Criminal Law Test 2 T/F
7) The fact that a woman discussed having a sexual relationship with the man she is accusing of raping her can never be admitted under rape shield laws.
F
7. Hate crimes are a new category of crimes which usually punish an act motivated by hatred or bigotry against a group, by making the sentence longer than if the motivation for the crime was something other than hate or bigotry.
F
8) If a person cuts you off on the highway and then makes an inappropriate hand gesture in your direction, and you then follow him to his place of business and shoot him (causing him to die), you can legally claim to have done so in the heat of passion.
F
8) The consent defense is never available for sexual assault with an object.
F
8. An essential element of solicitation is that the person solicited actually commits the crime.
F
9) In order to charge a person with murder, there must be a dead body to show that a crime has actually been committed in the first place.
F
9. An essential element of kidnapping is that the kidnapper demand a ransom.
F
The rule that a death which occurs by accident or chance during the course of the commission of a felony will be classified as first degree murder is called the "Unintentional Murder Rule."
F
3) Incest is generally defined as sexual conduct between a father and a daughter.
F
4. An attack on a person following an argument, with no weapon used, is aggravated assault.
F
5) Consent is always a defense to rape.
F
5) The killing of a person in extreme pain and/or suffering from an incurable sickness is called a living will.
F
6) A murder that is committed out of necessity or duty without any criminal intent is called excusable homicide.
F
6) Rape shield laws prohibit chastity belts.
F
7) Sentences for manslaughter are much more severe than those for first- degree murder.
F
13) Adults can use the consent defense to forcible fondling charges even when the victim is a child.
F
14. According to the Supreme Court in the Apprendi decision, judges may enhance sentences if they find the crime committed was a hate crime.
F
15) A man raped at gunpoint would be a rape victim under the Common Law definition of rape.
F
15) A person hiring a hit man to commit murder is an example of transferred intent.
F
15. Defendants can have video surveillance evidence dismissed as an invasion of privacy.
F
16. The FBI is the only federal agency that fights cyber crime.
F
18) Rape Shield laws prevent prosecutors from revealing the defendant's sexual past.
F
18. A person stealing an unattended purse is robbery.
F
19) A victim's consent to engage in oral sex is sufficient for a defendant to assume vaginal sex is consensual as well.
F
2. Pickpocketing is an example of robbery.
F
10. The two major types of trafficking in persons are sex trafficking and drug trafficking.
F
11) Oral sex can never be rape.
F
11. To get a theft conviction, prosecutors must prove the defendant threatened the victim.
F
12) Courts always accept dying declarations as true.
F
14) From a prosecutor's point of view, circumstantial evidence is always better than direct evidences.
False
1) Until recently, the crime of rape did not include a sexual assault on one's wife.
T
1. The two types of robbery are simple robbery and armed robbery.
T
10) Consent is never a defense to incest.
T
10) Two or more people who agree to commit a crime constitute a criminal conspiracy.
T
11) Infanticide is the killing of a young or newborn child.
T
12) Forcible Sodomy is a strict liability crime.
T
12. The Common Law definition of assault does not include infliction of physical harm.
T
13) The Deadly Weapon Doctrine states that a person's use of a deadly weapon doctrine is proof of the intent to kill.
T
13. Internet Service Providers must hold e-mail for 90 days once a law enforcement agency informs them the e-mail may be part of an investigation.
T
14) Defendants have the right to cross-examine the technician who performed the DNA analysis at trial.
T
16) One of the elements prosecutors must prove in rape cases is that a sex act took place.
T
17) The UCR's new definition of rape includes sexual assault with an object.
T
17. A mugging is an example of a robbery.
T
19. At Common Law, battery is the crime of inflicting physical harm on an individual.
T
2) Today, rape laws apply to sexual assaults directed at both men and women.
T
20) Teenagers who are the same age and over the age of consent cannot be convicted of forcible sodomy for their joint consensual sexual acts.
T
20. A person leaving a gun unlocked and unattended could be guilty of assault
T
3. Discharging a weapon during a robbery increases the convict's prison sentence.
T
4) In statutory rape, the consent of the underage partner is irrelevant.
T
5. Stalking can be a type of assault.
T
6. Wiring a house with dynamite with the intent to kill or harm people is an example of violent arson.
T
9) A male boss touching a female employee's breast on the job when she does not want him to is an example of forcible fondling.
T
Corpus delicti is a term referring to the facts that show that a crime has been committed.
T
In order for a person to be convicted of first-degree murder, the jury must find that he/she had intended to kill the victim.
T
Voluntary manslaughter is a term describing a homicide committed with the intent to kill, but without deliberation, premeditation, or malice.
T