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Criminal Law
Q:
Voluntary manslaughter involves intentionally killing another in the sudden heat of passion, which
a. was caused by a legally recognized adequate provocation.
b. was caused by a mental disease or defect.
c. caused the actor to be reckless.
d. gave the actor time to cool off.
Q:
By 1700, the English common and statute laws of homicide and the American colonies' law recognized three kinds of homicide. Which of the following is not one of those kinds of homicide?
a. justifiable homicide
b. excusable homicide
c. criminal homicide
d. paramour homicide
Q:
In which case did the California Supreme Court refused to push back the definition of person to include fetuses before the birth process?
a. Keeler v. Superior Court (1970)
b. State v. Cotton (2000)
c. State v. Fiero (1979)
d. Byford v. State (2000)
Q:
Which of the following is true?
a. criminal homicides are rare events
b. no states have passed euthanasia laws
c. first- and second-degree murder are the only crimes you can be executed for
d. killing another "person" is central to criminal homicide liability because it determines the punishment
Q:
Which of the following refers to an offense that is inherently evil?
a. mala in se
b. mala prohibitum
c. actus reus
d. mens rea
Q:
Unintentional deaths that occur during the commission of some felonies are called
a. felony murder.
b. excusable homicide.
c. involuntary manslaughter.
d. depraved heart murder.
Q:
If an armed offender accidentally killed the store clerk during an armed robbery, this would be
a. felony murder.
b. excusable homicide.
c. involuntary manslaughter.
d. depraved heart murder.
Q:
Killing done by someone "not of sound memory and discretion" is known as
a. felony murder.
b. depraved heart murder.
c. voluntary manslaughter.
d. excusable homicide.
Q:
Which of the following is typically an aggravating circumstance that will justify infliction of the death penalty?
a. torture of victim
b. victim attempted to defend themselves
c. victim was related to offender
d. victim was a stranger
Q:
There's a trend in the U.S. to abolish which of the following?
a. second degree murder
b. voluntary manslaughter
c. unlawful act manslaughter
d. involuntary manslaughter
Q:
The central elements in involuntary manslaughter are
a. actus reus and mens rea.
b. motive and mental competence
c. caveat emptor and mens rea.
d. actus reus and caveat emptor.
Q:
What reduces the seriousness of the crime and the punishment to allow for human frailty?
a. provocation
b. justification
c. torture
d. verbal attack
Q:
In a death penalty case, a finding by the jury that the defendant did not have a significant criminal background is considered
a. an aggravating factor.
b. a mitigating factor.
c. a complicating factor.
d. an irrelevant factor.
Q:
Bifurcation requires
a. that the crime of murder is divided into intentional and unintentional murder.
b. that the crime of murder is divided into first degree and second degree murder.
c. that state death penalty statutes allow mitigating evidence to be introduced during the penalty phase of a capital murder trial.
d. that in a death penalty case there are two phases: the trial on guilt or innocence and a separate hearing, after a guilty verdict, to consider the evidence for and against capital punishment.
Q:
The Constitution requires that in capital punishment cases
a. judges and juries have wide discretion in deciding who is sentenced to death.
b. mandatory death sentences are appropriate in certain clearly defined situations.
c. Judges and juries can"t impose the death penalty without a list of specific criteria for and against the death penalty to guide their decision.
d. states can limit the types of mitigating factors that the defendant can introduce.
Q:
An intentional, sudden killing triggered by an adequate provocation is said to be
a. the heart of voluntary manslaughter.
b. the heart of involuntary manslaughter.
c. the heart of first degree homicide.
d. the heart of second degree homicide.
Q:
What is the purpose of the Racketeer Influenced and Corrupt Organizations (RICO) Act? What types of crime does RICO generally address? Be sure to provide examples.
Q:
Describe the two types of large scale conspiracies. How are they similar? How are they different?
Q:
Conspiracy is the crime of agreeing with one or more people to commit a crime. What are the two public policy justifications for attaching criminal liability for conspiracy? Do you agree with these justifications? Why/why not?
Q:
Explain the voluntary abandonment defense. What do proponents of the defense say to support their argument? What do opponents of the defense say to support their argument? Which side do you agree with? Why?
Q:
Explain attempt mens rea and attempt actus reus. What are the different tests available for attempt actus reus? Explain the difference between these tests.
Q:
Describe the dilemma inchoate offenses present to free societies. Discuss the three different ways the problem of inchoate offenses are resolved.
Q:
Discuss legal and factual impossibility regarding liability. Explain why one is a defense to attempt liability and one is not. Provide examples.
Q:
Define, compare, and contrast the various approaches to the actus reus of attempt. Provide an example of each. Which do you think is the best? Be sure to explain your position.
Q:
What are the two rationales for the crime of attempt? Provide an example of each.
Q:
Define, compare, and contrast attempt, solicitation, and conspiracy. Be sure to provide an example of each.
Q:
______________ is the crime of trying to get someone else to commit a crime.
Q:
The heart of ______________ is the agreement between two or more people to commit a crime.
Q:
There are two types of large scale conspiracies: ______________ and chain.
Q:
Voluntary and ______________ abandonment of an attempt in progress is a defense to attempt liability in about half the states.
Q:
One can become guilty of ______________ long before he is criminally liable for attempt.
Q:
______________ impossibility is not a defense to an attempt crime.
Q:
Attempt actus reus is based on ______________ theories of attempt.
Q:
The mens rea of ______________ crimes is always purpose the intent to commit a specific crime.
Q:
RICO stands for Racketeer Influenced and______________ Organizations.
Q:
______________ offenses require some action but not enough to complete the crime intended.
Q:
The mens rea of solicitation requires words that actually try to get someone to commit a crime.
Q:
RICO applies harsh penalties to those engaged IN criminal enterprise or illicit activity that is run like a business.
Q:
There are three types of large scale conspiracies.
Q:
The core of conspiracy is an agreement to commit a crime.
Q:
According to the voluntary abandonment defense, defendants who voluntarily and completely renounce their criminal purpose can avoid criminal liability.
Q:
Legally impossible attempts and abandoned attempts are both excuse defenses.
Q:
Preparing to carry out your intention to commit a crime doesn"t qualify as attempt actus reus.
Q:
A general attempt statute is a single statute that applies to the attempt to commit all crimes in the state's criminal code.
Q:
Dangerous person rationale looks at how close defendants came to completing their crimes.
Q:
Some jurisdictions still follow the common law of attempt.
Q:
For the solicitor to be guilty of solicitation, the person solicited must commit the solicited crime.
Q:
Modern conspiracy statutes have clarified the mens rea element of the crime.
Q:
A person can be guilty of conspiracy even though they do not know all of the others in the conspiracy.
Q:
Conspiracy mens rea isn"t clearly defined in modern legislation.
Q:
One purpose of requiring some overt acts in a conspiracy statute is to verify the firmness of the agreement.
Q:
The mens rea of inchoate crimes is always the purpose or specific intent to commit a specific crime.
Q:
In some jurisdictions, the crime of solicitation is limited to solicitation to commit felonies.
Q:
RICO stands for Racketeer Infiltrated and Corrupt Organizations.
Q:
In conspiracy, a criminal objective is the criminal goal of an agreement to commit a crime.
Q:
Punishing solicitation is based on a different idea than punishing conspiracy.
Q:
Conspiracy is a specific intent crime.
Q:
To be a valid defense, the abandonment of an attempt must be involuntary.
Q:
The Model Penal Code approach to the actus reus of attempt involves substantial steps that strongly corroborate the actor's criminal purpose.
Q:
Factual impossibility is not a valid defense to the crime of attempt.
Q:
Legal impossibility is a defense to the crime of attempt.
Q:
All inchoate offenses have a specific intent element.
Q:
The last act rule is the strictest rule of attempt actus reus.
Q:
Liability for criminal attempt offenses is based on two rationales.
Q:
Inchoate offenses require enough action to complete the crime intended.
Q:
Punishing solicitation is based on the same idea as punishing conspiracy.
Q:
Casey decides to start an illegal business. He contacts all of his friends and family and pools a significant sum of money. Casey purchases a large quantity of marijuana and imports it using his friend Ryan. Ryan delivers the marijuana to Walter. Walter distributes the marijuana to a number of different people for sale. Only Casey knows everyone involved in his marijuana business.
Which of the following is part of the actus reus of the crime Lon has committed in some states?
a. agreement to commit a crime.
b. an overt act in furtherance of the agreement to commit a crime.
c. agreement to commit a crime and an overt act in furtherance of the agreement to commit a crime.
d. none of these are part of the actus reus of Lon's crime.
Q:
Casey decides to start an illegal business. He contacts all of his friends and family and pools a significant sum of money. Casey purchases a large quantity of marijuana and imports it using his friend Ryan. Ryan delivers the marijuana to Walter. Walter distributes the marijuana to a number of different people for sale. Only Casey knows everyone involved in his marijuana business.
The actus reus of Casey's crime has how many parts?
a. two
b. three
c. four
d. five
Q:
Casey decides to start an illegal business. He contacts all of his friends and family and pools a significant sum of money. Casey purchases a large quantity of marijuana and imports it using his friend Ryan. Ryan delivers the marijuana to Walter. Walter distributes the marijuana to a number of different people for sale. Only Casey knows everyone involved in his marijuana business.
What kind of inchoate crime is Casey involved in?
a. accessory.
b. complicity.
c. accomplice.
d. conspiracy.
Q:
Sanchez owns 13 adult entertainment stores that have been operating successfully for ten years. Sanchez is convicted of transporting and selling obscene material. He was also convicted of racketeering activity.
The act Sanchez violated allows which of the following?
a. high maximum fines.
b. long maximum prison sentences.
c. high maximum fines and long maximum prison sentences.
d. none of these answers is correct.
Q:
Sanchez owns 13 adult entertainment stores that have been operating successfully for ten years. Sanchez is convicted of transporting and selling obscene material. He was also convicted of racketeering activity.
If he is convicted, which of the following is a likely punishment?
a. fines.
b. incarceration.
c. forfeiture.
d. all of these are likely punishments.
Q:
Sanchez owns 13 adult entertainment stores that have been operating successfully for ten years. Sanchez is convicted of transporting and selling obscene material. He was also convicted of racketeering activity.
Sanchez is in violation of what act?
a. the RICO act.
b. the TAX act.
c. the STAMP act.
d. The Rackeetering and Munitions act.
Q:
Joseph owns his own car maintenance shop. He has been in business for twenty years and has done quite well. Edward opens a car maintenance shop across the street from Joseph. Joseph loses a large number of customers to Edward. Joseph decides to eliminate the competition and hires a man to murder Edward for the sum of $5,000.
Regarding the actus reus of Joseph's crime, what does the $5,000 represent?
a. inducement to commit murder.
b. incitement to commit murder.
c. request to commit murder.
d. promise to commit murder.
Q:
Joseph owns his own car maintenance shop. He has been in business for twenty years and has done quite well. Edward opens a car maintenance shop across the street from Joseph. Joseph loses a large number of customers to Edward. Joseph decides to eliminate the competition and hires a man to murder Edward for the sum of $5,000.
What crime has Joseph committed?
a. attempted murder.
b. conspiracy to commit murder.
c. soliciting murder.
d. Joseph has not committed any crime.
Q:
Stephanie decided that she is done with her marriage and wants out. She does not want a divorce, as her husband is very wealthy and she will not receive a great deal of money if she divorces him. Stephanie decided to murder her husband so that she can keep his money. Stephanie stabs her husband in the chest in the middle of the night not realizing that he died of a heart attack two hours earlier.
In most jurisdictions Stephanie would
a. have the defense of legal impossibility.
b. have the defense of factual impossibility.
c. have no defense, legal impossibility is not a defense to criminal attempt.
d. have no defense, factual impossibility is not a defense to criminal attempt.
Q:
Stephanie decided that she is done with her marriage and wants out. She does not want a divorce, as her husband is very wealthy and she will not receive a great deal of money if she divorces him. Stephanie decided to murder her husband so that she can keep his money. Stephanie stabs her husband in the chest in the middle of the night not realizing that he died of a heart attack two hours earlier.
This scenario is an example of a:
a. factual impossibility.
b. legal impossibility.
c. both legal and factual impossibility.
d. none of these answers is correct.
Q:
The case of U.S. v. George Lee MIMS, Sr. involved what inchoate crime?
a. attempt.
b. conspiracy.
c. solicitation.
d. it involved the RICO act.
Q:
What is the name of the Model Penal Code test of attempt actus reus?
a. the dangerous proximity to success test.
b. indispensable element test.
c. the unequivocality test.
d. the substantial steps test.
Q:
Which test of attempt actus reus examines whether an ordinary person who saw the defendant's acts without knowing her intent would believe he was determined to commit the intended crime?
a. the all but the last act test.
b. the dangerous proximity to success test.
c. the indispensable element test.
d. the unequivocality test.
Q:
Which test of attempt actus reus asks whether defendants have reached a point where they"ve gotten control of everything they need to complete the crime?
a. the all but the last act test.
b. the dangerous proximity to success test.
c. the indispensable element test.
d. the unequivocality test.