Final

This offense combines breaking and entering with the intent to commit a crime (usually a felony).

Burglary

This offense is defined as breaking and entering into the dwelling or structure of another with the intent to commit a crime (usually a felony) inside.

Burglary

Which of the following is required for common law arson?

Burning of the dwelling of anothe

The ________ states that the nonaggressor is not required to retreat from their home.

Castle doctrine

This type of large-scale conspiracy is one in which the individuals at one end of the conspiracy are not aware of the individuals at the other end.

Chain conspiracy

This case identifies four circumstances in which a person is said to be involuntarily intoxicated.

City of Minneapolis v. Altimus

This U.S. Supreme Court case determined that the death penalty is not permitted for the rape of an adult.

Coker v. Georgia

What type of law developed in England by judges who wrote down their decisions and circulated them to other judges

Common

Which of the following is a goal of criminal law?

Community protection

Which of the following deals with defendant's ability to understand what is happening at the time of trial or a related criminal proceeding?

Competency to stand trial

This is when two or more offenders work together and actually commit a criminal act.

Complicity

Which of the following is a key federal law regarding cybercrime?

Computer Fraud and Abuse Act (CFAA)

Reckless driving is an example of a ________ crime.

Conduct

The defense of ________ involves the victim consenting to physical contact or activity with the defendant.

Consent

An agreement to commit a crime is known as a(n)

Conspiracy

This is an inchoate offense in which an agreement is reached to commit a crime.

Conspiracy

Anyone who contributes to a child's delinquency, not just parents, can be charged with ________.

Contributing to the delinquency of a minor

Which of the following refers to the liability of a corporation, no matter its size, for the criminal conduct of its employees?

Corporate vicarious liability

Which type of court oversees alleged traffic court violations in a state system?

Courts of limited jurisdiction

If George pushes Gary, who cannot swim, into a lake; Gary struggles and cries out for help; and George fails to assist, George can be guilty of a crime. Which omission would satisfy the actus reus requirement specific to George's situation?

Creation of Peril

This offense is defined as intentionally damaging or destroying another's property.

Criminal mischief

Which justification defense argues that a person is justified using force to protect another from the unlawful use of force by an aggressor?

Defense of others

Deadly force cannot be used in which defense?

Defense of property

Which philosophy of punishment is the primary logic behind felony murder?

Deterrence

What type of evidence proves a fact without the need of the jury to infer anything from it?

Direct

What type of court system is used in the United States?

Dual court system

This offense is most commonly referred to as a white-collar crime.

Embezzlement

This offense is when someone in lawful possession of property retains or converts the property for their own use with the intent to steal or defraud the rightful owner.

Embezzlement

This defense is one of the only defenses that calls into question law enforcement's role in the instigation of crime.

Entrapment

This excuse defense could be applicable if the government is found to have manufactured or initiated a crime that would not have otherwise occurred.

Entrapment

Assume that a state decides to define a juvenile as someone under the age of 16, not the usual 18. Assume further that a 17-year-old committed robbery before the change. To suddenly try him or her as an adult could constitute a(n) ________ violation.

Ex post facto

This offense is also referred to as blackmail.

Extortion

obbery is the immediate threat of harm. ________ is threat of future harm.

Extortion

Which federal investigative law enforcement agency has jurisdiction over internet harassment?

FBI Local Offic

This form of causation is the requirement that the defendant's conduct was the cause in fact of the harm

Factual

Which defense results in a defendant's acquittal due to reasonable doubt in the mind of the jury?

Failure of proof defense

Overbreadth cases frequently involve the ________ Amendment, which protects the freedom of religion, assembly, and speech.

First

This crime is defined as the deliberate, willful, and premeditated killing of another person.

First-degree murder

The elements of a duress defense depend on the crime in question. For all nonhomicide offenses, there are ________ general elements:

Five

Murder, robbery, burglary, rape, or arson are known as ________ felonies.

Forcible

This 1972 U.S. Supreme Court case decided that the death penalty, as it was being carried out at the time, was unconstitutional.

Furman v. Georgia

The doctrines of legality and lenity fit within the ________ part of the criminal law.

General

This type of intent is the intent to commit the actus reus or criminal act of the crime only.

General

Which U.S. Supreme Court case set the standard for evaluating nondeadly force claims by law enforcement officials?

Graham v. Connor

Make my day laws are premised on a defense of ________ theory, not a self-defense theory.

Habitation

Breaking into computer systems with the intent to alter or modify settings is known as ________.

Hacking

Utilizing the personal information of another person to commit fraud or deception is known as ________.

Identity theft

At common law, if someone solicits, encourages, or commands another to offend, then he is a(n) ________.

Accessory before the fact

A(n) ________ most often assists before and during the crime, while the ________ typically helps after the fact.

Accomplice; Accessory

Property is in a person's ________ possession if he or she is holding it or it is attached to the victim in some fashion.

Actual

If a person is holding property or the property is attached to the person in some fashion, this is known as ________ possession.

Actual.

The person who assists a principle in the commission of a crime has satisfied the ________ of accomplice or accessory liability.

Actus feus

A(n) ________ defense is a defense that results in the defendant being convicted of a lesser crime, but does not result in an acquittal.

Imperfect

A type of assault in which the criminal attempts to commit the crime of battery but is unsuccessful is the offense of ________.

Attempted battery assault

Early English common law contains the foundations of the modern-day double jeopardy. The rule of ________ prohibited the retrial of a defendant who was found not guilty.

Autrefois acquit

State statutes that make it a crime for someone to fail to come to the aid of another who is danger are known as ________.

Bad Samaritan Laws

Specific to embezzlement, this individual, usually an employer, who entrusts the bailee with their property.

Bailor

Unlawful offensive touching of another without consent is known as ________.

Battery

The separation of a death penalty trial into parts, the first focusing on the defendant's guilt or innocence and the second focusing on the appropriate penalty, is known as ________.

Bifurcation

When does modern law typically define end of life?

Brain function ends

Which of the following is the act of removing an individual from society so he or she can no longer offend?

Incapacitation

This defense is an excuse defense to a criminal charge based on the defendant's mental condition at the time of the crime.

Insanity defense

The mens rea of kidnapping is ________.

Intent to confine, restrain or hold in secret

This test is used under the equal protection clause of the Fourteenth Amendment for classifications based on gender.

Intermediate Scrutiny

Another event besides the actions of the defendant that resulted in the harm after the defendant acted is known as a(n) ________ cause.

Intervening

In general, a person who voluntarily ingests an intoxicant will not succeed with a defense of ________.

Intoxication

This excuse defense is applicable typically only if the intoxication through alcohol, drugs, or substances is involuntary.

Intoxication

With ________ defenses, the defendant accepts responsibility for the act he or she is charged with, but argues that the act was permissible under the circumstances.

Justification

This offense refers to the unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty.

Kidnapping

The crime of ________ is very common, accounting for approximately 70% of all property crimes.

Larceny

The mistake of ________ is when a defendant claims to misunderstand or misinterpret the law as it applies to the specific circumstances.

Law

In regards to the crime of attempt, ________ impossibility is often regarded as a defense, while ________ impossibility is not.

Legal; Factual

What is the translation of the Latin term respondeat superior?

Let the master answer.

Which of the following is defamation by the written or printed word?

Libel

This Supreme Court case raises the issue of whether an ex post facto violation occurs when the punishment scheme for an offense is altered after its commission.

Lynce v. Matthis

This is an insanity test that focuses on the defendant's ability to appreciate the wrongfulness of his conduct based on a mental disease or defect.

M'Naghten Test

What is the Model Penal Code test for insanity?

M'Naghten Test

What is an act that is wrong or evil in itself?

Malum in se

What is the unlawful killing of another person without malice aforethought?

Manslaughter

Which state defines a human being as a fetus that has progressed beyond the embryonic stage of seven to eight weeks?

Massachusetts

The ________ of threatened battery assault is the intention to cause another person to fear imminent battery.

Mens rea

This doctrine states that an individual encouraging or assisting a crime can be liable not only for the original crime, but for any other offenses that are the natural and probable consequences of the crime.

Natural and Probable Consequences Doctrine

A(n) ________ defense is raised in cases when the defendant argues that she chose between the lesser of two evils.

Necessity

This defense is also known as the "choice of evils defense" and justifies certain types of criminal activity when it cannot be avoided.

Necessity

Which type of mens rea or criminal intent involves the defendant unconsciously creating a risk of harm and not acting like a reasonable person under the circumstances?

Negligence

Procedural defenses not related to the guilt or innocence of the defendant are known as ________ defenses

Nonexculpatory

Which of the following offenses can only be perpetrated by a designated person or class of persons?

Nonproxyable offense

What was the result in the Ford Motor Company's reckless homicide case?

Not guilty verdict

Which defense for entrapment focuses on police conduct and does not look at the defendant's predisposition?

Objective test

A "temporary psychotic reaction, often manifested by violence, which is triggered by consumption of alcohol by a person with a pre-disposing mental or physical condition" is known as ________.

Pathological intoxication

Robbery is limited to the taking of ________ property.

Personal

A mercy killing that involves the purposeful termination of life by someone other than the terminally ill patient is known as ________.

Physician-assisted suicide

Which defense would a defendant use when claiming that the crime was based on psychological trauma the defendant suffered after experiencing a traumatic event?

Post-traumatic stress disorder

This test of insanity is also known as the Durham test.

Product Test

In the criminal law context, the burden of ________ falls on the prosecutor to establish the defendant's guilt beyond a reasonable doubt.

Proof

Sexual intercourse without the consent of the victim is the crime of ________.

Rape

Statutes that restrict the admissibility of the victim's past sexual history at trial are known as ________.

Rape shield laws

This test is used under the equal protection clause of the Fourteenth Amendment for classifications which are based on characteristics like age and sexual orientation.

Rational Basis

In the appeals process, what occurs when an appellate court sends a case back to the lower court for further action consistent with its decisions?

Remand

the Model Penal Codes offers which of the following defenses for the crime of solicitation?

Renunciation

In regard to felony murder, it is the sequence of the felony from beginning to end.

Res gestae

Causation, the requirement that the defendant is responsible for the harm, applies only to ________ crimes.

Result

These crimes are offenses that are not complete without actual harm.

Result

This theory of punishment rests on the foundations of vindictive justice and believes that offenders should be made to suffer for their crimes.

Retribution

The waiver of a juvenile defendant from adult court to juvenile court is known as a ________.

Reverse waiver

An armed man points a gun at Kelly and demands her diamond ring or else he will shoot. What crime has the man committed?

Robbery

In New York, a person is guilty of arson in the ________ when she or he intentionally damages a building or motor vehicle by starting a fire, and when (a) another person who is not a participant in the crime is present in such building or motor vehicle at the time, and (b) the defendant knows that fact or the circumstances are such as to render the presence of such a person therein a reasonable possibility.

Second degree

Which of the following is defamation by the spoken word?

Slander

What is the practice of posing as other individuals in an effort to obtain passwords and other privileged information?

Social engineering

An offer to commit a crime is known as a(n) ________.

Solicitation

This is an inchoate offense that occurs when a person entices, advises, incites, orders, or otherwise encourages someone else to commit a crime.

Solicitation

What was the first Supreme Court case recognizing the entrapment defense?

Sorrells v. United States

This type of large-scale conspiracy is one in which one central actor has control of all of the aspects of the conspiracy, while the other members of the conspiracy have control of only one aspect

Spoke and wheel conspiracy

A prison inmate sent letters to his wife on the outside, soliciting various criminal activities. This case determined there was no evidence the letters actually reached his wife, so the inmate could not be convicted of solicitation.

State v. Cotton

Mary fails to report suspected child abuse. Failure to report can lead to criminal liability by omission. Which omission would satisfy the actus reus requirement specific to Mary's situation?

Statute

This test is used under the equal protection clause of the Fourteenth Amendment for classifications based on race

Strict Scrutiny

Hiding in a department store bathroom until it closes with intent to steal merchandise is an example of behavior that would constitute ________.

Surreptitious remaining

Some statutes, and the Model Penal Code, extend the actus reus of burglary to include the practice of ________.

Surreptitious remaining

Which U.S. Supreme Court case found the "fleeing felon rule," which allowed the use of deadly force simply to subdue a fleeing felon, unconstitutional?

Tennessee v. Garner

Which test for the actus reus of attempt looks at whether the offender has control of everything necessary to complete the crime?

The "Indispensable Element" Test

Which test for the actus reus of attempt looks at the likelihood of the offender stopping once the wheels have been set in motion?

The "Probable Desistance" Test

Which test for the actus reus of attempt looks at when a normal law abiding citizen views the offender's actions as criminal?

The "Unequivocally" Test.

Which test for the actus reus of attempt requires the offender to take a substantial step that corroborates the criminal purpose?

The Model Penal Code "Substantial Step" Test

An out-of-court statement offered as evidence for the truth of the matter asserted is known as ________.

The Pinkerton Rule

A corporation can be criminally liable for the actions of its agents when ________.

The agent acts in the official scope of their employment

A type of assault in which the criminal intentionally places another person in fear of an imminent battery is the offense of ________.

Threatened battery assault

The criminal law definition of ________ is, simply, entry onto private property without the owner's consent.

Trespassing

This offense is concerned primarily with illegal entry onto private property.

Trespassing

What is the highest court in the federal system

U.S. Supreme Court

This defense is a criminal defense based on the defendant's traumatic upbringing in a violent area.

Urban psychosis

Passing a forged document to another with the intent to defraud is known as ________.

Uttering

Which United States Supreme Court case ruled that cross burning could only be outlawed if done with the intent to intimidate?

Virginia v. Black.

Today, the cutoff point between grand and petty theft is somewhere in the neighborhood of ________.

$1000

In general, children under the age of ________ are charged and adjudicated in the juvenile justice system.

18

How many federal district courts are in the United States (including territories)?

94

An unauthorized program hidden within a legitimate program is known as ________.

A Trojan horse

f a state government brings charges against an individual for burglary, this is a ________ case.

Criminal

________ specifies what kinds of behavior are illegal, what punishments are available for dealing with offenders, and what defenses can be invoked by individuals who find themselves on the wrong side of the law.

Criminal law

________ is an attack on the good reputation of another.

Defamation

Which of the following is the objective component of self-defense?

A reasonable person's belief that the defendant was justified under the circumstances

Which is the party that appeals?

Appellant

This is defined as "a state of being an accomplice."

Complicity

Crimes that are complete when the criminal act and criminal intent concur are known as ________.

Conduct crimes

Some states expressly forbid this defense for homicide cases.

Duress

Which common law element of burglary has largely been abandoned?

During the nighttime

This is altering an e-mail address so that it appears to come from a person other than the sender.

E-mail spoofing

Materially altering a document with the intent to defraud is known as ________.

Forgery

Which Amendment states "no state shall deny to any person within its jurisdiction the equal protection of the laws"?

Fourteenth

To sentence a first-degree murderer to death, it is usually required that jurors find (1) at least ________ aggravating factor and (2) ________ mitigating circumstance(s).

One; No

According to common law, children under the age of seven had ________.

Presumption against criminal capacity

This waiver of a juvenile defendant from juvenile to adult court is presumed appropriate based on the age, offense, or other factors.

Presumptive waiver

At common law, who is someone who intentionally assists with the commission of a crime and who is actually or constructively present at the time of the crime?

Principal in the second degree

A law will be ________ if it prohibits action that is protected by the Constitution.

Void for overbreadth

A woman took an intoxicated man into her home and allowed him to use the bathroom, knowing his intent was to inject heroin (she even gave him a spoon to help prepare his injection). He emerged from the bathroom, collapsed, and was later dragged outside, where he died. The woman was found guilty of manslaughter. Which omission would satisfy the actus reus requirement specific to this woman's situation?

Voluntary Assumption of Care

What is the most often-cited spring gun case?

people v. Ceballos

Being a(n) ________ is not quite as serious as being a(n)________, as one who assists after the crime may engage in behaviors that are far more innocuous than helping with the commission of a crime.

Accessory; Accomplice

A(n) ________ is one who knowingly, voluntarily and with common intent unites with the principal offender in the commission of a crime.

Accomplice

This form of liability is not possible when one of the parties to the crime is protected by applicable statue.

Accomplice liability

The ________ element of solicitation occurs when another person entices, advises, incites, orders, or otherwise encourages another to commit a crime.

Actus reus

Which of the following is Latin for "an evil act"?

Actus reus

In which state(s) is euthanasia illegal?

All 50 states

The actus reus for accomplice liability is, at its most basic level, assistance. Which is NOT a means by which assistance is typically provided?

Assistance by intent

Which crime is the taking of another person's occupied motor vehicle by use of a deadly weapon and/or force or intimidation?

Carjacking

The ________ doctrine states that a nonaggressor is not required to retreat from his or her home if attacked.

Castle

This is a criminal offense committed with the use of a computer or other electronic device.

Cybercrime

This defense is an excuse defense that is applicable when the defendant is forced to commit a crime by threat or force.

Duress

Obtaining the property of another through fraud or deception is known as the crime of ________.

False pretenses

A system of government where power is constitutionally divided between a central governing body and various constituent units is known as ________.

Federalism

According to federal law, this offense is defined as "a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose."

Harassment

When did common law typically define end of life?

Heart stops beating

The killing of a human being by another human being is known as ________.

Homicide

Intangible property that can be protected under federal law, such as copyrights, patents, and trademarks are known as ________.

Intellectual property

What is the mens rea of attempt?

Intent to commit the underlying crime

Self-defense is an example of a(n) ________ defense.

Justification

This U.S. Supreme Court case determined that the death penalty is not permitted for the rape of a juvenile.

Kennedy v. Louisiana

Which of the following is a reason for excuse defenses?

Lack of deterrence

________ evidence is evidence that is relevant and goes to substantial matters in dispute, or has legitimate influence or bearing on the decision of the case.

Material

What is the unlawful killing of another person with malice aforethought?

Murder

This is a voluntary action taken by the defendant in furtherance of the crime of conspiracy.

Overt act

At common law, this person is the primary criminal actor.

Principal in the first degree

________ advocates rebellion against the government.

Seditious speech

A strict liability crime in which the defendant has sexual intercourse with a minor under the age of consent.

Statutory Rape.

The ________ test states the law must be "narrowly tailored" to serve a "compelling" government interest.

Strict Scrutiny

For a duress defense to most likely succeed, the alleged threat must have been directed at whom?

The defendant or the defendant's family member(s)

Which of the following is the subjective component of self-defense?

The defendant's belief that he or she was justified under the circumstances

In New York, a person is guilty of arson in the ________ when he intentionally damages a building or motor vehicle by starting a fire or causing an explosion.

Third degree

Which of the following is a private wrong or injury, where the victim can initiate a civil lawsuit to compensate for their injuries?

Tort

What is the imposition of liability on one person for the actionable conduct of another, based solely on a relationship between the two persons?

Vicarious liability

Which of the following is a common law rule stating that a person could not be prosecuted for homicide unless the victim died within a year and a day of the act that was responsible for the fatal injury?

Year-and-a-Day Rule

Temporal concurrence means that the ________ must accompany the ________ in time.

Mens rea; Actus reus

The requirement that the defendant is responsible for the harm in result crimes is known as ________.

Causation

Which offenses are considered domestic offenses?

Child abuse and domestic violence

What is the intent to commit a wrongful act without a legitimate cause or excuse

Malice

This offense is when the defendant is in possession of a weapon while committing the crime of robbery.

Armed robbery

The offense of ________ is the most serious crime involving property damage.

Arson

This U.S. Supreme Court case determined that a mentally retarded convicted defendant cannot be executed.

Atkins v. Virginia

Specific to embezzlement, this is the person to whom goods or property are entrusted.

Bailee

A ______ is a crime punishable by death or confinement in prison for more than 12 months

Felony

The crime of ________ occurs when a death results during the commission of an inherently dangerous felony.

Felony murder

Causing the death of a fetus is known as ________.

Feticide

Which Amendment to the U.S. Constitution addresses the issue of double jeopardy?

Fifth

The decision as to whether a first-degree murderer will be sentenced to death is usually made by the ________ in a post-trial hearing.

Jury

A ________ is a crime punishable by a fine or a period of incarceration of less than 12 months. Felony

Misdemeanor

This type of concurrence states that the mens rea must be linked to the actus reus it is intended to accompany.

Motivational

What is the mens rea of arson under the Model Penal Code?

Purpose

The appellate stage of the criminal process occurs ________ adjudication.

Simultaneously with

The ________ Amendment states, in part, that the "accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state."

Sixth

Which of the following is a modern advancement in rape laws?

The martial rape exception was abolished.

The process of examining potential jurors for bias is known as ________.

The process of examining potential jurors for bias is known as ________.

Which constitutes the mens rea of robbery?

The taking

A(n) ________ is a person who helps the principal after the criminal event takes place.

Accessory after the fact

The stand your ground law is in direct opposition to which general requirement, for a successful claim of self-defense?

Absence of alternatives

If a defendant is charged with being an accomplice, to succeed at this defense the individual must notify the principal and neutralize the effects of any assistance offered to that point.

Abandonment defense

This defense to conspiracy provides that a conspiracy cannot occur when two persons are required for the commission of a crime.

Wharton's Rule

Common law larceny consisted of four distinct elements. Which element identifies the mens rea of larceny?

With intent to permanently deprive the owner/professor of the property

This is a type of criminal offense that can be charged as either a misdemeanor or felony depending on the circumstances.

Wobbler

Which of the following is a defense based on physiology?

XYY chromosome defense