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