Chapter 5 Crime And Criminal Law Test Bank Docx

CHAPTER 5

CRIME AND CRIMINAL LAW

MULTIPLE CHOICE QUESTIONS

1. Substantive law is:

a. the law of crimes

b. the law of search and seizure

c. due process

d. none of the above

2. Which of the following is a component of a crime?

a. an act in violation of a criminal law

b. the person committing the the criminal act must have intended to do so

c. the criminal act must have been committed without any legally acceptable defense or justification

d. all of the above

3. In regards to crime as a subset of harmful acts (Walsh & Ellis, 2007), which circle contains those acts that are considered no one else's business except the person engaging in them unless that person creates a public annoyance or endangers public safety?

a. all social harms

b. all crimes

c. all harms

d. core offenses

4. In regards to crime as a subset of harmful acts (Walsh & Ellis, 2007), which circle contains the "core" mala in se crimes?

a. all social harms

b. all crimes

c. core offenses

d. all harms

5. Common characteristics of criminal law include:

a. a list of penalties prescribed for those who violate the law

b. the provision of certain defenses to criminal liability

c. conviction carries with it the community's formal condemnation

d. all of the above

6. The bulk of criminal law is located in:

a. the U.S. Constitution

b. state statutes

c. common law

d. federal statutes

7. Around the middle of which century did states begin to codify the common law?

a. seventeenth

b. eighteenth

c. nineteenth

d. twentieth

8. The legal theory of substantive due process is the underlying theory for the __________ rights extended in Griswold v. Connecticut (1965), Roe v. Wade (1973), and Lawrence v. Texas (2003).

a. criminal trial

b. privacy

c. search and seizure

d. religious freedom

9. In which case did the U.S. Supreme Court hold that a statute must give fair notice to both law enforcement and citizens on exactly what conduct is forbidden so as to limit arbitrary enforcement and provide individuals with fair warning of what they lawfully may do?

a. J.E.B. v. Alabama ex rel T.B.

b. Gregg v. Georgia

c. Rummel v. Estelle

d. Papachristou v. City of Jacksonville

10. What refers to the idea that laws must be enforced in a fair and nonarbitrary manner?

a. due process

b. overbreadth

c. fair notice

d. substantive fairness

11. In which case did the U.S. Supreme Court hold that states can impose sentences of life in prison for habitual offenders, even when the underlying felonies involve nothing more serious than fraudulent use of a credit card and writing bad checks where the total amount of money in question was less than $230?

a. Rummel v. Estelle

b. Papachristou v. City of Jacksonville

c. Gregg v. Georgia

d. J.E.B. v. Alabama ex rel T.B.

12. What laws are those passed "after the fact"?

a. habeas corpus

b. ex post facto laws

c. bills of attainder

d. habeas bills

13. Bills of attainder are:

a. laws passed after an event occurs

b. laws that impose punishment without a trial

c. retroactive punishment

d. permitted by the U.S. Constitution

14. Generally, actus reus can be fulfilled by:

a. one’s status

b. one’s thoughts

c. a voluntary action

d. omission of action whether there is a legal duty to act or not

15. In which case did the U.S. Supreme Court hold that it is lawful to punish someone for being drunk in public, which is an act, even if the person suffers from chronic alcoholism?

a. Gregg v. Georgia

b. Montana v. Egelhoff

c. Powell v. Texas

d. Rummel v. Estelle

16. A failure to act:

a. is generally not subject to sanction even if it is morally reprehensible

b. must occur without coercion

c. never results in criminal liability because the person did not do anything

d. none of the above

17. Retaining possession in the face of awareness that it is unlawful to possess the item is similar to a(n):

a. voluntary act

b. omission

c. involuntary act

d. all of the above

18. Criminal liability:

a. attaches once the criminal act occurs

b. generally does not attach based on actions alone

c. can attach for a person's illegal thoughts

d. all of the above

19. What refers to the mental purpose or desire to commit a certain act?

a. motive

b. causation

c. knowledge

d. intent

20. What refers to the cause, or reason why the act was committed?

a. knowledge

b. motive

c. intent

d. purpose

21. The Model Penal Code sets forth which of the following four levels of intent?

a. purposeful, knowing, reckless, negligent

b. accidental, intentional, premeditated, deliberate

c. willful, knowing, accidental, purposeful

d. none of the above

22. Which level of intent occurs when a person is practically certain of the result to follow from this conduct?

a. knowingly

b. negligent

c. purposefully

d. recklessly

23. The negligence standard is an objective one-if the "__________" person would have been aware of the risk of harm, then the negligent person is responsible for being aware of his or her conduct.

a. reasonable

b. prudent

c. culpable

d. purposeful

24. What is the legal principle that the criminal act is the act that is the cause of the harm?

a. intent

b. action

c. vicarious

d. causation

25. What type of causation refers to the idea that "but for" the actor's conduct, the harm would not have occurred?

a. legal cause

b. factual cause

c. proximate cause

d. illegal cause

26. For all practical purposes, in the vast majority of criminal cases, legal cause and factual cause:

a. are not the same thing

b. are not important

c. are the same thing

d. do not need to be proven

27. There can be no liability without:

a. motive

b. omission

c. harm

d. an attempt

28. What type of liability is used in the criminal arena when there is a strong public interest involved to justify eliminating the mens rea requirement?

a. legal

b. strict

c. vicarious

d. criminal

29. Which of the following is an example of an inchoate crime?

a. burglary

b. statutory rape

c. homicide as self-defense

d. conspiracy to commit murder

30. Which crimes are ones in which criminal liability exists even though the contemplated act or actions never take place?

a. vicarious liability

b. strict liability

c. inchoate

d. complicity

31. The doctrine of __________ developed as a means of controlling potentially dangerous persons and activities.

a. possession

b. solicitation

c. conspiracy

d. attempt

32. For an attempt, courts generally require evidence of "some step" or "__________" that constitute perpetration of the criminal act.

a. words or some action of inducing

b. substantial steps

c. an act in furtherance

d. both a and b

33. What involves the intent to induce another to commit a crime?

a. conspiracy

b. liability

c. solicitation

d. attempt

34. Which of the following is true regarding conspiracy?

a. the intended crime must occur for conspiracy to be committed

b. in most jurisdictions, an agreement for an unlawful purpose is not enough to prove conspiracy

c. jurisdictions never require an act in furtherance of the conspiracy

d. a co-conspirator may be held liable for the actions of others in the conspiracy, even if they are unaware of their offenses

35. Under the doctrine of complicity, those who commit the act are:

a. principles in the second degree

b. accessories before the fact

c. accessories after the fact

d. principles in the first degree

36. __________ includes accessories both before and after the fact, so long as they are aware that a crime will occur or has occurred.

a. attempt

b. solicitation

c. complicity

d. conspiracy

37. Which of the following is true regarding modern statutes and the doctrine of complicity?

a. they have eliminated the distinction between principles and now make them all accessories before the fact

b. they have eliminated accessories before and after the fact and only apply the doctrine to principles

c. they retain the distinction between principles and accessories after the fact

d. both a and c

38. In what type of defense does the defendant assert they are not the person who committed the act charged?

a. alibi

b. affirmative

c. consent

d. reliable

39. What refers to the duty to produce evidence?

a. burden of persuasion

b. burden of production

c. burden of complicity

d. burden of defense

40. In some states, a higher burden of proof is imposed for certain offenses, such as the __________ defense.

a. insanity

b. entrapment

c. consent

d. duress

41. An example of a justification defense is:

a. duress

b. intoxication

c. self-defense

d. none of the above

42. Which doctrine states that persons attacked in their home need not retreat from a potentially deadly invasion and/or attack?

a. protection doctrine

b. walking doctrine

c. castle doctrine

d. retreat doctrine

43. What defense to a crime provides that a person may agree to suffer what otherwise would be an actionable injury?

a. excuse

b. consent

c. duress

d. reliability

44. Which type of defense is one in which a defendant admits that what they did was wrong but argues that, under the circumstances, they were not responsible for the improper conduct?

a. consent

b. consistency

c. duress

d. excuse

45. Which of the following is true regarding the defense of duress?

a. its use never removes the mens rea component

b. it may be raised in a limited number of situations

c. it never excuses minor crimes

d. it never excuses major crimes

46. What type of intoxication defense never provides a complete defense but may negate the mens rea component for an offense requiring specific intent in some states by reducing the degree of the crime charged?

a. involuntary intoxication

b. duress intoxication

c. voluntary intoxication

d. complicit intoxication

47. Under the common law, there was a presumption that children under the age of seven years:

a. were incompetent

b. could be held legally liable, but were treated more leniently

c. could be held liable, but not be sentenced to death

d. could be held responsible only if they had an adult-level IQ

48. As stated in the text, mental illness and legal ___________ are not the same thing.

a. complicity

b. intent

c. insanity

d. illness

49. Which test for insanity is met when the defendant lacks substantial capacity to appreciate the wrongfulness of their conduct or the ability to control it?

a. M’Naghten rule

b. irresistible impulse test

c. substantial capacity test

d. Durham test

50. The GBMI (guilty but mentally ill) verdict:

a. maintains the defendant’s criminal liability, and hence criminal sentence, but mandates psychiatric treatment for them

b. excuses the defendant’s criminal liability but mandates psychiatric treatment for them

c. maintains the defendant’s criminal liability, but not the criminal sentence, and encourages incarceration for them

d. excuses the defendant’s criminal liability but encourages shock incarceration for them

51. Which defense is increasingly being raised by defendants caught in drug and internet sexual enticement stings?

a. insanity

b. execution of public duties

c. entrapment

d. consent

52. Which category of crimes often are ranked among the most serious offenses?

a. crimes against the person

b. crimes against property

c. crimes against public order

d. crimes against morality

53. Under the common law, death was defined as when:

a. there was an irreversible cessation of brain function

b. breathing stopped

c. the heartbeat stopped

d. all of the above

54. According to the Model Penal Code, which of the following are the three forms of criminal homicide?

a. justifiable homicide, excused homicide, criminal homicide

b. first-degree murder, second-degree murder, manslaughter

c. murder, manslaughter, negligent homicide

d. homicide, manslaughter, execution

55. What is a criminal homicide in which an unintentional killing results from a reckless act?

a. negligent homicide

b. murder

c. involuntary manslaughter

d. voluntary manslaughter

56. The common law definition of rape created which of the following loopholes in the law?

a. only men could be raped

b. only men were capable of rape

c. only women could rape

d. men could rape their wives

57. Today, many jurisdictions have merged the offenses of assault and battery, referring to both as:

a. fighting

b. battery

c. assault

d. conducive battery

58. Which category of crimes are far more common?

a. crimes against public order

b. crimes against morality

c. crimes against the person

d. crimes against property

59. Since the earliest common law, dwellings have been afforded special protection from entry by:

a. friends

b. uninvited guests

c. agents of the state

d. both b and c

60. Disorderly conduct in a group setting generally is referred to as:

a. group disorder

b. unlawful disorder

c. unlawful assembly

d. disorderly assembly

TRUE/FALSE QUESTIONS

1. Substantive law indicts (tells us what we should NOT do) various types of conduct.

a. True

b. False

2. Offenses that carry universal consensus of being wrong, cause high levels of social harm, are extremely serious, and carry severe penalties are considered in rem.

a. True

b. False

3. Part II offenses are reported to the FBI for the UCR only if an arrest is made.

a. True

b. False

4. Treason is the only crime specifically mentioned in the U.S. Constitution.

a. True

b. False

5. Statutes define the elements (the various parts) of a crime more specifically than was the case under common law.

a. True

b. False

6. Due diligence simply means letting people know what is (and is not) permitted.

a. True

b. False

7. Ex post facto laws are those passed "after the fact."

a. True

b. False

8. All five elements of criminal liability, when taken together, comprise the body of the crime, or the stare decisis.

a. True

b. False

9. A failure to act is also referred to as causation.

a. True

b. False

10. Intent refers to the mental purpose or desire to commit a certain act.

a. True

b. False

11. Concurrence is simply the union of the criminal act and criminal intent.

a. True

b. False

12. Legal cause is also referred to as factual cause.

a. True

b. False

13. Soliciting others to commit a crime is an example of an inchoate crime.

a. True

b. False

14. In early common law, it was a crime to attempt but fail to complete a criminal act.

a. True

b. False

15. Constructive intent is an agreement between two or more people for the purpose of committing a crime.

a. True

b. False

16. Under the doctrine of complicity, individuals who were not present at the crime but who facilitated it in some way are accessories before the fact.

a. True

b. False

17. A defense in which the defendant admits responsibility for the act that occurred but claims that, under the circumstances, the act was not criminal is an alibi.

a. True

b. False

18. There is a doctrine that states that a person must scream rather than use deadly force if doing so is possible without endangering the person's life.

a. True

b. False

19. The defense of duress varies by jurisdiction but generally includes situations involving the threat of serious, imminent harm to oneself where the act is less serious than the threatened harm.

a. True

b. False

20. Persons below a certain age lack the requisite mental capacity to form mens rea.

a. True

b. False

21. The product test for insanity is defined as the inability to control one's conduct even though one is aware that the conduct is wrong.

a. True

b. False

22. In the case of Sherman v. United States, the U.S. Supreme Court laid out two rules of entrapment.

a. True

b. False

23. Unlawful killings are called manslaughter.

a. True

b. False

24. Adequate provocation is defined as a killing that occurs after such provocation as the law deems sufficient-namely, that which could cause a reasonable person to react violently.

a. True

b. False

25. Forcible rape statutes restrict the introduction into evidence of a victim's sexual history.

a. True

b. False

26. Today, many jurisdictions have merged the offenses of assault and battery, referring to both as assault.

a. True

b. False

27. Crimes against property are far more common than crimes against the person.

a. True

b. False

28. Burglary is a crime against the home.

a. True

b. False

29. Today, robbery is defined broadly and includes taking by stealth, by fraud, and by false pretenses.

a. True

b. False

30. Public morals crimes are also known as crimes against moral turpitude.

a. True

b. False

ESSAY QUESTIONS

1. Describe the various elements of crime as a subset of harmful acts. In your answer, provide a discussion of Part I offenses, Part II offenses, and the UCR.

2. Identify and define each of the limitations on crimnal law.

3. Identify and define the five elements of a crime.

4. What are justification defenses? Identify and define the three types of justification defenses mentioned in the text.

5. Compare and contrast the different types of criminal homicides.