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Law
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:
Murder that is extremely reckless but unintentional 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:
About half of the states in the U.S. have abolished 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. actus rea and mens reus.
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. when deciding whether a death sentence should be imposed, judges and juries
must be guided by specific criteria established by statute.
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 state was the first to separate murder into two degrees?
a. Virginia
b. New York
c. Pennsylvania
d. Massachusetts
Q:
Why was the crime of murder divided into first and second degree?
a. to allow some offenders to claim "benefit of clergy"
b. to make it easier for states to convict murderers
c. to distinguish between malicious and deliberate murders
d. to separate murders that deserve the death penalty from those that do not
Q:
The true test of premeditation is
a. the extent of reflection.
b. the extent of time.
c. the extent of injury.
d. the extent of societal harm.
Q:
In which of the following cases did the Supreme Court approve Oregon's Death with Dignity Act?
a. State v. Cotton (2000)
b. Washington v. Glucksberg (1997)
c. Gonzalez v. Oregon (2005)
d. Byford v. State (2000)
Q:
The degree of murder or type of homicide is determined by the actus reus, special circumstances, and the
a. concurrence.
b. act.
c. harm.
d. mens rea.
Q:
Which of the following is not one of the forms of euthanasia?
a. passive
b. active
c. beneficent
d. malicious
Q:
What is the name of assisted suicide?
a. euthanasia
b. homicide
c. involuntary manslaughter
d. voluntary manslaughter
Q:
Throughout most of its history, homicide law has followed what rule?
a. the born alive rule
b. the viable rule
c. the conception rule
d. the living rule
Q:
As the common law developed, murder was distinguished from manslaughter in that murder required
a. malice aforethought.
b. adequate provocation.
c. heat of passion.
d. no actus reus.
Q:
According to the Uniform Brain Death Act, a person is considered dead when
a. his or her heart stops.
b. he or she is in a deep coma, with only sustained breathing and heartbeat.
c. he or she has suffered irreversible cessation of all brain functions, including those of the brain stem.
d. his or her breathing has ceased.
Q:
Most of the law criminal homicide is about
a. grading the seriousness of the offense.
b. grading the punishment for the offense.
c. reducing the seriousness of the offense.
d. reducing the punishment for the offense.
Q:
What kind of conduct poses the following dilemma: whether to punish someone who's done no harm or to set free someone who's determined to commit a crime?
a. incomplete criminal conduct
b. complete criminal conduct
c. incomplete civil conduct
d. incomplete police conduct
Q:
To be a defense to attempt, the abandonment of the attempt must be
a. foreseeable.
b. voluntary.
c. caused by an extraneous factor.
d. caused by victim intervention.
Q:
The reason that legal impossibility will act as a defense to attempt and factual impossibility will not is because
a. it's legally impossible to commit a crime that doesn"t exist.
b. the defendant had no specific intent to commit a crime because it was
legally impossible.
c. the defendant did not go beyond mere preparation which made the crime
legally impossible to commit.
d. there is insufficient evidence that the defendant knew what he was
doing was criminal, making it legally impossible to convict him.
Q:
The defendant sees a car he wants to steal and breaks the window glass. The police interrupt. It turns out the car belongs to the defendant. The defendant
a. is guilty of attempted theft.
b. has a defense of voluntary abandonment.
c. has a valid defense of legal impossibility.
d. has a valid defense of factual impossibility.
Q:
Inchoate offenses punish people for crimes they"ve started to commit
a. but have not finished committing.
b. and are going to finish committing.
c. but will never be able to finished committing.
d. can not be proven beyond a reasonable doubt.
Q:
Stabbing an already dead victim is an example of
a. a legal impossibility.
b. a de facto impossibility.
c. a juristic impossibility.
d. a factual impossibility.
Q:
Which of the following would be a valid impossibility defense?
a. the bank closes before the defendant can rob it
b. the victim does not show up at the ambush point
c. what the defendant plans to do to the victim is not a criminal act
d. the poison is not strong enough to kill the victim
Q:
What has occurred when actors intend to commit crimes, and do everything they can to carry out their criminal intent, but the criminal law doesn"t ban what they did?
a. a legal impossibility
b. a de facto impossibility
c. a juristic impossibility
d. a factual impossibility
Q:
In most states, merely buying a gun with the intent of killing someone is considered
a. an attempt to murder.
b. a conspiracy to commit murder.
c. preparation and not a crime.
d. soliciting the crime of murder.
Q:
A conspiracy where participants at one end may know nothing of those at the other end, but every participant handles the same commodity at different points, such as manufacture, distribution, and sale is known as
a. a chain conspiracy.
b. a wheel conspiracy.
c. a large-scale conspiracy.
d. a small-scale conspiracy.
Q:
The Model Penal Code's substantial steps test (also called the "MPC test") was designed to accomplish three important goals. Which of the following is not one of those goals?
a. replace (or at least drastically reform) the proximity and unequivocality tests with a clearer and easier-to-understand-and-apply test
b. draw more sharply (and push back further toward preparation) the line between preparation and beginning to attempt the crime
c. base the law of attempt firmly on the theory of neutralizing dangerous persons, not just on preventing dangerous conduct
d. end all use of proximity and unequivocality tests with a clearer and easier-to-understand-and-apply test
Q:
Which test on whether defendants have gone far enough toward completing the crime that it's unlikely they"ll turn back?
a. the indispensable element test
b. dangerous proximity to success test
c. the unequivocality test
d. the probable desistance test
Q:
Which test examines whether an ordinary person who saw the defendant's acts without knowing her intent would believe she was determined to commit the intended crime?
a. the indispensable element test
b. dangerous proximity to success test
c. the unequivocality test
d. the probable desistance test
Q:
Which test asks whether defendants have come "dangerously close" to completing the crime?
a. the indispensable element test
b. dangerous proximity to success test
c. the unequivocality test
d. the probable desistance test
Q:
Which test asks whether defendants have reached a point where they"ve gotten control of everything they need to complete the crime?
a. the indispensable element test
b. dangerous proximity to success test
c. the unequivocality test
d. the probable desistance test
Q:
Which rationale concentrates on how fully defendants have developed their criminal purpose?
a. the dangerous act rationale
b. the dangerous person rationale
c. the dangerous precedent rationale
d. the dangerous peer rationale
Q:
Physical proximity tests of the actus reus of attempt focus on
a. how close the defendant gets to committing the crime.
b. whether the defendant's acts are res ipsa loquitur.
c. whether the defendant is likely to voluntarily abandon the crime.
d. how much of the defendant's dangerousness is shown by action.
Q:
The rationale for attempt crimes focuses on what two types of danger?
a. dangerous conduct and dangerous people
b. group activity and inciting others
c. imitation and stimulation of crime
d. group activity and stimulation of crime
Q:
Which rationale looks at how close defendants came to completing their crimes?
a. the dangerous act rationale
b. the dangerous person rationale
c. the dangerous precedent rationale
d. the dangerous peer rationale
Q:
All inchoate offense share two elements: the actus reus of taking some steps toward accomplishing the criminal purposebut not enough steps to complete the intended crime, and
a. the mens rea of purpose or specific intent.
b. the mens rea of attempt.
c. the actus reus of purpose or specific intent.
d. the actus reus of attempt.
Q:
Criminal attempts, criminal conspiracies, and criminal solicitation are all what kind of crimes?
a. strict liability
b. inchoate
c. complicity
d. vicarious liability
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:
Punishing conspiracy and solicitation to commit a crime is based on nipping in the bud the special danger of group .
Q:
Voluntary and abandonment of an attempt in progress is a defense to attempt liability in about half the states.
Q:
Legal impossibility is a defense to attempt because of the principle of ____________.
Q:
____________ impossibility is not a defense to an attempt crime.
Q:
The actus reus of attempt is an action that is beyond mere but not enough to complete the crime.
Q:
The mens rea of inchoate crimes is always the purpose or specific 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:
For the solicitor to be guilty of solicitation, the person solicited must commit the solicited crime.
a. true
b. false
Q:
Modern conspiracy statutes have clarified the mens rea element of the crime.
a. true
b. false
Q:
A person can be guilty of conspiracy even though they do not know all of the others in the conspiracy.
a. true
b. false
Q:
Conspiracy mens rea isn"t clearly defined in modern legislation.
a. true
b. false
Q:
One purpose of requiring some overt acts in a conspiracy statute is to help ensure that there really is a conspiracy.
a. true
b. false
Q:
The mens rea of inchoate crimes is always the purpose or specific intent to commit a specific crime.
a. true
b. false
Q:
In some jurisdictions, the crime of solicitation is limited to solicitation to commit felonies.
a. true
b. false
Q:
RICO stands for Racketeer Infiltrated and Corrupt Organizations.
a. true
b. false
Q:
In most modern codes, the criminal objective of conspiracy is limited to agreements to commit crimes.
a. true
b. false
Q:
Under the modern approach, the fact that one conspirator has been acquitted prevents the government from prosecuting the others for conspiracy.
a. true
b. false
Q:
Conspiracy is a specific intent crime.
a. true
b. false
Q:
To be a valid defense, the abandonment of an attempt must be involuntary.
a. true
b. false
Q:
The Model Penal Code approach to the actus reus of attempt involves substantial steps that strongly corroborate the actor's criminal purpose.
a. true
b. false
Q:
Factual impossibility is not a valid defense to the crime of attempt.
a. true
b. false
Q:
Legal impossibility is a defense to the crime of attempt.
a. true
b. false
Q:
All inchoate offenses have a specific intent element.
a. true
b. false
Q:
The last proximate act rule is the strictest rule of attempt actus reus.
a. true
b. false
Q:
Liability for criminal attempt offenses is based on two rationales.
a. true
b. false
Q:
Inchoate offenses require enough action to complete the crime intended.
a. true
b. false
Q:
In most jurisdictions, inchoate crimes are punished at a lower level than the object or completed crime.
a. true
b. false
Q:
Which of the following is required to obtain a solicitation conviction?
a. the person solicited must accept the offer
b. the person soliciting must solicit specific individuals as opposed to a more general audience
c. the solicitor and the person solicited must enter into a conspiracy
d. the person solicited must commit the crime
Q:
The crime of trying to get someone else to commit a crime is known as
a. attempt.
b. felony.
c. conspiracy.
d. solicitation.
Q:
The guilty mind in conspiracy isn"t clearly defined in modern legislation, and courts have taken imprecise, widely divergent, and inconsistent approaches to the
a. mens rea problem.
b. actus reus problem.
c. conspiracy problem.
d. solicitation problem.