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Criminal Law
Q:
The Constitution does not permit a legislature to set a net large enough to catch
a. all possible gang members.
b. all possible prostitutes.
c. all possible rapists.
d. all possible offenders.
Q:
Which of the following is not an issue addressed by the "Matrix Program?"
a. vandalism
b. graffiti
c. littering
d. rape
Q:
Which of the following is not a factor used by courts when testing for the validity of a time, place, and manner regulation?
a. the content of the speech
b. a significant government interest
c. other channels of expression
d. the group/person making the speech
Q:
What is the name of a temporary court order to do or to stop doing something?
a. a preliminary injunction
b. a primary injunction
c. a positive injunction
d. a permanent injunction
Q:
First Amendment rights are virtually unrestricted in which of the following areas?
a. streets
b. airports
c. bus stations
d. subways
Q:
Because begging is protected speech, attempts to regulate it must meet the requirements of which Amendment to the U.S. Constitution?
a. First
b. Fourth
c. Fifth
d. Sixth
Q:
Panhandling statutes do not apply to
a. individuals who are begging for money on the street.
b. individuals who are only begging for food on the street.
c. individuals on the street who advertise that they will to work for food.
d. organized charities that solicit donations on the street.
Q:
Enforcing the laws regulating the behavior of homeless and other street people generates controversy because
a. the behavior they seek to regulate is not a major concern.
b. they seem to target the poorest and weakest members of society in order to make life more convenient for those who are better off.
c. the police are not trained for this kind of job.
d. there are too few homeless and street people to be concerned about.
Q:
The crime of loitering refers to
a. being without any visible means of support or employment.
b. being homeless.
c. remaining in one place with no apparent purpose.
d. harassing others who pass by.
Q:
Interactive Digital Software Association sued St. Louis County alleging that an ordinance in the County violated their First Amendment right to "free expression." The ordinance restricted what?
a. access to video games
b. panhandling
c. aggressive begging
d. loitering
Q:
The crime of vagrancy refers to
a. being poor and homeless.
b. refusing to take suitable work.
c. poor people roaming around without visible means of support.
d. people hanging around with no apparent purpose.
Q:
Courts began striking down vagrancy and loitering laws because they violated what doctrine?
a. void for overbreadth
b. ex post facto law
c. bill of attainder
d. void for vagueness
Q:
In what case did the U.S. Supreme Court tighten the constitutional restrictions on loitering statutes?
a. Kolender v. Lawson
b. Mayor of New York v. Miln
c. Papischristou v. City of Jacksonville
d. Parker v. Municipal Judge
Q:
The broken windows theory was originated by
a. Wilson and Kelling.
b. Skogan.
c. Rogers and Hammerstein.
d. Johnson and Keslo.
Q:
What theory suggests that public order crime is serious because it eventually causes more serious crimes?
a. abandoned neighborhoods
b. un-mended fences
c. anomic communities
d. broken windows
Q:
Laws targeting poor people's behavior, and the attitudes behind them, began to change during
a. the Great Depression.
b. World War Two.
c. the Korean War.
d. the Civil Rights Protests.
Q:
In a careful and extensive survey of a representative sample of high- and low-crime neighborhoods in major cities, what topped the list of worries among all classes, races, and ethnic groups, among both men and women?
a. public drinking
b. loitering
c. Prostitution
d. Murder
Q:
At common law, the offenses of unlawful assembly and rout involved a minimum of
a. three persons
b. four persons
c. five persons
d. twelve persons
Q:
The Model Penal Code disorderly conduct statute requires the mens rea of
a. negligence.
b. strict liability.
c. recklessness or knowledge.
d. knowledge.
Q:
Broken windows theory is concerned with which of the following?
a. a direct link between disorder and crime
b. a direct link between prostitution and crime
c. a direct link between drug-dealing and crime
d. a direct link between pandering and crime
Q:
Current disorderly conduct statutes grew out of the common law crime of
a. breaking the peace.
b. breach of the peace.
c. public misconduct.
d. public disorder.
Q:
Today, disorderly conduct crimes are most often referred to as
a. quality of life crimes.
b. public crimes.
c. disorderly crimes.
d. bad manners.
Q:
Embezzlement was not a crime at common law.
Q:
The common law crime of larceny protects victims who voluntarily hand over their property to a caretaker who later decides to convert the property to his or her own use.
Q:
Larissa is a student at a local college majoring in computer information technology. In order to pay her college tuition Larissa infects as many computers on the Internet as she could with off-the-shelf remote access Trojans (RATs). Larissa also uses her RATs to send malicious software causing damage to computers used by the federal government in national defense. Larissa is caught and prosecuted for her crimes.
What act did Larissa violate in sending malicious software to computers used in national defense?
a. the CAN-SPAM Act.
b. the FAN-SPAM Act.
c. the TAN-SPAM Act.
d. the PAN-SPAM Act.
Q:
Larissa is a student at a local college majoring in computer information technology. In order to pay her college tuition Larissa infects as many computers on the Internet as she could with off-the-shelf remote access Trojans (RATs). Larissa also uses her RATs to send malicious software causing damage to computers used by the federal government in national defense. Larissa is caught and prosecuted for her crimes.
What method allowed Larissa to distribute her RATs?
a. data diddling.
b. an e-mail flood attack.
c. password sniffing.
d. a worm.
Q:
Larissa is a student at a local college majoring in computer information technology. In order to pay her college tuition Larissa infects as many computers on the Internet as she could with off-the-shelf remote access Trojans (RATs). Larissa also uses her RATs to send malicious software causing damage to computers used by the federal government in national defense. Larissa is caught and prosecuted for her crimes.
What crime did Larissa commit?
a. computer fraud.
b. intellectual property theft.
c. phishing.
d. bank robbery.
Q:
Lyle and Don live in Houston, Texas. Don wants to buy a set of Bose speakers. Lyle tells Don he knows a guy named John who has brand name cheap electronics, but they may be stolen. He tells Don that he got his flat screen television from John a few months ago at a great deal. Don gives Lyle some money. John delivers the speakers directly to Don the following day.
Which of the following is a requirement for any of the men to be convicted of receiving stolen property?
a. knowledge that the speakers were stolen.
b. belief that the speakers were stolen.
c. reckless about whether the receivers were stolen.
d. negligent about whether the receivers were stolen.
Q:
Lyle and Don live in Houston, Texas. Don wants to buy a set of Bose speakers. Lyle tells Don he knows a guy named John who has brand name cheap electronics, but they may be stolen. He tells Don that he got his flat screen television from John a few months ago at a great deal. Don gives Lyle some money. John delivers the speakers directly to Don the following day.
What criminal title is given to people who do what John does?
a. identity theft.
b. fencing.
c. criminal mischief.
d. cybercrime.
Q:
Lyle and Don live in Houston, Texas. Don wants to buy a set of Bose speakers. Lyle tells Don he knows a guy named John who has brand name cheap electronics, but they may be stolen. He tells Don that he got his flat screen television from John a few months ago at a great deal. Don gives Lyle some money. John delivers the speakers directly to Don the following day.
Who in this transaction is guilty of receiving stolen property?
a. Lyle.
b. John.
c. Don.
d. Lyle and Don.
Q:
Janet was walking to her car in the parking lot after having been shopping in the mall. As she walked towards her car a man ran out from between two cars and grabbed her purse hanging on her shoulder. Janet held on to the purses and a brief struggle ensured. The purse strap broke and the man ran away with Janet's purse.
The struggle for the purse satisfies what element actus reus of the crime?
a. force.
b. threat.
c. fear.
d. torture.
Q:
Janet was walking to her car in the parking lot after having been shopping in the mall. As she walked towards her car a man ran out from between two cars and grabbed her purse hanging on her shoulder. Janet held on to the purses and a brief struggle ensured. The purse strap broke and the man ran away with Janet's purse.
What crime best describes what Janet experienced?
a. theft.
b. burglary.
c. robbery.
d. pickpocketing.
Q:
Doris was in a department store trying on a leather jacket. Two store detectives saw her tearing off the price tag and security device designed to set off an alarm if the jacket were carried through a detection machine. She placed the tag and the device in the pocket of another jacket on the merchandise rack. She left her jacket on a table. Leaving on her own jacket, she put on the leather jacket. When she headed for the exit from that floor, towards the main floor, she was apprehended by security personnel.
What actions did Doris take that indicated her intent to take the jacket without paying?
a. tearing off the price tag.
b. tearing off the security device.
c. leaving her own jacket on a table.
d. all of these actions indicated her intent to take the jacket without paying.
Q:
Doris was in a department store trying on a leather jacket. Two store detectives saw her tearing off the price tag and security device designed to set off an alarm if the jacket were carried through a detection machine. She placed the tag and the device in the pocket of another jacket on the merchandise rack. She left her jacket on a table. Leaving on her own jacket, she put on the leather jacket. When she headed for the exit from that floor, towards the main floor, she was apprehended by security personnel.
What crime did Doris commit?
a. larceny.
b. stalking.
c. grand theft.
d. robbery.
Q:
White-collar crimes are crimes are generally related to a.
occupation. b.
drug addiction. c.
attitude. d.
recklessness.
Q:
What is the crime of lawfully gaining possession of someone else's property and later converting it to one's own use? a.
larceny. b.
fraud. c.
theft. d.
embezzlement.
Q:
Stock options are an example of what kind of property? a.
tangible. b.
intangible. c.
intellectual. d.
constructive.
Q:
Jewelry is what kind of possession? a.
tangible. b.
intangible. c.
intellectual. d.
constructive.
Q:
There are how many types of cybercrimes? a.
two b.
three c.
four d.
five
Q:
What is the most committed crime in the United States?
a. criminal trespass.
b. robbery.
c. arson.
d. identity theft.
Q:
Criminal trespass is
a. more serious than burglary.
b. less serious than burglary.
c. equally as serious as burglary.
. d. the same as burglary.
Q:
Criminal mischief is a a.
felony. b.
misdemeanor. c.
aggravated misdemeanor . d.
capital crime.
Q:
Arson is a very serious crime against a.
property. b.
persons. c.
property and persons. d.
none of these answers is correct.
Q:
Arson is aa.felony.b.misdemeanor.c.aggravated misdemeanor .d.capital crime.
Q:
Intellectual property thefts may be undetected because
a. many law enforcement experts do not understand the nature of the crime.
b. businesses do not realize a crime has occurred.
c. most people think that little harm is caused by such crimes.
d. it is difficult to catch cyber-criminals.
Q:
The term "intellectual property" refers to
a. ideas and their application in practice.
b. a person's natural intelligence.
c. tangible property in the nature of books and manuscripts.
d. diplomas, certifications, and other materials that show someone has completed a course of study.
Q:
Consolidated theft statutes are a modern approach to what kind of crimes?
a. "taking" crimes
b. trespass crimes
c. extortion
d. larceny crimes
Q:
Blackstone's definition of burglary just before the American Revolution
emphasizes the special nature of
a. homes.
b. personal property.
c. businesses.
d. cars.
Q:
The heart of burglary and criminal trespass is
a. invading others' property.
b. damaging others' property.
c. stealing others' property.
d. destroying others' property.
Q:
Common law false pretenses mens rea requires the purpose or specific intent to
a. destroy property by deceit and lies
b. obtain property by deceit and lies
c. obtain property by deceit and lies by threat of physical violence to another person
d. obtain sex by deceit and lies
Q:
Criminal mischief descends from a common law crime, the misdemeanor called
a. malicious mischief.
b. malicious malfeasance.
c. malicious waywardness.
d. malicious disobedience.
Q:
The Model Penal Code divides arson into degrees based on
a. defendant's motive.
b. defendant's blameworthiness.
c. amount of damage.
d. defendant's motive.
Q:
The history of larceny and fraud is also the history of supplementing
a. civil actions with criminal punishment
b. criminal punishment with civil actions
c. civil actions with capital punishment
d. criminal punishment with fines
Q:
Typically, there are how many degrees of arson?
a. two
b. three
c. four
d. five
Q:
The MPC (ALI 1985, 2:2, 3) tries to clear up many of the technical questions in common law arson by providing that burning means
a. starting a fire.
b. at least slightly burning a structure.
c. burning or causing smoke damage to a structure.
d. intent to burn a structure.
Q:
The crime of theft grew out of the general social concern with
a. violent crime against persons
b. misbehavior by juveniles
c. sexual assaults against persons
d. arson against persons
Q:
Today, arson is a crime against possession and occupancy, not just against
a. ownership.
b. property.
c. buildings.
d. titles.
Q:
The actus reus of receiving stolen property is the act of receiving the
a. property.
b. money.
c. knowledge of the property.
d. summons.
Q:
What is the name of the crime when an attacker compromises routing packets to direct a file or transmission to a different location?
a. spoofing.
b. piggybacking.
c. data diddling.
d. salami attack.
Q:
Most states have divided robbery into degrees, based on how many circumstances?
a. two
b. three
c. four
d. five
Q:
Even slightly mishandling the victim, like a push, turns the pickpocket into a
a. burglar.
b. arsonist.
c. robber.
d. extortionist.
Q:
Robbery is really two crimes, theft and
a. extortion.
b. assault.
c. arson.
d. stalking.
Q:
What motivates cybercriminals?
a. revenge.
b. hate.
c. ideology.
d. all of these answers motivate cybercriminals.
Q:
What is the crime in which theft is accomplished under circumstances intended to terrorize the victim by actual injury or the threat of immediate injury to the victim?
a. extortion
b. burglary
c. robbery
d. false pretenses
Q:
What is the name of a scheme in which schemers tell investors they"re buying assets like real estate, stocks and bonds, or consumer products when in fact, they"re buying nothing?
a. Ponzi schemes
b. Stewart schemes
c. Nanz schemes
d. Tendrick schemes
Q:
What statutes eliminate needlessly separating theft into distinct offenses
according to their actus reus?
a. consolidated theft statutes.
b. mitigated theft statutes.
c. interpretated theft statutes.
d. instigated theft statutes.
Q:
The federal mail fraud statute played an essential role in the government's case against
a. Thomas Maze.
b. Timothy McVeigh.
c. Kenneth Lay.
d. Martha Stewart.
Q:
The federal mail fraud statute defines false pretenses
a. much more broadly than common law fraud.
b. much less broadly than common law fraud.
c. the same as common law fraud.
d. slightly different than common law fraud.
Q:
Most states have consolidated the old crimes of larceny, embezzlement, and false pretenses into one offense called
a. theft.
b. receiving stolen property.
c. breaking and entering.
d. white-collar crime.
Q:
Professionals who sell stolen property for profit are called
a. purveyors.
b. fences.
c. procurers.
d. wholesalers.
Q:
Most states have made an attempt to better organize the law of theft by enacting what statutes?
a. omnibus larceny
b. comprehensive theft
c. complete theft
d. consolidated theft
Q:
The group of crimes that under common law were referred to as abuse-of-trust crimes eventually came to be called
a. cybercrime.
b. arson.
c. white-collar crime.
d. embezzlement.
Q:
Legislatures responded to the problem of unlawful conversion of property by creating what felony?
a. embezzlement
b. robbery
c. larceny
d. theft
Q:
Which of the following terms means theft by deceit?
a. obtaining property by false pretenses
b. obtaining property by converting
c. obtaining property by embezzling
d. obtaining property by stealing
Q:
Illegally obtaining property by trick, deception, or lie is called
a. voyeurism.
b. fraud by deception.
c. false pretenses.
d. larceny by lie.
Q:
Larceny was born as the common law tool to protect the Anglo-Saxons' most valuable possession, which was
a. land.
b. money.
c. children.
d. livestock.
Q:
What crime was created to deal with caretakers who wrongfully appropriated the money that came into their possession but really belongs to others?
a. embezzlement
b. larceny
c. false pretenses
d. extortion
Q:
What do the crimes of theft, robbery, fraud, and receiving stolen property all have in common?
a. they all consist of taking someone else's property
b. they all consist of damaging someone else's property
c. they all consist of destroying someone else's property
d. they all consist of invading someone else's property
Q:
What was the first nonconsensual, non violent taking felony?
a. false pretenses
b. larceny
c. extortion
d. robbery
Q:
Describe the information stolen by identity thieves. What are some of the difficulties faced by victims of this crime?