CRM 210 Ch. 4 ASSESSMENTS

Which of the following is an example of a first-degree murder?

Alfred waits outside his supervisor's house and shoots him when he drives up.

Which statement regarding case law is true?

Case law is the body of judicial precedent that serves as a guide to decision making, especially in the courts.

Officer Barton posed as a customer to arrest a drug dealer. He purchased drugs from the dealer and then arrested him. Which procedural defense would the dealer most likely use in court?

Entrapment

George has killed his friend Sam. Which characteristic of the crime would lead the prosecutor to charge George with manslaughter instead of murder?

George acted negligently when he killed Sam.

Which scenario is an example of espionage?

George is a civilian working for the U.S. Army. He is told to deliver a briefcase containing the locations of key secret U.S. military deployments to the Pentagon. He loses the briefcase and it is later found by a Russian agent.

Do you agree more with the pro or con position of this argument.

I agree more with the pro position on this issue. Like my last response, I agree that all speech is free speech, including hateful or violent speech. This speech allows us to grow and voice our opinions. There are limitations to this speech like all constitutional rights, like the speaker said. But it should only be acted upon if there is a high likelihood that the speech will lead to unlawful or criminal acts against and individual or the public.

Read the box "Freedom or Safety? You Decide: Should Violent Speech Be Free Speech?" Do you think violent speech should or should not be free speech? Explain your reasoning.

I do believe that violent speech should be free speech. While it is always not the best to say or do to an individual, it is a way of expressing oneself. I believe that without the ability to freely express yoursel, then anger and violence would come out in other ways more often. Violent speech is allowed, but also has limitations. You cannot yell "Fire" in a crowded theatre for fun, and there are limitations on threats, but in all, people can talk violently without many repercussions.

Three states do not allow the use of the insanity defense. Do you agree with this or do you think the insanity defense is necessary? Explain and support your opinion.

I think the insanity defense is 100% necessary for those that truly are not fit to stand trial and for those who are fighting against a mental illness if they never received help, or those who have been diagnosed with a mental illness and were known to have violent tendencies, etc. There are many other circumstances that need the insanity defense, and this defense also allows people to be more understood in why they committed their crimes.

Which statement is true of a strict liability offense?

It makes it a crime to do something regardless of the offender's intent to violate the law.

Jean was arrested for disturbing the peace. Which sentence will she most likely receive?

Jean will be fined and sentenced to six months of supervised probation.

Kelly is window-shopping on Main Street with her 10-month-old son, who is in a stroller. While walking down the street, Kelly runs into her friend Carol and they begin talking. They step away from the stroller to look at a display of shoes in a nearby shop window. While they are looking at the shoes, the stroller rolls down the sidewalk and into the street, where it is hit by a passing car. Kelly may be prosecuted based on which type of mens rea?

Negligent

Which scenario best illustrates the doctrine of transferred intent?

Oscar is robbing a bank. When the security guard attempts to stop him, Oscar shoots the guard. However, he has never used a gun before and accidently shoots and kills the bank teller instead.

Officer Simons knows that Joey has been dealing drugs outside a local elementary school but has been unable to obtain enough evidence to arrest him. Frustrated, Officer Simons plants drugs on Joey and then arrests him for possession. Which defense should Joey use?

Police Fraud

Which scenario best illustrates the use of an excuse as a legal defense?

Ruth, who is accused of aggravated assault, testifies that she was intoxicated at the time of the crime because her boyfriend had spiked her drink without her knowledge.

Which statement best describes how the M'Naghten Rule concerning the insanity defense operates in many state jurisdictions?

The M'Naghten rule holds that a person is not guilty of a crime if, at the time of crime, the person didn't know what he or she was doing was wrong. The burden of proving this version of the insanity defense falls on the defense.

Which scenario falls under administrative law?

The emissions at Sarah's factory exceed the established pollution limits.

Jason is furious when Mark fires him. To get revenge, Jason calls his old high-school buddy Lucas and offers him $5,000 to torch Mark's house. Although Lucas refuses, Jason is most likely guilty of _____.

an inchoate offense

In the country of Argonia, traditional law based on unwritten historical precedents is used to interpret many legal issues in the country. Argonia is using _____ law.

common

The defense of alibi is different from other types of defenses to a criminal charge because it involves a(n) _____ defense.

innocence

After enduring years of violent and sexual abuse by her husband, Sonya kills him. She uses the defense of _____ when charged with his murder.

provocation

Alex was convicted based on evidence the police obtained when they searched his home. Alex asked the court to overturn the conviction because, due to a typo on the search warrant, the address specified on the warrant was not his house. The judge ruled that the search was valid, based on the "good faith" doctrine that was developed by the U.S. Supreme Court in the landmark case of United States v. Leon (1984). Which legal principle did the judge follow in her ruling?

stare decisis

A(n) _____ does not require a culpable mental state and is an exception to the requirement that all crimes require a concurrence of mens rea and actus reus.

strict liability offense

According to the American Bar Association, the rule of law includes _____.

substantive and procedural limitations on governmental power in the interest of the individual