Crim 420 Midterm Review

Which of the following might cause as "assault" to be treated as an "aggravated assault?"

- A big difference between the age of the offender and the victim - Use of a deadly weapon - Seriousness of potential injury (All of the above)

In many states, gang activity is criminalized as

- An independent offense - An enhancement to another offense (Both A & B)

The constitutionality of a criminal statute can be attacked

- By saying the statute is unconstitutional on its face - By saying the statute is unconstitutional as applied (Both A & B)

Justification defenses include which of the following

- Castle Doctrine - Self-defense - Execution of public duties (A, B, & C)

Timothy McVeigh was convicted of

- Conspiracy to use a weapon of mass destruction - Use of a weapon of mass destruction - Murder (A, B, & C)

A person may be guilty of aiding and abetting a criminal act if he/she

- Drives the getaway car after the crime is completed -Helps conceal the weapon after the crime is complete - Serves as a lookout during the commission of the crime (All of the above)

Which of the following has NOT been found to be a deadly weapon by a court?

- Guns - Hands - Feet - Sticks (All of the above have been found )to be deadly weapons)

Consent cannot be given by a person who is

- Intoxicated - Incompetent - Incapacitated (All of the above)

Which of the following crimes occur under circumstances involving "constructive possession?"

- Joe withdraws all of Sue's money from Sue's bank account without her knowledge or permission. - Joe takes Bob's bike that Bob left in the bike rack outside of his school without his knowledge or permission. - Mike leaves his lawnmower in his front yard, with the key in the ignition. Joe rides Mike's lawnmower away and keeps it with the intent to retain it permanently (without Mike's knowledge or permission). - Joe rides Jane's horse off into the sunset, never to return without her knowledge or permission. (All of the above. Joe is a bad guy)

Government can criminalize which types of speech?

- Obscenity - Fighting words - Incitements to riot (All of the above)

Federal law says that which may be actionable forms of stalking?

- Sending emails - Making telephone calls - Texting - Following someone to and from their place of employment (All of the above)

Consent can operate as a defense in cases involving

- Sexual acts - Acts that do not involve serious bodily injury - Sporting events (All of the above)

Which of the following types of laws have been criticized for discriminating against homeless and unemployed people?

- Sit lie laws - Loitering laws - Vagrancy laws (All of the above)

Pennsylvania recognizes which of the following crimes

- Stalking - Hazing - Harassment (All of the above)

Joe can be found guilty of felony murder if a person dies in Joe's presence while Joe is

- burglarizing a building - Robbing a bank - Leaving a building to which he set fire - Speeding in a vehicle to escape the police (All of the above)

Which of the following is a type of harm recognized by the criminal law?

- physical injury - fear - loss of property - injury to society (all of the above)

The Magna Carta was created in ________.

1215

Much of our state and criminal law can be found in which Title of the federal code books?

18

Historically, there were seven elements to LARCENY. Which of the following was NOT one of those elements?

A conversion of property

The Athenians are credited with introducing the concept that

A private action can cause a public harm

If someone is aiding and abetting the commission of a crime, they also may be said to be a/an

Accessory and accomplice to the crime (A&B)

In a case brief, the SUBSTANTIVE HOLDING:

Answers the issue question and establishes the law of the case

Good Samaritan laws protect people from liability under what doctrine?

Assumption of the duty

Which of the following is NOT a type of tort?

Breach of contract

Crime may be defined as an act in violation of the criminal law for which punishment is prescribed where the person committing the act intended to do so and had no ___________ or _______________ (fill in the blanks).

Defense; justification

If the prosecution does not meet the burden of proof as to every element of a defense, then the defendant may raise what kind of defense?

Denial or failure of proof

In the documentary you watched this week, federal agents were trained by ________________ to investigate cyber forensics.

Department of Defense

A drunk man points a gun at Joe's head and tells Joe he will shoot Joe's cat if Joe does not break the lock off of Sue's barn door. Joe may invoke what defense?

Duress

"Blood vengeance," as described in your lesson, developed through Anglo-Saxon traditions and ___________ law.

English

The ________________ Clause of the Fourteenth Amendment prevents government from arbitrarily discriminating against groups or classes of people.

Equal protection

The Rosenberg case, the Hanssen case, and the Arogoncillo case, in which people transmitted secret information to foreign governments, are used in your text as examples of ____________.

Espionage

John Hinkley. Jr. claimed he was insane at the time he shot President Reagan and killed James Brady. John Hinkley's defense is an example of a/an _______ defense.

Excuse

A bill of attainder makes conduct illegal retroactively.

False

All courts have adopted the Pinkerton rule, which relates to conspiracy law.

False

All states have a "born alive" requirement for findings of murder.

False

Bribery and extortion are the same thing.

False

Criminal laws are the same in every state.

False

Defense of a third party is an excuse defense.

False

Domestic terrorism can only be committed by persons seeking to overthrow a government.

False

Hate crimes statutes are unconstitutional.

False

Homicide is always a crime.

False

Jane hired Maude to clean her house, but then refused to pay her. She is not guilty of theft because there was not contract.

False

Joe thinks he hears a baby crying so he kicks in the door to someone's home with the intent of rescuing a child. Upon entry, he discovers a stack of $100 bills on the kitchen counter. He takes the cash and leaves. He is now guilty of burglary.

False

Mala prohibita crimes are those that are inherently wrong and universally understood to be bad acts.

False

Money laundering is a form of battery.

False

Most courts find that words and gestures are sufficient provocation to reduce a conviction from murder to manslaughter.

False

Nude dancing is never prohibited by criminal statutes.

False

President Obama rescinded most of President Bush's terrorism policies.

False

Prohibitions against ex poste facto laws apply to civil and criminal laws.

False

Solicitation only relates to sex crimes.

False

Tennessee v. Garner is a famous Supreme Court case that concerns the castle doctrine.

False

Terrorism first occurred in 2001.

False

The Code of Hammurabi was the first and only ancient criminal code.

False

The Lindburgh baby kidnapping involved a situation that we commonly refer to as "child snatching" today.

False

The United States has never used extraordinary rendition.

False

The legislature plays a very insignificant role in the criminal justice system.

False

There is a bright line test that says that anyone with an IQ under 70 is intellectually incompetent.

False

Words are never crimes because they are protected by the First Amendment.

False

Juveniles' records are sealed in all states, so they never have to register with sex offender registries.

Fasle

Joe works for the Centers for Disease Control. He steals a vial of small pox to sell on the black market. As he is riding the subway home from work, he drops the vial, releasing small pox into the air. Three passengers die from small pox. The highest degree of homicide for which Joe probably is guilty is ______________.

Felony murder

Unlawful assembly statutes have been attacked on ________ Amendment grounds

First

The due process clause of the United States Constitution was made applicable to the states by the ________ Amendment.

Fourteenth

Bob and Seth are racing to the edge of a field. Bob throws a spear at Seth's foot, intending to impale Seth into the earth and prevent Sam from winning the race. The arrow hits a major artery in Seth's leg, and Seth dies. If we know that Bob only intended to hurt Seth and not to kill him, then we say that Bob had ___________ intent.

General

Victims advocates can do which of the following

Go with victim to court

Which of the following is NOT an inchoate offense

Homicide

According to your text, several states including North Carolina list heroin as a Level ____ drug, and marijuana as a Level ______ drug.

I; VI

The Model Penal Code is important because

It provides a model for laws even though it is not, on its own, enforceable law

Which of the following is NOT an example where transferred intent would apply?

Joe shoots a gun at Bob and hits Bob.

The process by which courts review the constitutionality of a statute is called

Judicial review

Jerome and Jerry are at a party. Jerome leaves to go to the bathroom, and Jerry secretly follows Jerome. Once they are alone in the hall leading to the bathroom, Jerry grabs Jerome from behind, shoves Jerome into the wall, and pulls a gun on him. Jerome retrieves a knife from his waistband, stabs Jerry, and runs away. Jerome is charged with assaulting Jerry. Jerome says he was acting in self-defense. This is an example of a/an ___________ defense.

Justification

Under safe haven laws, people may do what without fear of being prosecuted?

Leave a baby in a repository

In civil cases, the wrongdoer may found ______________ for _____________.

Liable; damages

In the video Ted Talk, Professor Levenson describes a case involving a physical altercation between two groups who have a confrontation in ________________.

Los Angeles

All of the following are types of murder EXCEPT which one

Lunacy

Joe knows he has HIV, and he has unprotected sexual relations with Pat without telling Pat that he has HIV. Joe did not tell Pat because he did not want for Pat to reject him. Pat contracts HIV and dies from AIDS. Joe might be guilty of ________________

Manslaughter

Whose death prompted Theodore Roosevelt to announce that anarchism was "a crime against the whole human race?"

McKinley

The name of the young woman who is associated with sex offender registry laws is __________.

Meghan

What is another name for sex offender registry laws?

Meghan's Laws

In most states, prostitution is a

Misdemeanor

Which of the following does NOT have to be proven beyond a reasonable doubt?

Motive

Sally finds out that Florence is having an affair with Sally's husband. Sally tells Florence that she will take out a contract on Florence's life of Florence does not pay Sally $10,000 immediately. Florence pulls out a pistol and shoots Sally. Can Florence invoke the defense of self-defense?

No, because Sally's threat was no imminent

Simone and Tyler are playing chess. Tyler makes a stunning move and achieves checkmate. Simone gets irritated and throws one of the pawns at Tyler. Tyler is insulted, pulls out a knife, and stabs Simone. Tyler says that the stabbing was justified and asserts provocation as an affirmative defense. Is Tyler correct?

No, because provocation does not justify excessive force.

A crime is an act committed in violation of a law prohibiting it or _______ in violation of a law ordering it.

Omitted

Assisted suicide is legal in

Oregon

Serena takes a photograph of her new born infant in the bathtub. The baby's genitals are not visible, but the baby is clearly naked. She sends the photograph to her parents, and a nosy neighbor sees the picture on the parents' digital photo frame. The nosy neighbor calls the police and reports Serena for violating the statute that says that it is illegal to "take nude photographs of anyone under 18." This statute is most likely

Overly broad

Substantive law prescribes what people should do and proscribes what

People should not do

A ____________ defense results in an acquittal.

Perfect

Courts follow the doctrine of stare decisis and follow precedent in order to promote _________________ in the law.

Permanency and predictability (A&C)

In CIVIL litigation, the injured party is called the ________ and the wrongdoer is called the _____________.

Plaintiff; defendant

First degree homicide statutes are the only homicide statutes that require the element of

Premeditation

_______________ is the intentional destruction of property for the purpose of interfering in the government's ability to wage war or conduct national defense.

Sabotage

"Burglary" can arise under which of the following circumstances?

Someone breaks into a house and removes the resident's jewelry.

Embezzlement occurs when

Someone converts someone else's property for his/her own use for permanent gain.

If a defendant had the desire to cause the result of his/her actions, then he/she has

Specific intent

A statute that involves a fundamental right is subject to what level of scrutiny by the courts?

Strict scrutiny

In the Cheshire murder cases, which family member did not die?

The Father

Justinian Law, which is an ancient form of codified law, derived from

The Roman Twelve Tables

If a court is not certain whether the legislature intended for a crime to be strict liability, the court should consider

The legislative history and the plain meaning of the language (A&B)

Two famous cases that led to the development of current hate crimes statutes involved

The murders of a gay man and an African American man

Which of the following is not an element of state terrorism law?

The objective is to obtain money from private bankers to fund future terrorist acts

Which of the following is NOT true about the Hawala system?

This system violates terrorism laws but is acceptable under money laundering statutes.

_________________ is the only crime specifically mentioned in the Constitution

Treason

A battery is an unlawful touching.

True

A bill of attainder targets a specific group for governmental sanction without a trial.

True

A co-conspirator can be held responsible for the actions of others in the conspiracy, even if the conspirator is not aware of those actions.

True

A person may be "kidnapped" if they are removed from the street with force and taken to their own home.

True

An affirmative defense raises a new issue, for which the defendant bears the burden of proof.

True

Assisted suicide is a form of murder in some states.

True

At common law, "burglary" required a breaking and entering of a home at night time.

True

At least one jurisdiction defines "kidnapping" as concealing the whereabouts of a person.

True

Battered women's syndrome is an example of an excuse defense.

True

Criminal LAW defines the rights and obligations of individuals in society.

True

Extortion may also be known as blackmail/ or a component of blackmail.

True

Fighting words are illegal if they create a clear and present danger.

True

George Zimmerman invoked a form of the castle doctrine as part of his defense in the Trayvon Martin murder trial.

True

If a person is mentally incompetent, then he/she may not have the ability to form mens rea.

True

If you buy a watch from a man on a street corner in New York who has 30 watches of various brands dangling from his coat, you might be guilty of receiving stolen property.

True

In involuntary manslaughter, the death was not intended but arose from severely reckless conduct.

True

Jim was shot in 1980. He died in 2014 as a consequence of the injuries he sustained from the shooting. In many jurisdictions, the shooter can be charged with murder.

True

Joe sneaks up behind Sue, blindfolds her, puts her in his trunk, and takes her to the woods where he plans to release her after "scaring her a bit." Sue dies in the trunk. Joe has committed murder under the statute.

True

Legal causation is different from factual causation.

True

Manslaughter is a form of homicide.

True

Many states combine "assault" and "battery" into one crime called "assault."

True

Many states require convicted kidnappers to register in sex offender registries, regardless of whether their crimes included a sexual component.

True

Rape is a form of battery.

True

Self-defense is a justification defense.

True

The "Twinkie defense," in which the defendant claimed to be incapacitated by an insulin overdose, is an example of an excuse defense.

True

The defendant must know that the statement he/she made is false in order to be guilty of theft by false pretenses.

True

The oldest common law theft crime is larceny-theft.

True

The right to privacy was first established in a case that concerned birth control.

True

Under rape shield laws, many states allow testimony about the victim's prior sexual relationship with the defendant.

True

Under the fleeing felon rule, police may use deadly force to stop a fleeing suspect if the police reasonably believe that the fleeing felon poses an imminent threat to others.

True

A taxi company that knowingly allows its driver to operate a vehicle with bald tires may be __________ if someone is injured in a crash resulting from the bald tires.

Vicariously liability

In CRIMINAL cases, the injured party is called the ________ and the wrongdoer is called the _____________.

Victim, defendant

A statute that is so unclear that people "of common intelligence must guess at its meaning is

Void for vagueness

In People v. Gasparik, the defendant attempted to commit larceny by

Wearing a leather jacket out of a store without paying for it.

All of the following are elements of ROBBERY except

While committing a battery

Who said "the past is never dead. It is not even past."

William Faulkner

State v. Rothenberg established that

a person who consents to sex after being set free from a situation involving false imprisonment has not been raped

A law that attempts to make a previous act criminal "after the fact" is called

an ex poste facto law

Which of the following is NOT an example of disorderly conduct?

calling a person obscene names while dining out at a local restaurant

A "canon of statutory construction" is a

guide for interpreting legislative intent

Extortion is similar to robbery, but extortion is different because it

involves a threat of future harm instead of imminent harm

State terrorism usually is pursued in order to

pursue a state's or country's goals against another state or country

In Smith v. Doe (2003), the Supreme Court upheld Alaska's version of Meghan's Laws over what objection

that they were illegal ex post facto laws

Which of the following actors cannot be found to be complicit in an armed bank robbery?

the customer who held the door for the robbers as they entered the building