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Criminal Law
Q:
Joe Josey has a hot temper and has been drinking heavily at the Circle K bar. He believes that the young man occupying the bar stool next to his is trying to make a pass at the bartender, who happens to be Joe's girlfriend. Joe stands up and tries to punch the young man, but instead stumbles and smacks the little old lady on the next bar stool over. She falls and suffers a concussion. The concept that best explains why Joe may be criminally liable for the harm the old lady suffers is:
A) actus reus.
B) mens rea.
C) specific intent.
D) transferred intent.
E) all of the above
Q:
The rule that a person can only be tried once for the same offense is _______________.
Q:
Battered wife syndrome includes:
A) the wife's belief that she deserves the abuse.
B) fear of retribution if the victim leaves the abuser.
C) .the wife is unlikely to report abuse or will often recant their charges.
D) developing a condition called "learned helplessness."
E) all of the above
Q:
Specific intent means that:
A) an individual committed a crime intending to cause a specific criminal result such as the death of a specific individual.
B) an individual committed the crime intending to cause one harm, but instead caused another harm such as burning down a house for the insurance money, but in the process also causing the death of a family member.
C) both A and B
D) none of the above.
Q:
The amount of proof required before an officer can obtain a search warrant is ___________________.
Q:
Which of the following is or are true concerning those convicted of possessing child pornography?
A) Convicts must register as sex offenders.
B) Convicts lose the right to own a computer for the rest of their lives.
C) Convicts risk being classified as sexually dangerous by "clear and convincing" evidence.
D) Convicts risk being classified as sexually dangerous by "proof beyond a reasonable doubt.
E) A and C only.
Q:
To prove mens rea in a second, third, or fourth degree crime, the prosecution must prove:
A) the defendant took an unjustifiable risk.
B) the defendant purposely committed the crime with intent to accomplish a particular result.
C) only that the defendant committed the crime.
D) the defendant took an unreasonable risk.
E) None of the above.
Q:
A document issued by a magistrate or judge authorizing the search of a place or the arrest of a person is a _______________.
Q:
Which is not a characteristic of a Schedule One drug?
A) The drug or other substance has a high potential for abuse.
B) The drug or other substance has an accepted medical use.
C) The drug or other substance has no accepted medical use.
D) There is a lack of accepted safety for use of the drug or other substance under medical supervision.
E) both A and B
Q:
Scienter:
A) is a contraction of science center or another name for a crime lab.
B) is a necessary element to prove when the offender knew the law was being broken.
C) must be proved to establish mens rea.
D) only a wrongful act must occur.
E) A, B and D are all correct.
Q:
A hearing preparatory to admitting a confession into evidence where the prosecutor must prove that the confession was voluntary is a ________________ hearing.
Q:
Which of the following are prongs of the Miller test?
A) Whether the average person, applying "contemporary community standards" would find that the work, taken as a whole, appeals to prurient interest.
B) Whether the work displays or describes, in a patently offensive way, sexual contact specifically defined by a state statute.
C) Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
D) Whether the average person, applying "contemporary community standards" would find that the work, taken as a whole, is too violent to be seen by children.
E) A, B, and C only.
Q:
In strict liability crimes:
A) intent is irrelevant.
B) mens rea is irrelevant.
C) the prosecutor must strictly prove mens rea to get a conviction.
D) only a wrongful act must occur.
E) A, B and D are all correct.
Q:
The act of admitting guilt or complicity to the commission of a crime is a __________________.
Q:
Which is most likely an example of an illegal gambling operation?
A) a bingo night operated by a small church
B) a pit bull dog fight with chances being sold on the winner of the match
C) a state run lottery
D) a casino operated on a Native American reservation
E) None of the above is illegal.
Q:
Parents may be responsible for their children's crimes if:
A) the parent allows the child to take the family car while knowing the child does not have a license to operate the vehicle.
B) the parent owns a gun but does not lock it up and the child uses the weapon.
C) the parent leaves illegal drugs within easy reach and the child sells the drugs to a classmate.
D) Parents are never responsible for their children's criminal acts.
E) A, B and C are all correct.
Q:
A presumption that cannot be disproved regardless of the amount or quality of the evidence to the contrary is a ________________ presumption.
Q:
Illegal gambling operations can be prosecuted under federal law if:
A) the gambling operation violates state law where it is operated.
B) the operation involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of the business
C) the operation has been, or remains in, substantially continuous operation for a period in excess of thirty days, or has a gross revenue of $2,000 in any single day.
D) any of the above
E) all of the above
Q:
Jack and Jill are computer experts who have come up with a way to break into their college registrar's office via the Internet. They discuss which grades they will change once they launch their cyber attack. Jill's stepbrother overhears the conversation and calls a friend at the local police department. Just as Jack and Jill enter the code that will allow them onto the registrar's server from their computer in the family room, police offices storm their quiet suburban home and yell, "Freeze. Drop that mouse." They comply. What are the likely charges?
A) Breaking and entering
B) Conspiracy to commit grade inflation
C) Conspiracy to commit computer crime
D) none of the above
E) B and C
Q:
A presumption that can be overcome by presenting evidence to the contrary is a___________________ presumption.
Q:
State-run lotteries are not illegal gambling because:
A) the odds against winning are so high, players are not gambling, they voluntarily paying taxes.
B) state legislatures authorize the lotteries and ensure the proceeds are used for appropriate public expenditures.
C) they are games of skill, not chance.
D) state governments are tax exempt and therefore exempt from the federal ban on games of chance.
E) they provide a legal outlet for incurable chronic gamblers.
Q:
Which is an example of a status crime?
A) Being in the country on a student visa
B) Being in the country after having entered illegally
C) Being homeless
D) Carrying a deadly virus
E) none of the above
Q:
The Constitutional right to not testify against one's own interest when charged with a crime is called the _______________.
Q:
Which of the following statements are true about marijuana?
A) Some states have decriminalized marijuana for recreational use.
B) Children who smoke marijuana at an early age are more likely to suffer from Attention Deficit Disorder.
C) Marijuana is illegal because of the "munchies' side effect, which encourages obesity.
D) Some states allow medical marijuana use for glaucoma and other specific ailments.
E) A and D only.
Q:
Which is (are) elements of a crime?
A) Causation
B) Actus reus
C) Mens rea
D) all of the above
Q:
Polygraph test results are always admissible in court.
Q:
The Mann Act:
A) outlaws the transportation of a person across state lines for "immoral purposes."
B) defines prostitution as the involuntary sale of sex.
C) outlaws the transportation of a person across state lines with the intent to procure an abortion, when that procedure would be regulated in the home state.
D) outlaws the transportation of a child across state lines for "immoral acts" but allows the same for consenting adults.
E) none of the above
Q:
The concept of corpus dilecti prevents a person from being convicted based on his or her confession unless:
A) the police have located the body.
B) additional evidence tying the person to the crime exists.
C) the police can prove a crime was committed
D) B and C.
E) none of the above
Q:
If a state changes the interval between parole hearings, it violates the Constitution's prohibition on ex post facto laws.
Q:
Carla received a Christmas gift from her aunt, a check for $100. She adds a 1 in front of the $100 and the words "One Thousand" in front of the Hundred Dollars and No cents and cashes the check. What type of check fraud has she committed?
Q:
Police officers sometimes encounter a psychological phenomenon individuals who confess to crimes they did not commit. To weed out these criminal imposters, police will:
A) withhold a piece of evidence and wait for the individual to reveal what that piece of evidence is.
B) subject the individual to a brain scan.
C) run a simple lie detector test on the individual.
D) none of the above
E) all of the above
Q:
A person can be tried for the same act if it violates both state and federal laws.
Q:
A retail clerk jots down the names, account numbers and routing numbers (numbers on your check which instruct banking institutions which bank holds the account and how to process the check) of checks she handles as a cashier. She then purchases goods online, using the check information. What crime or crimes may she be guilty of?
Q:
The elements of corpus dilecti are:
A) actus reus, mens rea, and harm.
B) mala in se, mens rea, and harm.
C) mala prohibita, mens rea, and harm.
D) harm resulting from a criminal act.
E) none of the above
Q:
Wiretaps are always unreasonable searches.
Q:
Students waiting to hear if prestigious business schools have accepted them into next year's class come across instructions on an online bulletin board posted by an anonymous hacker. The hacker posts simple directions for students to gain access to the business school's acceptance letters. By typing in a web address, www.businessschoolisus.edu/admissions/acceptance/johndoe.cfm, students can access their own letters only. (That is, the hacker tells them to replace johndoe with their own names to get into their own files) Several students use the instructions and see their acceptance or rejection letters before they are mailed out and official. What crime, if any, have they committed?
Q:
You are a police officer responding to a report of a person injured by the side of the road. You find a young woman with injuries consistent with being hit by a car. Do you have the necessary elements for a corpus dilecti of a crime?
A) Yes, because there is no car around. So it is a hit and run.
B) No, because she is harmed, but you do not know for certain the harm was caused by a criminal act.
C) No. Until she tells you she was hit by a car, you don"t know for certain that she was.
D) No, because you don"t yet know that the driver of the car committed a crime or whether this was an accident.
E) B, C, and D.
Q:
Officers must quickly obtain a search warrant to obtain evanescent evidence.
Q:
You live in a city ravaged by a category 5 hurricane. You have no electricity or running water. Emergency workers are slow to respond. You and some friends decide to go to the local store to get bottled water. The store has been abandoned. You break the windows, enter the store and take only the water and non-perishable food you think you will need. Seeing no way to pay for the goods, you leave. The police arrive at this point and arrest you. What law, if any, have you broken? What is your defense?
Q:
A man and a woman are joking around near a swift moving creek while on a date. The man, thinking the woman could swim, pushes her into the water. She starts flailing and yelling, "I can"t swim." Why does the law require him to try to save her?
A) If he ever wants to take her out again, he better rescue her.
B) He owes a duty to attempt to save her because he placed her in peril.
C) He owes a duty by volunteering because he voluntarily pushed her in the water.
D) He owes a duty by relationship because they are dating.
E) All of the above.
Q:
"Stop and frisk" searches are unconstitutional because officers lack probable cause.
Q:
Explain the concept of property.
Q:
Examples of omissions that may be crimes include: (Choose all that apply.)
A) a parent who does not provide needed medical care for a minor child so that the child dies as a result of the lack of medical care.
B) a doctor who does not stop at the scene of an accident to help an injured motorist.
C) a motorist who does not stop and wait for help to arrive when he hits a woman crossing the street.
D) a doctor on duty in the ER who does not attempt to save the life of an ER patient because he knows the patient is a criminal.
E) All of the above.
Q:
The consent once removed doctrine means that a resident who revokes consent to be searched may evict the police, and any evidence they obtained cannot be used against the resident.
Q:
To convict a defendant of malicious mischief, a prosecutor must prove the defendant intended to destroy or harm property in a way that diminishes its ______________.
Q:
Explain the decision of the Supreme Court in the case Heart of Atlanta Motel v. U.S. and why did they make that decision?
Q:
To obtain a search warrant, police must produce evidence showing guilt beyond a reasonable doubt.
Q:
According to the Supreme Court, states cannot ban individuals from purchasing guns for ______________.
Q:
In what ways is the judiciary restrained by the legislative and executive branches? What power does the judiciary have to restrain the other branches?
Q:
The greater the expectation of privacy, the more likely law enforcement personnel need a search warrant.
Q:
A person who changes information on a check is guilty of ______________ forgery.
Q:
Explain the main differences between civil and criminal law.
Q:
Historically, French control over the lives of the people in the American colonies led to the establishment of Constitutional prohibitions against "unreasonable searches and seizures" and the arrest of citizens except "upon probable cause."
Q:
A person who sets a fire with the intent of collecting insurance proceeds is guilty of ______________.
Q:
What are the sources of law in the United States?
Q:
It is possible for an act to have violated both federal and state laws at the same time.
Q:
At Common Law, a burglary could only occur ______________.
Q:
Explain some of the functions of the law.
Q:
The Department of Justice's Petite Policy prohibits state prosecutors from prosecuting a defendant on state charges if the federal law violated in substantially similar to a state one, and the federal government has prosecuted the defendant on the same charges.
Q:
When a person trusted with money to hold for another person converts it for her own use, she is guilty of ______________.
Q:
Magistrates, justices of the peace, or municipal judges are referred to as _________ judiciary.
Q:
The right to remain silent is provided in the Fifth Amendment.
Q:
To prove theft, prosecutors must prove the defendant intended to deprive the owner of the property ______________.
Q:
When Congress passes a law, it often instructs a federal agency or agencies to develop ___________ that provide guidance on how the law should be enforced.
Q:
A crime that punishes a person for mowing their lawn on Tuesdays, even on those Tuesdays occurring before the law was passed, is an example of a Bill of Attainder.
Q:
A person who taps into their neighbor's cable line to get free television is guilty of theft of ______________.
Q:
To issue an arrest warrant, a judge or magistrate must be convinced there is _________ that a crime was committed and the defendant committed it.
Q:
Evidence that is obtained through a search that violated the rights of the accused cannot be used in trial.
Q:
The most common form of property ownership for married couples is ______________ .
Q:
A government's power to enforce a law is called its _________ power.
Q:
Under the Seventh Amendment, "all the charges against a defendant that grow out of a single criminal act, occurrence, episode, or transaction" must be tried at the same time.
Q:
Property consists of a bundle of ______________.
Q:
The Constitution's Commerce Clause allows the federal government to regulate _________ commerce.
Q:
A police officer may search a vehicle if he/she has reasonable cause that would allow a warrant to have been issued if the officer had attempted to do so, because taking the time to seek a warrant would create the likelihood that the automobile would change location.
Q:
Most homicides in the U.S. involve guns.
Q:
The concept that federal law must take precedence over state and local law is called the _________ doctrine.
Q:
Searches are unreasonable if they unduly interfere with a person's expectation of privacy, such as a police officer's use of evidence that was in plain view.
Q:
The FBI often e-mails people asking for their social security numbers in order to assist with investigations.
Q:
Federal judges including Supreme Court justices may only be removed from office through the process of _________.
Q:
The Fourth Amendment provides protection against unreasonable searches and seizures, as a way to protect citizens from overzealous law enforcement officers and judges eager to secure criminal convictions.