SPEA-J 301 Chapters 1-9

Which statement about the "castle" doctrine is true?

Under the "castle" doctrine, a homeowner's right to use lethal force in his home or property varies by state and circumstances of the incident.

Which of the following is NOT one of the three major branches of government?

Federal branch

The "Due Process Clause" is part of which amendment to the Constitution?

Fifth Amendment

Juvenile curfew and truancy laws, if found unconstitutional, would be struck down on the basis of the ______ Amendment.

First

What is the difference between general intent and specific intent?

General intent shows intent to do a forbidden act, whereas specific intent shows a purpose that accompanies the intent.

Which of the following is TRUE if the defendant does not understand the charges and proceedings against him?

He cannot be deemed competent to stand trial.

Which of the following is TRUE of a member of the U.S. military who commits a crime while overseas?

He is subject to prosecution before both the Uniform Code of Military Justice and foreign courts.

On what grounds was a diplomat successfully prosecuted for murders committed in the United States?

His home country agreed to a request to waive his diplomatic immunity.

Which of the following is NOT true of the accomplice to a crime?

His punishment is the same as that for a party who aids the principal after the crime.

Which of the following is always TRUE?

If specific intent exists, then so does mens rea.

Which of the following was the essence of the Supreme Court's decision in Lockyer v. Andrade?

In cases of non-violent crimes, "three strikes" laws are constitutional.

What is the key difference between motive and intent?

Intent is the mental purpose or design to commit a specific act, whereas motive is the cause, inducement, or reason why an act is committed.

Which of the following is TRUE of an overt act to prove a conspiracy?

It can be virtually any act.

Which of the following is true of using the impossibility of committing a crime as a defense for conspiracy?

It can never be used.

Which of the following is TRUE of an activity that is entirely within a single state?

It can only be regulated by the state or local communities.

What was the significance of the Treaty of Rome?

It created the world's first permanent war crimes court.

What does the federalist system do?

It gives powers to the states.

Although many states have used Florida's 2005 "stand your ground" law as a model, why do critics believe the law should be repealed?

It grants people on their own ground more rights to use deadly force than police officers have.

Why have federal courts ruled that the Fourth Amendment places limits on the force police officers may use during an arrest?

It guarantees the right to freedom from unreasonable seizures.

Which of the following is true of the "substantial capacity" test?

It has been adopted by about half of the states.

Which of the following is TRUE of competency to stand trial?

It has been codified in state and federal statutes.

Which of the following is TRUE of using compulsive gambling as a defense against criminal charges?

It has never been reported that it was done successfully.

Which of the following is TRUE of Furman v. Georgia?

It invalidated death penalty statutes in 41 states.

Which of the following is TRUE of a common design?

It is a spoken or unspoken conspiracy to commit an unlawful act.

Which of the following is FALSE of protected speech?

It is an absolute right.

Which of the following is NOT true of the crime of solicitation?

It is committed only when one person gets another person to commit a crime.

Which of the following is NOT true of the "year-and-a-day" rule?

It is just a dated version of the "strict liability" rule.

Why is the writ of habeas corpus important?

It is necessary for post-conviction reviews by the Court.

In which of the following ways is the Cruel and Unusual Punishment Clause similar to the other great clauses of the Constitution?

It is not susceptible of precise definition.

Which of the following is TRUE of the right to assemble?

It is protected by the same amendment that protects free speech.

Which of the following is NOT true of intent?

It is the cause or reason why an act is committed.

Which of the following is TRUE of those charged with a misdemeanor?

It is usually not the result of a citizen's arrest or in the absence of a law enforcement officer.

Which of the following is TRUE of aiding and abetting?

It requires both an act and a mental state.

Which of the following was TRUE of the death penalty at the time the U.S. Constitution and the Bill of Rights were ratified?

It was widely accepted.

What power do judges in the United States rely on for determining the constitutionality of laws or ordinances?

Judicial review

Which of the following is TRUE when one of the conspirators to a crime abandons the conspiracy before the crime is committed?

The crime of conspiracy is nonetheless complete, and all parties are still guilty of conspiracy.

Why did the Supreme Court make an exception to the principle that "ignorance of the law does not excuse" in the case of a woman who failed to comply with a Los Angeles law requiring ex-convicts who moved to the city to register?

The defendant had not been given due notice of the law.

The officers accused of beating Rodney King were tried under both federal and state law. Why did this not violate the Double Jeopardy Clause?

Under the "dual sovereignty" doctrine, different governments may each file separate criminal actions for the same criminal act.

Which of the following BEST describes the "three strikes and you're out" laws of the 1990s?

Those convicted of any three felonies would serve life in prison.

Unless a presumption is overcome with other evidence, judges and jurors must do what?

accept the presumption as true

To constitute a verbal offense, "fighting words" must be which of the following?

addressed to a person face-to-face

True threats can come in which of the following forms?

all of the above

In United States v. O'Brien (2010) the Supreme Court stated that a fact was a "sentencing factor" only if it was not _______.

an "element" of the offense charged

Which of the following is NOT one of the terms used to describe one who is knowingly involved in or connected with the commission of a crime either before or during its commission?

an accessory after the fact

Who, among the following, is a stalker?

an ex-boyfriend who follows and spies on his ex-girlfriend against her will

Who is subject to the Uniform Code of Military Justice?

any person who enters U.S. military service

In which of the following ways are crimes in the United States NOT classified?

as regulatory crimes

The most frequently charged of the preliminary crimes is _______.

attempt

All new death penalty statutes provide for which of the following?

automatic appeal of death sentences

Before a person may be convicted of a crime that requires proof of mental fault, the government must prove, ________, the external physical act and the internal mental element.

beyond a reasonable doubt

In the case of adults, in most states a defense of insanity requires the defendant to prove insanity by which of the following measures?

by a preponderance of the evidence

Which of the following make up the two prongs of the M'Naghten rule?

cognitive incapacity and moral incapacity

Which of the following BEST defines delinquency?

conduct by a child that, if committed by an adult, would be a criminal violation

Most states have specific _______ requirements in their general solicitation statutes.

corroboration

In addition to the Commerce Clause, the federal power to pass criminal laws can be divided into three general classes. Which of the following is NOT one of those three classes?

crimes committed by former violators of federal laws

Within the Model Penal Code, drafted by the American Law Institute, there are minimum requirements of _______.

culpability

A defendant who claims to have been entrapped must prove that the government acted improperly and that the

defendant had no prior intention of committing the crime.

In which of the following areas is the relationship between tribal courts and federal laws unclear?

domestic violence

The rule about separate offenses prevents ______ punishment for the same crime.

double

In criminal prosecutions, use of presumptions and inferences can present _______ problems.

due process

The requirement that a person should exhaust all opportunities to escape before using deadly force is known as the ________.

duty to retreat

The police power is an inherent power vested in _______.

each state

What must the state do if it becomes unlikely that a defendant's competency to stand trial will be restored within a year?

either discharge the defendant or begin civil commitment procedures

When U.S. courts look at the capacity presumption, they usually hold that the younger the child, the stronger must be the _______.

evidence of mental capacity

Where a criminal charge is based only on a communication, most courts have applied the "fighting words" doctrine only where the communication is made _______.

face-to-face

The Federal Sentencing Guidelines apply to _______.

federal courts only

What are federal enclaves?

federally owned and controlled lands

The incidence of people who are found not guilty because of insanity and who then go on to commit other violent crimes after release from mental hospitals has caused several states to adopt the plea and verdict of _______.

guilty but mentally ill

How can a person be liable for the conduct of another?

if he or she is an aider and abettor to a person who committed a crime

Which of the following types of loud speech and loud noise is NOT among those types that cities and states can forbid?

noises that incidentally disturb others

Approximately how much of all of the land in the United States is owned and controlled by the federal government in the form of territories and federal enclaves?

one-third

The purpose of conspiracy statutes is to prevent and punish criminal _______.

partnerships

Many states have imposed higher standards for "fighting words" when they are directed at whom among the following?

police officers

Through the exercise of which of the following powers do states have the primary responsibility for maintaining public order and safety?

police powers

When presumptions and inferences enable a fact finder to conclude that some facts have been proved, these facts are referred to as _______.

predicate facts

Local, state, and federal governments in the United States cannot forbid or suppress speech and punish the speaker unless the speech ________.

presents a clear and present danger

In protecting the public against the depredations of criminals, criminal law's dual objective is also to _______.

prevent the conviction of the innocent

Which of the following phrases is a key part of the obscenity definition?

prurient interests

Today, criminal law in the United States is part of _______.

public law

Under common law, those who may use reasonable force to discipline a child include parents, legal guardians, foster parents and, in some states,

public school teachers.

The three criteria used to determine whether the use of force is justified are lawfulness, necessity, and ________.

reasonableness

Which of the following does NOT constitute obstruction of a law enforcement officer?

refusing to take a Breathalyzer test when pulled over by an officer

To say someone is a recidivist is to say they are a ________.

repeater

The principle of legality in American jurisprudence not only prohibits retroactive definitions of criminal behavior by judicial decision, it also _______.

requires statutory definitions of crimes be clear enough for reasonable people to understand them

One significant difference between the Graham case and the Miller case is the ______ that will occur.

resentencing

Which of the following is NOT protected by the First Amendment to the Constitution?

right to bear arms

The test established in Blockburger v. United States is called the _____ test.

same element

What is the legal term that means possession of a degree of knowledge about facts material to a conviction of a crime?

scienter

States often have which two types of solicitation statutes?

specific and general

Which of the following is considered to be speech protected by the First Amendment?

speech offensive to certain groups

The majority of states use which of the following tests to determine how the act requirement in attempt crimes is defined?

substantial step test

What has the Supreme Court ruled in recent cases regarding sentences of life imprisonment without parole for juvenile defendants?

that such sentences violate the Cruel and Unusual Punishment Clause

What did the Supreme Court hold in the famous case of District of Columbia v. Heller?

that the Second Amendment was a private right

Which of the following came directly out of the M'Naghten case?

the "right and wrong" test

What is the legal basis of the defense of double jeopardy?

the Fifth Amendment

Which amendment(s) to the U.S. Constitution give citizens protection from unlawful arrest?

the Fourth Amendment and the Due Processes Clauses of the Fifth and Fourteenth Amendments

What is the source of a U.S. citizen's right to a speedy trial?

the Sixth Amendment

What are procedural due process claims under the Fourteenth Amendment based on?

the absence of fair procedures regulating state conduct

Justice Oliver Wendell Holmes announced which of the following doctrines in the 1919 case of Schenck v. United States?

the clear and present danger doctrine

The "origin of intent" test commonly used to determine entrapment is based on ________.

the common law as interpreted by state courts

Of the choices below, which does the Geneva Convention forbid?

the deportation of people from their homelands to slave labor camps

Anti-cruising laws are examples of laws that might be challenged as violations of ________.

the freedom to assemble

The crime of conspiracy is _______ of the preliminary crimes.

the oldest

In which situation may an officer NOT use force to make an arrest?

the person being arrested cooperates

Which of the four Barker v. Wingo factors is the reason the Speedy Trial Act requires that a person indicted for a felony be tried within 70 days?

the prejudice resulting from the delay

Which of the following is probably the best-known and oldest presumption?

the presumption of innocence until proven guilty

Which of the following principles has the Court used to evaluate the constitutionality of a challenged punishment?

the proportionality principle

Causation problems are resolved by use of which of the following?

the proximate cause doctrine

What is the primary goal of juvenile courts?

the rehabilitation of delinquent youths

What determines whether testimony given by a witness under an immunity agreement may later be used against the witness?

the scope of the immunity agreement

Which of the following is NOT one of the generally recognized goals of the criminal justice system in the United States?

to promote judicial review of erroneous decisions

One reason the Constitution limits the number of times a person may be tried for the same offense is to prevent government harassment. What is a second reason identified by the Supreme Court?

to reduce the possibility that an innocent individual may be found guilty

Which of the following is the ONLY crime defined by the U.S. Constitution?

treason

In which type of trial would determining criminal responsibility involve the accused taking a pound of weight of red-hot iron into his or her hands or plunging his or her hand, up to the wrist, into boiling water?

trial by ordeal

What is the basis of the tests used to judge whether an officer used excessive force in making an arrest?

two Supreme Court cases, Tennessee v. Garner and Graham v. Connor

Under which of the following rules can all involved be punished when a number of people have a coordinated scheme to do an unlawful act?

under the common design rule

When setting up a sting operation, what may officers legally do?

use decoys to gather evidence against criminals

When does a defense of diminished capacity apply?

when a defendant does not possess the requisite mens rea

When is the right to a speedy trial activated?

when a person is officially accused of a crime

When is the use of a Taser considered unreasonable force in making an arrest?

when a significant level of force is not required to ensure compliance

When can causation problems in homicide crimes occur?

when a substantial time gap exists between the criminal act and the victim's death

In which of the following circumstances might a judge use the "willful blindness" rule when instructing the jury?

when an offender has chosen to deliberately avoid learning the criminality of his actions

When, in most states, has a person committed criminal conspiracy?

when he or she agrees with another person to engage in conduct that constitutes the offense

When does a threat become a crime?

when it is explicit and likely to result in imminent lawless action

When is evidence of intoxication or drug abuse permitted as evidence to be used in an insanity defense?

when it is shown the intoxication or drug abuse triggered a preexisting mental illness

When is it a federal offense to use military forces to execute the law?

when it is without specific congressional authorization

When would the FBI get involved in a kidnapping?

when the kidnapper is believed to have crossed into another state

Which of the following would be an example of speech that fails the clear and present danger test?

yelling "Fire!" in a crowded theater

Why did those who formed the Constitution want to stray from English common law?

They wanted to obtain a better order of government more favorable to human liberty and welfare.

What was similar about the temporary criminal courts established in Nuremberg, Germany, in the 1940s and at The Hague, Netherlands, in 1993?

They were both formed to try leaders of war crimes.

Why are ex post facto laws considered unconstitutional?

They would violate the due process clause of the U.S. Constitution.

Which of the following results of a trial is NOT considered an acquittal?

a hung jury

Which of the following is an example of a "status crime"?

a law against anyone being an active addict of a dangerous, illegal drug, such as cocaine

What is one difference between the requirements for justified use of less-lethal force and deadly force?

Deadly force must be necessary to prevent imminent death or great bodily harm to the person using it or others.

What is martial law?

a state of military control over civilian populations as declared by state or federal government

What is the main difference between a felony and a misdemeanor?

A felony is the most serious type of crime, whereas a misdemeanor is a less serious offense.

Which of the following is almost always true when a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime?

A law has not yet been violated.

Why are conclusive presumptions unconstitutional under the Due Process Clause?

Because they allow the prosecution to avoid proving an element of the crime charged.

Modern U.S. laws find their origin in _______.

English common law

Except as provided in Section 2.05 of the Model Penal Code, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly, or _______.

negligently

Obscenity is ______ protected by the First Amendment.

never

Which of the following is a key difference between "fighting words" and merely rude language?

"Fighting words" are likely to cause immediate public disorder, whereas rude language might only offend others.

What are ex post facto laws?

"after the fact" laws

Which type of law allows the occupant of a dwelling to use any amount of deadly force in self-defense?

"make my day" rule

The Latin maxim nulla poena sine lege means _______.

"no punishment without law"

How many Indian tribes has the U.S. Supreme Court recognized as "possessing sovereignty"?

310

How many states permit law-abiding citizens to carry concealed handguns?

49

Which of the following BEST describes the Pinkerton rule?

A co-conspirator can be held liable for crimes committed by another conspirator, even if the co-conspirator did not know about the other crime and did not agree to commit the other crime.

Which of the following actions would result in a defense to a conspiracy charge that is recognized and provided by the Model Penal Code?

A conspirator thwarts the success of the conspiracy with voluntary renunciation of the criminal purpose.

In which case is an honest mistake or ignorance of fact a valid defense?

A defendant remarried because she believed her divorce was legal even though her spouse failed to meet residency requirements of the state in which he filed for divorce.

How is diplomatic immunity considered an effective defense?

A diplomatic agent who commits a crime in the receiving state is generally exempt from prosecution.

What is the difference between actus reus and mens rea?

Actus reus describes the essential physical act for a crime to have been committed, whereas mens rea describes the essential mental requirement.

Which of the following can NEVER be a federal enclave?

All of the above can be federal enclaves

Why does Congress, instead of local authorities, have the full police power to enact a full criminal code necessary to maintain public order and security in Washington, D.C.?

Because Washington, D.C., is a federal territory.

Why has the irresistible impulse rule NOT been widely adopted?

Because courts and legislators have said it does not clearly define "impulse" and irresistibility."

Why, under common law, was a child under the age of 7 never criminally responsible for a crime he or she may have committed?

Because he or she did not have the mental capacity to formulate the intent to commit a crime.

Why is the standard of proof in most states on defendants to prove incompetency that of the "preponderance of the evidence"?

Because most states place the burden on the party challenging the presumption of competency.

Why are preliminary crimes not always present when an underlying crime occurs?

Because not all crimes are planned in advance.

Why has the Supreme Court generally permitted the use of permissive inferences and permissive presumptions?

Because the fact finder is not obligated to reach the presumed conclusion.

Why can victims of a crime bring civil actions in civil courts to seek compensation from the offender?

Because the same action that was a violation of the criminal law can also be a civil wrong.

Why did the Supreme Court hold in Blakely v. Washington that the sentence was invalid under the Sixth Amendment?

Because the sentence imposed exceeded the maximum sentence possible.

What does the U.S. Constitution say about "the Territories of the United States"?

Congress has the entire dominion and sovereignty within them.

Which of the following is considered the supreme law of the land in the United States?

Constitution

Laws (including criminal laws) are enacted by the ______.

Legislative branch

Under a certain form of the volitional incapacity approach, how would a defendant's argument be made when there is evidence or an acknowledgement that he or she knew what they were doing was wrong?

Mental illness prevented them from controlling their conduct.

The U.S. Supreme Court established important guidelines to define obscenity in the famous case of ________.

Miller v. California

What is the current law in the United States governing the right to resist unlawful arrest?

Most states require citizens to submit to arrest by an identifiable police officer.

A defendant claimed he was forced to give robbers access to a company storage facility because they said his children would never be safe unless he cooperated. Is his claim to have been forced to commit an illegal act valid?

No; the danger to his children was not present and immediate.

After a mistrial, the defendant argued he could not be tried again on the same charge because he had been acquitted. Is he correct?

No; the jury did not determine his guilt or innocence.

Two teenagers were wrestling with each other near a park shelter when a woman drove by and ordered them to stop. When they continued, she drove her car at them, pinning the larger boy against the shelter wall. She claimed she was defending the smaller boy against the larger boy. Is her use of force justified?

No; the two boys were not doing anything unlawful.

A resident of Illinois was charged with violating federal law by traveling across state lines to sleep with an underage girl. He was captured and convicted by the state of Ohio. Can he be tried for the same crime again by the state of Illinois?

No; under Illinois law a person prosecuted in another state cannot be tried for the same crime in Illinois.

What legal penalties might be faced by an officer convicted of using excessive force?

Officers who use excessive force may face criminal charges and can be sued for civil damages.

In the absence of a "stand your ground" law, to what extent are owners and police officers permitted to use force to protect property?

Only non-deadly force may be used to protect property,

Why is it important whether a crime is a felony or a misdemeanor?

Only people charged with felonies have the right to a preliminary hearing.

Which of the following is an example of states' police powers not being absolute?

States cannot regulate conduct arbitrarily.

Which amendment to the U.S. Constitution provides that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"?

Tenth Amendment

What is the key difference between the "cognitive" approach and the "volitional" approach?

The "cognitive" approach looks at whether one knows what actions he is taking, whereas the "volitional" approach looks at one's "irresistible impulses."

Which of the following is TRUE of the "not guilty by reason of insanity" and "guilty but mentally ill" pleas and verdicts?

The "guilty but mentally ill" plea and verdict is a result of many failings of the "not guilty by reason of insanity" plea and verdict.

Which amendment did the Supreme Court cite in their decision in Ingraham v. Wright?

The Eighth Amendment

Which of the following permits, in federal courts, consecutive sentences for the substantive crime and the conspiracy to commit that crime?

The Federal Sentencing Guidelines

Which of the following is a key difference between the M'Naghten rule and the "substantial capacity" test?

The M'Naghten rule has much stricter standards than the "substantial capacity" test.

What determines whether an arrest is made "in good faith"?

The arresting officer must have probable cause to authorize the arrest.

Why can legislators be prosecuted for corruption despite the "speech and debate" clause of the Constitution?

The clause covers only legislative acts.

What condition would allow a prisoner who claimed to have been forced to join a prison break to use duress or coercion as a defense against the charge of escape?

The defendant reported to the authorities as soon as it was safe to do so after the escape.

After a driver and passenger were fatally injured during a high-speed pursuit, officers were tried for using excessive force. On what grounds did the Supreme Court exonerate the officers charged in Blumhoff v. Rickard?

The driver posed a grave risk to public safety.

Which of the following is true of the law's definition of motive and intent?

The law contains a clear distinction between the two.

Which statement about the necessity or choice of evils defense is true?

The necessity defense may not be available to defendants in federal court.

Which of the following BEST exemplifies the "honest mistake" defense in a case where a strict liability law that seeks to protect children has been broken?

The offender had reason to believe the minor was of age.

Which of the following is TRUE of death penalty statute requirements of judges and juries considering the death penalty in any case, per recent Supreme Court rulings?

They must consider both aggravating circumstances and mitigating circumstances.

How does Tennessee v. Garner show how the Fourth Amendment limits the use of force during an arrest?

The use of deadly force to capture a burglar who tried to escape arrest was ruled excessive force.

If a child keeps disturbing patrons by climbing over the seats while a movie is showing in a theater, what level of force is an usher permitted to use?

The usher may order the child to leave or act to prevent injury.

Which of the following is TRUE of the Cruel and Unusual Punishment Clause?

The values and ideals it embodies are basic to our scheme of government.

Which of the following is TRUE of offenders of strict liability crimes?

They are often not considered "criminals."

Which if the following is NOT true of true threats?

They are protected by the Sixth Amendment

Which of the following is TRUE of bad thoughts by themselves?

They cannot be charged in ANY crime.

Why did the Supreme Court find the death penalty unconstitutional in Furman v. Georgia?

They found it to be too variable and administered without any reasonable standards.

Why did the Supreme Court uphold the use of corporal punishment in schools in Ingraham v. Wright?

They found that no general rule prohibited corporate punishment in schools.

Why did the Supreme Court effectively disqualify the Federal Sentencing Guidelines?

They found that they violated the Sixth Amendment's right to jury trials in criminal cases.

Why did the Supreme Court strike down the capital punishment sentence in Ring v. Arizona (2002)?

They found the factual questions involved should have been answered by the jury, not the judge.

Which of the following is TRUE of Indian tribal governments?

They have both Indian tribal courts and Indian police.

Which of the following must be TRUE of every federal criminal statute?

They must have origins in the U.S. Constitution.

Which of the following is generally TRUE when the Supreme Court announces a new rule of constitutional dimension like that in Apprendi or Booker?

Unless the Court holds that the rule is retroactive, it is not applicable to cases that are already final.

Why does Florida's "stand your ground" law allow a homeowner to use deadly force against an intruder?

Unlike the "castle" doctrine in other states, the "stand your ground" law presumes any intruder presents a deadly threat.

Which of the following is one of the territories of the United States?

Washington, D.C.

Which of the following is NOT one of the questions that always arises when considering preliminary offenses?

What did the suspect know about the illegality of the act committed?

Which of the following is TRUE?

When a person successfully pleads "guilty but mentally ill," she is more likely to serve a longer and harsher sentence than if she had successfully pleaded "not guilty by reason of insanity."

Why is mistake or ignorance of fact NOT a defense that can be used with crimes of strict liability?

Whether the defendant intended to commit a crime is not relevant.

Which of the following is TRUE of the death penalty in the United States today?

While the public continues to generally support the death penalty, death sentences have declined.

Jesse was involved in a road rage incident in which he shot the other driver because he mistakenly believed the man was reaching for a weapon. Was his use of deadly force reasonable?

Yes; it was reasonable because he believed the other driver intended to use a weapon to harm him.

Chin fired a weapon intending to scare off a burglar who was trying to break into her home. Did she use deadly force?

Yes; she fired a weapon at a person

A driver violates two statutes: drunken driving causing serious injury and leaving the scene of an accident. Are these two different offenses?

Yes; the same evidence cannot be used to prove both charges.

Who, among the following, CAN be executed under a death penalty sentence?

a convict who is sentenced a second time for the same offense after retrial

Which of the following would be under the jurisdiction of an Indian tribal court?

a crime committed by an Indian against an Indian on an Indian reservation

Which of the following MUST occur in a stalking case before the federal stalking statute would kick in?

a crossing of a state line

Historically, the legislative power granted in the Interstate Commerce Clause has been interpreted by the U.S. Supreme Court in what context?

in the context of federalism

Anticipatory crimes are commonly referred to as _______.

inchoate crimes

Under Florida's "stand your ground" law, a passenger who shoots and kills someone breaking into the car in which he is riding

is using lawful force.

The penalties for strict liability crimes are usually _______ those for "true" crimes.

lighter than

Prosecutions under solicitation statutes require a showing that the defendant has done more than which of the following?

made a casual suggestion that an illegal act be committed

If a person has an "evil intent" to commit a crime, which of the following must exist?

mens rea

A defendant must be competent, meaning _______, before the government can force him or her to go to trial on criminal charges.

mentally fit

The U.S. Supreme Court has repeatedly held that it is a violation of due process to try to convict a person who is what?

mentally incompetent

Specific intent is understood today as referring to the intent that _______ a forbidden act.

must accompany

The "castle" doctrine is an exception to the legal principle that a person _________.

must find a way to escape before using deadly force if escape is possible

Clause 18 of Article I, Section 8 of the U.S. Constitution authorizes Congress to pass any laws that are "________" to carry out the enumerated powers outlined in Clauses 1-17.

necessary and proper