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Q:
What is the name of the test which focuses on volitional incapacity?
a. The M"Naghtentest
b. The "right and wrong" test
c. The Product rule
d. The "Substantial Capacity" Test
Q:
What is the name of the test which combines cognitive incapacity and moral incapacity?
a. The M"Naghtentest
b. The "right and wrong" test
c. The Product rule
d. The "Substantial Capacity" Test
Q:
A defendant who is found not guilty by reason of insanity is almost always
a. tried again for the same offense
b. set free
c. committed to a mental institution
d. reimbursed by the government for the cost of the trial
Q:
A defendant of questionable competency should not be tried for a criminal violation because
a. trials of incompetent persons violate their due process rights
b. due process requires persons charged with crimes to be given an opportunity to consult with counsel
c. due process requires persons charged with crimes to be given an opportunity to assist in their own defense
d. all of these answers are correct
Q:
How often is voluntary intoxication or drug use the basis for the successful assertion of the insanity defense?
a. almost never
b. never
c. almost always
d. always
Q:
The M"Naghtenrule differs from the substantial capacity test primarily on the of the defendant's understanding of events that made up the crime charged.a. magnitudeb. capacity c. logicality d. quality
Q:
The second prong requires
a. requires a showing the defendant did know what he was doing
b. requires a showing the defendant did not know what he was doing was wrong
c. requires a showing the defendant did not know what he was doing
d. requires a showing the defendant knew what he was doing was wrong
Q:
A rebuttable presumption means the presumption
a. may not be overcome by the presentation of evidence
b. may be overcome by the presentation of evidence
c. may be presented by the prosecution only
d. may be presented by the defense only
Q:
In some states there is a presumption that children between the ages of 7 and 14 have the capacity to commit a crime.a. mandatory b. inferential c. conclusive d. rebuttable
Q:
At what age do most states infer that individuals are competent and capable of committing a crime?a. 5 b. 7 c. 14 d. 18
Q:
The common law established the lowest age of criminal responsibility at agea. 5 b. 7 c. 14 d. 18
Q:
The first prong of the M"Naghten rule
a. requires a showing the defendant did know what he was doing
b. requires a showing the defendant did not know what he was doing was wrong
c. requires a showing the defendant did not know what he was doing
d. requires a showing the defendant knew what he was doing was wrong
Q:
Under which of the following circumstances do states permit the insanity defense with voluntary intoxication or drug use?a. when it has created a "settled" psychotic mental stateb. states always permit the insanity defense with voluntary alcohol use but not with drug use c. states always permit the insanity defense with voluntary drug use but not with alcohol use d. states never permit the insanity defense with voluntary intoxication or drug use
Q:
The two prongs of the M"Naghtenrule are
a. cognitive incapacity and moral incapacity
b. cognitive incapacity and volitional incapacity
c. volitional incapacity and moral incapacity
d. volitional incapacity and the product-of-mental illness
Q:
The age selected by the jurisdiction as the minimum age for a child's criminal responsibility creates a conclusive presumption thata. a child under that age lacks the capacity to commit a crimeb. a child under that age would not commit a crimec. a child under that age does not want to commit a crimed. a child under that age has the capacity to commit a crime
Q:
A person who lacks competency does not have the ability to understand what is happening at trial, and thus lacks the ability to participate in his own defense.
a. True
b. False
Q:
Mental illness, mental retardation, or many forms of physical illnesses may be the basis for finding a person incompetent to stand trial.
a. True
b. False
Q:
A verdict of not guilty by reason of insanity results in a conviction of the defendant.
a. True
b. False
Q:
Voluntary intoxication or drug use is almost never the basis for the successful assertion of the insanity defense.
a. True
b. False
Q:
A defendant found guilty but mentally ill may still be given a sentence that could have been ordered for a conviction on the crime charged.
a. True
b. False
Q:
The substantial capacity test applies whenever the defendant cannot "appreciate" the nature of his acts, or that they were wrong, a lesser requirement.a. Trueb. False
Q:
The M"Naghten rule applies only if the defendant knew the nature of his acts and that they were wrong.
a. True
b. False
Q:
The two prongs of the M"Naghten rule include cognitive and moral incapacity.
a. True
b. False
Q:
The Washington Supreme Court identified eight factors to consider in determining capacity.
a. True
b. False
Q:
Many states have codified some version of the common law rules on children's criminal capacity, though they vary on the age limits adopted.
a. True
b. False
Q:
Under the common design rule, when people have a common plan to do an unlawful act, whatever is done in furtherance of the common design or plan is the act of all, and they can all be punished for that act. Explain what this means for both criminal and civil liability. How might the impact be different for civil liability?
Q:
In what circumstances may abandonment of the criminal purpose have an effect on liability for an attempt, or liability for criminal acts done in a conspiracy?
Q:
Explain the mens rea of the crime of attempt.
Q:
Explain the theory of "what one did, they all did" in determining criminal liability in a conspiracy. Give an example.
Q:
In the case United States v. Falcone (1940), the defendants sold yeast and sugar to a man who was making illegal alcohol. The evidence showed that defendants knew that their products were being used for illegal purposes. What was the Supreme Court's decision regarding the existence of a conspiracy? What was the Court's reasoning?
Q:
Some conspiracy statutes require evidence of an overt act by one of the co-conspirators. What is the justification for such a requirement? In what type of case might an overt act not be required?
Q:
What types of impossibility defenses have been rejected by the U.S. Supreme Court? Why? What type of impossibility defense is still viable?
Q:
Describe the crime of solicitation and give examples of solicitation crimes. Explain how corroboration requirements are used in solicitation statutes.
Q:
Why does the criminal law consider certain acts illegal even though the crime itself has not yet been completed or is still in the planning stages?
Q:
The Model Penal Code states that a conviction for a conspiracy requires proof of an .
Q:
Most state statutes on criminal conspiracy have replaced the "bilateral approach" with the .
Q:
Incitement is synonymous with .
Q:
Inchoate crimes are crimes themselves but also to a more serious crime.
Q:
Anticipatory crimes are commonly referred to as crimes.
Q:
When a criminal statute imposes liability without requiring proof of criminal intent, the offense is called a liability offense.
Q:
Asking someone to commit a crime is known as .
Q:
The principle of liability holds a defendant legally responsible for the unlawful conduct of others that he aids and abets.
Q:
Under common law, a person who knew a crime had been committed and gave aid or comfort to the person who committed the crime was termed a(n) after the fact.
Q:
An example of impossibility would be attempting to buy stolen goods when in fact the goods have not been stolen.
Q:
An example of impossibility would be trying to pick a pocket that is empty.
Q:
The U.S. Supreme Court has stated that the essence of the crime of conspiracy is the to commit a crime.
Q:
The Rule states that the crime of conspiracy cannot be charged if the number of people involved is only those necessary to commit the crime.
Q:
Most state statutes on criminal conspiracy require proof of an act by a defendant.
Q:
If the conspiracy is , the crime of conspiracy is nonetheless complete.
Q:
Someone who was not involved in the preparation of a crime but was present at the time the crime was committed is called a(n)a. accessory before the factb. accessory after the factc. principal in the first degreed. principal in the second degree
Q:
Someone who aids in the preparation of a crime but is not present at the time the crime was committed is called a(n)
a. accessory before the fact
b. accessory after the fact
c. principal in the first degree
d. principal in the second degree
Q:
One conspirator is liable for the crimes committed by another conspirator is called the a. Pinkerton ruleb. general liability rule c. Rule of Fourd. Wharton rule
Q:
Punishment for the consequences of accidents is permissible ifa. the accident occurred during a criminal actb. there were no other criminal behaviorsc. the result was unintendedd. no harm occurs from the accident
Q:
The scope of liability of persons who are a party to a conspiracy or other agreement to do an unlawful act is calleda. common design b. accessoryc. accompliced. the Wharton rule
Q:
Which of the following not an example of a post-crime offense?a. posting bailb. obstructing justice c. committing perjury d. bribing witnesses
Q:
In order for an action to be considered a post-crime offense, there must be a. knowledge that the crime was committedb. an attempt at a conspiracyc. a solicitation by the person or persons who committed the crimed. evidence of a solicitation
Q:
In order for an action to be considered a post-crime offense, the action must a. aid the person who committed the original crimeb. have been considered before the original crime was committed c. be unrelated to the person who committed the original crimed. must in all cases be committed by someone other than the person who committed the original crime
Q:
Broadly speaking, actions taken after a crime has been committed is called a(n)
a. post-crime offense
b. aider
c. abettor
d. conspiracy
Q:
Under common law rules, what was required in order to prove the crime of conspiracy?a. proof of the criminal conspiracy b. an overt actc. any act in furtherance of the conspiracyd. any act, regardless if it furthered the conspiracy
Q:
Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully-automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.During the investigation of this drug offense one of the criminals provided false and misleading information to the police. This could fall under what category?a. Post-crime offenses b. Pre-crime offenses c. Liability offensesd. Due process
Q:
Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully-automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.
What court case affirmed the above court ruling?
a. United States v. Castro, 640 F.3d 19 (1st Cir. 2011).
b. United States v. Vasquez, 640 F.3d 19 (1st Cir. 2011).
c. United States v. Vasquez-Castro, 840 F.4d 19 (1st Cir. 2011).
d. United States v. Vasquez-Castro, 640 F.3d 19 (1st Cir. 2011).
Q:
Four criminals engage in a drug dealing enterprise, where all four are actively dealing drugs together. When they are arrested the police find a fully-automatic Tech-9 weapon. The other three criminals stated they had no idea the fourth criminal had a weapon. All four were charged in Federal Court.
Under what rule can the other three criminals be charged with the fully-automatic Tech-9 weapon?
a. Rosa rule
b. Sparky rule
c. Gun auto rule
d. Pinkerton rule
Q:
Chad "the hammer" Roso spent a couple years in prison for his previous charges. Once he was released he was still determined to harm his exgirlfriend. Chad "the hammer" stalks his exgirlfriend Megan and ends up killing her and burying her dead body in the Nevada desert.
Because Scott "cabbage patch" did not prevent this crime from occurring and even though he knew about it, he
failed to take the necessary steps to stop/prevent this crime, it could fall into what type of liability?
a. Strict
b. Due process
c. Vicarious
d. Vicious
Q:
Chad "the hammer" Roso spent a couple years in prison for his previous charges. Once he was released he was still determined to harm his exgirlfriend. Chad "the hammer" stalks his exgirlfriend Megan and ends up killing her and burying her dead body in the Nevada desert.
Chad's previous prison cellmate Scott "cabbage patch" Salmon drove Chad to Megan's house with the intent of helping Chad dispose of the body. Scott "cabbage patch" helped Chad plan the murder, supplied him with the weapon, and helped bury her in the desert. Chad could be considered a(n)
a. Partner in crime
b. Accomplice
c. Criminal in action
d. Action Jackson Reaction
Q:
Chad "the hammer" Roso spent a couple years in prison for his previous charges. Once he was released he was still determined to harm his exgirlfriend. Chad "the hammer" stalks his exgirlfriend Megan and ends up killing her and burying her dead body in the Nevada desert.Brian "the animal" Heights helps Chad "the hammer" hide out in his basement while the police are searching for him. Brian "the animal" could be charged with__a. solicitationb. aiding and abettingc. being Slim shady wanna bed. conspiracy
Q:
Chad "the hammer" Roso spent a couple years in prison for his previous charges. Once he was released he was still determined to harm his exgirlfriend. Chad "the hammer" stalks his exgirlfriend Megan and ends up killing her and burying her dead body in the Nevada desert.Scott "slim shady" came out of criminal retirement and helped Chad "the hammer" bury Megan's body. Scott couldbe considered a(n)?a. Solicitor b. aider and abetarc. Slim shady wanna be d. Conspirator
Q:
Chad "the hammer" Roso gets into an argument with his girlfriend Megan "too hot" Kole and threatens to kill her.He tells her he is going into his bedroom to get his gun and then she "is down!" Megan "too hot" calls the police who arrive within two minutes and bust down the door just in time to see Chad "the hammer" pointing his gun at Megan screaming, "I"m going to kill you!" The police utilize their Taser and shock Chad before he is able to kill Megan.Because Chad "the hammer" convinced Scott "slim shady" to help in this crime, Chad could be charged with__a. Anticipatoryb. Solicitationc. Conspiracyd. Limitless
Q:
Chad "the hammer" Roso gets into an argument with his girlfriend Megan "too hot" Kole and threatens to kill her.He tells her he is going into his bedroom to get his gun and then she "is down!" Megan "too hot" calls the police who arrive within two minutes and bust down the door just in time to see Chad "the hammer" pointing his gun at Megan screaming, "I"m going to kill you!" The police utilize their Taser and shock Chad before he is able to kill Megan.After this crime was investigated the police determined that Chad "the hammer" had also called his friend Scott "slim shady" Rudy and convinced him to come over and help bury Megan. Scott "slim shady" had actually showed up that night with a shovel and bleach and was ready to help Chad but then realized he had been arrested. Scott provided a full confession and could be charged with a(n) crime.a. Anticipatory b. Manslaughter c. Conspiracyd. Limitless
Q:
Chad "the hammer" Roso gets into an argument with his girlfriend Megan "too hot" Kole and threatens to kill her.
He tells her he is going into his bedroom to get his gun and then she "is down!" Megan "too hot" calls the police who arrive within two minutes and bust down the door just in time to see Chad "the hammer" pointing his gun at Megan screaming, "I"m going to kill you!" The police utilize their Taser and shock Chad before he is able to kill Megan.
Chad could be charged with attempted murder because this crime could be determined as
a. Anticipatory
b. Limitless
c. Murder in the 3rd degree
d. Manslaughter
Q:
Impossibility is generally not a defense, unless
a. the crime did not occur
b. the defendant is ruled mentally incompetent
c. what is being attempted is a crime
d. what is being attempted is not a crime
Q:
Which of the following impossibility defenses is still viable?
a. engaging in conduct one thinks is a crime but that is not a crime
b. engaging in factual impossibility
c. engaging in legal impossibility
d. engaging in legal or factual impossibility
Q:
The Wharton Rule requires that crimes needing more than one person for commission, such as bigamy, require how many people for a conspiracy conviction?a. three or more b. four or more c. five or mored. two or more
Q:
Conspiracy can be proved even if the co-conspirator cannot be found or
a. cannot be identified
b. has died
c. changes his mind
d. refuses to testify
Q:
All participants in a conspiracy or common plan to commit a crime are guilty of any act of another participant as long as that act is deemed a/an of the intended crime.
a. element
b. natural and probable consequence
c. unforeseeable consequence
d. preferred outcome
Q:
What principle of liability holds a defendant legally responsible for the unlawful conduct of others that he aids and abets?a. principalb. accessory c. accomplice d. party
Q:
A person who provides assistance to another who commits the crime is called
a. a solicitor
b. an aider and abettor
c. a co-conspirator
d. solicitee
Q:
A person asking another to commit murder is guilty of
a. solicitation
b. aiding
c. abetting
d. conspiracy
Q:
"A person who is a party to an agreement to commit an unlawful act." This is the definition of which of the following terms?a. an accessory after the factb. an aiderc. an abettord. a conspirator
Q:
If a defendant plans to engage in conduct that he believes to be a crime, but the conduct as planned is not a crime, the defendant is
a. guilty of an attempt
b. guilty of conspiracy
c. not guilty of an attempt
d. none of these answers is correct
Q:
For the crime of attempt, most state and federal courts have rejected the defenses of
a. consent and alibi
b. insanity and necessity
c. coercion and entrapment
d. legal and factual impossibility