Criminal Law Chapter 1-4

Under international law more than one country could have jurisdiction over the same crime

True

The federal government does not give inherent police power to create criminal law and is limited to the powers granted to the federal government is the

U.S. constitution

Scott drove Chad to Megan's house with the intent of helping Chad dispose of the body. Scott helped Chad plan the murder, supplied him with the weapon, and helped bury her in the desert. Chad could be considered a/an:

accomplice

Chad stalks his ex-girlfriend Megan and ends up killing her and burying her dead body in the Nevada desert. Scott came out of criminal retirement and helped Chad bury Megan's body. Scott could be considered a/an:

aider and abettor

The Wharton rule states that the crime of a conspiracy cannot be charged if the number of people involved is only those necessary by sexual circumstances to

commit the crime

To prove the defendant attempted to commit a crime courts require the prosecution show the existence of

completion of a substantial step

A person who is a party to an agreement to commit an unlawful act is the definition of an

conspirator

A strict liability offense is one without

criminal intent

Military installations and other federally owned and controlled lands within the boundaries of a state are called federal

enclaves

What term means the surrender an accused criminal under the provision of a treaty or statute by one authority to another having jurisdiction

extradition

Attempt to pick an empty pocket would be an example of which kind of impossibility

factual

A complete and voluntary renunciation of criminal purpose is not a defense to a charge of attempt to commit a crime.

false

Courts currently categorize impossibility defenses in attempt cases into two classes: factual impossibility and legal impossibility.

false

What is the name of jurisdiction of the United States over actions within territorial waters of the US on US ships or stateless vessels on the high seas

maritime jurisdiction

All participants in a conspiracy or common plan to commit a crime are guilty of any act of another participate as long as that it is deemed a/ and ____of the intended crime

natural and probable consequence

Thinking of committing a crime without performing a criminal act is

never a crime

Abandonment or withdraw buy a conspirator makes the crime

nonetheless complete

If a defendant plans to engage in conduct that he believes to be a cry but he conducts as planned is not a crime the defendant is

not guilty of an attempt

Classification of crime

Crimes against- person, property, or government

Overbreadth

A law is unconstitutionally overbroad if it regulates substantially more speech than the constitution allows to be regulated.

The offensive caring an on authorized concealed weapon requires a showing of

Actual possession

Which of the following is not an example of criminal homicide over which the federal government has jurisdiction

An angry husband kills his wife

A party to a crime could be a person who is in assist in the commission of the crime

True

What is the name of the federal act that incorporates the state criminal law of the state surrounding the federal enclave as the law of the in clave if there is no relevant federal statue

Assimilative crimes act

According to the model penal code purposeful is higher degree of culpability then negligent

True

Crimes committed in place is beyond the jurisdiction of any state may be prosecuted on federal level

True

To obtain a convection the prosecution has the burden of proving every element of the crime

Beyond a reasonable doubt

Not all crimes require proof that a defendant had a specific intent to achieve a specific end

True

Final authority on the scope of Indian tribal jurisdiction is held by

Congress

Susie Hyde stolen goods away and only she knows where they are located she does not possess them but would be guilty nonetheless of

Constructive possession

Presumptions and interferences enable of factfinder to conclude that because some facts have been proved other facts may be presumed to be true

True

The federal government owns and controls up to 1/3 of all of the land in the United States in the form of territories and federal enclaves

True

The car Johnny two tough gangster drove was stolen. Once his trial is over for kidnapping he could be _______to face grand theft auto charges

Extradited

The act of seizing foreign nationals such as terrorist and sending them to another country for questioning or prosecution is known as

Extraordinary rendition

In the past year and a day rule require that criminal defendants be charged within that timeframe following the unlawful act

False

Military courts do not have jurisdiction over members of the Armed Forces who commits crimes while off base and off duty

False

Motive is an essential element of most criminal offenses

False

The term mens rea refers to the harm caused by the defendants forbidden act

False

The unlawful flight statute permits federal agencies to assist local law-enforcement when someone has been kidnapped and a ransom has been demanded

False

Johnny two tough gangster kidnaps his 15-year-old neighbor and transports her across four states lines before he has finally caught interested. Johnny will be charged in a _____court.

Federal

_______Are not included in strict liability crimes

First-degree murder's

Criminal Court

Government vs. Person, end result is imprisonment codified

International crime law is also known as offenses against the

Law of nations

Estate of military control over civilian populations as declared by state of federal governments is called

Martial law

Which term refers to an individual's mental state

Mens rea

Susie pickpocket deaths is it known criminal in the Detroit area in the police keep a close eye on her late one night her car is pulled over by the Detroit police for speeding in in Plainview they see many toes that they deem as burglar tools Susie could be arrested for

Possession of burglary tools

Activity that occurs solely within a single state would be regulated by

The state government

Which of the following is not part of a federal domain

Puerto Rico see approached to the United States air approaches to the United States

Defined a defendant guilty of a crime of receiving stolen property most states

Require proof the defendant knew the property was stolen

The year and a day murderer rule

Requires the victim die within a year and a day and has been abolished or amended in many states

Tribal courts have no power to exercise criminal jurisdiction over those who are not members of that tribe

True

A person cannot be found guilty of possession of stolen goods if he or she did not know the kids were stolen this is the element of

Scienter

A person asking another to commit murder is guilty of

Solicitation

Gives the federal government power to regulate actions by use of criminal law only if the actions involve or affect interstate commerce

The commerce clause

Persons in US military service or subject to military jurisdiction and the

Uniform code of military justice

Ex Post Facto

a law that would allow a person to be punished for an action that was not against the law when it was committed

A person who provides assistance to another who commits the crime is called

an aider and abettor

Evidence of an overt act would provide some assurance that

at least one of the conspirators was sincere

The most frequently charged anticipatory offense is that of

attempt

When a person becomes liable for the criminal acts of another, it is known as strict liability.

false

Most crimes require the concurrence of which of the following

guilty act and guilty mind

The maxim "ignorance of the law is no excuse" is applicable

in most cases

The mental purpose or design to commit a specific act is called

intent

Attempting to receive stolen goods that were not stolen would be an example of a(n) _____ kind of impossibility?

legal

For the crime of attempt most states and federal courts have rejected the defense of

legal and factual impossibility

A request made to another person to commit a crime is the offense of

solicitation

For crimes in which a harm has occurred the state must prove

the defendant's act was the ordinary and proximate cause of the harm

As compared to the power of the states enact criminal laws

the federal government has less authority

Principal of Legality

the principle that citizens cannot be punished for conduct for which no law against it exists

void for vagueness

the principle that laws not using clear and specific language to define prohibited behaviors cannot be upheld

Civil court

person vs. person punishment-money

The purpose of solicitation, conspiracy, and attempt status is to

prevent serious harm before it occurs

What is the highest degree of culpability according to the model penal code

purpose

Presumptions fall into two categories, they are

rebuttable and irrebuttable

In criminal law, motive refers to

the reason the defendant committed the crime

The Wharton Rule requires that crimes needing more than one person for commission, such as bigamy, require ______ people for a conspiracy conviction.

three or more

"What one did they all did" is the rule that all parties to a conspiracy are liable for every action taken by any party in furtherance of the conspiracy or agreement.

true

Conspiracy can be proved even if the co-conspirator cannot be found or identified. Correct!

true

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime, has not yet violated any law.

true

The international criminal court has the power to prosecute people accused of

war crimes

Impossibility is generally not a defense unless

what is being attempted is not a crime

If a member of the US military serving in another country commits an offense while off duty and off-base jurisdiction will be

with either the military or that country