Criminal Law 2
What do prosecutors have to prove to get a conviction for lesser degrees of murder than first-degree murder?
A and B only
Which of the following are examples of trafficking in persons?
A and B only.
Which of the following pieces of evidence would be admitted under rape shield laws?
A and B only.
Which of the following meet the UCR's definition of sexual assault with an object (prior to 2013)?
A broomstick inserted into the victim's vagina against her will
Which of the following are examples of robbery?
A mugger grabs a person by the jacket collar and demands money.
Under the Model Penal Code, rape in the first degree occurs if the perpetrator
A or B.
In a rape case, prosecutors must prove
A, B, and C.
Rape under Common Law never allowed for:
A, B, and C.
Which of the following are necessary to prove a "heat of passion" defense?
A, B, and D are correct
Under Oregon's Death with Dignity Act, which of the following would constitute a legally assisted suicide?
After obtaining statements from two doctors attesting that a man had less than six months to live, that he has freely chosen to die, and he is able to make critical health decisions, a doctor provides the man with sufficient pills to end his life.
A person under the ___________ of consent is said to lack the capacity to consent to sexual acts.
Age
A eighteen year-old boy is dating a fifteen year-old girl and they are sexually active. He is more than three years older than she is. Under what set of state laws would the boy be committing strict liability forcible sodomy?
Age of consent 14, age difference 3 years
An attack where the perpetrator intends to inflict severe bodily injury on the victim is ______________.
Aggravated
A man spoke to your client about murdering a friend. Initially, your client agreed to help, but later had second thoughts. He told the man he wanted no part of it. The man carried out the crime anyway and then implicated your client. The prosecutor charges your client with Felony Murder. What defense could you present?
All of the above
Which of the following scenarios constitutes forcible fondling?
All of the above
A theft made by force or threat of force by a person carrying a weapon is an ______________ robbery
Armed
An act of force or threat of force intended to inflict harm upon a person is an example of an ______________.
Assault
Euthanasia refers to:
B and C only.
Which of the following are true statements?
B and D only.
Which of the following is/are true about dying declarations?
Both C and D are true
Which of the following are true about the Common Law concepts of assault and battery?
C and D only.
Which of the following statements is NOT true of corpus delicti?
Circumstantial evidence alone can never be sufficient to show that a crime has been committed
The _________ Law defines rape as forced sexual intercourse with a woman, not one's wife.
Common
A defendant who argues the victim agreed to have sex is using the ________ defense
Consent
Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person without the _________ of the victim constitutes rape under the new UCR definition
Consent
A defendant charged under the felony murder rule is often also be charged with criminal _________.
Conspiracy
The crime where a person requests or encourages another to perform a criminal act is ______________.
Criminal solicitation
A criminal act performed with the aid of a computer is a ______________.
Cyber crime
To avoid having the statute of limitations expire on some sexual assault cases, some states allow prosecutors to file charges against a __________.
DNA profile
What is the name of the rule stating that use of a deadly weapon is proof of intent to kill?
Deadly Weapon Doctrine
Which of the following governmental agencies does NOT have a legitimate right to investigate domestic cyber crime?
Department of Agriculture
A man had decided to kill his wife for the insurance money. The couple went to an extremely crowded festival, where he cunningly pulled a small gun from his pocket and shot at his wife. He was certain that no one would see him do this among such a crowd. But his plan went wrong when his wife moved to the left and the bullet struck (and caused the death of) another person.
Doctrine of Transferred Intent
A man raped at gunpoint would be a rape victim under the Common Law definition of rape.
False
A murder that is committed out of necessity or duty without any criminal intent is called excusable homicide
False
A person hiring a hit man to commit murder is an example of transferred intent.
False
A person leaving a gun unlocked and unattended could be guilty of assault
False
A person stealing an unattended purse is robbery.
False
A victim's consent to engage in oral sex is sufficient for a defendant to assume vaginal sex is consensual as well.
False
According to the Supreme Court in the Apprendi decision, judges may enhance sentences if they find the crime committed was a hate crime.
False
Adults can use the consent defense to forcible fondling charges even when the victim is a child
False
An attack on a person following an argument, with no weapon used, is aggravated assault.
False
An essential element of kidnapping is that the kidnapper demand a ransom
False
An essential element of solicitation is that the person solicited actually commits the crime.
False
Consent is always a defense to rape
False
Courts always accept dying declarations as true.
False
Defendants can have video surveillance evidence dismissed as an invasion of privacy.
False
From a prosecutor's point of view, circumstantial evidence is always better than direct evidences.
False
Hate crimes are a new category of crimes which usually punish an act motivated by hatred or bigotry against a group, by making the sentence longer than if the motivation for the crime was something other than hate or bigotry
False
If a person cuts you off on the highway and then makes an inappropriate hand gesture in your direction, and you then follow him to his place of business and shoot him (causing him to die), you can legally claim to have done so in the heat of passion.
False
In order to charge a person with murder, there must be a dead body to show that a crime has actually been committed in the first place.
False
Incest is generally defined as sexual conduct between a father and a daughter.
False
Oral sex can never be rape.
False
Pickpocketing is an example of robbery.
False
Rape shield laws prohibit chastity belts.
False
Sentences for manslaughter are much more severe than those for firstdegree murder
False
Stalking can be a type of assault.
False
The FBI is the only federal agency that fights cyber crime.
False
The consent defense is never available for sexual assault with an object.
False
The fact that a woman discussed having a sexual relationship with the man she is accusing of raping her can never be admitted under rape shield laws.
False
The killing of a person in extreme pain and/or suffering from an incurable sickness is called a living will.
False
The rule that a death which occurs by accident or chance during the course of the commission of a felony will be classified as first degree murder is called the "Unintentional Murder Rule."
False
The two major types of trafficking in persons are sex trafficking and drug trafficking
False
To get a theft conviction, prosecutors must prove the defendant threatened the victim.
False
What rule, based on the res gestae theory, states that if a person is murdered as part of a conspiracy or group act, then everyone involved in the act is responsible for the murder?
Felony Murder Rule
Sexual touching of another person without permission is known as forcible _________
Fondling
An attack motivated by hatred of a person's race is a ______________.
Hate crime
Proving the defendant committed the crime in the _________ can often result in reducing murder charges to manslaughter
Heat of Passion
A driver believed to be responsible for a death in a traffic accident can be charged with ___________.
Homicide by vehicle
Homicide is the killing of a _________.
Human Being
Which of the following is NOT true about armed robbery?
If an armed robber wounds someone in the course of a robbery, he must be sentenced to life in prison.
Your client was involved in a fight that left the victim in a coma. You negotiated a plea bargain resulting in a five-year jail sentence for your client. Eighteen months after the incident, the victim dies. Now prosecutors are charging your client with murder. What should you do?
If you are in a state where the Year and a Day Rule is in effect, argue that it precludes your client being charged for murder
Sexual relations between close relatives constitutes the crime of _________.
Incest
Which of the following is true concerning video surveillance?
It is legal because individuals have no reasonable expectation of privacy in public places
The crime of taking and detaining a person against his will by force, intimidation, or fraud is ______________.
Kidnapping
Which of the following is true concerning kidnapping and abduction?
Kidnapping is the crime of taking and detaining a person against his will by force, intimidation, or fraud
A document setting forth directions regarding medical treatment should the person become unable to participate in health care decisions is called a ___________.
Living will
A woman who claims her husband sexually assaulted her can file charges of ________ rape.
Marital
A defendant accused of statutory rape can assert the __________ defense if he believed the victim to be older than she was
Mistake of age
Which of the following would be considered rape under the Unified Crime Report's new definition?
Non-consensual intercourse with another person
Which items would be admitted into evidence for the defense under a rape shield law?
Nude photos of the victim she voluntarily sent to the alleged assailant's cell phone hours before the alleged rape
Which is true of rape shield laws?
Provide that the defense cannot inquire about the victim's prior sexual contact with the defendant
Felony murder is based on the _________ theory
Res Gestae
A theft made by force or threat of force is a ______________.
Robbery
Which of the following is NOT an example of a cyber crime?
Sending an e-mail containing a picture of the president with a 'Hitler-style' mustache exhorting voters to vote against him in the next election.
Rape shield laws are rules of evidence that exclude a rape victim's ___________.
Sexual History
Jeremy Jones is learning disabled. Ruth Less attacks him one day with a baseball bat calling him a "retard". If a jury decides Ms. Less' actions were motivated by her prejudice against mentally challenged people, what would be the most likely result?
She would be convicted of a hate crime and have her sentence enhanced beyond what it would be simply for an assault.
The UCR's new definition of rape includes what specific acts not included under the Common Law definition of rape?
Sodomy and sexual assault with an object
An adult sends an e-mail to a child soliciting sex. If the adult is arrested, what must the prosecutor prove to convict the adult of cyber-solicitation?
That the adult sent the e-mail message and knew the intended recipient was under the age of consent.
Which of the following cannot be the motivation for a hate crime?
The clothes the victim is wearing
Which of the following is NOT true concerning the Felony Murder Rule?
The felony that was attempted or committed must have involved a conspiracy
Which of the following is NOT an example of assault?
The perpetrator brandishes an unloaded gun, but the victim believes it is loaded.
An arsonist set fire to a building. He claims to have believed the building was empty, but several homeless people were staying there. One was killed in the fire. What must the prosecutor prove to convict the arsonist of violent arson
The prosecutor must prove the arsonist set the fire and intended to kill a person by doing so.
Which is NOT an element of the crime of robbery?
The reselling of the property by the robber
The consent defense to charges of rape is most likely to work in which situation?
The victim is a female aged 21.
When a defendant injures someone other than who he intended to injure it is called _________ intent
Transferred
A male boss touching a female employee's breast on the job when she does not want him to is an example of forcible fondling
True
A mugging is an example of a robbery.
True
At Common Law, battery is the crime of inflicting physical harm on an individual.
True
Consent is never a defense to incest.
True
Corpus delicti is a term referring to the facts that show that a crime has been committed.
True
Defendants have the right to cross-examine the technician who performed the DNA analysis at trial.
True
Discharging a weapon during a robbery increases the convict's prison sentence.
True
Forcible Sodomy is a strict liability crime.
True
In order for a person to be convicted of first-degree murder, the jury must find that he/she had intended to kill the victim.
True
In statutory rape, the consent of the underage partner is irrelevant
True
Infanticide is the killing of a young or newborn child.
True
Internet Service Providers must hold e-mail for 90 days once a law enforcement agency informs them the e-mail may be part of an investigation.
True
One of the elements prosecutors must prove in rape cases is that a sex act took place.
True
Rape Shield laws prevent prosecutors from revealing the defendant's sexual past.
True
Teenagers who are the same age and over the age of consent cannot be convicted of forcible sodomy for their joint consensual sexual acts.
True
The Common Law definition of assault does not include infliction of physical harm.
True
The Deadly Weapon Doctrine states that a person's use of a deadly weapon doctrine is proof of the intent to kill.
True
The UCR's new definition of rape includes sexual assault with an object.
True
The two types of robbery are simple robbery and armed robbery.
True
Today, rape laws apply to sexual assaults directed at both men and women.
True
Two or more people who agree to commit a crime constitute a criminal conspiracy.
True
Until recently, the crime of rape did not include a sexual assault on one's wife.
True
Voluntary manslaughter is a term describing a homicide committed with the intent to kill, but without deliberation, premeditation, or malice
True
Wiring a house with dynamite with the intent to kill or harm people is an example of violent arson.
True
Setting a fire with intent to endanger a person or persons is ______________.
Violent Arson
You are investigating a crime. You discover that Joe Smith poured gasoline on the corner of his neighbor's barn while the neighbor was inside, and lit it. The neighbor's son saw the flames and doused them before they engulfed the barn. No one was injured. Your investigation also reveals that Joe Smith and his neighbor had recently argued. With what crime can you charge Joe Smith?
Violent arson because he intended to hurt his neighbor and setting the fire is the act of arson.
_________ manslaughter is a homicide committed with the intent to kill, but without deliberation, premeditation, or malice
Voluntary
You are an attorney defending Joe Smith, who has been charged with murder. The policeman who first arrived at the scene testifies that he "knows Joe Smith is the murderer" because the victim told him so before dying. What is your best course of action?
You can object and ask the answer to be stricken from the record because the policeman can testify as to what was said, but may not offer any judgment about the statement's truthfulness
An assailant attacks the victim with a knife and stabs her in the arm, then runs away. The assailant most likely will be charged with:
aggravated assault.
Under the Model Penal Code, rape is a male having intercourse with a woman other than his wife if:
all of the above
Which of the following can be evidence of "malice aforethought"?
all of the above
Which of the following statements are true concerning minimum mandatory sentences for armed robbery?
all of the above
You represent a man accused of rape. He claims the victim agreed to have sex with him, but then accused him of rape afterwards. What evidence could you introduce to support his claim?
all of the above
Which of the following is probably a case of incest?
both B and C
Which of the following may be an important piece of evidence in a rape case?
both B and C
Assault:
can be either the fear of imminent harm or actual physical harm
_________ evidence proves a fact by inference.
circumstantial
Homicide by vehicle is best classified as which of the following?
criminal negligence manslaughter
Which of the following best explains the three categories of homicide under English common law
criminal, justifiable, and excusable
Living Wills are:
document where an individual sets forth directions regarding medical treatment to be given if the individual becomes unable to participate in decisions regarding health care
The traditional definition of rape was:
forced sexual intercourse with a woman other than your wife
What is the murder of a newborn or very young child?
infanticide
The unintentional killing of a human being by a person engaged in doing some unlawful act not amounting to a felony, or in doing some lawful act in a manner tending to cause death or great bodily injury is called:
involuntary manslaughter
What type of homicide occurs when a soldier kills an enemy combatant in the heat of battle?
justifiable homicide
An intent to kill is considered _________ aforethought.
malice
Consent is a defense to incest
never
When DNA evidence is presented in court:
only the technician who processed the DNA may testify in compliance with the Constitution's confrontation clause
To get a conviction on a hate crime, the prosecutor must:
prove that the defendant committed crime and was motivated by bias beyond a reasonable doubt to the jury.
A theft made by force or threat of force where no weapon is used is a ______________ robbery.
simple
