Q&A Hero

Q: At common law, kidnapping consisted of how many elements? a. three b. four c. five d. six

Q: Asportation is one of the elements of kidnapping. Asportation means a. confining. b. suffocating. c. restraining. d. carrying away.

Q: What crime is it when a person uses the internet, email, or other electronic communication devices to stalk another person? a. misdemeanor stalking b. attempted assault c. cyber-stalking d. cyber-assault

Q: What fear test have most states adopted from the Model Penal Code to evaluate the harm caused to the stalking victim? a. subjective and objective b. subjective c. objectively reasonable d. objective

Q: Why are rape and other sexual assaults different from all other felonies? a. because under other circumstances, the behaviors connected with them are legal, healthy and desired b. because under other circumstances, the behaviors connected with them are legal c. because under other circumstances, the behaviors connected with them are healthy d. because under other circumstances, the behaviors connected with them are desired

Q: The crime of stalking a. was recognized by the common law. b. has been enacted in only a few states. c. was first enacted in California in 1990. d. only protects famous people who are staked by their fans or enemies.

Q: Under the Model Penal Code, a person who knowingly aims a firearm at or in the direction of another person has committed a. an aggravated assault. b. a misdemeanor assault. c. a negligent assault. d. a felony.

Q: Tricking the victim into believing the act she consented to wasn"t sexual intercourse is known as a. fraud in the fact. b. corroboration in the fact. c. fake in the fact. d. phony in the fact.

Q: Domestic violence crimes have been transformed from a private concern to a criminal justice problem since what decade? a. since the early 1970s b. since the early 1960s c. since the early 1980s d. since the early 1990s

Q: In most jurisdictions, rape today includes ___ elements. a. three b. two c. four d. five

Q: Sexual assault statutes have shifted the emphasis a. away from whether there was consent by the victim to the unwanted advances by the perpetrator. b. away from the unwanted advances by the perpetrator to whether there was consent by the victim. c. to whether the victim knew the perpetrator or not. d. to the intentions of the perpetrator.

Q: In the 1970s and 80s many states abolished what rule that required prosecution to back up rape victims' testimony with that of other witnesses? a. the false witness rule b. the corroboration rule c. the second witness rule d. the best witness rule

Q: An assault is basically either a threatened or attempted a. rape. b. mayhem. c. aggravated battery. d. battery.

Q: A battery is an unjustified a. unwanted and unjustified offensive touching. b. unwanted and unjustified offensive assault. c. assault. d. aggravated assault.

Q: Most state statutes classify sexual assaults where the victim suffers serious bodily harm, as a. simple rape. b. aggravated assault. c. aggravated rape. d. attempted murder.

Q: In states that recognize the defense of "reasonable mistake of age" in statutory rape prosecutions, what is the mens rea with regard to the circumstance of age? a. intent b. purpose c. knowing d. negligence

Q: What crime is second only to murder in being regarded as the most serious crime? a. rape b. kidnapping c. stalking d. frotteurism

Q: Which crime of rape involves an adult having sex with a child, even if the child consented? a. forcible b. common law c. minority d. statutory

Q: In Regina v. Morgan (1975), Britain's highest court held that the defendants were not guilty of rape because they a. reasonably believed the victim has consented. b. reasonably believed the victim was older than she really was. c. did not inflict serious bodily injury on the victim. d. were entrapped into the crime because the victim was a government-paid prostitute.

Q: Kidnapping and false imprisonment both violate what right? a. the right of locomotion b. the right of freedom of movement c. the right of transformation d. the right of freedom from penetration

Q: To satisfy the threat-of-force requirement in a sexual assault trial, the prosecution must show that the victim honestly feared imminent and serious harm and a. there is corroboration of the assault. b. the attacker brandished a weapon. c. the victim resisted the threat. d. the victim's fear was reasonable under the circumstances.

Q: Statutory rape is what kind of crime in most states? a. strict liability b. vicarious liability c. specific intent d. general intent

Q: What kind of crime is rape? a. strict liability b. vicarious liability c. specific intent d. general intent

Q: Force beyond that required to complete sexual penetration or contact is a. not always required to satisfy the force requirement in rape. b. always required to satisfy the force requirement in rape. c. never required to satisfy the force requirement in rape. d. required to satisfy the force requirement in rape ninety percent of the time.

Q: The vast majority of rape victims are raped by a. strangers. b. spouses. c. men between twenty and thirty years of age. d. men they know.

Q: Rape law reforms since the 1970s have a. expanded a defendant's ability to present evidence about the victim. b. repealed rape shield statutes. c. repealed gender neutral rape laws. d. included additional types of sexual penetration.

Q: Many recent rape statutes have modified the common law by a. eliminating the marital rape exception. b. including sexual intercourse in the actus reus. c. lowering the burden of proof to preponderance of the evidence. d. making rape a vicarious liability crime.

Q: Since the 1970s, rape laws have been reformed by a. the creation of the marital exception. b. limiting the offense to vaginal penetration. c. eliminating or moderating the prompt reporting rule. d. eliminating the non-consent element.

Q: Rape shield statutes a. limit evidence of the victim's reputation or past sexual conduct. b. provide for the death penalty for rape. c. prohibit cross examination of the rape victim. d. protect the defendant from prejudicial pretrial publicity.

Q: One of the most critical problems in sex offenses is to distinguish flirting and seduction from? a. sexual assault b. assault c. stalking d. kidnapping

Q: There are __ types of crimes against persons. a. two b. three c. four d. five

Q: Discuss the issues surrounding the definition of the terms "premeditated" and "deliberate" in first degree murder statutes.

Q: Most states today have four main types of criminal homicide. Define and discuss these and provide examples.

Q: Discuss the current law of the actus reus and mens rea of murder. Be sure to provide examples.

Q: Define, compare, and contrast voluntary and involuntary manslaughter.

Q: Discuss how the meaning of "person" is integral to homicide law. How does it present problems at both ends of the life cycle?

Q: The meaning of " " is integral to homicide law.

Q: If the defendant had sufficient time to cool-off after the sudden passion and before the killing, the crime is considered , not voluntary manslaughter.

Q: Unlawful act manslaughter is also known as ___________ manslaughter.

Q: The intentional killing form of manslaughter is ________ manslaughter.

Q: _________________ factors in a death penalty case are introduced during the penalty phase of the case in order to establish that a defendant should be imprisoned instead of being sentenced to death.

Q: The mens rea for involuntary manslaughter is negligence or ___________.

Q: Premeditation need not be for a day, an hour, or even a minute. It may be as as successive thoughts of the mind.

Q: Insulting gestures and words are not legally adequate____________ for purposes of voluntary manslaughter.

Q: Most of the law of criminal homicide is about the seriousness of the offense.

Q: According to the ____________, a fetus could not be the victim of a homicide.

Q: Aggravating factors can turn an intentional murder into a capital murder. a. true b. false

Q: The mens rea of homicide is killing another person or human being. a. true b. false

Q: The term "aforethought" refers to planning in advance. a. true b. false

Q: In a voluntary manslaughter case, adequate provocation is evaluated using a subjective test that examines what was adequate to provoke a particular defendant to kill the victim. a. true b. false

Q: "Express" malice aforethought was reserved for killings that fit the original meaning of murderintentional killings planned in advance. a. true b. false

Q: In some states, the legislatures have created the new crime of feticide, specifically aimed at the killing of a fetus. a. true b. false

Q: Depraved heart murder is defined as extremely reckless killings. a. true b. false

Q: Criminal negligence homicide statutes cover a wide field. a. true b. false

Q: The trend in the law is to abolish the illegal act manslaughter rule. a. true b. false

Q: The central elements in involuntary manslaughter are its actus reus and its mens rea. a. true b. false

Q: Corporations cannot be guilty of criminal homicide. a. true b. false

Q: Most criminal homicide statutes apply to corporations. a. true b. false

Q: All felony murders are intentional homicides. a. true b. false

Q: The heart of voluntary manslaughter is an unintentional, sudden killing triggered by an adequate provocation. a. true b. false

Q: A criminal homicide committed with malice aforethought is murder. a. true b. false

Q: Insulting gestures or words and racial slurs are adequate legal provocation for manslaughter. a. true b. false

Q: Degrees of murder developed though history. a. true b. false

Q: The meaning of "person" is unimportant to homicide law. a. true b. false

Q: Most of the law criminal homicide is about grading the seriousness of the offense. a. true b. false

Q: Criminal homicide is different from all other crimes because of the finality of its result: the death of the victim. a. true b. false

Q: Unlawful act manslaughter is sometimes also referred to as a. voluntary manslaughter. b. misdemeanor manslaughter. c. felony murder. d. depraved heart murder.

Q: Knowingly creating a substantial and unjustifiable risk is the definition of a. negligence. b. gross negligence. c. recklessness. d. criminal negligence.

Q: The mens rea of involuntary manslaughter is usually a. reckless or negligent. b. intentional. c. deliberate and premeditated. d. implied malice.

Q: Which of the following would not be included in criminal negligence homicide statutes? a. unintentional deaths caused by handling explosives b. unintentional deaths caused by delivering drugs c. unintentional deaths caused by failing to care for a sick child d. unintentional deaths caused by accidental discharge of a firearm during a robbery

Q: Which of the following is true about provocation? a. is not an excuse for criminal homicide b. it does not reduce the seriousness of the crime c. it does not reduce the punishment for the crime d. it only applies to depraved heart murders

Q: Which of the following is not a kind of involuntary manslaughter? a. criminal negligence manslaughter b. unlawful act manslaughter c. misdemeanor manslaughter d. common-law manslaughter

Q: With regard to cooling off for voluntary manslaughter, assuming the defendant did not, in fact, cool off, most courts would then apply what test? a. objective test of cooling-off time b. overt test of cooling-off time c. lenient test of cooling-off time d. subjective test of cooling-off time

Q: Which of the following is generally not deemed to be a legally adequate provocation for voluntary manslaughter? a. verbal provocation b. mutual combat c. adultery by spouse d. assault and battery

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 very 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.