Criminal Justice Chapters 1-END
According to the ___, a defendant will be held criminally liable for a death if the other elements of criminal homicide are met, and if without the defendant's conduct the victim would not have died at that point of time
"but for" test
A _____ may have substantial value, but it could be difficult to identify the owner.
$20 bill
Currently, federal law prohibits the interstate and foreign transportation of obscene materials
All of the answers are correct.
United States v. Contento-Pachon is a classic _______ case.
Duress
The mens rea of conspiracy is the act of reaching an agreement.
F
_____ are criminal acts that are detected and punished before the ultimate or intended crime actually occurs.
Inchoate crimes
Which of the following is a characteristic of a criminal street gang?
It has an identifiable name or identifying sign or symbol.
Which of the following statements is true of the Sherman-Sorrells test?
It helps many jurisdictions determine whether an entrapment has occurred.
The only location in the United States where prostitution and gambling are legal is
Las Vegas, NV.
_____ is categorized by federal law as a Schedule I drug.
Marijuana
To establish premeditation and deliberation, many modern courts require
a reasonable period of time of deliberation
When a member of a crime organization uses the threat of violence to get someone to do something for the group, it is called _____.
a shakedown
The time limit imposed by the year-and-a-day rule is a(n) ___ of criminal liability
absolute rule
When a defendant admits to the existence of all of the necessary legal elements for criminal liability but offers one or more legally recognized reasons why he or she should nonetheless be acquitted, it is called
affirmative defense.
Which of the following is defined as an assault with intent to kill, rob, or rape, or assault with specified deadly weapons?
aggravated assault
If two people shoot a victim and hit the victim's vital organs simultaneously, _____.
both can be viewed as the cause-in-fact
A person's unpremeditated presence at a crime scene in order to provide assistance
does not establish liability if that person is never called upon for assistance.
In the debate to decriminalize victimless crimes, _____ is NOT included.
driving under the influence (DUI)
Over time, the courts have held that _____ encompasses the multiple procedures and processes that must be followed before a person can be legally deprived of his or her life, liberty, or property.
due process
The Harrison Narcotics Act was enacted to
ensure that only people with proper registration were allowed to sell narcotics.
A slight intrusion or entry into a vehicle by a body part or instrument is insufficient to constitute burglary.
f
Regarding the defense of habitation, nearly all jurisdictions allow the use of deadly force only when an actor believes that an intruder intends to injure the actor or another occupant and deadly force is necessary to repel the intrusion.
f
A common example of a mala prohibita crime is
gambling.
To be convicted of constructive possession, the accused
must be in a position to move the illegal substance from one place or another.
In Weems v. United States, the Supreme Court, in a noncapital case, found implicit in the concept of cruel and unusual punishment the principle of
proportionality.
Gang legislation
provides additional penalties for gang members convicted of crimes.
Which of the following is an important aspect of crime?
punishment
A(n) _____ is an attempted riot.
rout
Which of the following is NOT an element of adultery?
sexual intercourse where at least one party is not married
A _____ is defined as a substance representing a controlled substance in its nature, packaging, or appearance, which would lead a reasonable person to believe it to be a controlled substance.
simulated controlled substance
There must be the _____ to be convicted of possession of burglar's tools.
specific intent to burglarize
A(n) is NOT an example of a homicide
suicide performed by a terminally ill patient
Child abuse often takes place in the home.
t
Motive is important as a matter of proof because
it may help to identify the perpetrator of a crime or explain why a suspect may have acted in a particular way.
_____ has NOT been found to be unconstitutional.
A federal statute that provides that murdering a "federal egg inspector" can be a "capital crime"
_____ did NOT occur in speakeasies.
Activism
Identify a true statement about the actus reus of accomplice liability.
Actus reus of accomplice liability requires a contribution to the commission of a crime either through some affirmative act or by an omission.
_____ is a felony in most jurisdictions.
Aggravated assault
A defendant must prove the _____ in order to be acquitted of a crime because of self-defense.
All of the answers are correct.
A person commits forgery when he or she makes or utters a written instrument in such a manner that it purports that the document
All of the answers are correct.
Breach of the peace offenses includes
All of the answers are correct.
Child abuse can include
All of the answers are correct.
Chinese gangs in the United States usually
All of the answers are correct.
Critics of RICO claim that
All of the answers are correct.
Federal and state governments have enacted laws that make it a criminal offense to _____ obscene material.
All of the answers are correct.
From a biochemical standpoint, psychoactive drugs can alter
All of the answers are correct.
In the context of larceny, the owner of a stolen property must be able to positively identify the property as his or hers by
All of the answers are correct.
Legal encouragement by the police as agent provocateurs could include
All of the answers are correct.
Situations that can diminish a person's criminal responsibility include
All of the answers are correct.
The _____ is an element of battery.
All of the answers are correct.
The sources of procedural criminal law include Article I of the U.S. Constitution and
All of the answers are correct.
Under the due process clause of the Fourteenth Amendment, criminal statutes must NOT be
All of the answers are correct.
Vengeance, a hallmark of the utilitarian theory of punishment, can be seen as a beneficial consequence because it satisfies
All of the answers are correct.
_____ are defined as assault weapons.
All of the answers are correct.
Which of the following terms is defined as the illegal driving of someone else's automobile without permission, but with no intent to deprive the owner of it permanently?
joyriding
A(n) _____ is defined as a defense that, because of the circumstances, renders criminal conduct lawful and therefore exempts the actor from criminal sanctions.
justification
The Model Penal Code's (MPC's) version of the necessity defense applies only to situations where an actor
kills a person to save several others.
In most states, in order to prove the crime of cultivating, drying, or processing marijuana, the prosecution must prove that the defendant
knew plants were growing on his or her property.
Which of the following is an example of a specific intent crime?
larceny
The _____, established in the English case of Regina v. Eagleton, is no longer utilized because most lawmakers believe that a person does not have to take the very last step to be criminally culpable.
last act test
Under modern law, bribery forbids not just the results of influencing a public official, but also the act itself, whether the attempt to bribe is successful or not. In addition, the Model Penal Code (MPC) forbids
law enforcement and public officials to receive gifts from individuals subject to their jurisdiction.
Which of the following is NOT one of the behaviors covered by the crime of disorderly conduct?
leading an unlawful assembly
According to the U.S. Supreme Court, the right to _____ has been recognized as an area protected by the right of privacy.
live without unwarranted interference
The crime of _____ is the practice of lending money at excessive rates and using threats or extortion to enforce repayment.
loan sharking
Restorative justice techniques do NOT include
longer incarceration.
Many states' modern criminal laws are codifications of the common law crimes, and when there is a question of statutory meaning, the courts
look to the common law definitions to help in understanding the term in question.
The U.S. Constitution does NOT explicitly enumerate _____ as a crime.
mail fraud
Give three examples of inherently dangerous felonies that are listed in your text
Arson rape kidnapping
Which of the following is true of the objective test of the Model Penal Code (MPC) to determine whether an entrapment defense is valid?
It asks whether an officer or agent "employ[ed] methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it."
Identify a true statement about the diminished capacity defense.
It is used as a true partial responsibility defense in some states and is limited to use as a basis for mitigating an offense from murder to manslaughter.
Which of the following statements is true of the Marijuana Tax Act of 1937?
It penalized the use and distribution of cannabis.
Which of the following statements is true about modern sodomy?
It primarily involves the penetration of the anus or mouth of one person by the penis of another.
Which of the following statements is true of the Fourth Amendment to the U.S. Constitution?
It prohibits unreasonable searches and seizures of persons, houses, and effects.
Which of the following is NOT a characteristic of perjury?
It requires accepting or soliciting of illegal payments by a public official.
Much of the reform of English and American criminal law was influenced by
Jeremy Bentham.
For a defendant to be criminally culpable of assault, he or she only needs to take some action like
making a fist and waving the arm while walking toward a victim.
Identify a true statement about the crime of perjury.
Materiality is a major aspect of perjury, and most jurisdictions require that a matter in which an oath is required by law be material.
Which of the following statements is true of the indispensable element test?
The focus is on whether an actor has the needed instruments to carry out an offense.
Name the three circumstances in which murder in the first degree is committed
an intentional killing aggravated by premeditation and deliberationan unintentional killing committed by poison, torture, ambush, or bomba killing occurring during the commission of specifically enumerated or inherently dangerous felonies
Which of the following statements is true of habeas corpus as a post-conviction relief procedure?
This petition is brought by a prisoner who has exhausted all of the usual appellate remedies.
_____ is NOT a form of child neglect.
Throwing an object at a child
Some states apply _____ to determine whether a dwelling is occupied.
a sleep test
Under the MPC, the intent requirement can be met even though a defendant may not have desired or wanted a particular result, if it can be shown that the defendant acted with
a substantial certainty that a certain result would occur.
According to the Model Penal Code (MPC) provisions, an officer or private citizen may not use deadly force to prevent the commission of a crime unless he or she believes that there is
a substantial risk that the suspect will cause death or serious bodily injury to another person unless prevented from doing so and the use of deadly force presents no substantial risk to bystanders.
Under the Model Penal Code (MPC), accomplice liability rests on
accountability.
Unauthorized use of a motor vehicle does NOT require that the _____.
actor use an instrumentality
Many states divide murder into degrees based on
all of the answers are correct
The common law felony murder rule created murder liability for all deaths that occurred as a result of the felony participant's ___ the felony
all of the answers are correct
The various types and degrees of homicide include
all of the answers are correct
Under the common law rule, which still exists in some jurisdictions, a provocation defense required the accused to show that
all of the answers are correct
Which of the following is a stage of fetal development that determines the type of fetal homicide?
all of the answers are correct
An argument against the abandonment defense is that it
allows an actor to undo criminal plans by renunciation and avoid punishment, a possibility that may encourage persons to take preliminary steps toward a crime.
The utilitarian legal philosopher Jeremy Bentham reorganized the law of crimes according to the
amount of social harm they caused.
In general, the term obstruction of justice can be defined as
an act by which one or more persons attempt to or actually prevent the execution of a lawful process.
Name the five elements of criminal homicide
an act or omissionthat causes deathof another human beingwith criminally culpable mens reawithout lawful justification or excuse
Subject to retreat provisions, the Model Penal Code (MPC) establishes that for the defense of another to be asserted in situations involving third-party protection, _____.
an actor must believe that his or her action was necessary for the protection of the third person
An excuse defense is one in which
an actor's conduct is criminal but the actor is not held morally or legally culpable.
In order to establish _____, the Model Penal Code (MPC) requires a person to act with the purpose of promoting or facilitating a crime in order to be held liable as an accomplice by an act of omission.
an actus reus
A defendant who may be sentenced to more than six months in jail or prison is entitled to
an attorney.
Courts examine acts of commercial bribery under the Sherman Act to determine whether commercial bribery may be
an illegal action in restraint of trade.
Generally, the criminal law seeks to sanction only those persons who voluntarily commit
an unlawful act (actus reus) accompanied by the appropriate guilty mental state (mens rea) without involving an excuse or a justification.
Which of the following is NOT a type of obstruction of justice?
any misleading or false statements to the press regarding one's guilt or innocence
Additional criminal acts committed during the commission of a planned crime will be considered a natural and foreseeable consequence if they
are necessary to accomplish the original criminal goal.
According to the U.S. Supreme Court, the right of privacy includes the right to
be free from unwanted publicity.
A person could be an accomplice to a crime through many actions that help or promote the crime's commission, including
being a lookout during the criminal act.
Which of the following is an example of emotional maltreatment?
berating a child for his or her appearance
A special legislative enactment that declares a person or group of persons guilty of a crime and subject to punishment without trial is known as a(n) _____.
bill of attainder
The crime of _____ occurs when customers use bookies to illegally place bets on horse and dog races, professional sporting competitions, and other events.
bookmaking
In general, the exploitation of public power for personal gain defines the modern concept of
bribery
In general, rape is sexual intercourse by a male defendant with a female victim that is committed
by means of some specific forms of deception.
A(n) _____ is NOT an example of an inner door.
cabana door
An example of _____ is the use of profane language toward an officer of the court.
direct contempt
In many states, a conviction for simple possession of a controlled substance
does not require possession of any minimum amount of the drug.
Alcohol is most often associated with the offense of
driving under the influence.
In those jurisdictions where the requirement of "breaking" remains, _____ does NOT constitute breaking.
entering an open door of someone else's home
Some recent cases have interpreted escape statutes to exclude inmates who
escape custody as the result of reasonable fears for their safety while incarcerated.
The defense of _____ is defined as a defense in which a person, faced with a choice between two courses of action, chooses the lesser of evils, as long as the harm produced is less than the harm that would have occurred without the action.
necessity
Liability as an accomplice does not extend to negligent and reckless conduct on the part of a primary actor that results in a criminal offense.
f
Malice aforethought is a special legal term that refers to the actus reus element of murder at common law
f
Misdemeanors are often offenses that violate the public welfare.
f
Mitigating defenses can reduce murder charges to an acquittal
f
Most jurisdictions will allow convictions for nonproxyable crimes.
f
Most states do not prohibit the transportation of a controlled substance in a vehicle.
f
Most states, under the influence of the Model Penal Code (MPC), have adopted an act-at-peril rule in which an actor can make the defense of others claim as long as he or she uses force based on what reasonably appears necessary.
f
None of the states holds a private citizen liable for the death of a victim if the citizen mistakenly uses deadly force
f
Numerous judicial decisions hold that a person is criminally liable when he or she stands by and does nothing to help someone else in jeopardy.
f
One of the basic principles of Anglo-American criminal law is that the law does not punish people for their actions.
f
Parole is the suspension of a sentence of incarceration, allowing the offender to return to the community with conditions under the supervision of a probation officer.
f
Parole supervision is similar to probation supervision in that both are agencies of the state correctional system rather than the court system.
f
Public exposure may occur only on public property.
f
Public order and safety offenses are designed to protect the general public by dealing with behavior that is morally wrong.
f
Punishment is meted out exclusively through the criminal justice system or the law.
f
Rape is a specific intent offense.
f
Resisting arrest is not considered a crime in most states.
f
Robbery differs from larceny from a person in that larceny from a person requires the additional element of taking by fear or force.
f
Solicitation is defined as the unlawful sexual intercourse that is consensual by both parties and is committed under circumstances not constituting adultery.
f
The MPC and statutes in a number of states specify that an individual has the right to use force in resisting a law enforcement officer who is making an arrest.
f
The MPC classifies an entry into a public place as a burglary. Group starts
f
The MPC contains several provisions relating to fornication and adultery.
f
The National Crime Victimization Survery (NCVS) reports statistics of sexual assault victims of all ages.
f
The Supreme Court has ruled that the death penalty cannot be imposed upon a defendant who was less than 18 years old at the time of the killing offense.
f
The U.S. Constitution defines only one crime—murder.
f
The element of theft requiring that a perpetrator have the intent to permanently deprive an owner is an element of embezzlement.
f
The general intent requirement for attempted crimes makes sense because the concept of attempt encompasses the idea that a person is trying to commit a specific act.
f
The money received through illegal activities such as drug sales and gambling is known as laundered money.
f
The penalties for taking property from the person of another are usually lesser than those provided for simple larceny.
f
The principal difference between pimping and pandering is that a panderer solicits patrons for the prostitute and lives off her earnings, whereas a pimp recruits prostitutes and sets them up in business.
f
Under common law definitions and the current laws of many states, express malice occurs when an actor causes death . without intending to kill
f
Under common law, kidnapping was a serious major felony.
f
Under common law, the physical impossibility of accomplishing a crime frequently prevents conviction.
f
Under federal sentencing laws, a defendant convicted of contempt may be given additional prison time if the prosecutor can prove that he or she is a serious gang member.
f
Under modern American law, both suicide and attempted suicide are crimes
f
When Voters in California modified the three strikes rule in 2012 to restrict its coverage and to introduce more flexibility in its application; the change did not apply to offenders retroactively.
f
With the end of the era of Prohibition in 1933, organized crime ended.
f
Which of the following is an element of hit and run?
failure to render assistance to any persons injured
The Sixth Amendment and the due process clauses of the Fifth and Fourteenth Amendments require that the law provide
fair notice of the charges.
The crime of _____ is said to exist as a necessary and important aid to law enforcement because secret enterprises threaten society and are extremely difficult to detect.
conspiracy
The relationship between a defendant and the stolen goods when it is reasonable to treat the extent of the defendant's dominion and control over the property as if it were actual possession is called _____ possession.
constructive
An example of _____ is the failure to comply with a judicial order.
constructive contempt
In the case of felonies, a law enforcement officer only needs reasonable suspicion to believe that a person has committed a crime before he or she may arrest the suspect.
false
There are at least eight bases for a defendant's pretrial motion to dismiss.
false
In the context of mens rea of accomplice liability, a few jurisdictions address the distinction between purpose and knowledge by making mere knowledge a crime with a lesser penalty than the penalty for one who aids with specific purpose. This crime is called _____.
criminal facilitation
Criminal law is distinguished from all other law because
criminal law seeks to regulate acts that are contrary to the community interest of the social or government unit.
Although modern criminal law is essentially statutory, the role of the courts is still required because
criminal statutes often contain vague or general language that requires courts to interpret a statute's meaning when applied to a particular case
Whether the accused ___ should NOT be considered when jurors evaluate prior calculation and design in a first-degree murder
had any history of mental illness
Courts generally hold that a "finder" has an obligation to give an item back to the owner if the item
has substantial value.
When it comes to anti-loitering statutes, American courts
have found these laws to be unconstitutionally vague as they fail to specify a standard of conduct.
One circumstance in which a defendant claiming the intoxication defense, even when he or she voluntarily became intoxicated, can be acquitted is if
he or she did not have the specific state of mind that is required to be criminally culpable for the crime.
Suppressing evidence occurs when a defendant, or a person working on behalf of the defendant, _____ evidence relevant to a grand jury investigation.
hides
___ cannot be used to justify a reduction of a charge from murder to manslaughter
implied malice
The _____ distinguishes criminal law from other law.
imposition of punishment for its violation
Gambling is NOT legal
in San Francisco, CA.
In general, it is accepted that lethal force is justified
in the defense of human life
Which of the following terms is defined as the removal or restriction of freedom of those who have violated criminal laws, usually by imprisonment?
incapacitation
When a grand jury charges a person with a crime, it does so by issuing a(n)
indictment.
Under the _____, a suspect who has not yet gained control over a necessary instrumentality of a criminal plan cannot be guilty of attempt.
indispensable element test
The effect that the imposition of punishment on the wrongdoer will have in causing him or her to refrain from repeating the act is called
individual deterrence.
In criminal law, voluntary intoxication
is no defense against crimes of general intent.
Feticide differs from legal abortions in that feticide
is performed on a viable fetus and the mother's health should not be at risk
To prove a RICO violation, the occurrence of which of the following prohibited acts does NOT need to be shown by the government?
neglecting or refusing to report evidence of the racketeering activity of others to law enforcement
__ is defined as a criminal homicide committed by a person who has neglected to exercise the degree of care that an ordinary person would have exercised under the same circumstances
negligent homicide
Which of the following can be defined as a crime that can be performed only by the person himself or herself and not through an agent?
nonproxyable offense
Which of the following is NOT a lawful form of gambling in most jurisdictions?
numbers
The nexus requirement holds that an act that is considered _____ must have some relationship to the act of justice that the defendant is seeking to avoid.
obstruction of justice
The charge of actual possession means the controlled substance is recovered
on the defendant's person.
The simplest retributive justification is that
one who has violated the rights of others should be penalized.
Which of the following terms is defined as the release of an offender from incarceration prior to the expiration of the full term of incarceration, to carry out the rest of the sentence with conditions under the supervision of a corrections officer?
parole
The simplest retributive justification is that one who has violated the rights of others should be
penalized.
Which of the following is NOT one of the three elements needed to prove subornation of perjury?
perjured statements created by the suborner
Under the _____, the perpetrator need not have advanced so far as the last act and an attempt has not been committed unless the accused has the immediate power to actually carry through with the crime at the time the police intervene.
physical proximity test
In the context of the free exercise of religion granted by the First Amendment, religious freedom claims have been rejected in upholding criminal convictions for
polygamy.
A person is an accomplice if he or she
possesses an intent to support or encourage the commission of a crime
Because of the stiffer penalties imposed for possession with intent, many states forbid the inference of intent to deliver on the basis of
possession of a controlled substance.
For states following the common law definition of nighttime, the _____ is NOT important in establishing whether or not it is nighttime.
presence of streetlights or building lights
An excuse does NOT allow a principal to escape liability because the
principal is not responsible because he or she did not commit the actus reus.
A person cannot be convicted of a crime unless the prosecution proves beyond a reasonable doubt a concurrence of a voluntary act and the required mental state that actually and proximately caused the prohibited social harm.
t
A person is guilty of crimes co-conspirators commit in furtherance of the conspiracy.
t
A person need not be in actual physical control of stolen property to be guilty of receiving it as long as he or she has constructive possession.
t
A typical organized crime structure can be compared to that of any type of legitimate business or organization.
t
Accomplice liability does not constitute an independent criminal offense.
t
According to historians and archaeologists, marijuana and the opium poppy have been used as intoxicants and in rituals in many societies for thousands of years.
t
According to the retributive rationale for punishment, criminals deserve punishment because they violate social norms.
t
Almost every ethnic group in America contains organized crime syndicates.
t
Although mere words are usually not enough to charge a person with assault, words accompanied by some movement may be sufficient.
t
An actus reus is any act or omission containing the ingredients of causation and social harm.
t
An essential element distinguishing murder from manslaughter is malice aforethought
t
An object becomes abandoned property when the person who owns it voluntarily gives up permanent possession or ownership of it, such as by throwing it away.
t
At common law, anyone who procured the making of false statements or intentionally caused another to cause perjury could be charged with the crime of subornation of perjury.
t
At common law, if a false statement did not take place in a judicial proceeding, it was considered a false swearing, which was only a misdemeanor.
t
At common law, the felonies of arson and burglary developed to provide special protection and security to people's dwellings.
t
Breaking and entering is very similar to burglary, except it is lacking one element—the specific intent to commit a theft or felony inside the structure.
t
Constructive presence of a person is satisfied if the individual is within the vicinity of a crime and is able to assist a primary actor if necessary.
t
Courts have determined that complications such as medical malpractice and the intervening criminal acts of others are foreseeable consequences of subjecting an innocent victim to injury
t
Criminal liability requires a concurrence of the actus reus and the mens rea.
t
Dram shop acts are legislative acts that impose strict liability on the seller of intoxicating beverages when the sale results in harm to a third party's person, property, or means of support.
t
Due to stiffer penalties imposed for possession with intent offenses, many states forbid the inference of intent to deliver merely on the basis of possession of a controlled substance.
t
Elder abuse, which is the abuse, neglect, or financial exploitation of elderly persons, usually occurs in the home.
t
Escape occurs when a person who is lawfully imprisoned leaves custody before he or she is entitled to freedom by due process of law.
t
Freedom of religion and freedom of speech are sometimes grouped together and referred to as "freedom of expression."
t
In any jurisdiction where feticide is not defined as homicide, the terms criminal abortion and feticide can be used interchangeably.
t
In order for a defendant to be held criminally responsible for causing the death of another human being, the victim must be alive at the time of the defendant's actions
t
In the context of drug-related offenses, possessing drug paraphernalia is a crime without possession of the illegal substance itself.
t
In virtually all cases, courts will find felony murder liability if death was a foreseeable outcome in carrying out the felony
t
Inchoate crimes also have actus reus and mens rea requirements.
t
It is critical that rape victims do not shower until they have been properly examined by medical personnel.
t
It is important to note that the offense of prostitution does not consist of the sexual act itself; rather, it is the agreement to participate in sexual activity for compensation.
t
Law is a rule of conduct or procedure established by custom, agreement, or authority.
t
Malice aforethought is not a single state of mind, but five distinct states of mind that sometimes overlap
t
Many jurisdictions have eliminated the burglary requirement of a breaking, and others have changed their statutes to read "breaking or entering."
t
Many people involved in the loan sharking business have no connection to organized crime.
t
Mechanical devices such as warning alarms or electric fences may be used if they are reasonable and give adequate warning to an intruder that they exist.
t
Megan's Law requires community notification by authorities when a convicted sex offender is released from prison.
t
Narcotics addiction is the repeated or uncontrolled use of controlled substances.
t
Necessity is a choice of evils created by natural threats or physical circumstances, whereas duress is a choice of evils created by human threats.
t
No matter how much motive exists and can be shown, there is no culpability unless there is proof of the criminal actor's purpose to achieve the desired result.
t
One way that second-degree murder can be elevated to first-degree murder is by premeditation and deliberation, which implies a cold-blooded killer who plans and plots to end the life of another
t
People commit terrorist acts for all types of reasons, including political, religious, and social beliefs.
t
Proximate cause is that cause, from among all of the causes-in-fact that may exist, that is the legally defined cause of a social harm.
t
Public policy has always favored prosecuting all violations, and therefore a single individual should not have the sole right to overlook the harm done to society as a whole.
t
Punishment is relative.
t
Quasi-bribery has the same essential effect as standard bribery, but its recipients are private citizens.
t
Self-defense is universally recognized in American criminal law.
t
Solicitation exists if the crime solicited has not been completed, attempted, or agreed to.
t
Some jurisdictions refuse to extend accomplice liability to those who encourage negligent or reckless behavior because there is no intent for the criminal outcome.
t
Some public morality offenses, such as prostitution and gambling, are geographically restricted to certain areas of the United States.
t
Some states still punish sodomy even when it is a consensual act between adults in a private setting.
t
Southern and Western states, with the exception of California, tend to regulate the carrying of concealed weapons but otherwise have few restrictions.
t
Spousal abusers are often drunk at the time of their offenses.
t
The blood alcohol content (BAC) level that determines when a driver is legally drunk is almost uniform across the United States at 0.08 percent.
t
The crime of false pretenses deals with an owner being tricked by misrepresentation into voluntarily transferring title to the property.
t
The current trend in criminal law is to reduce rather than increase the age at which children can be held criminally responsible.
t
The distinction between robbery and extortion is that robbery is committed by a threat to do immediate bodily harm, whereas extortion is committed by a threat to do harm in the future.
t
The doctrine of innocent instrumentality runs into technical problems when a statute only applies to a certain class of people by definition.
t
The effect of the U.S. Supreme Court case Furman v. Georgia was an informal moratorium on the death penalty until the execution of Gary Gilmore in 1977.
t
The fundamental structure of the American criminal justice system consists of law enforcement agencies, prosecution and defense attorneys, courts, and correctional institutions and agencies.
t
The salient issue in the impossibility defense is whether the law should punish a person who has attempted to do what was not possible under the existing circumstances.
t
To commit an entry for purposes of burglary, the defendant does not have to physically enter a structure.
t
To constitute larceny from a person, property that is "on" a person must be actually on the person, attached to the person, or held or carried by the person.
t
To remedy confusion about different types of theft, many states eliminated former common law distinctions and created a single term to cover everything.
t
Today, many modern street gangs are involved in criminal activity.
t
Typical federal and state gun control statutes impose licensing requirements such as background checks and waiting periods.
t
Under common law, an accomplice could not be convicted of a crime unless the primary actor was also convicted.
t
Under common law, burglary was viewed as a forcible invasion and disturbance of a person's right of habitation and was likely to be punished by death.
t
Under modern law, an attempt to commit a substantive crime is classified as a lesser crime than the target or object offense.
t
Under most state laws, a conviction will not result from situations in which a defendant has a white powdery substance on his or her person but honestly believes it to be sugar even though it is cocaine.
t
Under the Brady Bill, criminal offenses committed with a firearm carry more severe penalties than those committed without one.
t
Under the MPC, it is a crime to make a false report to law enforcement with the purpose of implicating another.
t
Use of deadly force by a private citizen is more restricted than for police officers, in part to prevent vigilantism.
t
Voluntary manslaughter is an intentional, unlawful killing of a human being without malice aforethought
t
a question about January 1st and California modifying the Felony rule
t
Larceny from a person differs from robbery in that robbery requires the additional element of
taking by fear or force.
Joyriding is the unlawful _____ of a motor vehicle without the consent of the owner.
taking, using, or operating
Which of the following is NOT one of the special rights and protections that the U.S. Constitution affords to those accused of crimes?
the First Amendment's right to freedom of expression that gives a defendant the right to tell his or her version of events in a public courtroom
Which of the following is a federal act that prohibits the knowing transportation in interstate or foreign commerce of any individual, male or female, with the intent that such individuals engage in prostitution or in any sexual activity?
the Mann Act
Even under the most comprehensive definitions of modern burglary, the offense does NOT include
the event happening in the nighttime.
There is a direct correlation between the development of laws that criminalize a particular type of organized criminal behavior or activity and
the expansion of criminal enterprises.
The Model Penal Code (MPC) provides that an individual can use nondeadly force to protect his or her property if
the force is immediately necessary to protect the property.
The First Amendment provides that Congress shall make no law prohibiting
the free exercise of religion
Which of the following was the goal of Jeremy Bentham's test for moral desirability of an act or social practice?
the greatest good for the greatest number
Which of the following tests for attempt liability requires that a perpetrator perform all of the steps that he or she believed necessary to commit an intended offense?
the last act test
Which of the following would NOT be considered by a prosecutor in deciding whether to charge an offense as a felony or a misdemeanor?
the neighborhood in which the perpetrator resides
Potential victims of felony murder do NOT include
the principal actor of the crime
According to the corpus delicti requirement, ___
the prosecution cannot use the defendant's statements or confession alone to prove that a crime has been committed
Which of the following is a justification for punishment based on the theory that a wrongdoer deserves punishment for punishment's sake?
the retributive justification
Identify a true statement about the felony murder rule
the rule applies as long as there was an intent to commit the felony and a death resulted
Both federal and state systems have, in general, set up two penal categories for controlled substances for offenses involving
the sale, distribution, and manufacture of controlled substances.
A reason for the ongoing disagreement regarding resisting unlawful arrests is that
the unlawfully arrested individual has many recourses or remedies post-arrest.
_____ is NOT a specialized extrinsic defense.
Abandonment
_____ is NOT a characteristic used to define the concept of "police powers" in the application of the First Amendment.
American citizens are authorized to commit slander at certain times when it is appropriate"
Which of the following statements is true of the natural and probable consequences doctrine?
An accomplice will be liable for additional crimes committed to achieve the actual crime contemplated by him or her.
Which of the following is a reason for which the criminal law holds an accomplice accountable for a criminal act to the same extent as a principal actor?
An accomplice willingly consents to the same liability.
_____ is one of the elements of the common law crime of extortion.
An unlawful fee collected under color of office
Which of the following is NOT a true statement about child molestation?
Child molesters rarely recidivate and often go on to lead noncriminal lives after incarceration.
_____ is defined as the breaking and entering, in the nighttime, of the mansion or dwelling house or curtilage of another, with the intent to commit a felony.
Common law burglary
_____ occurs when someone refuses to report or prosecute a felony in exchange for some benefit or reward of some value.
Compounding a felony
_____ can be a valid defense to a burglary charge in jurisdictions where a breaking is required, either under the common law rule or under a statute.
Consent
Which of the following is NOT true about organized crime syndicates such as the Mafia?
Crime syndicates are glamorous and honorable when compared to other criminal behavior.
_____ is defined as the artificially induced expulsion of a fetus by illegal means, such as spousal abuse.
Criminal abortion
_____ hold alcohol servers responsible for harm that intoxicated or underage patrons cause to other people.
Dram shop acts
Which of the following is an example of a designer drug?
Ecstasy
_____ is defined as the unlawful taking or misuse of property by persons, typically employees, who lawfully come into possession of the property and therefore do NOT meet the theft or larceny requirement of wrongfully obtaining the property.
Embezzlement
Identify a true statement about the crime of embezzlement.
Embezzlement is a statutory crime created to resolve common law inadequacies and involves a violation of trust.
When the United States gained independence, it rejected the common law of England.
False
Which of the following statements is most likely to be true of elder abuse?
Financial exploitation is a common form of elder abuse.
_____ is defined as the making or altering of a writing, with the purpose of deceiving or injuring, in such a way as to convey a false impression concerning its authenticity.
Forgery
n the 1972 case of _____, the U.S. Supreme Court examined the imposition of the death penalty in three cases and analyzed in detail the constitutional issues raised by capital punishment.
Furman v. Georgia
_____ is defined as a felony charge for thefts of property worth more than a statutorily determined amount of money (such as $1,000).
Grand theft
Under common law, what are the five types of legally sufficient provocation that the accused could claim for a successful "heat of passion" defense?
Harmful battery.Assault with intention to kill or at least seriously injure.The infidelity of a spouse.Serious injury done to a close relative.Because of a known, illegal arrest.
_____ is NOT recognized as involuntary intoxication.
Intoxication by addiction
_____ is the key element of embezzlement, just as taking is the key element of a larceny.
Misappropriation
_____ refers to the act of failing to report or prosecute a known felony and taking positive steps to conceal the crime.
Misprision of a felony
_____ is defined as the transfer of illegally obtained money through legitimate persons or accounts so that its original source cannot be traced.
Money laundering
After the law's failure to hold David Cash responsible in the heinous killing of Sherrice Iverson, what state immediately passed laws that would hold bystanders accountable if certain requirements were met?
Nevada
_____ is NOT an example of a religious freedom claim that was rejected by courts.
Practicing the Wiccan religion on U.S. Army bases
_____ is one of the four basic police functions.
Prevention
_____ are NOT a major category of crime.
Public order offenses
_____ is the mental state of intent that makes one liable as an accomplice.
Purpose
_____ traditionally involves extorting money from businesses by intimidation, violence, or other illegal methods.
Racketeering
_____ of an offender can be sought as a by-product of punishment so that he or she would no longer desire to commit crimes and will be a useful citizen.
Reform
In 1784, the English court first recognized the crime of attempt in the
Rex v. Scofield case.
Which of the following is categorized by federal law as a Schedule II drug?
Ritalin
_____ is defined as the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, with the intent to commit a felony or any theft therein.
Simple burglary
_____ is NOT a principle feature of indeterminate sentencing systems.
The U.S. and the state senate's interventions
What is the modern definition of kidnapping?
The act of seizing and taking away a person to hold the person prisoner to demand something from his or her family, employer, or government
A person who conspires to commit a number of crimes is guilty of only one conspiracy so long as:
The crimes are later abandoned
In which of the following cases can a defendant use the abuse defense?
The defendant tried to survive within a turbulent violent urban area.
In larceny cases, which of the following is NOT an evidence that a defendant possessed the specific intent to permanently deprive the owner of a property?
The defendant was in the habit of repeatedly taking and returning various items without warning.
_____ is part of the MPC's definition of burglary.
The entry of a building or occupied structure, or separately secured or occupied portion thereof
Which of the following is a basis for appeal of a criminal conviction on substantive grounds?
The jury was improperly instructed.
Identify a true statement about common law arson.
The law required that the burning be malicious and willful.
Which of the following is NOT a common reason why sexual abuse of children often goes undetected or unreported?
The molestation stops, so the child decides not to talk about it.
_____ is NOT an example of shoplifting.
Thefts of supplies from one's office
Identify a true statement about felonies.
They are divided into categories in order to show the severity of certain offenses.
According to the Controlled Substances Act of 1970, which of the following is a characteristic of Schedule I drugs?
They have great potential for abuse.
Which of the following is a characteristic of Chinese gangs in the United States?
They usually have between 25 and 50 members.
_____ is a hallmark of the utilitarian theory of punishment
Vengeance
In 1919, Congress passed the _____, which contained the enforcement procedures needed to implement prohibition.
Volstead Act
Generally, a state prisoner is only allowed to file one habeas corpus petition; in what situation can a petitioner file a second one or successive petitions?
When there is newly discovered evidence in the case or claims that involve new Supreme Court precedent that has been made retroactive to the state prisoner's case.
Racketeer Influenced and Corrupt Organizations Act (RICO) is NOT
a tool for states to successfully prosecute organized criminals when their activities are intrastate.
Although justification of a criminal act often is personal, some courts will allow a defense of justification to be raised by an accomplice
as well as by a principal.
The Eighth Amendment requirement of proportionality that the punishment inflicted for a criminal violation should not be grossly disproportionate to the crime committed affects the
assessment of the validity of terms of imprisonment.
___ is defined as a charge of murder with the maximum punishment of death, often called murder in the first degree
capital murder
A racketeering activity includes violating
certain specified provisions of either federal or state criminal statutes.
In the context of common law arson, for the burning of a dwelling to constitute arson, _____ of the wood, no matter how minor, was required.
charring
Courts may NOT cite or issue summonses to individuals for
civil disobedience in public places during a protest.
A reason many states have enacted their own legislation in addition to the RICO statutes is to
combat organized crime in their jurisdiction.
Which of the following is a criminal act?
committing an omission such as neglecting to take care of a sick child, leading to that child's death
The requirement for criminal liability that an accused performed a voluntary act accompanied by the required mental state that actually and proximately caused the prohibited social harm is known as a
concurrence of elements.
One essential characteristic that distinguishes criminal from civil wrongdoing in Anglo-American law is the
condemnation and stigma that accompanies the conviction of a crime.
Under the _____, a person is guilty of attempt when his or her conduct is very close to succeeding at a crime.
dangerous proximity test
Which of the following is an example of an involuntary condition that would exclude an actor from criminal liability?
deaths to others that occur while the actor is unconscious
Which of the following makes a defendant liable for a resulting social harm as they are largely foreseeable or related to the defendant's conduct?
dependent intervening causes
The purpose of making possessory offenses a crime is to
deter further criminal activity.
A problem with recognizing the right to prevent harm to another as a defense is
determining the category of persons who can be assisted and identifying situations in which the person defended did not have a legal right to act in self-defense.
The MPC provides that material is obscene if its predominant appeal is a shameful or morbid interest in _____.
excretion
The American Indian Religious Freedom Act Amendments _____.
exempted Native Americans from penalty under the federal Controlled Substances Act, as well as under any state statutes that criminalized peyote use
Since the Civil War, federal criminal law has
expanded to overlap areas that previously were within the exclusive province of the states.
With the rise of determinate sentencing systems and mandatory sentences, the prison population has
exploded.
A civil offense is prosecuted by government attorneys who represent the community as a whole.
f
A feticide can be defined as an abortion performed before viability is reached
f
A person may be convicted of conspiracy to commit a crime without an overt act in pursuance of that conspiracy proven to have been done by him or by a person with whom he conspired.
f
A person who uses an innocent agent to commit a crime is considered an accomplice, not a principal.
f
A rash of racially motivated church fires in the last few years led federal lawmakers in the 1990s to enact arson statutes that carry much greater civil, but not criminal, penalties.
f
A substantial movement of another person's property is required for a thief to exercise dominion and control over it.
f
All homicides are criminal
f
All states require that there be a lack of a lawful excuse for the possession of burglar's tools to be illegal.
f
An accessory after the fact is a person who intentionally counsels, solicits, or commands another in committing a criminal act.
f
An agreement by which a plaintiff or victim agrees to drop criminal and civil charges in exchange for money constitutes receiving a bribe.
f
As of June 2019, 20 states have approved adult-use cannabis.
f
Betting and wagering are used interchangeably, and they apply to all forms of gambling, including lotteries.
f
Bigamy is a specific intent crime.
f
California's Proposition 64, titled the Control, Regulate and Tax Adult Use of Marijuana Act allows 21-year-old adults to possess and use marijuana for recreational purposes but does not allow for the growing of marijuana for recreational purposes.
f
Congress has created several statutes that offer more lenient penalties when a perpetrator uses violence to carry out a political agenda.
f
Conspiracy, also known as renunciation, is an affirmative defense to the crime of attempt.
f
Entries with consent cannot be an element of burglary.
f
General deterrence is the effect that the imposition of punishment on the wrongdoer will have in causing him or her to refrain from repeating the act.
f
If a person who has committed a crime voluntarily later regrets the act, he or she will not be held equally responsible.
f
If an accused argues that he or she had abandoned the criminal enterprise and had not intended to actually commit the crime, he or can still be charged with and found guilty of attempt.
f
If one achieved entry through an open outer door with consent, breaking into an inner door of a building is not considered burglary.
f
In 1951, Congress passed the Marijuana Tax Act, which made marijuana legal and also added heroin to the list of medically useful drugs.
f
In United States v. Alvarez a majority of an en banc Fifth Circuit Court of Appeals concluded the smile and nod of the defendant, under the circumstances, was not sufficient evidence of his agreement to participate in the agreement.
f
In plea bargaining, a defense attorney will often attempt to reduce a misdemeanor to a felony when the option exists.
f
In special circumstances, state and federal agencies can legally enact or enforce criminal statutes that unnecessarily inhibit the substantive rights identified in the U.S. Constitution.
f
In the context of contempt of court, a criminal constructive contempt consists of the failure to do something ordered by the court for the benefit of another party to the proceedings.
f
In the context of the liberty granted by the First Amendment, all claims based on the free exercise of religion will exempt a defendant from criminal liability.
f
Intoxication results only from the ingestion of alcohol.
f
Typical criminal homicide motives do NOT include
fear
Receiving means acquiring goods or property that has been stolen, and a(n) _____ is a professional receiver of stolen property.
fence
The MPC does NOT include ___ as a category of criminal homicide
feticide
Once a defendant has been charged with a criminal offense, the prosecutor has the burden of producing evidence and proving beyond a reasonable doubt the existence of the _____ of criminal culpability.
five elements
Only after the _____ of committing a crime is a person liable for criminal punishment under Anglo-American law.
fourth stage
The effect that punishment of the offender will have in causing other people in the community to refrain from committing the same crime is called
general deterrence.
According to the text, the establishment of the American Law Institute (ALI) was a result of
general dissatisfaction with the American criminal law.
When assistance is not accepted, not needed, or does not help the perpetrator in committing a crime, it is known as
ineffectual assistance.
At common law, which of the following constitutes legally sufficient provocation for an accused to claim a heat of passion defense?
infidelity of a spouse
Punishment in the criminal justice system occurs when an agent of the government intentionally
inflicts pain on a convicted individual or otherwise causes him or her to suffer some consequence that is ordinarily considered to be unpleasant.
A(n) _____ is defined as an object, animal, or person who cannot be culpable under the law, such as an insane person or a child that is used by a principal to commit a crime.
innocent agent
Name the four mental states that are used under modern law to define malice aforethought
intent to killintent to inflict serious bodily injurya show of extreme reckless disregard for human lifethe commission of a felony that results in another's death.
A typical element of the crime of possession of burglar's tools is the
intent to use the tool in the commission of a burglary.
Criminal prosecution may be brought for various types of nuisances, such as _____.
interference with the uses to which property has been dedicated
Bosses of organized crime families are NOT selected depending on their
investment portfolio.
Which of the following terms is defined as a criminal homicide that encompasses a killing done without intent to kill, and without such indifference to human life as to constitute implied malice, as a result of criminally negligent conduct on the part of the defendant?
involuntary manslaughter
Although it is easy to see the moral reprehensibility of blackmail, the crime presents a legal paradox because blackmail
involves the threat to do something that the threatener has a legal right to do.
The common law in today's modern criminal justice system
is a predecessor of today's statutory criminal law.
Because of the origins of the crime of _____, it has outlived its purpose and is being gradually eliminated from American criminal law.
mayhem
The guilty mind requirement for the conviction of a crime is known as _____.
mens rea
___ is NOT an accurate definition of the behavior needed to be guilty of involuntary manslaughter
mere negligence
Modern law defines a _____ as a crime that is less serious than a felony and is usually punishable by fines, penalties, or incarceration of less than one year.
misdemeanor
The Money Laundering Control Act of 1986 (MLCA) was enacted in response to
money laundering that resulted from the booming cocaine trade of the 1980s.
The utilitarian justification is based on Jeremy Bentham's test for
moral desirability of an act or social practice.
According to the American Bar Association, _____ are abducted each year.
more than 300,000 children
In spite of double jeopardy violation claims made by critics of RICO, federal courts consistently uphold conviction on the grounds that
multiple offenses are valid as long as one element of the crime is different for each of the offenses.
The suspension of a sentence of incarceration, allowing an offender to return to the community with conditions set by the court, is known as
probation.
Substantive criminal law is enforced through
procedural criminal law
Pandering consists of
procuring a female for a place of prostitution or procuring a place for a prostitute to ply her trade.
The sanity of an accused cannot be determined by the _____ in the United States.
product test
The U.S. Supreme Court has interpreted the Eighth Amendment requirement of _____ to mean that the punishment inflicted for a criminal violation should not be grossly disproportionate to the crime committed.
proportionality
The right of the people to assemble publicly is NOT absolute because
public assembly may threaten public safety, peace, and order.
In the context of defenses to attempt, _____ exists when the law does not define the goal a defendant sought to achieve as criminal.
pure legal impossibility
The police should provide rape victims with various resources that can assist in his or her recovery, such as
rape survivor support groups.
A defendant who consciously disregards a substantial and unjustifiable risk that criminal harm will occur is acting
recklessly
Usually, voluntary intoxication constitutes _____ for mens rea purposes.
recklessness
As a by-product of punishment, _____ is sought so the offender will no longer desire to commit crimes and will be a productive citizen.
rehabilitation
Which of the following can be classified as an inherently dangerous felony?
residential burglary
Which of the following is defined as a process through which all the parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense and its implications for the future?
restorative justice
The distinction between extortion and robbery is that
robbery is committed by a threat to do immediate bodily harm, whereas extortion is committed by a threat to do harm in the future.
Few acts have created as much controversy throughout history as the act of _____, even when it applies only to consensual relations between adult humans.
sodomy
In most jurisdictions, the _____ must be present at the time of entry in order for the crime to be a burglary
specific intent to commit a crime
All criminal law is _____; that is, crimes are defined by the legislatures of the states and the federal government.
statutory law
An applicable example of the ___ is a drive-by shooting in which three perpetrators shoot the same victim. If medical records demonstrate that bullets from all three guns struck vital organs while the victim was still alive, each shooter may be held liable for causing the victim's death
substantial factor test
The Model Penal Code (MPC) provides that consent is a defense if
such consent negates an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining such an offense.
A bill of attainder is a legislative enactment that declares individuals or members of a group guilty of a crime and subject to punishment without a trial.
t
A defense can mean any set of identifiable conditions or circumstances that may prevent a conviction for an offense.
t
A meeting could begin as a lawful assembly but develop into an unlawful one.
t
A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes.
t
A person can be convicted of possession of burglar's tools even if he or she is nowhere near a structure to burglarize.
t
The U.S. Supreme Court has held that a right of privacy is NOT implicit in
the Second Amendment right to keep and bear arms.
The U.S. Supreme Court differs from organizations like the National Rifle Association in its interpretation of the Second Amendment because
the U.S. Supreme Court has held that this provision must be read in conjunction with the other clause of the Second Amendment referring to a "well regulated militia."
American law can be described by any of the following definitions except as
the ability to impose statutes upon those who commit crimes against Americans anywhere.
To determine whether an act caused a specific result, _____.
the accused person's act must be the cause-in-fact of the result
False imprisonment is
the act of unlawfully restraining a person so as to substantially interfere with his or her liberty.
An intent to commit a crime cannot be inferred from which of the following circumstances surrounding an entry?
the amount of cash a perpetrator is carrying
Abandonment is a valid defense when
the defendant has had a change of heart on his or her own because of a sincere belief that furtherance of the act is wrong.
The determination of a defendant's mental state at the time of the killing can sometimes be difficult to establish because
the defendant's state of mind can only be established by circumstantial evidence
Cases of "hybrid" legal impossibility occur when
the distinction between legal and factual impossibility fails.
Most businesses will give campaign contributions, gratuities, and entertainment of some sort to an entity hoping for some type of favors. However, it becomes bribery when
there is an agreement between the payer and the recipient that the briber expects "something for something."
The prosecution must prove beyond a reasonable doubt that an accused was the but-for cause of a social harm in order to hold him or her criminally responsible, unless
there were two independent causes that operated simultaneously, either of which could have caused the result.
Which of the following is NOT a technique that when used by a person to procure a genuine signature on a writing that has legal significance constitutes forgery?
threats
An intolerance for repeat offenders has resulted in _____, which impose sentences of 25-years-to-life for those convicted of certain serious offenses three different times.
three-strikes laws
Which of the following is the primary purpose of the crime of commercial bribery?
to influence an employee to breach his or her duty to the employer in order to give some undeserved or inappropriate benefit or information
According to the double jeopardy protections under the Fifth Amendment, the justice system cannot try a defendant twice for the same crime.
true
As of June, 2019 there has been a successful campaign to enact legislation that restricts access to abortions.
true
Legality holds that no one can be punished for an act that was not defined as criminal before the person did the act.
true
The court preparation function of police involves testifying at hearings and trial and presenting the evidence in an effort to convict the perpetrator.
true
The purpose of a preliminary hearing is for a judge to determine whether there is probable cause for the accused to answer to the crime charged.
true
A(n) _____ is a defense that, if proved, results in the acquittal of a defendant, even though the prosecutor has proved the defendant's guilt beyond a reasonable doubt.
true defense
A person who has been used as an innocent agent and can prove that a crime was committed _____ will NOT be held liable for a criminal offense.
under duress
The _____ is defined as a test that determines that an attempt has occurred when a person's conduct, standing alone, unambiguously manifests his or her criminal intent.
unequivocality test
Which of the following is an example of constructive entry?
using a hook to retrieve an item from inside a building
The _____ is best defined as a justification for punishment based on the theory that a social practice is desirable if it promotes the greatest good for the largest number of people
utilitarian justification
Imposition of punishment in the context of "an eye for an eye" is called
vengeance.
For the successful prosecution of rape, the common law did NOT require proof that the victim
was not married.
According to Illinois's kidnapping statute, which of the following does NOT constitute kidnapping?
when a person knowingly and substantially interferes with another person's liberty
Which of the following is NOT an example of the financial exploitation of elders?
when an elderly person leaves a substantial amount of money to a person in his or her will, but that person refuses to speak to the elderly person
Which of the following circumstances constitute murder in the first degree in numerous states?
when the person killed, was a police officer or prison guard
Which of the following is NOT a current guideline provided by the Court in determining whether material is obscene?
whether the content of isolated passages of a book, rather than the book as a whole, contributes to a general moral decline in society
To be convicted of obstruction of justice for the concealment of subpoenaed documents in a federal proceeding, the defendant must
willfully conceal or endeavor to conceal them from a grand jury.
When a crime requires a mens rea of specific intent, a person is culpable only if he or she voluntarily commits the underlying criminal act or acts
with the intent to achieve a particular result.
Which of the following terms is defined as laws that impose maximum penalties for certain crimes, such as particular sex offenses?
zero tolerance