Criminal Law Final
The Italian American Mafia is known as La Cosa Nostra, which means:
"Our Thing"
Blood alcohol level refers to the number of milligrams of alcohol per milliliter of blood. In most states, the "per se" prohibited level is ___________.
.08
According to the U.S. Department of Transportation, nearly ___________ people were killed by intoxicated drivers in 2013.
10,100
The Volstead Act of 1919 and the ___________________ Amendment restricted the consumption of alcohol and provided means to enforce alcohol offenses.
18th
In the Uniform Controlled Substances Act of 1970, Congress created __________ schedules for the regulation and control of drugs.
5
The ______________________ of 2002 created the Department of Homeland Security and integrated more than 20 federal agencies under the Homeland Security umbrella.
Homeland Security Act
The insanity defense evolved from the ______________ of 1843.
M'Naghten Rule
The ________________ was the first piece of American legislation to specifically define organized crime.
Omnibus Crime Control and Safe Streets Act of 1968
The _____________________ of 2001 provided the federal government with broad surveillance authority and modified federal laws regarding terrorism.
USA Patriot Act
A(n) ______________ is an individual who assists a perpetrator after commission of a crime.
accessory after the fact
A(n) _________ is an individual who assists, solicits, aids, or abets the perpetrator before the commission of the crime or those who fail to exercise a legal duty to prevent the crime.
accomplice
_____________________ is sexual intercourse with someone other than a lawful spouse.
adultery
_________________ acknowledge the commission of a crime while concurrently offering some justification or excuse to negate culpability.
affirmative defenses
In the early 1900s, "Prohibition" made what illegal?
alcohol
The defense of _________ offers evidence that the accused could not have committed the offense in question because he or she was in another physical location.
alibi
The inchoate offense of _______ requires the prosecution to establish the intent of the actor and the nature of steps taken in furtherance of the intended crime.
attempt
_______________ describes an extreme emotional state caused by the cyclical pattern of domestic violence.
battered person syndrome
_______________ occurs when an individual enters into a purported marriage while legally wed to another.
bigamy
A theory in the prosecution of conspiracy that requires two parties in the agreement is called:
bilateral theory
What is the name of the crime that consists of threatening to expose secrets or other damaging information (similar to extortion)?
blackmail
An agreement to do or refrain from doing an act required of a public official in exchange for money or property is called:
bribery
The legal doctrine that ordinarily removes the duty to retreat pursuant to home invasions is known as the:
castle doctrine
The charge of ____________________ is an attempt by the court to obtain compliance with a judicial order, decree, or judgment.
civil contempt
The accepting of money, property, or something of value in exchange for failing to report a crime is known as:
compounding
Which defense is used to negate culpability when the victim, in advance, voluntarily consented to non-serious bodily harm?
consent of the victim
_______________ occurs when individuals meet and organize in secret to plan their crime.
conspiracy
______________ refers to behavior that does not occur in the presence of the court, but by its nature is disrespectful or negatively impacts court proceedings.
constructive contempt
The charge of __________________ is brought against an offender to punish him or her for not adhering to the standards of decorum.
criminal contempt
The RICO Act defines a(n) __________________ as "any individual, partnership, corporation, association, or other legal entity, and any union or group of individuals associated in fact although not a legal entity."
criminal enterprise
Which test, through an analysis of several factors, examines whether the defendant was dangerously close to committing the intended crime?
dangerous proximity test
__________________ refers to the orderly and professional demeanor and atmosphere required in courtrooms.
decorum
___________________ refers to the unlawful transfer of a controlled substance.
delivery of a controlled substance
___________________ refers to a defense that offers evidence that the accused did not possess the necessary mens rea to meet a specific element of intent.
diminished capacity
_____________ refers to behavior that occurs in the presence of the court against decorum.
direct contempt
Which of the following refers to terrorism occurring within the United States or its territories?
domestic terrorism
The crime of _____________ occurs when an individual knowingly has dominion and/or control over illegal drugs.
drug possession
An affirmative defense of _____________ implies an accused committed a criminal act in response to another's volition (or will). Put simply, the defendant argues that someone made them commit the crime.
duress
The argument that the police or other agents of law enforcement were responsible for encouraging or enticing one to commit a crime is known as the ___________ defense.
entrapment
What test seeks to determine whether the actions of the defendant are indicative of his or her intent to commit a crime?
equivocality test
_______________ occurs when a lawfully detained or incarcerated individual leaves or fails to return without official permission.
escape
_________________, another term for spying, refers to those who gather, transmit, or deliver intelligence information on unauthorized parties.
espionage
Which of the following defenses rest on the notion that mens rea associated with criminal wrong doing would be negated or mitigated due to mental incapacity?
excuse defenses
________________ refers to an inability to commit the intended crime because of the existence of some fact unknown to or beyond the control of the defendant.
factual impossibility
_____________ is defined as the engagement in consensual sexual intercourse by an unmarried individual.
fornication
_______________ refers to an activity in which one risks something of value to win something of greater value.
gambling
Organized crime can be categorized as ongoing criminal activity perpetrated by individuals belonging to semi-exclusive ___________.
groups
____________ is testimony from one person about what another person said or did.
hearsay
In order to obtain a driver's license in most states, drivers give their consent to submit to chemical tests. Failure to give consent violates most states' ______________ law.
implied consent
Inchoate offenses, also known as _____________ crimes, generally lead to another crime.
incomplete
The crime of _____________ requires proof an individual exposed his or her private parts in a manner that others are likely to view and for the purpose of gratifying licentious desire.
indecent exposure
What test focuses on the ability of the defendant to carry out the criminal act?
indispensable element test
The concept of __________ was established under English common law to absolve children of criminal responsibility.
infancy
A(n) ______________ requires proof that the accused possessed a state of mind that would render him or her not responsible for wrongful actions.
insanity defense
A(n) ____________ is a third party that is solicited for services to commit a crime.
intermediary
______________ refers to diminished mental capacity caused by alcohol or drug use.
intoxication
_______________ occurs when the defendant abandons the intent to commit a crime due to intervening circumstances.
involuntary renunciation
_________________ are premised on the belief that an accused had a right or duty to commit what normally is considered a crime.
justification defenses
_________________ exists when the defendant is mistaken about the law or is charged with the wrong crime.
legal impossibility
Which of the following occurs when a person fails to report and conceals a felony committed by another?
misprision of felony
__________________ refers to concealing or suppressing knowledge of treasonous activities.
misprision of treason
_____________ can be used as a defense when the offense resulted from an honest mistake.
mistake of fact
______________ is a defense that relies on the genuine and honest belief of the accused that he or she acted in accordance with the law.
mistake of law
What is the term for the process by which illegal income is "washed" or disguised as legitimate?
money laundering
Drug cartels in Central and South America often engage in __________________ to eliminate competitors in the narcotics industry or intimidate government officials.
narco terrorism
The _____________ defense assumes that existing conditions (in nature or otherwise) caused an accused to commit a criminal act.
necessity
Which field sobriety test gauges levels of alcohol consumption by monitoring the automatic jerking of the eyes as they track a moving object?
nystagmus gaze
The U.S. Supreme Court has held that ____________ materials or expressions are not protected by the First Amendment.
obscene
_________________ encompasses many forms of behavior that impede or hinder the administration of justice and constitutes many crimes.
obstruction of justice
A(n) _________ act is something beyond mere preparation for conspiracy convictions.
overt
The use of necessary and reasonable force in defense of one's self or another or to prevent the commission of a violent felony is called ______________.
perfect self-defense
_______________ is defined as a false, yet material statement offered during a judicial proceeding and under oath.
perjury
The ____________ focuses on what is left for the defendant to do in order to commit the intended crime.
physical proximity test
__________________ terrorism occurs when citizens of a nation or state attack the government or society as a result of conflicting ideals.
political-dissendent
________________ is the term used for ingredients used to manufacture illegal drugs.
precursors
An individual's use of force to leave lawful custody or detention is known as _________.
prison break
The test that specifically evaluates whether it is likely, in light of the facts and circumstances, that the defendant would desist from commission of the criminal act is known as the _____________.
probable desistance test
What is defined as the act of engaging in sexual favors for hire?
prostitution
___________________ statutes reflect an attempt to prohibit the debauchery that may arise from consuming alcohol to excess in public places.
public intoxication
The establishment of penalties for crimes against ___________ reflects an attempt to protect values important to a civilized society.
public morals
What is the name for terrorist acts committed by individuals with no intrinsic desire for political or religious change, but rather a desire to instill fear in another group?
quasi-political terrorism
Specifically, RICO laws stipulate that individuals associated with an enterprise who commit certain offenses twice during a 10-year period are guilty of __________________.
racketeering
______________________ refers to acts committed by individuals who espouse a hard-line view of their religion.
religious-extremist terrorism
The crime of ____________ occurs when one who is subject to lawful arrest attempts to thwart or avoid being taken into custody by law enforcement officers.
resisting arrest
What is the legal term for delayed mental development, cognitive abilities, or communication skills, or a limited comprehension of health and safety?
retardation
_____________ refers to the unlawful gathering of a group of individuals with the intent to create a public disturbance, which also poses a risk of personal injury or property damage.
riot
Which of the following refers to any act that purposely hinders or attempts to hinder the defense capabilities of the U.S. government?
sabotage
With the Uniform Controlled Substances Act of 1970, Congress classified drugs into ___________ for the purpose of regulation and control.
schedules
Communication designed to advocate the overthrow of the federal government is known as:
sedition
The offense of ______________ occurs when an individual commands, encourages, or requests another to commit a crime.
solicitation
The inchoate offense of attempt requires ___________ intent to commit a crime.
specific
Terrorist acts perpetrated by a government towards its own citizens or citizens of another state or country are known as ___________ terrorism.
state-sponsored
What is the term for the time frame (restrictions) between the commission of a crime and the arrest or indictment of an accused?
statute of limitations
Which of the following is an offense referring to the willful and corrupt procurement of false testimony from another?
subornation of perjury
__________________ means premeditated, politically motivated violence against noncombatant targets by subnational groups or clandestine agents.
terrorism
__________________ such as speeding and failure to yield. exist in every jurisdiction because they are necessary to maintain the safety and integrity of public roadways.
traffic offenses
The unlawful interference with the person or property of another is known as ____________.
trespass
In regards to conspiracy, __________ theory requires that only one party believes an agreement exists to commit a crime.
unilateral
What crime occurs when one attempts to escape from law enforcement in a vehicle?
unlawful fleeing
________________ refers to excessive interest rates applied to loans (loan sharking).
usury
The unlawful attempt by another to influence, delay, or prevent witness testimony or the production of evidence is known as:
witness tampering
