
Answer Location: Forgery and Uttering
Difficulty Level: Easy
3. Under the common law, arson requires a burning, but the burning does not have to destroy the property entirely.
Learning Objective: 9-12: Know the mens rea and actus reus of arson.
Cognitive Domain: Knowledge
Answer Location: Arson
Difficulty Level: Easy
4. Most modern statutes limit burglary to a dwelling.
Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.
Cognitive Domain: Comprehension
Answer Location: Burglary | Dwelling House
Difficulty Level: Easy
5. Under the Model Penal Code, criminal mischief may be committed negligently.
Learning Objective: 9-13: State the law of criminal mischief and the three categories of acts that constitute criminal mischief under the Model Penal Code.
Cognitive Domain: Knowledge
Answer Location: Criminal Mischief | Mens Rea
Difficulty Level: Easy
6. Robbery is normally described as a misdemeanor if the property stolen has little value.
Learning Objective: 9-7: A person who pushes open a half-closed door to a house at night and while standing outside the house reaches inside with his or her arm and grabs a valuable sculpture on a table is guilty of common law burglary.
Cognitive Domain: Comprehension
Answer Location: Robbery
Difficulty Level: Easy
7. In order to commit defiant trespass, the perpetrator must receive clear notice that he or she is trespassing.
Learning Objective: 9-11: Criminal mischief requires substantial damage to property.
Cognitive Domain: Knowledge
Answer Location: Trespass
Difficulty Level: Easy
8. Common law larceny requires a taking but does not require asportation of the property.
Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches. Cognitive Domain: Comprehension
Answer Location: Larceny | Asportation
Difficulty Level: Easy
9. In order to satisfy the actus reus of receiving stolen property, the perpetrator must be in control of the property for at least 24 hr.
Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.
Cognitive Domain: Comprehension
Answer Location: Receiving Stolen Property | Actus Reus
Difficulty Level: Medium
10. A person who embezzles property is initially in lawful possession of the property before fraudulently converting it.
Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.
Cognitive Domain: Comprehension
Answer Location: Embezzlement
Difficulty Level: Easy
11. Embezzlement is the trespassory taking and carrying away of personal property of another with the intent to permanently deprive the individual of the possession of the property.
Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.
Cognitive Domain: Knowledge
Answer Location: Larceny
Difficulty Level: Easy
12. Larceny may be accomplished through an innocent party.
Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.
Cognitive Domain: Knowledge
Answer Location: Asportation
Difficulty Level: Easy
13. The mens rea of larceny is the intent to temporarily deprive another of the property.
Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.
Cognitive Domain: Knowledge
Answer Location: Property of Another
Difficulty Level: Easy
14. The penalty for stealing property may be increased where the stolen items belong to a child or to the government.
Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.
Cognitive Domain: Comprehension
Answer Location: Grades of Larceny
Difficulty Level: Easy
15. Embezzlement is the unlawful conversion of the property of another by an individual in the possession of the property.
Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.
Cognitive Domain: Knowledge
Answer Location: Embezzlement
Difficulty Level: Easy
16. Asportation is not required for larceny.
Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.
Cognitive Domain: Comprehension
Answer Location: Larceny
Difficulty Level: Medium
17. Receiving stolen property traditionally was limited to goods that were taken and carried away in an act of embezzlement.
Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.
Cognitive Domain: Comprehension
Answer Location: Receiving Stolen Property
Difficulty Level: Medium
18. Forgery and uttering are usually included in the same statute.
Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.
Cognitive Domain: Comprehension
Answer Location: Forgery and Uttering
Difficulty Level: Easy
19. The major difference between robbery and larceny is the value of the property.
Learning Objective: 9-7: A person who pushes open a half-closed door to a house at night and while standing outside the house reaches inside with his or her arm and grabs a valuable sculpture on a table is guilty of common law burglary.
Cognitive Domain: Comprehension
Answer Location: Robbery
Difficulty Level: Easy
20. Second-degree burglary includes nighttime burglary of a dwelling, the possession of a dangerous weapon, or the infliction of injury to others
Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.
Cognitive Domain: Knowledge
Answer Location: Aggravated Burglary
Difficulty Level: Easy
Short Answer
1. What is the difference between criminal trespassing and defiant trespassing?
Learning Objective: 9-11: Criminal mischief requires substantial damage to property.
Cognitive Domain: Comprehension
Answer Location: Trespass
Difficulty Level: Medium
2. What are some of the differences in the established various rules to distinguish possession from custody?
Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.
Cognitive Domain: Analysis
Answer Location: Larceny
Difficulty Level: Medium
3. How does the MPC consolidates larceny and embezzlement?
Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.
Cognitive Domain: Comprehension
Answer Location: Embezzlement
Difficulty Level: Medium
4. Distinguished between grand larceny and petit larceny.
Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.
Cognitive Domain: Comprehension
Answer Location: Grades of Larceny
Difficulty Level: Easy
5. What is the standard for determining whether an individual knows or honestly believes property is stolen?
Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.
Cognitive Domain: Comprehension
Answer Location: Grades of Larceny
Difficulty Level: Easy
6. What differentiates carjacking from robbery?
Learning Objective: 9-8: A landlord who is the owner of a home that he or she rents to a tenant is criminally liable for common law burglary if he or she breaks into the home with the intent to commit a felony.
Cognitive Domain: Comprehension
Answer Location: Carjacking
Difficulty Level: Medium
7. What is the difference between extortion and bribery?
Learning Objective: 9-9: A conviction for the crime of trespass requires an unauthorized entry onto the property of another with the intent to commit a misdemeanor or felony on the property adjacent to the home.
Cognitive Domain: Comprehension
Answer Location: Extortion
Difficulty Level: Medium
8. How has the intent standard for burglary changed in the recent legal codes?
Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.
Cognitive Domain: Comprehension
Answer Location: Chapter Summary
Difficulty Level: Medium
9. What is the common grading of arson?
Learning Objective: 9-12: Know the mens rea and actus reus of arson.
Cognitive Domain: Knowledge
Answer Location: Arson
Difficulty Level: Easy
10. What explains the disparity in punishments of criminal mischief?
Learning Objective: 9-13: State the law of criminal mischief and the three categories of acts that constitute criminal mischief under the Model Penal Code.
Cognitive Domain: Comprehension
Answer Location: Criminal Mischief
Difficulty Level: Medium
Essay
1. What are the elements of larceny?
Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.
Cognitive Domain: Knowledge
Answer Location: Larceny
Difficulty Level: Easy
2. One evening, Benjamin is walking through a neighborhood when he decides he is going to break into a home and steal belongings inside. Benjamin breaks a window and enters the home. Once inside, he takes more than $10,000 worth of property. While trying to escape, Benjamin is arrested. With what common law crime would Benjamin be charged, and what are the elements of the crime? Would the prosecutor be successful in arguing that this is an aggravated offense under modern statutes? Why or why not?
Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.
Cognitive Domain: Analysis
Answer Location: Burglary
Difficulty Level: Medium
3. Wanda and her friends decide it will be fun to burn down an abandoned building. One Friday evening, they arrive at the building, pour gasoline in and around the property, and set the building on fire. The fire spreads to a nearby home, killing two children inside. Wanda and her friends are arrested. With what crime will Wanda and her friends be charged? Will the prosecutor be successful in arguing that this is an aggravated offense? Why or why not?
Learning Objective: 9-12: Know the mens rea and actus reus of arson.
Cognitive Domain: Analysis
Answer Location: Arson
Difficulty Level: Medium
4. Jack and Jill needed money to pay off a gambling debt. Jack created documents that he claimed to be recently found drawings and poems by John Lennon. Jill went online and sold the drawings and poems for thousands of dollars. Name and define the crime that Jack has committed. What are the elements needed to establish Jack’s crime? Name and define the crime that Jill has committed. What are the elements needed to establish Jill’s crime?
Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.
Cognitive Domain: Application
Answer Location: Forgery
Difficulty Level: Medium
5. Chris’s friends have dared him to remove a stop sign from a neighborhood. That evening, Chris walks through his ex-girlfriend’s neighborhood and decides to take the stop sign at a busy intersection. The next morning, Chris read that there were four accidents at the site where he removed the sign. With what crime will Chris be charged? What are the three types of acts for this crime? Which of these acts most closely characterizes Chris’s criminal behavior, and why?
Learning Objective: 9-13: State the law of criminal mischief and the three categories of acts that constitute criminal mischief under the Model Penal Code.
Cognitive Domain: Application
Answer Location: Criminal Mischief
Difficulty Level: Medium
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Complete Test Bank Essential Criminal Law 3e with Answers
By Matthew Lippman