test 2 criminal law
_____ merely recognizes that an individual has the right to demonstrate that he or she is incapable of forming the intent for the offense committed
. Diminished capacity
The _____ defense excuses an individual from guilt who commits a crime to avoid a threat ofimminent bodily harm
. Duress
. _____ gives law enforcement the authority to use deadly force on suspects
. Fleeing felon rule
An underage defendant may use the juvenile defense on the grounds that he or she is too young to _____
. Form the required intent
Which of the following is not a way voluntary intoxication can occur
. Ignorance
13. A _____ constitutes a defense in those instances that the defendant's mistake results in a lackof criminal intent
. Mistake of fact
The _____ provides that a person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks the substantial capacity to either appreciate the criminality of his conduct or to conform his conduct to the requirements of the law
. Model Penal Code Standard
The _____ defense is used by women who have a drop in hormonal levels following the birthof a child
. Postpartum psychosis
Which of the following is not a type of a new sociological defense
. Postpartum psychosis
The inability to distinguish between reality and fantasy is known as _
. Psychosis
_____ is a defense to any and all criminal offenses in those instances that a defendant's state of mind satisfies the standard for the insanity defense in the state
. Sleep deprivation
Rory is 16 but has been charged with a crime. His lawyer was hoping he would be tried as a juvenile but, due to the seriousness of the crime, he will be tried as an adult. What is the legal mechanism that allows for thi
. Transfer statutes
7. What is the purpose of juvenile court
. Treatment and rehabilitation
45. Self-defense is recognized in how many states
50
2. At common law, there is an irrebuttable presumption of infancy for which category of individuals
. Children younger than 7
Jake fires a gun at a local rival. He misses. He fires several more times. Each time he misses and finally his gun jams. This is an example of
a complete attempt
_____ defenses are defenses in which the defendant typically possesses the burden of production as well as the burden of persuasion
affirmative
5. _____ describes an individual who unlawfully initiates force against another
aggressor
13. Which of the following is an exception or situation in which the law recognizes consent as a defense to criminal conduct a, Incidental contact b. Sporting event c. Socially beneficial activity d. All of the above
all of the above
33. Predisposition in an entrapment analysis considers which of the following factors a. Whether the accused suggested the criminal activity b. Whether the defendant was already engaged in criminal activity c. Whether the defendant was reluctant to commit the offense d. All of the above
all of the above
36. The availability of the excuse to the criminal defendant is based on what . A lack of moral blameworthiness b. A lack of criminal intent c. At times, the involuntary nature of the criminal act d. All of the above
all of the above
Which of the following is a reason solicitation remains a controversial crime a. There is no threat to society until steps are taken to carry out the scheme b. Punishing an individual for solicitation interferes with freedom of speech c. There is a risk that individuals will be convicted based on a false accusation d. None of the above e. All of the above
all of the above
The _____ rule provides that an individual intervening "stands in the shoes" or possesses the same rights as the person whom he or she is assisting
alter ego
Timothy is the defendant in a criminal trial. He has been charged with the murder of his brother, which occurred last Saturday night at 10:05 PM. He insists he just finished his shift at subway at 10:00 PM and could not have possibly been at the scene of the crime in 5 minutes because it was nearly a 20-minute drive from his place of work. This statement is an example of what
an alibi
A factual circumstance that prevents an individual from actually completing a criminal offense is referred to in some state statutes
an extraneous factor
To satisfy the actus reus of conspiracy, most states require __
an overt act
When are the common law presumptions of infancy applicable to proceedings in juvenile court
Never
5. With regards to entrapment, the _____ test focuses on the conduct of the government rather than the character of the defendant
PMS defense
What factor may not be looked to in order to overcome the presumption of incapacity in juvenile offenders
Quality of parenting
45. Mark recently joined a gang and as a result he has begun participating in violent brawls and drug use and distribution. In his impoverished neighborhood it is commonplace sell drugs because there are very few other economic opportunities. Mark's mom recently left his dad after he beat her so badly she was hospitalized. Things are really rough for the family. Mark joined thegang because he liked the way the members stood up for one another. He saw it both as an economic opportunity but also as a family. If Mark is charged for his criminal activity what defense offers him the best chance of success
Rotten social background
24. The _____ defense consists of the contention that young people living in poor areas do not receive adequate policing and develop a heightened awareness and fear of threats
Urban survivor
_____ force is a force that a reasonable person under the circumstances would be aware wouldcause or create a substantial risk of death or substantial bodily harm
deadly
57. True or False? As a response to the growing concern for the moral blameworthiness of acts committed by defendants found to be not guilty by reason of insanity, all 50 states have adopted a verdict of "guilty but mentally ill."
false
63. True or False? Duress excuses the intentional taking of the life of another
false
7. True or False? Insanity is an excuse defense
false
9. True or False? The contemporary trend is to dismiss the original common law rule and recognize a defense based on voluntary intoxication because of the increasing acceptance of alcoholism as a disease
false
True or False? A corporate crime may result in the criminal conviction of the employee committing the offense, but the corporation will never be convict
false
True or False? A defendant's good motive in committing a mercy killing of a severely ill family member may be considered in determining guilt or innocence
false
True or False? A factual impossibility is a defense to an attempt to commit a crime
false
True or False? A police officer may not use deadly force against a fleeing felon who poses animminent threat to the police or to the public
false
True or False? An imperfect attempt is when an individual abandons or is prevented from completing a crime due to the arrival of the police
false
True or False? Having a legal alternative is not an element of the necessity defense
false
True or False? Modern statutes generally limit the criminal objectives of conspiracy to intent to commit the crime
false
True or False? The common law followed the physical proximity test
false
True or False? The law does not provide a defense to individuals executing public duties
false
True or False? The subjective approach requires that an act comes extremely close to the commission of a crime.
false
True or False? Today, all 50 states recognize the right to forcibly resist an unlawful arrest
false
true or False? The fact that an individual consents to be the victim of a crime constitutes a defense
false
true or false? An individual who is mistaken concerning the necessity for self-defense may not rely on the defense
false
true or false? The requirement that the defendant did not know the nature and quality of the act is simpler to satisfy than the rest of the requirements
false
Crimes that declare that individuals can be convicted and punished for intent to commit a crime when accompanied by a significant step toward the commission of the offense are called
inchoate crimes
A(n) _____ attempt occurs when an individual abandons or is prevented from the crime due to the arrival of the police or as a result of some other event outside his or her control
incomplete
. Defendants who rely on the _____ defense typically are required to provide notice to the prosecution; then the defendant is subject to an examination
insanity
8. Modernly, how do courts handle women and duress
c. Women and duress are treated the same way as men utilizing the defense
Which of the following test is not a legal test for the actus reus of attempt
threat provocation
. True or False? The recognition of otherwise criminal acts as justifiable constitutes a morally significant statement concerning our social values
true
. True or False? There is a growing trend for state statutes to permit the criminal prosecution of any juvenile as an adult who is charged with a serious offense
true
0. True or False? Insanity is not distinct from competence to stand trial
true
46. True or False? Self-defense is an excuse defense
true
51. True or False? An individual intervening under the alter ego rule may be an aggressor or maynot possess the right to self-defense
true
52. True or False? M'Naghten is criticized for focusing on the mind and failing to consider emotions
true
52. True or False? You may intervene to protect another, but you are not required to intervene
true
53. True or False? According to the irresistible impulse test, a defendant may be found legally insane even if he or she is able to tell right from wrong
true
53. True or False? States typically limit deadly force to defend the home to those situations where deadly force is reasonably believed to be required to prevent the entry of an intruder who is reasonably believed to intend to commit a felony within the dwelling
true
6. True or False? Critics contend that the insanity defense undermines the proper functioning of the criminal justice system
true
6. True or False? Necessity is based on the assumption that had the legislature been confronted with the choice, legislators presumably would have safeguarded human life over the crime committed
true
60. True or False? The early common law did not recognize infancy as a defense to criminal prosecution
true
60. True or False? While an individual is not criminally responsible for self-abuse or for taking his or her own life, those who assist him or her are criminally liable
true
62. True or False? For the defense of duress, there must be a threat of death or serious bodily harm that causes an individual to commit a crime
true
64. True or False? The mistake of law does not constitute a defense
true
8. True or False? Diminished capacity is a compromise between either finding an individual notguilty by reason of insanity or fully liable
true
9. True or False? The fundamental difference among the insanity tests is whether the emphasis is placed on the defendant's ability to know right from wrong or on the defendant's ability to control his or her behavior
true
An aggressor employing non-deadly force must clearly abandon the struggle and _____ in order to gain the right to self-defense
withdraw
14. A defendant who establishes a _____ defense is able to satisfy each and every element of a justification defense and is acquitted
perfect
The _____ has been invoked by defendants who contend that they suffered from severe pain and distress that drove them to act in a violent fashion
pms defense
_____ is the planning and purchasing of the materials to commit a crime
preparation
_______ is the perpetrator of the crime
principal in the first degree
16. Why do most states no longer allow self-defense to resist unlawful arrest
prisons and jails are safer than in the past
20. The execution of _____ justifies the acts of individuals in the criminal justice system that would ordinarily be considered criminal
public duties
which of the following is not an element of accessory before the fact a. commission of guilt b. knowledge c. purpose d. affirmative act
purpose
___ extends vicarious liability to a corporation for the acts of employees, even when such acts are contrary to corporate policy
respondent superior
The principle of necessity dictates that every alternative should be exhausted before an individual resorts to deadly force, and that an individual should be required to ___
retreat to the wall
Which of the following is not a reason to punish an act that does not result in a crime
retribution
which of the following individuals would not be capable of being charged as an accessory after the fact under common law a. the brother b. the doctor c. the wife d. a clergy man
the wife
8. Individuals retain the right to resist a police officer
Application of unnecessary and unlawful force in executing an arrest
Which of the following is not an instance in which consent to criminal conduct is recognized as a defense
An individual high on heroin consents to being robbed
What is the order in which a criminal case proceeds
Case in chief, cross-examination, rebuttal
The _____ test provided that an accused is "not criminally responsible if his unlawful act was the product of mental disease or defect
Durham Product
The _____ has been used as an excuse for homicide based on the argument that the chemicals used in lawn care resulted in the involuntary intoxication of the defendant
Environmental defense
What must the prosecution establish in a criminal trial in order to obtain a conviction
Every element of the crime charged beyond a reasonable doubt
To use the _____ defense, individuals were categorized on the basis of their actual age rather than their mental age at the time of the offense
Infancy
42. Mary was recently diagnosed with an autoimmune disease. She has been prescribed a strong painkiller by her doctor. She has never taken painkillers before and she is unaware of how they will affect her. After the first dose she begins hallucinating. Believing that her neighbor, who is outside tending to her garden, is actually an escaped unicorn, she attacks the neighbor and ties her up and calls animal control. If she is charged with a crime, what defense might she successfully utilize
Involuntary intoxication
The _____ test requires the jury to find a defendant not guilty by reason of insanity in the event that the jurors find that the defendant possessed a mental disease that prevents him from curbing his or her conduct
Irresistible Impulse
The most common mental disorder or defect that results in legal insanity under the _____ test for insanity is psychosis.
M'Naghten
Jin is taking an evening stroll through the park when he happens upon an altercation between what seems like a husband and wife. He witnesses the wife repeatedly hitting the husband. He intervenes and restrains the wife by shoving her to the ground and restraining her. She breaks free and continues to beat the husband. Jin pepper sprays the wife. She intends to press criminal charges against Jin because her husband actually initiated the altercation and she has bruises all over her body to prove it. Will Jin be held criminally liable
No providing the jurisdiction follows the objective test
Timothy is the defendant in a criminal trial. It is the first day of the trial and the jury has just been chosen. His attorney, fresh out of law school, files a motion for judgment of acquittal. Has this motion been properly filed?
No, the defendant must wait until the close of the prosecution's case or prior to submitting the case to the jury
Cassie has decided to undergo rhinoplasty and signed medical releases to that effect. She has hopes of one day becoming a model and wants to do everything possible to give her the best chance at success. During her surgery, while she was under anesthesia, the doctor decides to fill a few wrinkles around her eyes with botox and give her lip injections. He decides to do this as a gift to her free of charge because he believes in her ability to be successful in the modeling business. Were the doctor's actions appropriate
No, the scope of consent was limited to the planned rhinoplasty
30. Shanice has been selling drugs here and there for the past few years. She doesn't make a lot of money, but it's enough to get by. She has befriended Rizzo who claims to have a big job for her. Typically she only sells marijuana but he claims she can make a lot more selling crack cocaine. She is very hesitant because she knows of the harsh penalties associated with crack, but Rizzo continuously pressures her to come work for him and makes statements like "if she values their friendship, she would start dealing crack for him." Eventually after months of convincing she gives in to Rizzo. It turns out Rizzo is an undercover agent. Under which test will Shanice have the best chances of an acquittal if she faces criminal charges
Objective
Travis was hanging out with his friends in the park smoking a hand-rolled cigarette. The price of cigarettes had skyrocketed recently and so he began making his own. A nearby police officer sees him and believes he is smoking a joint. The police officer comes over to Travis, and after a brief verbal exchange, decides to arrest Travis. Travis, knowing he is not smoking a joint, believes the arrest is unlawful and resists as the officer tries to handcuff him. Travis then kicks the officer. Can Travis be charged with a crime for his behavior
Only if he is in a jurisdiction that follows the American rule
With regards to entrapment, the _____ test focuses on the defendant and asks whether the accused possessed the criminal intent or the predisposition to commit the crime or whether the government created the offense
Subjective
What is the difference between the alter ego rule and the objective test for intervention in defense of others?
The objective test allows for the reasonable mistake of fact
The American legal system is based on which of the following
The presumption of innocence
In order to utilize self-defense, a defendant must reasonably believe
The threatened harm is imminent
35. Which of the following statements is not true regarding civil commitment
a. The period of civil commitment is limited to the length of the criminal sentence for which a defendant was convicted
The _____ is a legal defense in which defendants claim that the crimes with which they are charged resulted from their own victimization and that they should not be held responsible
abuse excuse
. Which is a false statement? a. In order to utilize the defense of duress, an individual must have exhausted all reasonable and available alternatives to violating the law b. In order to utilize the defense of duress, an individual need not exhaust all reasonable and available alternatives to violating the law c. Duress may excuse the intentional taking of the life of another d. Duress does not excuse the intentional taking of the life of another e. a and c f. b and c
b and c
37. The general trend in the law is to do what with regard to excuses
b. Limit the excuses available to criminal defendant
. Helaina is a recovering alcoholic. She has been sober for nearly two weeks but regularly feelsthe urge to consume alcohol. She has told her boyfriend to beat her in the event she consumes any alcoholic beverages. If the boyfriend is charged with a crime may he successfully use consent as a defense?
b. No, this is not one of the three exceptions in which the law recognizes consent as a defense
The crime of solicitation is complete when....
b. When the solicitor engages the individual to carry out the criminal act, whether the act is completed or no
9. Joclyn and her son do not have a good relationship. She recently divorced his father, and the boy, who is just 7 years old, chose to go live with him instead of her. Joclyn and her ex do not have a custody agreement in place at this time, but he regularly allows her to see the son whenever she desires. The boy does not enjoy his visitation. The boy dislikes his mother so much, for no apparent reason, that he demanded his father take her life. The boy threatened him and said if he did not cooperate, he would kill the father instead and go off on his own. He is a feisty 7-year old. The father, afraid for his own life, makes an elaborate plan to kill Joclyn and attempts to take her life. She manages to live through the attack and has reported it to the police. Will the ex-husband be able to successfully utilize the defense of duress
b. Yes, providing a reasonable person would have also been afraid in that situation
The defense in which the individual claims to have been placed under the control of others is
brainwashing
3. Jack is carjacked as he drives down sunset blvd around 4 AM. The carjacker instructs him to move over to the passenger seat and Jack complies. He further goes on to say that Jack must assist him in robbing a back otherwise he will kill his pregnant girlfriend. The carjacker reminds him that he can simply look at his vehicle registration in order to obtain the address. Jack is unsure of what to do but fears for the lives of his loved ones. He decides to comply. If after the bank robbery he is apprehended and charged with a crime, does he have and defenses available to him
c. He may utilize the duress defense
41. Issac is charged with a specific intent crime yet he claims his voluntary use of alcohol prevented him from forming the specific intent required by statute. If he is successful in his argument what is the most likely outcome
c. Liability only for a lesser offense requiring general intent
The _____ provides that an individual inside the home is justified in holding his or her ground.
castle doctrine
When individuals are confronted with the unhappy choice between committing a crime or expecting a harmful event
choice of evils
What generally limited the privilege of intervention in defense of others to the protection of spouses, family, employees, and employers
common law
The _____ defense argues that a foreign-born defendant was following his or her culture and was understandably unaware of the requirements of the American law
cultural
54. True or False? The Durham product test was formulated by the New Hampshire Supreme Court in State v. Norman in 1869
false
8. _____ self-defense provides that while the defendant may not be acquitted, fairness dictates that he or she should be held liable only for the lesser serious crime
imperfect
These acts deserve condemnation, but the defendant is not held criminally liable
excuses
_____ provide(s) a defense based on the fact that although a defendant committed a criminal act, he or she is not considered responsible
excuses
Isaac gives $100 to his friend Doug to buy narcotics. An undercover officer arrests him before Doug can hand over his imitation drugs. Doug, unbeknownst to all of his buyers, does not actually sell narcotics, but sells baking soda instead. This is an example of what
factual impossibility
49. True or False? Virtually every jurisdiction provides that there is a duty or requirement to retreat before resorting to non-deadly force
false
5. True or False? Involuntary intoxication is not a defense to criminal offenses in those instances that the defendant's state of mind satisfies the standard for insanity
false
5. True or False? The American Law Institute Substantial Capacity Test broadens the legal test for insanity in order to decrease the number of defendants who may be judged to be legally insane
false
50. True or False? The early approach to the defense of others in the United States was the objective test
false
offense punishes individuals who frustrate the arrest, prosecution, or conviction of individuals who have committed felonies as well as misdemeanors
hindering prosecution
. _____ occurs when the jury disregards the law and acquits sympathetic defendants
jury nullification
These are otherwise criminal acts that society approves and encourages under the circumstances
justifications
Which of the following is an element of the use of deadly force by police?
lack of reasonable belief that the felon has a weapon
The common law followed the _____ approach and provided that an attempt only occurred following the completion of the final step required for the commission of a crime
last step
What type of controversial laws permit the use of any degree of force against intruders who might use any physical force against the occupant no matter how slight
make my day laws
Evidence that is not relevant for justification or excuse may still be relied on during the sentencing stage as a(n) _____ that may reduce the defendant's punishment
mitigating circumstances
The _____ defense recognizes that conduct that would otherwise be criminal is justified when undertaken to prevent a significant harm
necessity
Common law rule is sufficiently broad to permit deadly force against which of the following A rapist b. A drunk who wanders into the wrong house c. A burglar d. All of the above e. None of the above
none of the above
Which is not a reason used to justify a limitation on the use of deadly force to apprehend suspects? a. Shooting suspects may lead to community alienation and anger b. Bystanders may be harmed by stray bullets c. Substantial monetary damages may be imposed in civil suits for the wrongful use of deadly force d. Police officers may suffer psychological stress e. None of the above
none of the above
Which of the following is not an element of self-defense a. Reasonable belief b. Necessity c. Proportionality d. None of the above
none of the above
The _____ protects individuals who intervene because of a reasonable but mistaken
objective
_____ preserves the right to life and bodily integrity of an individual confronting an imminent threat of death or serious bodily harm
self defense
Which test asks but for the actions of the government would the defendant have broken the law
subjective test
22. A form of retreat in which an individual retreats with the intent of continuing the hostilities
tactical retreat
1. What party is generally is not entitled to self-defense
the aggressor
4. Which is not an explanation for duress? a. The law cannot expect people to act in a heroic fashion and resist threats of death or serious bodily harm b. The defendant may only utilize the excuse after threats of death have been made c. An individual who commits a crime in response to a server threat lacks a criminal intent d. Individuals who commit crimes under duress act in an involuntary rather than a voluntary fashion
the defendant may only utilize the excuse after threats of death have been made
Diana was born and raised in New Orleans. She believed very strongly in and practiced voodoo. After her boyfriend broke up with her she decided to teach him a lesson. Diana constructed a very elaborate voodoo doll with the intent to kill him by mutilating the doll. If criminal charges are brought against her for this behavior she may claim inherent impossibility as a defense
true
True or False? In order to use the necessity defense, the defendant must not have been substantially at fault in creating the emergency
true
True or False? Justification defenses provide that acts that are ordinarily criminal are justifiedor carry no criminal liability under certain circumstance
true
True or False? Solicitation is defined as an agreement between two or more persons to commit a criminal act
true
true or false?The insanity defense is one of the most thoroughly studied, yet most debated issues in criminal law
true
8. The contemporary trend is that _____ is not a defense for any criminal act or requisite state of mind
voluntary intoxication
Commuting each way and regularly falls asleep during this time. One day on his way home from work the train was particularly packed and someone sat in the seat next to him. Sammy fell asleep as usual and the woman sitting next to him took the opportunity to reach into his large front jacket pockets to look for items of value. She had hoped to find some cash or at least items to take to the pawnshop but found the pockets were empty. Should the woman be liable for the attempted offense
yes, a factual impossibility is not a defense
Why do several states choose to not recognize the defense of abandonment
Because the crime of attempt is complete and cannot be renounced
______ occurs in those rare situations in which a defendant could not possibly achieve the desired result
Inherent impossibility
Debi lives in a nice suburban neighborhood. It's a safe family friendly area. Her neighbors, although friendly, regularly have large family gatherings and parties in which they have upwardsof 20-30 cars parked along the street. Sue, a friend of Debi's stopped by to show off her new hair color and in passing Debi noted that she couldn't stand how crowded the street was as a result of the neighbor. She mentions that she hopes someone comes and keys all of the cars. Sue leaves and nothing more is said. The next morning, all of the cars have been keyed and some even have slashed tires. Is Debi guilty of solicitation for her comments to sue
No, Debi did not have the specific purpose required
Demitri has noticed a friend of his talking to his girlfriend. He can be very jealous. One day he decides to teach this friend a lesson. Demitri takes his baseball hat and hits the boy on the head. The boy falls to the ground and Demitri continues to hit him. Upon the realization that the boy is falling in and out of consciousness he calls 911 because he had no intention to cause such severe injury. If he faces criminal charges for beating his friend will he be able to successfully use the defense of abandonment
No, because Demitri completed the crime and is simply feeling regret about his actions
Michele is desperate to sell her home and has entered into an agreement to sell to a known drug dealer who has made her an offer she can't refuse. He informs her of his profession, that he is purchasing the house for his boss whose identity he cannot disclose, but that he is a major druglord in Columbia. She goes through with the sale anyway. The dealer turns out to be an undercover FBI agent. Michele is charged with conspiracy to launder money. She believes this charge will not stick because she did not enter into an agreement with another legitimate party. Is she correct?
No, unilateral conspiracies may exist with undercover agents providing the single individual agreed to enter into a conspiracy
_____ holds defendants responsible for all acts of racketeering undertaken as part of a criminal enterprise
RICO
Tony has a vendetta against Pat. He sets out to cut the brake lines in his car in hopes he winds up fatally crashing later that day. He finds Pat's car in his work lot and successfully cuts the brake lines. He anxiously counts down the minute until the time he knows Pat typically leaves work. Pat fatally crashes on his way home from work. If Tony is charged with a crime for what reason will it not be attempt
Tony did not fail to complete the crime
Anne was down on her luck and began a plan to rob a convenience store. She began watchingthe business during various shifts from her car across the street in order to learn the routines of the employees and develop the best plan possible. She went as far as to borrow a small surveillance camera from a friend and place it discreetly inside the store so it could be remotely monitored. On the day she planned to complete the offense she was again watching the business from the safety of her car. She started to regret her plan and decided she couldn't go through with it. She sat in her car and called a friend for some support. The employee inside had noticed the car and began feeling nervous. She subsequently notified the police. If the police question Anne about her plan which of the following may she offer in her defense
abandonment
_____assist those who are present and carry out the crime
accessories
______ are individuals who knowing that a crime has been committed, assisted the perpetrators
accessories after the fact
_____ are individuals who help in preparing the crime
accessories before the fact
liability holds individuals responsible who affirmatively aid and abet a criminal act with purpose
accomplice
the ___ of accomplice liability is satisfied by even a relatively insignificant degree of material or psychological assistance
actus rues
a conviction for accomplice liability requires that a defendant both ______ and ____
assist and intend to assist the commission of a crime
The joint or _____ conception of conspiracy means that a charge of conspiracy against one conspirator will fail in the event that the other party to the conspiracy lacked the required mens rea.
bilateral
26. Which of the following statements is false? a. A mistake concerning facts is a defense b. A mistake concerning law is not a defense c. Both a and b d. Neither a nor b
both a and b
A form of conspiracy that involves communications and cooperation by vertically connected individuals to achieve a criminal objective
chain conspiracy
A form of conspiracy that typically arises on cases of narcotic or contraband distribution
chain conspiracy
A form of conspiracy that involves single person or a group that serves as a hub connecting various, independent individuals or group
circle conspiracy
both principals and accessories were punishable as felons under what
common law
A(n) _____, but imperfect attempt occurs when an individual take every act required to commit a crime and yet fails to succeed
complete
The crime of _____ is comprised of an agreement between two or more persons to commit a criminal act
conspiracy
a _______ may be held vicariously liable under a statute where there is a legislative intent to impose vicarious liability for the act of an employee or corporate agent
corporation or corporate office
Juan was a high-ranking member of the gangster disciples who was imprisoned in a maximum security federal facility. He regularly calls lower ranking members and instructs them to do his bidding on the street. Juan recently called a member and instructed him to do a drive byshooting at the home of a fellow member who has been associating with a rival gang. What theory will extend criminal liability to Juan
derivative liability
True or False? Accessories were actually present and carried out the crime while principals assisted the accessories
false
True or False? An incomplete attempt occurs when an individual takes every act required to commit a crime and yet fails to succeed
false
True or False? Holding individuals accountable for intentionally assisting the criminal acts ofanother is termed principal or principal liability
false
True or False? Parental responsibility statutes do not hold parents responsible for the failure to take reasonable steps to prevent their children from engaging in serious or persistent criminal behavior.
false
True or False? The crime of conspiracy is comprised of a single person planning to commit a criminal act
false
True or False? The mere presence rule provides that being present and watching the commission of a crime is sufficient to satisfy the actus reus requirement of accomplice liability
false
True or False? The modern view is that since accessories after the fact are involved followingthe completion of a crime, they should be treated as harshly as the perpetrator of the crime or accomplices.
false
True or False? The plurality conception of conspiracy means that a charge of conspiracy against one conspirator will fail in the event that the other party to the conspiracy lacked the required mens rea
false
True or False? The subjective approach focuses on the danger to society presented by a defendant who possesses a criminal intent
false
True or False? There are two major legal tests for the actus reus of attempt
false
True or False? Under modern law, both principals and accessories are punishable as felons
false
True or False? Vicarious liability is used to hold the owners of automobiles liable for traffic tickets issued to their automobiles
false
true or false? The prosecution must establish that the assistance provided by an accessory was essential to the commission of the crime
false
. _____ attempt arises where the perpetrator makes a mistake, such as aiming and firing the gunonly to realize that it is not loaded
impossible
_____ arises when an individual mistakenly believes that he or she is acting illegally
legal impossibility
the _____ rule provides that being present and watching the commission of a crime is not sufficient to satisfy the acts reps requirement of accomplice liability
mere presence
What provides that being present and watching the commission of a crime is not sufficient to satisfy the actus reus requirement of accomplice liability
mere presence rule
an accomplice to an offense can be held as an accomplice for acts that are ____ outcomes for the original offense
natural and probable
45. Ava and a friend decide they are going to go to the fireworks on July 4th and steal as many phones as they can from spectators as they take photographs of the fireworks in the dark. They successfully take 2 or 3 without the somewhat inebriated individuals putting up much of a fight. During her final attempt to take a phone the victim starts to put up a fight and they each begin throwing punches. The friend finds a rock nearby and throws it at the head of a victim, leaving her unconscious and in a coma. If the victim dies, although Ava did not throw the rock, under what doctrine may she be held accountable
natural and probable consequence
the______ doctrine provides that a person encouraging or facilitating the commission of a crime will be held liable as an accomplice for the crime he/she aided and abetted as well as for the crimes that are likely and feasible outcome of the criminal conduct
natural and probable consequence
40. Dante recently bought a new Mustang GT. He loves his car. His little brother just turned 16 and hasn't saved up enough money to buy a car of his own yet. The brother asks Dante to borrowthe car. Dante agrees but insists on riding along to make sure everything goes smoothly. Dante sleeps in the passenger seat as his brother runs his errands. They stop at the grocery store and the brother walks out without paying for his entire cart full of groceries. The store employees are unable to stop the brother but they do get the license plate of the mustang as it pulls away. Will Dante be considered an accessory after the fact for providing the getaway car
no he did not participate in any way to the commission of the crime
Jordan and Valentina were selling imitation designer handbags on the streets of Chicago. Ina buys a bag thinking it is the real thing and makes sure to proudly display it in front of all. Later that day she sets it on the seat next to her in her subway car. The bag is stolen by Nina who runs out of the train car and onto the bustling platform. Ina follows Nina and attempts to take back thebag. Joe comes to Ina's defense and wrestles the bag from Nina. When the altercation is all said and done Nina goes home with the bag. Joe helped her wrestle it from Ina. And Ina goes home bagless. May Joe be considered an accessory after the fact
no, he had no knowledge Ina committed the crime
Which is not a justification for the defense of abandonment a. An individual who abandons a criminal enterprise lacks a firm commitment to complete the crime b. Individuals who abandon criminal behavior should be permitted to avoid punishment c. The availability of the defense provides an incentive for individuals to renounce the conduct before the completion of the crime d. none of the above
none of the above
Which of the following is not an element of criminal attempt a. An intent or purpose to commit a crime b. An act or acts toward the commission of a crime c. A failure to commit the crime d. None of the above
none of the above
The _____ is the legal test of attempt that requires an act that comes extremely close to the commission of the crime
objective approach
The _____ test follows an objective approach and provides that an attempt occurs when an act is "very near" the completion of a crime
physical proximity
the _____ rule provides that a conspiracy to commit a crime itself are separate and distinct crimes
pinkerton rule
______ are actually present and carried out the crime
principals
The common law divided the participants in a crime into _____ and _____.a. principals, accomplice
principals and accessories
. _____ prohibits punishing an individual for a crime that is the product of his or her imagination
principle of legality
Deirdre planned to bomb her high school. She enlisted numerous friends to help her plan and carry out the attack. Jonathan helped her build the bomb but did not participate in setting it off at the school. Tammy acted as a lookout when she placed and detonated the bomb in the school. Kevin drove her to the school and served as the getaway car after detonation. Samantha, her protective little sister, threw away the diagrams and information she found in Deirdre's bedroom days after the incident occurred. Which of these individuals will be charged with the least serious offense?
samantha
_______ laws hold adults liable for providing liquor in their home to minors
social host liability
_____ is defined as commanding, hiring, or encouraging another person to commit a crime
solicitation
which feature of the modern view of accessories after the fact
spouses are no longer immune from prosecution
Janice is actively planing to rob a bank. On the day the crime was to take place she makes it tothe bank and inside but as she waits in line to see a teller the fire alarm goes off and everyone exists the building. She does not go through with her plan. Which legal test of attempt focuses onJanice's intent rather than her act
subjective approach
The Model Penal Code _____ approach states that to constitute an attempt that an act must bea clear step toward the commission of a crime
substantial step
_____ declare that it is criminal for an adult to host a party for minors where alcohol is served
teen party ordinances
Which is not a component of the actus reus of conspiracy
the completion of a criminal act
the mens rea of accomplice liability requires the dual intents of ___ and ____
the intent to assist the primary party; the intent to assist the primary party commit the offense
True or False? A mistake concerning the law is a defense
true
True or False? Abandonment is a defense to attempt where an individual freely and voluntary undergoes a change of heart and abandons the criminal activity
true
True or False? Individuals who assist in the commission of a crime are held liable for the criminal conduct of the perpetrator of the offense
true
True or False? Inherent impossibility occurs when a defendant cannot possibly achieve the desired result.
true
True or False? Roughly 17 states and cities have parental responsibility
true
True or False? Social host liability laws hold adults liable for providing liquor in their home to minors in the event that an accident or injury occur
true
True or False? The Model Penal Code states that to constitute an attempt, an act must be a clear step toward the commission of a crime
true
True or False? The Pinkerton rule provides that a conspiracy to commit a crime and the crimeitself are separate and distinct crimes
true
True or False? The objective approach requires an act that comes extremely close to the commission of a crime
true
The _____ test asks whether an ordinary individual observing the defendant's acts would conclude that the defendant clearly and indisputably intends to commit a crime
unequivocality
_____ liability imposes liability on an individual for a criminal act committed by another
vicarious
______ liability is imposed to hold employers and businesses executives and corporations liable for the criminal acts of employees
vicarious
42. Which legal concept holds parties liable for criminal conduct based on their relationship to the perpetrator of a crime?
vicarious liability
_____ rule proves that an agreement by two persons to commit a crime requires that the voluntary and cooperative action of two persons cannot constitute a conspiracy
wharton's rule
