quiz 1-8
"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 False
t
A defendant found guilty but mentally ill may still be given a sentence that could have been ordered for a conviction on the crime charged. True False
t
A party to a crime could be a person who aids and assists in the commission of the crime. True False
t
A person who lacks competency does not have the ability to understand what is happening at trial, and thus lacks the ability to participate in his own defense. True False
t
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 False
t
Not only police officers, but any person, may use reasonable force to defend another person against unlawful force or interference. True False
t
One cannot be guilty of possession of stolen property if one does not know property is stolen. True False
t
Voluntary intoxication or drug use is almost never the basis for the successful assertion of the insanity defense. True False
t
An ex post facto law is a law which has a retroactive effect. T/F
true
A statute making heroin addiction, by itself, a crime would most likely a be upheld by the U.S. Supreme Court b be found unconstitutional c violate the overbreadth doctrine d conflict with present day drug statutes
B be found unconstitutional
"Stand your ground" laws change what doctrine in many states by adopting a presumption that a homeowner has a fear of imminent peril whenever he is attacked in his home? the castle doctrine the "make my day" doctrine the Brown doctrine the Garner doctrine
a
1 / 1 pts The mental purpose or design to commit a specific act is called: intent motive recklessness negligence
a
A person asking another to commit murder is guilty of solicitation aiding abetting conspiracy
a
According to the U.S. Supreme Court, the Fourth Amendment applies to use of force by a police officer because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of physically intrusive governmental conduct inappropriate governmental conduct abusive governmental conduct physically abusive governmental conduct
a
Attempting to receive stolen goods that were not stolen would be an example of which kind of impossibility? legal factual imminent contingent
a
Based on the Fourth Amendment, police officers may use deadly force when seizing a fleeing suspect when the offense is a felony when the offense is a felony and the suspect poses a threat to safety regardless of the seriousness of the offense if it appears the suspect will escape
a
Crime that is created by government administrative agencies under specific authority or guidelines granted to it by legislative bodies is called a administrative crime b statutory crime c common law crime d judicial crime
a
Defendants who are found incompetent to stand trial may be tried when they become competent may not be tried at any time thereafter are entitled to a verdict of not guilty by reason of insanity are entitled to a verdict of not guilty due to diminished capacity
a
Double jeopardy does not bar successive prosecutions of a defendant convicted of one offense if the subsequent prosecution involves a different or separate offense retrying a person who was previously found not guilty by reason of insanity a new attorney a different judge
a
How often is voluntary intoxication or drug use the basis for the successful assertion of the insanity defense? almost never never almost always always
a
In a criminal trial, motive is always relevant evidence alone, is sufficient evidence for a conviction is required for conviction is the same as criminal intent
a
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 still violated any law committed a crime committed a misdemeanor
a
In most states, duress is not a defense to murder treason any crime any property crime
a
In what recent case did the U. S. Supreme Court hold that a mentally retarded person could not be subject to the death penalty? Atkins v. Virginia Pruit v. State State v. Ramer Foucha v. Louisiana
a
Motive can be important evidence in determining: punishment guilty recklessness negligence
a
State laws and police regulations regarding the use of deadly force must conform to the requirements established by the U.S. Supreme Court in Tennessee v. Garner and Graham v. Connor Tennessee v. Garner and Couture v. Com. Tennessee v. Garner and State v. Escamilla Tennessee v. Garner and People v. Miller
a
The Latin term actus reus means strict liability guilty act guilty mind elements of a crime
a
The M'Naghten rule differs from the substantial capacity test primarily on the _____ of the defendant's understanding of events that made up the crime charged. magnitude capacity logicality quality
a
The age selected by the jurisdiction as the minimum age for a child's criminal responsibility creates a conclusive presumption that a child under that age lacks the capacity to commit a crime a child under that age would not commit a crime a child under that age does not want to commit a crime a child under that age has the capacity to commit a crime
a
The defense that usually alleges that a law enforcement officer has planted false evidence, or has altered, substituted, or destroyed evidence, in an effort to convict the defendant of the crime charged is known as a frame-up entrapment collateral citation jinx
a
The mental element required in possession offenses is generally that of intent or knowledge recklessness negligence no mental element is required
a
The most frequently charged anticipatory offense is that of attempt solicitation conspiracy obstruction of justice
a
The offense of carrying an unauthorized concealed weapon requires a showing of actual possession constructive possession either actual or constructive possession ownership of the weapon by the defendant
a
The purpose of solicitation, conspiracy, and attempt statutes is to prevent serious harm before it occurs prevent persons from aiding the criminal after completion of the crime obtain the cooperation of material witnesses prevent criminals from escaping
a
Thinking of committing a crime without performing a criminal act is never a crime a crime in many states a strict liability crime difficult to prove beyond a reasonable doubt
a
To lawfully use deadly force in self-defense, what kind of fear of imminent death or great bodily harm must exist? reasonable subjective actual substantial
a
What doctrine states that a person in his home is justified in using reasonable force, including deadly force, in response to an assault in their home? the castle doctrine the queen doctrine the king doctrine the "make my day" doctrin
a
What is the name of the test which combines cognitive incapacity and moral incapacity? The M'Naghten test The "right and wrong" test The Product rule The "Substantial Capacity" Test
a
When an uncooperative driver refuses to submit to a breath or urine test police have begun taking forced blood samples from these uncooperative drivers taking forced breath tests from these uncooperative drivers taking forced urine samples from these uncooperative drivers none of these answers is correct
a
Which of the following terms refers to an individual's mental state? mens rea actus reus scienter proximate caus
a
Common law crimes in England were created by a judges b society c prosecutors d the king or queen
a judges
A person who provides assistance to another who commits the crime is called a solicitor an aider and abettor a co-conspirator solicitee
b
A rebuttable presumption means the presumption may not be overcome by the presentation of evidence may be overcome by the presentation of evidence may be presented by the prosecution only may be presented by the defense only
b
A situation where one cannot be found guilty of possession of stolen goods if they did not know they were stolen is an example of specific intent scienter mental intent knowledgeable intent
b
Attempting to pick an empty pocket would be an example of which kind of impossibility? legal factual imminent contingent
b
For crimes in which a harm has occurred, the state must prove the harm to the victim occurred immediately the defendant's act was the ordinary and proximate cause of the harm both that harm to the victim occurred immediately, and that the defendant's act was the ordinary and proximate cause of the harm neither that harm to the victim occurred immediately, nor that the defendant's act was the ordinary and proximate cause of the harm
b
In the case of escape from prison or jail, duress or coercion may never be used as a defense may be a defense only in limited circumstances may be a defense only if they were subjected to cruel and unusual punishment may be a defense only if the defendant is innocent of the charge
b
Law enforcement officers, neighbors, and other adults who see a child misbehave may discipline the child using any means as long as it takes place immediately may use reasonable force to prevent damage to property may discipline the child only by spanking none of these answers are correct
b
States with the "guilty but mentally ill" verdict have abolished the insanity defense have retained the insanity defense consider it identical to the not guilty by reason of insanity verdict require the prosecution to prove the defendant was mentally ill
b
The cause, inducement, or reason why an act is committed is called: intent motive recklessness negligence
b
The common law established the lowest age of criminal responsibility at age 5 7 14 18
b
To find a defendant guilty of the crime of receiving stolen property, most states do not require scienter Correct Answer require proof the defendant knew the property was stolen require proof the defendant committed the theft require proof the defendant had a motive
b
Which branch of the government determines the constitutionality of laws or ordinances? a the legislative branch b the judicial branch c the executive branch d the state branch
b
A defendant who is found not guilty by reason of insanity is almost always tried again for the same offense set free committed to a mental institution reimbursed by the government for the cost of the trial
c
A strict liability offense is one without motive proximate cause criminal intent a guilty actIn a criminal trial, motive
c
A strict liability offense is one without motive proximate cause criminal intent You Answered a guilty act
c
A verdict of not guilty by reason of insanity results in dismissal of the charges incarceration of the defendant hospitalization of the defendant a suspended sentence for the defendant
c
According to the Model Penal Code, a person who consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct, acts purposely knowingly recklessly negligently
c
If a defendant plans to engage in conduct that he believes to be a crime, but the conduct as planned is not a crime, the defendant is guilty of an attempt guilty of conspiracy not guilty of an attempt none of these answers is correct
c
In criminal law, motive refers to criminal intent the defendant's mental state while committing the crime the reason the defendant committed the crime a necessary element of every crime
c
In states that have adopted "make my day" rules, the occupant of a dwelling may not use deadly force against an intruder may use necessary, but not deadly force against an intruder may use deadly force against an intruder must retreat rather than use force against an intruder
c
Persons in U.S. military service are subject to military jurisdiction and the Military Criminal code Penal Code Uniform Code of Military Justice Military Penal Law
c
The Latin term mens rea refers to strict liability guilty act guilty mind elements of a crime
c
The crime of solicitation is committed when the person solicited commits the requested crime the person solicited accepts payment when a person attempts to get another to commit a crime when the agreement is placed in writing
c
To be lawful, force used in self-defense or defense of another must be both reasonable and sufficient nondeadly immediately necessary preventable
c
To obtain a conviction, the prosecution has the burden of proving every element of the crime by a preponderance of the evidence by clear and convincing evidence beyond a reasonable doubt beyond a shadow of a doubt
c
To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of an agreement to commit the crime a request to commit the crime completion of a substantial step a motive
c
What principle of liability holds a defendant legally responsible for the unlawful conduct of others that he aids and abets? principal accessory accomplice party
c
Whether excessive force was used by police in making an arrest will be analyzed under the Fourth Amendment and what standard? due process equal protection reasonableness necessary
c
A defendant of questionable competency should not be tried for a criminal violation because trials of incompetent persons violate their due process rights due process requires persons charged with crimes to be given an opportunity to consult with counsel due process requires persons charged with crimes to be given an opportunity to assist in their own defense all of these answers are correct
d
A person assaulted in their home by a trespasser has no duty to retreat and may use necessary force based upon what doctrine? trespasser homeowner aggressor castle
d
A person could be criminally liable for the conduct of another if he or she is a party to a conspiracy to commit a crime and hires another to commit a crime urges another to commit a crime counsels another to commit a crime all of these answers are true
d
According to the Model Penal Code, how is a person acting, with respect to a material element of an offense, when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct? purposely knowingly recklessly negligently
d
As long as it is reasonable, a child may be disciplined by parents any person in loco parentis public school teachers any of these
d
If a member of the U.S. military serving in another country commits an offense while off duty and off base, jurisdiction will be You Answered only in that country only in military court only in the Supreme Court with either the military or that country
d
If a person intentionally damages a building owned by another person, this action a is a crime, but not a tort b is a tort, but not a crime c is neither a tort nor a crime d is both a tort and a crime
d
If force in making arrests should be necessary because of resistance or an attempt to escape, the officer may use only such force as is reasonably believed necessary to detain the offender, make the arrest, and conduct lawful searches overcome any resistance by the offender prevent an escape and retake the person if an escape occurs all of these are limits on the amount of force an officer may use
d
In states where it is available, should the jury find the defendant was guilty but mentally ill at the time of the offense, the defendant is free to leave may be committed to a mental institution will automatically be committed to a mental institution may receive any sentence that could be imposed for that crime
d
Key points in determining the lawfulness of force used in self-defense include: unlawfulness necessity reasonableness all of these are key points in determining the lawfulness of force used in self-defense
d
The equal protection clause of the Fourteenth Amendment requires that a states treat all people as individuals b states treat all people generously c private groups treat all people alike d states treat all people alike
d
To be mentally fit to stand trial, the defendant must have the ability to cooperate with defense counsel and speak and understand English have the ability to hear and see remember what happened at the time of the alleged crime understand the charges and proceedings
d
What is the name of the test which focuses on volitional incapacity? The M'Naghten test The "right and wrong" test The Product rule The "Substantial Capacity" Test
d
When using the defense of duress, defendants admit they committed the crime but did so only because they were ordered to do so by a superior were forced to become intoxicated or drugged were tricked by law enforcement were threatened with death or serious bodily injury if they did not commit the crime
d
Which of the following are factors to consider when determining criminal capacity for children? the nature of the crime the child's age and maturity whether the child evidenced a desire for secrecy all of these are factors to consider
d
Which of the following areas include strict liability crimes? traffic violations narcotics laws public health laws all of these include strict liability crimes
d
Which of the following is not one of the four generally recognized goals of the criminal justice system? discourage people from committing crimes protect society form dangerous people punish people have committed crimes help victims harmed by crime
d
Which of the following must be found beyond a reasonable doubt for a defendant to be found guilty but mentally ill? defendant is guilty of offense defendant was mentally ill at time offense was committed defendant was not legally insane at time offense was committed All of these are required for a defendant to be found guilty but mentally ill
d
Which of the following reasons help explain why use of deadly force is currently forbidden in the defense of property? today, few items of property are vital to survival today, many items of personal property are insured against loss today, law enforcement agencies are readily available to assist individuals confronted with theft all of these are reasons that help explain why use of deadly force is forbidden in the defense of property
d
Who may use deadly force when faced with the threat of death or serious bodily harm to the officer or another? a police officer a probation officer anyone all of these answers are correct
d
An unnecessarily broadly written law the invades the area of protected freedoms would be deemed unconstitutional on what grounds? a due process b bill of attainder c void of vagueness doctrine d overbreadth doctrine
D overbreadth doctrine
A citizen is never authorized to use deadly force against another citizen; only police may use deadly force against another person. True False
f
A verdict of not guilty by reason of insanity results in a conviction of the defendant. True False
f
Deadly force may never be used by a police officer in an attempt to seize an individual. True False
f
In states that have adopted "stand your ground" laws, severe limits have been placed on the use of deadly force by the occupant of a dwelling. True False
f
Motive is an essential element of most criminal offenses. True False
f
The law regarding the use of deadly force in making an arrest is exactly the same from state to state. True False
f
When acting in self-defense, all states impose a duty to retreat prior to the use of deadly and non-deadly force. True False
f
All states have abolished common law crimes. T/F
false
An alcoholic cannot be convicted for the offense of being drunk in a public place based upon the Eighth and Fourteenth Amendments T/F
false