Full Test Bank Ch.5 Crime And Criminal Law 5th Edition

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. What did Paul Tappan define as "an intentional act in violation of the criminal law committed without defense or excuse, and penalized by the state"?

a. code

b. crime

c. punishment

d. enforced act

3. What define the elements (the various parts) of a crime more specifically than was the case under common law?

a. case law

b. statutes

c. due process

d. penalties

4. A statute is ______________ if it fails to clearly define both the act prohibited and the appropriate punishment in advance.

a. void for vagueness

b. overbroad

c. ex post facto

d. substantive

5. What means that the state cannot enact or enforce laws aimed at restricting the rights of individuals who are members of "suspect classifications"?

a. overbreadth

b. fair classification

c. due process

d. equal protection

6. Bills of attainder are:

a. laws passed after an event occurs

b. laws that punishment without a trial

c. retroactive punishment

d. permitted by the U.S. Constitution

7. 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

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

a. motive

b. causation

c. knowledge

d. intent

9. 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

10. Which level of intent occurs when an individual unconsciously creates a risk of harm?

a. knowingly

b. negligent

c. purposefully

d. recklessly

11. What is simply the union of the criminal act and criminal intent?

a. concurrence

b. causation

c. combination

d. legal jointure

12. 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

13. Legal cause is also known as:

a. proximate cause

b. illegal cause

c. actual cause

d. factual cause

14. Strict liability:

a. imposes accountability without proof of criminal intent in situations where society deems it fair to do so

b. refers to the imputation of accountability from one person to another

c. is premeditated

d. refers to the concept of harsher punishments for more serious crimes

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

a. accomplice after the fact

b. soliciting others to commit a crime

c. vicarious liability

d. misprison of a felony

16. What is an agreement between two or more people for the purpose of committing a crime?

a. conspiracy

b. attempt

c. solicitation

d. constructive intent

17. Under the doctrine of complicity, those that 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

18. In what type of defense does the defendant assert he or she is not the person who committed the act charged?

a. alibi

b. affirmative

c. consent

d. reliable

19. An example of a justification defense is:

a. duress

b. intoxication

c. self-defense

d. none of the above

20. Under what defense to a crime can a person agree to suffer what otherwise would be an actionable injury?

a. excuse

b. consent

c. duress

d. reliability

21. Which of the following is an example of an excuse defense?

a. insanity

b. self-defense

c. consent

d. execution of public duties

22. Regarding the criminal liability of persons under the age of seven, common law maintained that:

a. they were incompetent

b. they can be held legally liable but treated more leniently

c. they can be held liable, but they may not be sentenced to death

d. they can be held responsible only if they have adult-level IQs

23. Which standard for insanity is realized if a defendant did not know either what he or she was doing or that it was wrong?

a. Durham rule

b. irresistible impulse test

c. M'Naghten rule

d. right-wrong test

24. A GBMI (guilty but mentally ill) verdict

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

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

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

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

25. 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

26. 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

27. What is defined by the FBI (2015) as "the carnal knowledge of a female forcibly and against her will"?

a. assaultive rape

b. rape shield

c. battery rape

d. forcible rape

28. Under the common law, a battery was defined as:

a. unjustified, offensive, and intentional physical contact of some sort

b. only threatened physical contact of some sort

c. only intentional physical contact of some sort

d. none of the above

29. What is defined by the FBI (2015) as "any willful or malicious burning or attempting to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc."?

a. malicious fire

b. arson

c. willful fire

d. personal arson

30. Which element of larceny is satisfied if the item is moved even a slight distance from its original location?

a. theft

b. carrying away

c. taking

d. burglary

TRUE/FALSE QUESTIONS

1. Criminal law is sometimes referred to as substantive law.
2. Criminal law is an informal means of social control.
3. Treason is the only crime specifically mentioned in the U.S. Constitution.
4. Much of statutory criminal law was derived from common law crimes.
5. A statute is overbroad when it fails to narrowly define the specific behavior to be restricted.
6. Bills of attainder are laws passed after an event, criminalizing that conduct.
7. Ex post facto laws are laws that impose punishment without a trial.
8. The five elements of criminal liability comprise the body of the crime, referred to as the corpus delecti.
9. The criminal act is sometimes referred to as the mens rea.
10. Criminal acts include voluntary bodily movements, failures to act, and possession.
11. A failure to act creates liability only when there exists a special relationship.
12. Criminal law generally requires both act and intent together, or concurrence.
13. The Model Penal Code sets forth three levels of intent.
14. Legal cause is sometimes referred to as proximate cause.
15. Strict-liability crimes impose criminal liability without proof of criminal intent.
16. Self-defense is considered an excuse defense.
17. An excuse defense is one in which the defendant admits that what he or she did was

wrong but argues that under the circumstances, he or she is not responsible.

1. Under the common law, assault and battery were separate offenses with different elements.
2. Early common law included force as an element in larceny.
3. Public morality offenses are generally considered mala in se offenses.
4. Criminal law is derived from a variety of sources, including state and federal constitutions, state and federal statutes, and common law.
5. A statute is considered overbroad if it fails to clearly define both the act prohibited and the appropriate punishment in advance.
6. Criminal statutes may restrict equal protection but not due process.
7. Negligence is the unconscious creation of a risk of harm.
8. Vicarious liability refers to the imputation of accountability from one person to another.
9. Burglary is a type of inchoate crime.
10. According to the common law parties to crime, principles in the first degree are present when the crime occurs but do not commit the act itself such as lookouts and getaway drivers.
11. Entrapment occurs when the crime is the result of “the creative activity” of law enforcement, and the prosecutor cannot prove beyond a reasonable doubt that the defendant was “independently predisposed” to commit the crime.
12. Under the felony murder rule, an individual may be held liable for an unintended killing that occurs during the commission of a dangerous felony.
13. A taking of property accomplished by the threat of future harm to person, property, or reputation is extortion.

ESSAY QUESTIONS

1. What is the difference between mala in se and mala prohibita crimes? Give two examples of each.
2. Discuss the various limitations on criminal law.
3. Outline the five elements of corpus delecti and explain why they all must be proven.
4. List and explain the distinctions between each of the Model Penal Code’s levels of intent.
5. Compare and contrast the three forms of criminal homicide.