criminal law

agreement between two or more persons

A criminal conspiracy is a(n) ________ to commit an unlawful act.

facts surrounding an

Attendant circumstances are the ________ event. proximate cause of an legal cause of an facts surrounding an corpus delicti of an

false

Bob and Ray get into an argument. Bob threatens to slap Ray. Fearful of being slapped, Ray responds by pulling a gun and shooting Bob. Ray has defended himself with reasonable force.

the irresistible impulse test

Bob is mentally ill. He is standing in a crowd of police officers watching the mayor of his city make a speech. He shoots at the mayor trying to kill him and gets a couple shots off before the police grab him. His best chance for being found not guilty by reason of insanity lies with:

duress

Bob kidnaps Ray and Ray's wife at gunpoint. Bob drives them to a bank and tells Ray to go into the bank and rob it or he will kill his wife. Ray robs the bank. Ray's defense to a charge of bank robbery is:

false

Bob mails Ray a box of poisoned candy, hoping to kill Ray. Ray's mother is home alone when the box arrives. She opens it, eats some of the poisoned candy and dies. Bob is not the proximate cause of Ray's mother's death. true or false

an ex post facto law

Bob turns 21 and goes out and buys his first six-pack of beer. The next week, the drinking age is raised to 22 and the sheriff arrests Bob for buying that six-pack. Bob is the victim of: the void-for-vagueness principle. proximate cause. an ex post facto law. the principle of legality.

corpus delicti

Bob was found with 30 brand new televisions in their original packaging in his apartment. The police thought Bob must have stolen them, but no one had reported the televisions stolen. There was not sufficient evidence of the ________ to proceed with the prosecution. legal cause corpus delicti specific intent causation in fact

false

Conduct that violates the law cannot be justifiable.

Blameworthiness

Criminal liability is the degree of ________ assigned to a defendant by a criminal court. identity motive blameworthiness general intent

true

Critics of conspiracy statutes believe these statutes increase the risk that people will be punished for what they say or think rather than for what they do.

unlawful assembly

A riot occurs when a(n) ________ makes an attempt to advance toward the commission of an act that would be a riot.

false

An accomplice to a crime is not as criminally liable as the principal.

true

Bob goes into a bank with a loaded gun to rob it. All Ray does is wait outside to drive the getaway car. Bob and Ray share the criminal liability for the actual robbery.

true

Bob has a gun he believes is unloaded. He takes the gun, holds it to Ray's head and pulls the trigger. Bob was mistaken, the gun was loaded, Ray dies. Bob's behavior amounts to criminal negligence. true or false

true

Bob hides his heroin in the basement of his home and goes to work. While Bob is at work, he is considered in possession of the heroin. true or false

espionage

Bob is an Englishman. He comes to America to spy for the Russians and unlawfully passes the Russians information about America's national defense. Bob has committed:

true

During his trial for robbery, Bob charges the bench and slaps the judge. Bob has committed criminal contempt.

necessity

For the defense of ________, the defendant claims that he or she had to commit some unlawful act in order to prevent or to avoid a greater harm.

false

General intent is a thoughtful, conscious intention to perform a specific act in order to achieve a particular result. true or false

judge

Jury instructions are directions given to the jury by the: judge. defense attorney. prosecutor. defendant.

true

Laws are written rules or action or conduct that having a binding legal force. true or false

false

Only people can be parties to crimes.

follows the rule of law

Ray is the judge's best friend and a nice man. Bob is the judge's enemy and a bad man. Ray wrongfully damages Bob's car. When Bob sues Ray, he will win because the judge: is a moral entrepreneur. follows the Rule of Law. follows the Rule of Jurisprudence. follows natural law.

true

even a psychotics person can be competent to stand trial

judicial review

the early Supreme Court case of Marbury v. Madison set out the doctrine of: jurisdiction. due process. substantive criminal law. judicial review.

property crime

Burglary is an example of a: morals offense. personal crime. public order offense. property crime.

rules that guide courts in interpreting constitutions, statutes and other laws.

Canons of construction are: rules that guide courts in interpreting constitutions, statutes and other laws. guns that in historic time protected the Supreme Court. rules that guide courts in cases dealing with construction disputes. None of the above.

true

Deadly force, the highest degree of force, is considered reasonable only when it is used to counter and immediate threat of death or great bodily harm.

true

If a defendant intended to act, but did not intend the consequence, then general intent is present. true or false

only ray can use the defense of consent for the injury he infected

In a college football game, Ray tackles Bob and breaks Bob's ankle. While they are still in the pile, Bob punches Ray in the face.

social and legal

Insanity is a(n) _____ term.

a syndrome based defense

Mary is charged with killing her husband while he slept. Her husband repeatedly beat Mary over 10 years of marriage. Even though Mary was in no immediate danger when she killed her husband, her lawyer may argue for:

false

Misdemeanors offenses are more serious than felony offenses. true or false

false

The principle of legality hold that behavior can be criminal if no law exists that defines it as such. true or false

true

To lose First Amendment protection, speech must actually cause, or be likely to cause a breach of peace.

police power

the authority of each State to enact and enforce a criminal statute is called: natural law. police power. judicial power. common law.

false

Even "fighting words" are protected by the First Amendment to the U.S. Constitution.

conviction

Generally speaking, a confession uncorroborated or unsupported by other facts is insufficient to show the corpus delicti of a crime and cannot support a(n): mental state. conviction. attendant circumstance. appeal.

model

If the state of Illinois wanted to improve its criminal laws, the state legislators could look at the ________ Penal Code for guidance. Substantive Procedural Moral Model

causation in fact

If there is an actual link between a person's conduct and the resulting harm, ________ exist(s). causation in fact proximate cause attendant circumstances legal cause

void-for-vagueness

Illinois makes it a crime to "loiter in a public park." Bob spends the afternoon sitting on a public park bench trying to decide whether to go back to college and is arrested for loitering. The law he is accused of breaking violates the ________ principle. proximate void-for-vagueness ex post facto legality

legality principle

In addition to the three fundamental aspects of crime ( actus rea, mens rea and concurrence), four additional principles are necessary to fully appreciate contemporary understandings of crime. They are causation, a resulting harm, the ________, and necessary attendant circumstances. degree of the crime legality principle void-for-vagueness principle but for rule

specifically

In order to prove the crime of conspiracy, the government is required to prove that the defendant ________ to affect the commission of the unlawful act.

mere preparation

In the context of criminal attempt, an act that fails to meet the requirements for a substantial step is called:

true

Involuntary intoxication is generally a result of an individual unknowingly ingesting an intoxicating substance.

awareness

Knowing behavior is action undertaken with: awareness. a reasonable doubt. negligence. scienter.

false

Mere preparation to commit a crime is generally sufficient to constitute the crime of attempt.

false

Natural Law is a construct that says that the law is enforced by the government. true or false

choice between good and evil.

One rationale for the infancy defense is that children are too young to make a conscious:

false

Possession in which one may or may not be aware of what he or she possess is known as actual possession. true or false

false

Ray earns his living buying drugs from Bob and then selling the drugs on the street. Ray meets with Bob for the purpose of buying some cocaine. When Ray inspects the cocaine, he decides it has been cut with too much flour and decides not to buy it. Under the dangerous proximity test, Ray cannot be found guilty of attempted possession of a controlled substance with the intent to sell.

he was not in apparent danger

Ray owes Bob some money. Bob tells Ray he has until three o'clock the next day to repay the money or Bob will have Ray beaten up. Ray immediately attacks Bob to protect himself. Ray cannot claim self-defense because:

true

Ray watches Bob unlawfully start a fight with a stranger. The stranger begins to get the best of Bob, so Ray steps in to help Bob. Ray may not escape criminal liability by claiming his action was the legitimate defense of others.

true

Through the double jeopardy provision individuals may not be tried a second time for the same offense, or be punished a second time for the same offense. true or false

competent to stand trial

To be considered ________, the defendant must be able to consult with his or her lawyer with a reasonable degree of understanding and understand the proceedings against him or her.

true

Under America's federalist system, the central government coexists with various state and local systems. true or false

false

Under the castle exception, it is still necessary to retreat from one's dwelling in the face of an immediate threat before resorting to deadly force in protection of the home.

principal in the first degree

Under the common law, the individual who actually committed the crime was the:

bob actually takes a shot a ray

Under the last act test, Bob is not guilty of attempting to murder Ray with a shotgun until:

false

The defense of entrapment is not built on the assertion that had it not been for government instigation, no crime would have occurred.

false

The definitive work on mental disorders, Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, sets out the legal definition of insanity.

seriousness

The degree of a crime is its level of: timeliness. seriousness. causality. legality.

true

The execution of public duty defense is available to law enforcement officers to protect them from being prosecuted for crimes, like assault, when lawfully exercising their authority.

corpus delicti

The facts that show that a crime has occurred are referred to in Latin as the: corpus delicti. mens rea. actus rea. mala prohibita.

true

The last act test is no longer in use because it makes it practically impossible for the police to prevent a substantive crime by arresting the offender for attempt.

reasonable person

The legal concept of the ________ envisions a person who acts with common sense and who has the mental capacity of an average, normal, sensible human being.

true

The legally insane are not responsible for their behavior not because they don't intend it, but because they lack a moral appreciation for the wrong they have done.

may shoot bob to stop him

The police arrive as Bob is robbing a bank with a gun. Bob runs out the door of the bank, taking shots at the police as he runs. The police:

Legislative History

The record of debates, committee reports and meetings, statements of legislators, and other evidence of what the legislature intended when it enacted a particular statute is known as the: legislative motive. general intent of the legislature. specific intent of the legislature. legislative history.

false

The term "body of crime" is used to refer to the dead body of a murder victim. true or false

true

The term "breach of peace" includes not only violent acts, but acts and words likely to produce violence in others.

specific intent

attempt is a _______ crime

Criminal Contempt

consists of deliberate conduct calculated to obstruct or embarrass a court of law or conduct intended to degrade the role of a judicial officer in administering justice

norms

What are the unwritten rules that underlie and are inherent in the fabric of our society?laws norms mores morals

true

Sedition consists of a communication or agreement intended to defame the government or to incite treason.

attendant circumstances

Statutes defining crimes may specify that additional elements, called ________, be present for a conviction to be obtained. the proximate cause legal cause causation in fact attendant circumstances

false

Statutory law is written by judges. true or false

true

Strict liability crimes do not require mens rea. true or false

true

Substantive criminal law that defines crimes and specific punishments. Procedural Positive Natural Substantive

substantive criminal law

That part of the law that defines crimes and specifies punishments is: common law. substantive criminal law. mala in se. procedural criminal law.

true

The ALI substantial capacity test is a modernized version of the M'Naughten Rule.

actus rea

The Latin term for "guilty act" is: mala prohibita. mala in se. mens rea. actus rea.

false

The Latin term for motive is mens rea. true or false

states of mind

The Model Penal Code outline four ________: purposely, knowingly, reckless, and negligent. elements of crime canons of construction states of mind conducts

M'Naughten rule

The ________ for determining insanity asks whether the defendant knew what he or she was doing or whether he knew what he was doing was wrong.

judicial review

The authority of a court to review the actions of the executive and legislative branches and to declare those not consonant with the Constitution void. jurisdiction judicial review positive law tort

elements

The basic parts or components of a crime are referred to as the ________ of the crime. paragraphs sections subsets elements

his fear may not have been reasonable

The case of Bernard Goetz was controversial because:

retreat

The castle exception is an exception to the ________ rule.

true

The conduct or activity of an attacker who makes the threat of danger obvious is known as apparent danger.

true

The corpus delicti of a crime can be established before the identity of the person who committed the crime is known. true or false

false

Whereas disorderly conduct is a general term, breach of peace refers to specific, purposeful, and unlawful behavior that tend to cause public inconvenience.

excuses

________ admit that the action committed by the defendant was wrong and that it violated the criminal law, but claim that the defendant should not be held accountable under the criminal law by virtue of special conditions or circumstances that suggest the defendant is not responsible for his or her deeds.

excuses

________ are a category of legal defenses in which a defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.

entrapment

________ defenses may be raised where public law enforcement officials induce or encourage an otherwise law-abiding person to engage in illegal activity.

perjury

________ is the willful giving of false testimony under oath in a judicial proceeding.

positive

________ law is law that is legitimately created and enforced by governments.

criminal solicitation

________ occurs when one person requests or encourages another to perform a criminal act.

renunciation

________ or the voluntary and complete abandonment of the intent and purpose to commit a criminal offense is a defense to the charge of an attempted crime.