Test Bank for Essential Criminal Law, 3rd Edition, Matthew Lippman

Essential Criminal Law, 3rd Edition

By Matthew Lippman

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Chapter 1: The Nature, Purpose, and Function of Criminal Law Test Bank Multiple Choice 1. A crime punishable by more than 1 year of imprisonment is a ______.

A. gross misdemeanor B. felony C. violation D. petty misdemeanor Ans: B Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Knowledge Answer Location: Categories of Crime | Felonies and Misdemeanors Difficulty Level: Easy 2. A determination of probable cause made by the prosecutor results in the filing of a(n) ______.

A. information B. indictment C. post arrest investigation D. sentence Ans: A Learning Objective: 1-5: After being charged with a federal criminal offense, the next procedural step is for a defendant to stand trial in federal court.

Cognitive Domain: Knowledge Answer Location: The Criminal Justice Process | Pretrial Difficulty Level: Easy 3. When the U.S. Supreme Court issues an opinion, the opinion that establishes legal precedent is known as the ______.

A. concurring opinion B. plurality opinion C. dissenting opinion D. majority opinion Ans: D Learning Objective: 1-5: After being charged with a federal criminal offense, the next procedural step is for a defendant to stand trial in federal court.

Cognitive Domain: Knowledge

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Answer Location: The Structure of the Federal and State Court Systems Difficulty Level: Easy 4. A court decision that does not identify the authoring judge is the definition of what type of decision?

A. plurality B. certiorari C. per curiam D. precedent Ans: C Learning Objective: 1-5: After being charged with a federal criminal offense, the next procedural step is for a defendant to stand trial in federal court.

Cognitive Domain: Knowledge Answer Location: The Structure of the Federal and State Court Systems Difficulty Level: Easy 5. Which of the following articles of the U.S. Constitution establishes the federal judicial system?

A. Article IV B. Article II C. Article I D. Article III Ans: D Learning Objective: 1-5: After being charged with a federal criminal offense, the next procedural step is for a defendant to stand trial in federal court.

Cognitive Domain: Knowledge Answer Location: The Structure of the Federal and State Court Systems Difficulty Level: Easy 6. When a cause of action may be filed in either state or federal court, the courts are said to have ______.

A. inferior jurisdiction B. concurrent jurisdiction C. original jurisdiction D. en banc jurisdiction Ans: B Learning Objective: 1-5: After being charged with a federal criminal offense, the next procedural step is for a defendant to stand trial in federal court.

Cognitive Domain: Knowledge Answer Location: The Structure of the Federal and State Court Systems Difficulty Level: Easy 7. Jack is charged with first-degree murder and is set for trial in the same jurisdiction where the alleged crime occurred. Because of the high-profile nature of the case, Jack’s attorney wants to move the trial to another location. Jack’s lawyer should file a(n) ______.

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

A. pretrial motion B. indictment C. appeal D. postarrest investigation Ans: A Learning Objective: 1-5: After being charged with a federal criminal offense, the next procedural step is for a defendant to stand trial in federal court.

Cognitive Domain: Application Answer Location: The Criminal Justice Process Difficulty Level: Medium 8. One day, police officers were involved in a high-speed chase through city limits after a driver speeded through a school zone. When they finally caught up with the driver, the police immediately arrested Betty at the scene. Because Betty was arrested at the scene and without a warrant, the court may hold a hearing during first appearance to determine whether there was probable cause to arrest her. This hearing is known as ______.

A. Richardson hearing B. Allen hearing C. Lewis hearing D. Gerstein hearing Ans: D Learning Objective: 1-5: After being charged with a federal criminal offense, the next procedural step is for a defendant to stand trial in federal court.

Cognitive Domain: Application Answer Location: The Criminal Justice Process Difficulty Level: Medium 9. The defendant, Will, was convicted of a crime and decided to appeal his conviction.

On appeal, Will is known as the ______.

A. prosecutor B. appellant C. writ D. appellee Ans: B Learning Objective: 1-5: After being charged with a federal criminal offense, the next procedural step is for a defendant to stand trial in federal court.

Cognitive Domain: Comprehension Answer Location: The Structure of the Federal and State Court Systems Difficulty Level: Easy 10. The criminal intent required to commit a crime is known as ______.

A. mens rea B. actus reus C. causation D. affirmation

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Ans: A Learning Objective: 1-2: There is no significant relationship between the criminal law and criminal procedure.

Cognitive Domain: Knowledge Answer Location: The Principles of Criminal Law Difficulty Level: Easy 11. The U.S. Supreme Court is comprised of a chief justice and ______ associate justices.

A. five B. two C. seven D. eight Ans: D Learning Objective: 1-6: All state court systems provide that a criminal defendant has the right to an automatic appeal to the state supreme court.

Cognitive Domain: Knowledge Answer Location: The Federal Judicial System Difficulty Level: Easy 12. A crime is what the ______ declares to be a criminal offense and punishable with a penalty.

A. judge B. law C. individual D. court Ans: B Learning Objective: 1-1: The only difference between criminal law and civil law is that violation of a criminal law may result in imprisonment.

Cognitive Domain: Knowledge Answer Location: The Nature of Criminal Law Difficulty Level: Easy 13. ______ plays a role in classifying mala in se and mala prohibita crimes?

A. Seriousness B. Moral turpitude C. Criminal procedure D. Institution Ans: B Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Knowledge Answer Location: Mala in Se and Mala Prohibita Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

14. A defendant in a criminal trial will likely face less than 6 months imprisonment if found guilty for the charges they are being accused of. What type of offense would they be charged with?

A. gross misdemeanor B. petty misdemeanor C. first-degree felony D. minor felony Ans: B Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Application Answer Location: Felonies and Misdemeanors Difficulty Level: Medium 15. Mari was pulled over after driving 64 mph in a 35-mph zone. After being pulled over by a police officer, she is given a ticket that carries a large fine. This type of behavior would likely be classified as a ______.

A. misdemeanor B. felony C. capital felony D. violation or infraction Ans: D Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Application Answer Location: Felonies and Misdemeanors Difficulty Level: Medium 16. Capital felonies are crimes subject to what type of punishment?

A. Either the death penalty or to life in prison in states that do not have the death penalty.

B. life in prison and a $15,000 fine C. fifty years in prison with the possibility of parole D. thirty years in prison Ans: A Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Knowledge Answer Location: Felonies and Misdemeanors Difficulty Level: Easy 17. What type of crimes would be considered to be “crimes against the state?”

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

A. kidnapping, murder, sedation, and espionage B. fraud, treason, sedation, and espionage C. terrorism, computer crime, sedation, and espionage D. terrorism, treason, sedation, and espionage Ans: D Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Knowledge Answer Location: Subject Matter Difficulty Level: Easy 18. A riot would be classified as what type of crime?

A. crimes against the Administration of Justice B. crimes against the public and social order and morality C. crimes against property and habitation D. crimes against the country Ans: B Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Knowledge Answer Location: Subject Matter Difficulty Level: Easy 20. In some states, this expression refers to crimes subject to between 6 months and 12 months in prison.

A. petty misdemeanor B. petty felony C. gross misdemeanor D. gross felony Ans: C Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Knowledge Answer Location: Felonies and Misdemeanors Difficulty Level: Easy 21. Sources of criminal law in the United States are considered to be all of the following EXCEPT ______.

A. international morality B. English and American common law C. state criminal codes D. international treaties Ans: A

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Cognitive Domain: Application Answer Location: Sources of Criminal Law Difficulty Level: Medium 22. What type of crime is punishable by death or imprisonment for more than 1 year?

A. personal injury B. misdemeanor C. felony D. infraction Ans: C Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Knowledge Answer Location: Felonies and Misdemeanors Difficulty Level: Easy 23. Which branch of law protects the individual rather than the public interest?

A. the eighth branch B. individual law C. criminal law D. civil law Ans: D Learning Objective: 1-1: The only difference between criminal law and civil law is that violation of a criminal law may result in imprisonment.

Cognitive Domain: Comprehension Answer Location: Criminal and Civil Law Difficulty Level: Easy 24. The federal criminal code compiles the criminal laws adopted by the ______.

A. Constitution B. state criminal code C. U.S. Congress D. Supreme Court Ans: C Learning Objective: 1-2: There is no significant relationship between the criminal law and criminal procedure.

Cognitive Domain: Knowledge Answer Location: Federal Statutes Difficulty Level: Easy 25. Mala prohibita offenses are not “inherently evil” and only are considered wrong because they are prohibited by ______?

A. courts

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

B. mens rea C. statute D. a judge Ans: C Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Comprehension Answer Location: Mala in Se and Mala Prohibita Difficulty Level: Easy 26. ______ involves a study of the legal standards governing the detection, investigation, and prosecution of crime.

A. Criminal procedure B. Law school C. Substantive criminal procedure D. Substantive criminal law Ans: A Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Cognitive Domain: Knowledge Answer Location: The Principles of Criminal Law Difficulty Level: Easy 27. The New York criminal code sets out what basic purposes of criminal law?

A. guilt, victims, offenders, and wrongdoing B. function, offenders, punishment, seriousness, and definition C. harm, victims, punishment, seriousness, definition, and warning D. harm, understanding, seriousness, definition, and warning Ans: C Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Cognitive Domain: Knowledge Answer Location: The Purpose of Criminal Law Difficulty Level: Medium 28. A tort is defined as an injury to a/an ______.

A. person or to his or her property B. animal C. grievance D. street sign Ans: A Learning Objective: 1-1: The only difference between criminal law and civil law is that violation of a criminal law may result in imprisonment.

Cognitive Domain: Knowledge Answer Location: Criminal and Civil Law

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Difficulty Level: Easy 29. These types of crime are subject to the death penalty or life in prison.

A. capital felonies B. evil crimes C. gross felonies D. capital misdemeanors Ans: A Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Comprehension Answer Location: Felonies and Misdemeanors Difficulty Level: Easy 30. In what type of state is the common law applied if the state legislature has not adopted a law in a particular area?

A. federal state statutes B. English law states C. common law states D. federal law states Ans: C Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Cognitive Domain: Knowledge Answer Location: State Criminal Codes Difficulty Level: Easy 31. English common law is the foundation of ______.

A. Parliament B. English civil law C. American colonies D. American criminal law Ans: D Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Cognitive Domain: Knowledge Answer Location: The Common Law Difficulty Level: Easy 32. This past weekend, Carl went to a party and drank quite a bit. He decided to take a walk in the local park because he knew he was too intoxicated to drive. Although it was 1 a.m., he was singing at the top of his lungs and local residents called the police to complain about his behavior. If he is found to have committed a crime it would likely be which of the following?

A. mala in se

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

B. crimes against property C. crimes against persons D. mala prohibita Ans: D Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Application Answer Location: Mala in Se and Mala Prohibita Difficulty Level: Medium 33. Circuit courts of appeals sit in three-judge panels. In certain important cases, all of the judges in the circuit will sit ______.

A. mala in se B. on in important decisions C. per curiam D. en banc Ans: D Learning Objective: 1-6: All state court systems provide that a criminal defendant has the right to an automatic appeal to the state supreme court.

Cognitive Domain: Knowledge Answer Location: The Federal Judicial System Difficulty Level: Easy 34. What type of Supreme Court opinion is referred to as “the law of the land?”

A. concurring B. dissenting C. plurality D. majority Ans: B Learning Objective: 1-6: All state court systems provide that a criminal defendant has the right to an automatic appeal to the state supreme court.

Cognitive Domain: Knowledge Answer Location: The Federal Judicial System Difficulty Level: Easy 35. The U.S. Constitution ______ provides that the federal law is superior to a state law within those areas that are preserved for the federal government.

A. Constitution B. state criminal code C. federal criminal code D. Supremacy Clause Ans: D Learning Objective: 1-5: After being charged with a federal criminal offense, the next procedural step is for a defendant to stand trial in federal court.

Cognitive Domain: Knowledge

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Answer Location: Federal Statutes Difficulty Level: Easy 36. The standardized set of laws established to encourage states to adopt a uniform codes and corresponding definitions is called ______.

A. common law B. international treaty C. state criminal codes D. Model Penal Code Ans: D Learning Objective: 1-7: Criminal law is different from other areas of the law in that judges are not required to follow the precedent established in previous cases.

Cognitive Domain: Knowledge Answer Location: The Model Penal Code Difficulty Level: Easy 37. Jennifer recently lost her job and is finding it difficult to make ends meet. She has been considering breaking into homes in a nice neighborhood to see what she can find to take to the pawn shop. Although she knows that stealing is wrong, she thinks people may not notice if she takes items they don’t need or have enough money to replace the items. Jennifer is considering committing which type of crime?

A. search and seizure B. mala prohibita C. due process violations D. mala in se Ans: D Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Application Answer Location: Felonies and Misdemeanors Difficulty Level: Medium 38. A man who was recently imprisoned for a felony was released just a month ago. As a result of his conviction, he can face all of the following challenges EXCEPT ______.

A. bar you from any and all employment B. bar you from being admitted to the armed forces C. unable to adopt a child D. unable to be licensed in various professions Ans: A Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Application Answer Location: Mala in Se and Mala Prohibita Difficulty Level: Medium

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

39. Reception statutes allow a/an ______ to incorporate the common law as an unwritten part of the criminal law.

A. corporation B. state C. individual D. criminal law Ans: B Learning Objective: 1-7: Criminal law is different from other areas of the law in that judges are not required to follow the precedent established in previous cases.

Cognitive Domain: Comprehension Answer Location: State Criminal Codes Difficulty Level: Easy 40. By the year 1600, the following common law crimes were developed.

A. false pretenses, sedition, solicitation, and blasphemy B. mayhem, rape, robbery, and embezzlement C. arson, burglary, larceny, and manslaughter D. rape, mayhem, blasphemy, and sedition Ans: C Learning Objective: 1-1: The only difference between criminal law and civil law is that violation of a criminal law may result in imprisonment.

Cognitive Domain: Knowledge Answer Location: The Common Law Difficulty Level: Easy

True/False 1. Late one night, Jerry robbed a convenience store. He escaped the convenience store without being captured and ran to a nearby neighborhood where he burglarized several cars. Jerry was later caught and charged with robbery and burglary. The crimes with which Jerry was charged are considered mala prohibita.

Ans: F Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Comprehension Answer Location: Categories of Crime | Felonies and Misdemeanors Difficulty Level: Easy 2. With the exception of Alaska, all 50 states immediately recognized the English common law upon admission to the union.

Ans: F Learning Objective: 1-1: The only difference between criminal law and civil law is that violation of a criminal law may result in imprisonment.

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Cognitive Domain: Knowledge Answer Location: Sources of Criminal Law Difficulty Level: Easy 3. The U.S. Constitution requires verdicts in criminal trials to be unanimous.

Ans: F Learning Objective: 1-5: After being charged with a federal criminal offense, the next procedural step is for a defendant to stand trial in federal court.

Cognitive Domain: Knowledge Answer Location: The Criminal Justice Process Difficulty Level: Easy 4. Al challenged a state statute all the way to the state supreme court, arguing that it violated the state constitution. If the U.S. Supreme Court were to review the state court’s decision, the state would be bound by the U.S. Supreme Court’s interpretation.

Ans: F Learning Objective: 1-7: Criminal law is different from other areas of the law in that judges are not required to follow the precedent established in previous cases.

Cognitive Domain: Comprehension Answer Location: The Structure of the Federal and State Court Systems Difficulty Level: Easy 5. A justice on the U.S. Supreme Court recuses herself from a case due to a conflict of interest. When the court releases its decision, the vote among the eight justices is evenly split. The result of the decision is that the lower court’s decision remains in effect.

Ans: T Learning Objective: 1-6: All state court systems provide that a criminal defendant has the right to an automatic appeal to the state supreme court.

Cognitive Domain: Comprehension Answer Location: The Structure of the Federal and State Court Systems Difficulty Level: Easy 6. A state legislature is considering passing a new criminal statute. A version of the statute is already contained in the Model Penal Code. The legislature does not have any jurisdiction in drafting the statute because the legislature is bound by the statute contained in the Model Penal Code.

Ans: F Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Cognitive Domain: Comprehension Answer Location: Sources of Criminal Law | The Model Penal Code Difficulty Level: Medium 7. The purpose of criminal law is to protect the interests of the individual.

Ans: F

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Learning Objective: 1-2: There is no significant relationship between the criminal law and criminal procedure.

Cognitive Domain: Knowledge Answer Location: The Purpose of Criminal Law Difficulty Level: Easy 8. With the exception of certain important cases, circuit courts of appeals sit in threejudge panels.

Ans: T Learning Objective: 1-6: All state court systems provide that a criminal defendant has the right to an automatic appeal to the state supreme court.

Cognitive Domain: Knowledge Answer Location: The Structure of the Federal and State Court Systems Difficulty Level: Easy 9. Taylor is an inmate who believes that she is illegally incarcerated. If she wishes to challenge the legality of her incarceration, she should file a petition for habeas corpus review.

Ans: T Learning Objective: 1-6: All state court systems provide that a criminal defendant has the right to an automatic appeal to the state supreme court.

Cognitive Domain: Comprehension Answer Location: The Structure of the Federal and State Court Systems Difficulty Level: Medium 10. “To stand by precedent and to stand by settled points” is the definition of stare decisis.

Ans: T Learning Objective: 1-6: All state court systems provide that a criminal defendant has the right to an automatic appeal to the state supreme court.

Cognitive Domain: Knowledge Answer Location: Precedent Difficulty Level: Easy 11. Criminal procedure is concerned with “what law is enforced.”

Ans: F Learning Objective: 1-2: There is no significant relationship between the criminal law and criminal procedure.

Cognitive Domain: Comprehension Answer Location: The Principles of Criminal Law Difficulty Level: Easy 12. The foundation of American criminal law is the English Common Law Ans: T

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Cognitive Domain: Knowledge Answer Location: The Common Law Difficulty Level: Easy 13. Criminal law defines the acts that may lead to an arrest, prosecution, and imprisonment.

Ans: T Learning Objective: 1-1: The only difference between criminal law and civil law is that violation of a criminal law may result in imprisonment.

Cognitive Domain: Comprehension Answer Location: The Purpose of Criminal Law Difficulty Level: Easy 14. The United States has a system of dual sovereignty.

Ans: T Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Cognitive Domain: Knowledge Answer Location: Federal Statutes Difficulty Level: Easy 15. Criminal acts that cause modest social harm are accompanied with no imprisonment term are referred to as violations or infractions.

Ans: T Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Knowledge Answer Location: Felonies and Misdemeanors Difficulty Level: Easy 16. The French Common Law is the foundation of American criminal law.

Ans: F Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Cognitive Domain: Knowledge Answer Location: The Common Law Difficulty Level: Easy 17. Dual sovereignty is a term for the sharing of power between state and city governments.

Ans: F Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Cognitive Domain: Knowledge Answer Location: Federal Statutes Difficulty Level: Easy 18. When federal and state laws conflict, the Model Penal Code deems the federal law superior.

Ans: F Learning Objective: 1-6: All state court systems provide that a criminal defendant has the right to an automatic appeal to the state supreme court.

Cognitive Domain: Application Answer Location: Federal Statutes Difficulty Level: Medium 19. A misdemeanor is a crime which is punishable by less than 1 year in prison.

Ans: T Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Knowledge Answer Location: Felonies and Misdemeanors Difficulty Level: Easy 20. A criminal act, criminal intent, and concurrence are required for most crimes.

Ans: T Learning Objective: 1-1: There is no significant relationship between the criminal law and criminal procedure.

Cognitive Domain: Application Answer Location: The Principles of Criminal Law Difficulty Level: Medium

Short Answer 1. Describe the purpose of criminal law.

Ans: A strong answer will define the purpose of criminal law as to maintain social order and stability.

Learning Objective: 1-1: The only difference between criminal law and civil law is that violation of a criminal law may result in imprisonment.

Cognitive Domain: Comprehension Answer Location: The Purpose of Criminal Law Difficulty Level: Easy 2. Discuss the differences between civil and criminal law.

Ans: A strong answer will include the following differences between criminal and civil

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

law. Criminal law protects the public interest, requires a burden of proof beyond a reasonable doubt, and any legal action is brought by a prosecutor. Consequences of criminal law may result in permanent loss in freedom, life, or property. Civil law protects individuals rather than the public interest. Consequences of civil law may result in loss of property, typically in monetary terms.

Learning Objective: 1-1: The only difference between criminal law and civil law is that violation of a criminal law may result in imprisonment.

Cognitive Domain: Analysis Answer Location: Criminal and Civil Law Difficulty Level: Medium 3. Define and discuss the difference between mala in se and mala prohibita crimes.

Ans: Varies. Mala in se: Crimes that are considered to be inherently evil and would be condemned by society even without any legislative policies that prohibit it. Mala prohibita: Crimes that are not necessarily considered inherently evil but are still punishable because a statute prohibits it.

Learning Objective: 1-3: The primary distinction between felonies and misdemeanors is that felonies may result in incarceration and that misdemeanors may result in only a monetary fine.

Cognitive Domain: Application Answer Location: Mala in Se and Mala Prohibita Difficulty Level: Medium 4. What is the significance of the Model Penal Code?

Ans: A solid answer will explain the significance of the Model Penal Code as it provides a standardized foundation for states when codifying criminal acts. The Model Penal Code also establishes uniform definitions of concepts that may differ from state to state.

Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Cognitive Domain: Comprehension Answer Location: The Model Penal Code Difficulty Level: Easy 5. Discuss what is a crime.

Ans: A strong answer will define crime as whatever the law declares to be a criminal offense and punishes with a penalty.

Learning Objective: 1-1: The only difference between criminal law and civil law is that violation of a criminal law may result in imprisonment.

Cognitive Domain: Comprehension Answer Location: The Nature of Criminal Law Difficulty Level: Easy 6. List the eight classification categories of crime according to their subject matter.

Ans: A strong answer will identify the following: crimes against the state; crimes against the person, homicide; crimes against the person, sexual offenses, and other crimes;

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

crimes against habitation; crimes against property; crimes against public order; crimes against the administration of justice; and crimes against public morals.

Learning Objective: 1-2: There is no significant relationship between the criminal law and criminal procedure.

Cognitive Domain: Application Answer Location: Subject Matter Difficulty Level: Medium 7. Explain why the U.S. Constitution states that federal laws may not encroach upon state powers.

Ans: Must include the concept of dual sovereignty, preemption doctrine, supremacy clause, and interstate commerce clause. They may discuss and provide examples of why the interstate commerce clause provides a thin line for federal laws to take over state.

Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Cognitive Domain: Analysis Answer Location: Federal Statutes Difficulty Level: Medium 8. List five of the seven sources of criminal law in the United States.

Ans: English and American common law, state criminal codes, municipal ordinances, federal criminal code, state and federal constitutions, international treaties, and judicial decisions.

Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Cognitive Domain: Knowledge Answer Location: Sources of Criminal Law Difficulty Level: Easy 9. Discuss the limitations that the U.S. Constitution places on criminal law.

Ans: Must list the four limitations: (a) A state or local law may not regulate an area that is reserved to the federal government, (b) a law may only infringe upon civil and political rights in compelling circumstances, (c) a law must be clearly written and citizens and police must be given notice, (d) a law must not impose cruel and unusual punishment and a law may not be retroactive. Must also explain the significance of each limitation and the various implications they pose if violated.

Learning Objective: 1-7: Criminal law is different from other areas of the law in that judges are not required to follow the precedent established in previous cases.

Cognitive Domain: Analysis Answer Location: Sources of Criminal Law | Constitutional Limitations Difficulty Level: Hard 10. Describe the origins and development of the English common law and its eventual transportation to the American colonies.

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Ans: Discuss the historical facts surrounding the development of English common law (William the Conqueror wanting to establish legal uniformity). It is important to discuss that common law is based on the decisions made by judges. Should also include its transportation to the American colonies and the gradual adoption of common law by the colonies.

Learning Objective: 1-4: A state criminal code will tell you all you need to know to understand the elements of crimes and criminal defenses in a state.

Cognitive Domain: Analysis Answer Location: The Common Law Difficulty Level: Medium

Essay 1. Describe the three levels of the federal judicial system.

Ans: (1) Trial courts: Federal District Courts. These courts are the lowest level of court.

Trials are presided over by one judge. (2) Intermediate appellate courts: Circuit Courts of Appeals. These intermediate courts normally sit in three-judge panels unless the entire circuit court sits en banc for an important case. These courts do not have original jurisdiction. (3) Court of last resort: U.S. Supreme Court. This court is the highest court in the federal system. This court has the ultimate authority on issues involving the U.S. Constitution and matters of federal law.

Learning Objective: 1-6: All state court systems provide that a criminal defendant has the right to an automatic appeal to the state supreme court.

Cognitive Domain: Knowledge Answer Location: The Structure of the Federal and State Court Systems Difficulty Level: Easy 2. Outline the stages of the criminal justice process.

Ans: The correct answer will include the following stages: (1) criminal investigation, (2) arrest, (3) postarrest, (4) postarrest investigation, (5) the criminal charge, (6) pretrial, (7) pretrial motions, (8) trial, (9) sentencing, (10) appeal, and (11) postconviction.

Learning Objective: 1-5: After being charged with a federal criminal offense, the next procedural step is for a defendant to stand trial in federal court.

Cognitive Domain: Knowledge Answer Location: The Structure of the Federal and State Court Systems Difficulty Level: Easy 3. Discuss the purpose and various critiques of lifetime appointments for federal judges.

Ans: The purpose is to allow federal judges to make decisions that are free from political influence and pressure. However, some criticize lifetime appointments because they usually mean that there will be no turnover on the court for long periods of time. Some argue that consequently, a lifetime appointment is inconsistent with democratic values.

Learning Objective: 1-6: All state court systems provide that a criminal defendant has the right to an automatic appeal to the state supreme court.

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Cognitive Domain: Comprehension Answer Location: The Structure of the Federal and State Court Systems Difficulty Level: Medium 4. Define and discuss the value of precedent.

Ans: Precedent is binding authority on courts within a given jurisdiction. The reliance on precedent upholds the doctrine of stare decisis, which means “to stand by precedent and to stand by settled points.” Reliance on precedent is valuable to courts and parties because it allows for consistency between cases. “[C]ourts do not have to reinvent the wheel.”

Learning Objective: 1-6 All state court systems provide that a criminal defendant has the right to an automatic appeal to the state supreme court | Learning Objective: 1-7: Criminal law is different from other areas of the law in that judges are not required to follow the precedent established in previous cases.

Cognitive Domain: Knowledge | Analysis Answer Location: Precedent Difficulty Level: Medium 5. Explain the difference between binding and persuasive authority, and what happens in the event of an issue of first impression.

Ans: Binding authority is mandatory authority that courts within a jurisdiction must follow. In contrast, a court is not bound by persuasive authority. A court may consider it for persuasive value, but it is not required to follow it. For example, decisions from the highest court in California are binding on all lower courts in California. However, that decision would not be binding on a court in any other state. The opinion would, at best, have persuasive value. In the event of an issue of first impression, there is no binding decision in the jurisdiction. In that case, decisions from other jurisdictions that have decided the issue would have persuasive value.

Learning Objective: 1-6 All state court systems provide that a criminal defendant has the right to an automatic appeal to the state supreme court | Learning Objective: 1-7: Criminal law is different from other areas of the law in that judges are not required to follow the precedent established in previous cases.

Cognitive Domain: Analysis Answer Location: Precedent Difficulty Level: Medium

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Chapter 2: Constitutional Limitations Test Bank Multiple Choice 1. The legislature passed a law that prohibits vehicles in any state park. The law defines a vehicle as an object with wheels. Last month, Mike was given a ticket while pushing a baby stroller through the park. If Mike challenges his ticket on constitutional grounds, the most effective legal challenge is based on which argument?

A. The law is void for vagueness.

B. The law is an ex post facto law.

C. The law violates the equal protection clause.

D. The law does not satisfy the rational basis test.

Ans: A Learning Objective: 2-3: Laws that distinguish between individuals based on age, race, or gender in most instances are held to be constitutional by courts.

Cognitive Domain: Application Answer Location: Statutory Clarity Difficulty Level: Medium 2. A law that makes distinctions based on gender is subject to which type of scrutiny?

A. rational basis B. intermediate C. beyond a reasonable doubt D. clear and convincing Ans: B Learning Objective: 2-4: The courts do not recognize any limitations on expression under the First Amendment.

Cognitive Domain: Knowledge Answer Location: Equal Protection Difficulty Level: Easy 3. Which of the following amendments protects the freedom of speech and the freedom of assembly?

A. First Amendment B. Seventh Amendment C. Fifth Amendment D. Fourteenth Amendment Ans: A Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Knowledge Answer Location: The Bill of Rights Difficulty Level: Easy

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4. The constitution’s prohibition on bills of attainder and ex post facto laws and the constitution’s requirement of statutory clarity form the basis of what fundamental principle of criminal law?

A. equal protection B. right to privacy C. rule of legality D. prohibition against cruel and unusual punishment Ans: C Learning Objective: 2-1: Bills of attainder prohibit punishing an individual for an act that was not a crime at the time it was committed.

Cognitive Domain: Knowledge Answer Location: Rule of Legality Difficulty Level: Easy 5. Which of the following best characterizes the evolution of the U.S. Supreme Court’s interpretation of the Second Amendment?

A. The court has expanded its interpretation of the Second Amendment, holding that gun ownership for self-defense is a legitimate exercise of the right to bear arms.

B. The court has held that any restriction on gun ownership is unconstitutional.

C. The court has reaffirmed that gun ownership must be linked to the preservation of a well-regulated militia.

D. The court has reaffirmed that the Second Amendment protections are limited to weapons that existed at the time that the Second Amendment was drafted.

Ans: A Learning Objective: 2-7: The Eighth Amendment prohibition on cruel and unusual punishment has been interpreted by courts to prohibit all methods of capital punishment other than lethal injection.

Cognitive Domain: Analysis Answer Location: The Right to Bear Arms Difficulty Level: Medium 6. A law that requires individuals to be a certain age before obtaining a driver’s license is likely subject to what form of scrutiny?

A. strict scrutiny B. maximum scrutiny C. rational basis test D. intermediate scrutiny Ans: C Learning Objective: 2-4: The courts do not recognize any limitations on expression under the First Amendment.

Cognitive Domain: Analysis Answer Location: Equal Protection | Three Levels of Scrutiny Difficulty Level: Medium

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7. Which of the following best characterizes the scope of the individual’s rights under the First Amendment?

A. The content of the individual’s speech is unrestricted under the First Amendment.

B. Although the freedom of speech is a broadly protected fundamental right, the individual’s right to free speech is not unlimited.

C. The only limitation on an individual’s freedom of speech is the prohibition against hate speech.

D. An individual may be prohibited from making any form of offensive speech.

Ans: B Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Analysis Answer Location: The Right to Bear Arms Difficulty Level: Medium 8. After a year of controversial public debate, the state legislature passed a law last month prohibiting a certain form of conduct. In response, a local prosecutor charged Sam with violating the law based on the conduct Sam committed 6 months ago. What is the appropriate challenge to the prosecution?

A. The prosecution is valid because the public was on notice that the law might be passed.

B. The prosecution is invalid because it violates the prohibition against ex post facto laws.

C. The prosecution is valid because it upholds the doctrine of legality.

D. The prosecution is invalid because it violates the prohibition against bills of attainder.

Ans: B Learning Objective: 2-2: One purpose of statutory clarity is to ensure that individuals know what is prohibited by the criminal law.

Cognitive Domain: Analysis Answer Location: Bills of Attainder and Ex Post Facto Laws Difficulty Level: Medium 9. Which of the following is not a proper limitation of an individual’s rights under the Second Amendment?

A. a ban on possession of a gun by a convicted felon B. a ban on possession of a gun by a person who is mentally ill C. a flat ban on carrying a loaded firearm within accessible reach outside the home D. a law requiring the safe storage of guns Ans: C Learning Objective: 2-7: The Eighth Amendment prohibition on cruel and unusual punishment has been interpreted by courts to prohibit all methods of capital punishment other than lethal injection.

Cognitive Domain: Comprehension Answer Location: The Right to Bear Arms Difficulty Level: Comprehension 10. Which of the following punishments has not been held unconstitutional?

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A. carrying out the death penalty via crucifixion B. sentencing a person to death who was 17 years old at the time of the offense C. sentencing a juvenile to life imprisonment without parole for a nonhomicide offense D. sentencing a person to death who was 18 years old at the time of the offense Ans: D Learning Objective: 2-8: Appreciate the meaning of the Eighth Amendment prohibition on cruel and unusual punishment.

Cognitive Domain: Comprehension Answer Location: Cruel and Unusual Punishment Difficulty Level: Medium 11. A ______ is a legislative act in which an individual or group of persons are punished without the benefit of a trial.

A. rule of legality B. bill of attainder C. ex post facto law D. scrutiny test Ans: B Learning Objective: 2-2: One purpose of statutory clarity is to ensure that individuals know what is prohibited by the criminal law.

Cognitive Domain: Knowledge Answer Location: Bills of Attainder Difficulty Level: Easy 12. The courts have adopted a level of ______ for gender classification.

A. rational basis B. intermediate scrutiny C. strict scrutiny D. rule of legality Ans: B Learning Objective: 2-4: The courts do not recognize any limitations on expression under the First Amendment.

Cognitive Domain: Knowledge Answer Location: Three Levels of Scrutiny Difficulty Level: Easy 13. Which of the following categories of speech is NOT protected by the First Amendment?

A. fighting words B. incitement to violent action C. obscenity D. protest speech Ans: D Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Application

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Answer Location: Freedom of Speech Difficulty Level: Medium 14. Which of the following is defined as speech that denigrates, humiliates, and attacks individuals on account of race, religion, ethnicity, nationality, gender, sexual preference, or other personal characteristics and preferences?

A. hate speech B. libel C. threat D. obscenity Ans: A Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Knowledge Answer Location: Hate Speech Difficulty Level: Easy 15. The doctrine of legality is not reflected in which of following constitutional principles?

A. bill of attainder B. ex post facto laws C. statutory clarity D. scrutiny tests Ans: D Learning Objective: 2-1: Bills of attainder prohibit punishing an individual for an act that was not a crime at the time it was committed.

Cognitive Domain: Application Answer Location: Rule of Legality Difficulty Level: Medium 16. What case was the first to recognize the right to privacy?

A. Carey v. Population Services International B. Lawrence v. Texas C. State v. Stanko D. Griswold v. Connecticut Ans: D Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

Cognitive Domain: Application Answer Location: The Constitutional Right to Privacy Difficulty Level: Medium 17. Which concept is not a core concern protected by the right to privacy?

A. sanctity of the home B. public portrayal C. illegal activities D. intimate activities Ans: C

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Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

Cognitive Domain: Application Answer Location: The Constitutional Right to Privacy Difficulty Level: Medium 18. Jackson is arrested for possessing a firearm in his vehicle, despite believing that he is within his rights. What defense might he rely on?

A. the First Amendment B. the Second Amendment C. the Ninth Amendment D. the Tenth Amendment Ans: B Learning Objective: 2-7: The Eighth Amendment prohibition on cruel and unusual punishment has been interpreted by courts to prohibit all methods of capital punishment other than lethal injection.

Cognitive Domain: Application Answer Location: The Right to Bear Arms Difficulty Level: Medium 19. Which of the following is the system of government in which governmental power is limited by the constitution?

A. tyranny B. republic C. democracy D. constitutional democracy Learning Objective: 2-1: Bills of attainder prohibit punishing an individual for an act that was not a crime at the time it was committed.

Ans: D Cognitive Domain: Comprehension Answer Location: Introduction Difficulty Level: Easy 20. A statute that punishes crime against nature is likely ______.

A. a violation of equal protection B. barred by the first amendment C. a well-drafted statute D. void for vagueness Ans: D Learning Objective: 2-3: Laws that distinguish between individuals based on age, race, or gender in most instances are held to be constitutional by courts.

Cognitive Domain: Comprehension Answer Location: Statutory Clarity Difficulty Level: Easy

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21. Which constitutional constraint was referred to by Justice Oliver Wendell Holmes Jr. as “the last resort of constitutional argument”?

A. equal protection clause B. void for vagueness C. freedom of speech D. ex post facto laws Ans: A Learning Objective: 2-4: The courts do not recognize any limitations on expression under the First Amendment.

Cognitive Domain: Application Answer Location: Equal Protection Difficulty Level: Medium 22. Under the constitution, all categories of speech not protected by the First Amendment are criminal in nature?

A. Yes, all speech not protected may be prosecuted.

B. No, libel is a civil proceeding.

C. Yes, anything can be criminalized.

D. Not if it is unintentional.

Ans: B Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Comprehension Answer Location: Freedom of Speech Difficulty Level: Medium 23. Does the right to privacy extend to encompass a woman’s decision whether or not to terminate her pregnancy.

A. never B. always C. when presented with compelling circumstances D. when the balance of harm tips in favor of termination only Ans: B Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

Cognitive Domain: Comprehension Answer Location: The Constitutional Right to Privacy Difficulty Level: Medium 24. In what court case, the U.S. Supreme Court held that the Second Amendment protects the right of individuals to possess firearms?

A. McDonald v. Chicago B. Kachalsky v. County of Westchester C. Moore v. Madigan D. District of Columbia v. Heller Ans: D

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Learning Objective: 2-7: The Eighth Amendment prohibition on cruel and unusual punishment has been interpreted by courts to prohibit all methods of capital punishment other than lethal injection.

Cognitive Domain: Application Answer Location: The Right to Bear Arms Difficulty Level: Medium 25. What activities would not be protected by the right to privacy?

A. planting a garden within a fenced backyard B. a telephone conversation taking place between people in their own homes C. taking the trash out to the dumpster in an alleyway planting a garden within a fenced backyard D. doing dishes in a kitchen near an open window Ans: C Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

Cognitive Domain: Application Answer Location: The Constitutional Right to Privacy Difficulty Level: Medium 26. Which of the following are three different tests under the Equal Protection Clause in order from least restrictive to most restrictive?

A. rational basis, severe scrutiny, and intermediate basis B. rational basis, intermediate scrutiny, and strict scrutiny C. rational basis, strict scrutiny, and intermediate scrutiny D. intermediate scrutiny, strict scrutiny, and severe scrutiny Ans: B Learning Objective: 2-4: The courts do not recognize any limitations on expression under the First Amendment.

Cognitive Domain: Comprehension Answer Location: Three Levels of Scrutiny Difficulty Level: Easy 27. Out of the Supreme Court case District of Columbia v. Heller, the Second Amendment ______.

A. protects those affiliated with the militia and their right to bear arms B. protects the rights of individuals to possess firearms C. is up to the state to legislate and enforce as they deem appropriate D. is limited to those affiliated with the militia and those acting in self-defense only Ans: B Learning Objective: 2-7: The Eighth Amendment prohibition on cruel and unusual punishment has been interpreted by courts to prohibit all methods of capital punishment other than lethal injection.

Cognitive Domain: Comprehension Answer Location: The Right to Bear Arms

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Difficulty Level: Medium 28. Which of the following constitutional principles does not reflect the doctrine of legality?

A. bill of attainder B. ex post facto laws C. statutory clarity D. scrutiny tests Ans: D Learning Objective: 2-1: Bills of attainder prohibit punishing an individual for an act that was not a crime at the time it was committed.

Cognitive Domain: Application Answer Location: Rule of Legality Difficulty Level: Medium 29. Which constitutional provision(s) includes the self-incrimination clause?

A. First Amendment B. Third Amendment C. Fifth Amendment D. Ninth Amendment Ans: C Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

Cognitive Domain: Application Answer Location: The Constitutional Right to Privacy Difficulty Level: Medium 30. Which of the following amendments prohibit a state from depriving individuals of “life, liberty, or property without due process of the law”?

A. First Amendment B. Fourteenth Amendment C. Nineteenth Amendment D. Twentieth Amendment Ans: B Learning Objective: 2-7: The Eighth Amendment prohibition on cruel and unusual punishment has been interpreted by courts to prohibit all methods of capital punishment other than lethal injection.

Cognitive Domain: Application Answer Location: The Right to Bear Arms Difficulty Level: Medium 31. The first 10 amendments to the U.S. Constitution create rights against the federal government and are called the ______?

A. Bill of Rights B. preamble C. rules of legality

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D. bills of attainder Ans: B Learning Objective: 2-1: Bills of attainder prohibit punishing an individual for an act that was not a crime at the time it was committed.

Cognitive Domain: Knowledge Answer Location: Freedom of Speech Difficulty Level: Easy 32. The rule of ______ has commonly been considered as “the first principle of the American criminal law and jurisprudence.”

A. judiciary B. democracy C. clarity D. legality Ans: D Learning Objective: 2-1: Bills of attainder prohibit punishing an individual for an act that was not a crime at the time it was committed.

Cognitive Domain: Knowledge Answer Location: Rule of Legality Difficulty Level: Easy 33. The ______ doctrine intended to ensure that statutes clearly inform citizens of prohibited acts while simultaneously providing definite standards for the enforcement of the law.

A. void for vagueness B. ex post facto C. bill of attainder D. statutory clarity Ans: A Learning Objective: 2-3: Laws that distinguish between individuals based on age, race, or gender in most instances are held to be constitutional by courts.

Cognitive Domain: Comprehension Answer Location: Statutory Clarity Difficulty Level: Easy 34. The first 10 amendments to the U.S. Constitution that create rights against the federal government are called the ______.

A. preamble B. rules of legality C. Bill of Rights D. bills of attainder Ans: C Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Knowledge Answer Location: The Bill of Rights Difficulty Level: Easy

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35. Which type of speech is considered to be one of the fundamental challenges encompassed by the First Amendment?

A. religious speech B. political speech C. symbolic speech D. hate speech Ans: D Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Application Answer Location: Hate Speech Difficulty Level: Medium 36. According to gun rights activists, the second amendment is ______.

A. not limited to members of the militia because gun ownership is essential to the preservation of individual liberty B. not limited to members of the militia because gun ownership is an individual choice C. limited only to members of the militia and national guard as outlined in the constitution D. limited only to those employed by the armed forces and hunters Ans: A Learning Objective: 2-7: The Eighth Amendment prohibition on cruel and unusual punishment has been interpreted by courts to prohibit all methods of capital punishment other than lethal injection.

Cognitive Domain: Comprehension Answer Location: The Right to Bear Arms Difficulty Level: Easy 37. In which of the following cases did the Supreme Court observe that there are “wellrecognized categories of speech which may be permissibly limited under the First Amendment?”

A. West Virginia v. Barnette B. Chaplinsky v. New Hampshire C. New York v. Ferber D. R.A.V. v. St. Paul Ans: B Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Application Answer Location: Freedom of Speech Difficulty Level: Medium 38. Which of the following is not deemed a requirement of due process?

A. Individuals must receive notice of criminal conduct.

B. Police must have definite standards to ensure uniformity of enforcement.

C. clarity of criminal statutes D. Individuals will have the freedom of speech.

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Ans: D Learning Objective: 2-3: Laws that distinguish between individuals based on age, race, or gender in most instances are held to be constitutional by courts.

Cognitive Domain: Application Answer Location: Statutory Clarity Difficulty Level: Medium 39. A city passed a new ordinance that limits habitation of ethnic minorities on certain streets, in order to preserve culture and heritage. Jeffrey wishes to move to Chinatown to be close to his favorite restaurants, but the ordinance prohibits this. If challenged as an equal protection violation, which standard is appropriate?

A. The ordinance is presumed valid so long as it is rationally related to a constitutionally permissible state interest.

B. The ordinance must be substantially related to an important government objective.

C. The ordinance must be strictly necessary and there must be no alternative approach to advancing a compelling state interest.

D. The ordinance must be logically related to a historic interest beyond a reasonable doubt.

Ans: C Learning Objective: 2-4: The courts do not recognize any limitations on expression under the First Amendment.

Cognitive Domain: Application Answer Location: Equal Protection Difficulty Level: Hard 40. The ruling of Kolender v. Lawson held that ______.

A. the right to bear arms extends to citizens with no connection to the militia B. fighting words are not protected by the First Amendment C. void for vagueness was aimed to inform citizens of prohibited acts and provide definite standards for the enforcement of the law D. ex post facto laws are prohibited Ans: C Learning Objective: 2-3: Laws that distinguish between individuals based on age, race, or gender in most instances are held to be constitutional by courts.

Cognitive Domain: Comprehension Answer Location: Definite Standards for Law Enforcement Difficulty Level: Medium

True/False 1. The right to privacy is limited to the protection of persons and objects.

Ans: F Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

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Cognitive Domain: Knowledge Answer Location: The Right to Privacy and the Fourth Amendment Difficulty Level: Easy 2. The execution of a person who is younger than 18 years of age at the time of a capital offense constitutes cruel and unusual punishment.

Ans: T Learning Objective: 2-8: Appreciate the meaning of the Eighth Amendment prohibition on cruel and unusual punishment.

Cognitive Domain: Knowledge Answer Location: Cruel and Unusual Punishment | The Amount of Punishment: The Death Penalty Difficulty Level: Easy 3. The U.S. Supreme Court has interpreted cross burning as a form of hate speech, regardless of the intent.

Ans: F Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Knowledge Answer Location: Freedom of Speech | Hate Speech Difficulty Level: Easy 4. An individual’s act of incitement to violent action is constitutional unless the incitement is of imminent violence.

Ans: T Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Comprehension Answer Location: Freedom of Speech Difficulty Level: Easy 5. The right to privacy is explicitly stated in the U.S. Constitution.

Ans: F Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

Cognitive Domain: Knowledge Answer Location: Privacy | The Constitutional Right to Privacy Difficulty Level: Easy 6. Law enforcement may place a GPS device on a suspect’s car because there is no reasonable expectation of privacy in a vehicle’s movement.

Ans: F Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

Cognitive Domain: Analysis Answer Location: The Right to Privacy and the Fourth Amendment Difficulty Level: Medium

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7. Since 2014, the total number of executions carried out nationwide has declined.

Ans: T Learning Objective: 2-8: Appreciate the meaning of the Eighth Amendment prohibition on cruel and unusual punishment.

Cognitive Domain: Comprehension Answer Location: Cruel and Unusual Punishment Difficulty Level: Medium 8. A student may not be compelled to pledge allegiance to the American flag.

Ans: T Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Knowledge Answer Location: Freedom of Speech Difficulty Level: Easy 9. A law that prohibits providing contraceptives to unmarried individuals is an unconstitutional violation of the Fourth Amendment right to privacy.

Ans: F Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

Cognitive Domain: Analysis Answer Location: The Constitutional Right to Privacy Difficulty Level: Hard 10. In Virginia, the Supreme Court held that a law prohibiting non-law-enforcement persons from carrying a weapon on the campus of George Mason University is an unconstitutional violation of the Second Amendment.

Ans: F Learning Objective: 2-7: The Eighth Amendment prohibition on cruel and unusual punishment has been interpreted by courts to prohibit all methods of capital punishment other than lethal injection.

Cognitive Domain: Knowledge Answer Location: The Right to Bear Arms Difficulty Level: Easy 11. There are no limits to the freedom of speech.

Ans: F Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Comprehension Answer Location: Freedom of Speech Difficulty Level: Easy 12. Individual rights and liberties need to be balanced against the need for social order and stability.

Ans: T

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Learning Objective: 2-1: Bills of attainder prohibit punishing an individual for an act that was not a crime at the time it was committed.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 13. Due process requires that criminal statutes be drafted in a clear and understandable fashion.

Ans: T Learning Objective: 2-3: Laws that distinguish between individuals based on age, race, or gender in most instances are held to be constitutional by courts.

Cognitive Domain: Knowledge Answer Location: Statutory Clarity Difficulty Level: Easy 14. The freedom to make choices concerning personal lifestyle and an individual’s body and reproduction are protected by privacy laws.

Ans: T Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

Cognitive Domain: Comprehension Answer Location: The Constitutional Right to Privacy Difficulty Level: Easy 15. The courts apply an intermediate scrutiny test in examining distinctions based on race and national origin.

Ans: F Learning Objective: 2-4: The courts do not recognize any limitations on expression under the First Amendment.

Cognitive Domain: Knowledge Answer Location: Three Levels of Scrutiny Difficulty Level: Easy 16. There is only one constitutional provision creates the right to privacy.

Ans: F Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

Cognitive Domain: Comprehension Answer Location: The Constitutional Right to Privacy Difficulty Level: Easy 17. The rule of democracy requires that individuals receive notice of certain prohibited acts.

Ans: F Learning Objective: 2-3: Laws that distinguish between individuals based on age, race, or gender in most instances are held to be constitutional by courts.

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Cognitive Domain: Comprehension Answer Location: Statutory Clarity Difficulty Level: Easy 18. The government may neither require nor substantially interfere with individual expression.

Ans: T Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Comprehension Answer Location: Freedom of Speech Difficulty Level: Easy 19. Originally, the U.S. Constitution did not provide for the equal protection of the law.

Ans: T Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

Cognitive Domain: Knowledge Answer Location: Equal Protection Difficulty Level: Easy 20. Due process ensures clarity in criminal statutes.

Ans: T Learning Objective: 2-3: Laws that distinguish between individuals based on age, race, or gender in most instances are held to be constitutional by courts.

Cognitive Domain: Comprehension Answer Location: Statutory Clarity Difficulty Level: Easy

Short Answer 1. Do you believe the government should be able to punish citizens for breaking ex post facto laws? Explain your reasoning and defend your answer.

Ans: Varies. Students may first define ex post facto laws. They must analyze the implications of ex post facto laws, perhaps by providing the advantages and disadvantages of allowing prosecution of individuals who break these laws.

Learning Objective: 2-2: One purpose of statutory clarity is to ensure that individuals know what is prohibited by the criminal law.

Cognitive Domain: Analysis Answer Location: Ex Post Facto Laws Difficulty Level: Hard 2. Explain the difference between hate speech and hate crimes. To defend your answer, provide examples from media portrayals, personal experiences, or situations you may

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have witnessed. What are some ways society can combat hate speech and hate crimes?

Ans: Varies. Students must thoroughly define hate speech and hate crime and discuss each of their significance through given examples by providing specifics such as who committed the acts and who it was directed against. Students must also discuss ways of combating hate speech and hate crimes through constructive means such as legislative actions, media campaigns, local projects, and so on.

Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Analysis Answer Location: Hate Speech Difficulty Level: Hard 3. What are the four functions that are central to democracy performed by freedom of expression under the First Amendment as identified by Thomas I. Emerson?

Ans: Freedom of expression contributes to individual self-fulfillment by encouraging individuals to express their ideas and creativity, ensures a vigorous “marketplace of ideas,” promotes social stability, and ensures that there is a steady stream of innovative ideas and enables the government to identify and address newly arising issues.

Students may briefly discuss each of the functions or provide examples.

Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Application Answer Location: Freedom of Speech Difficulty Level: Medium 4. What is the rule of legality?

Ans: A strong answer will define the rule of legality as the first principle of American criminal law and jurisprudence and is reflected in two constitutional principles: Bills of attainder and ex post facto laws and the constitutional requirement for statutory clarity.

Students must briefly describe each of these concepts and may provide examples.

Learning Objective: 2-1: Bills of attainder prohibit punishing an individual for an act that was not a crime at the time it was committed.

Cognitive Domain: Comprehension Answer Location: Rule of Legality Difficulty Level: Easy 5. What are the common characteristics of speech that are absent from First Amendment protection?

Ans: A strong answer will discuss the following: the expressions lack social value, directly cause social harm or injury, and are narrowly defined in order to avoid discouraging and deterring individuals from engaging in free and open debate.

Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Analysis Answer Location: Freedom of Speech Difficulty Level: Medium 6. What main categories of speech are not protected by the First Amendment?

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Ans: A strong answer will identify the following: fighting words, incitement to violent action, threat (true threats), obscenity, and libel. Students may briefly describe each of these categories.

Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Application Answer Location: Freedom of Speech Difficulty Level: Easy 7. Why does the right to privacy lack a clear meaning?

Ans: The right to privacy lacks a clear meaning because it is not explicitly mentioned in the U.S. Constitution, but it is argued that privacy is implied. There are also difficulties in determining just how much privacy an individual is entitled to especially when acts are committed within the privacy of the home.

Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

Cognitive Domain: Analysis Answer Location: The Constitutional Right to Privacy Difficulty Level: Hard 8. What does due process require?

Ans: A strong answer will discuss the following: Due process requires that criminal statutes should be drafted in a clear and understandable fashion.

Due process requires that individuals receive notice of criminal conduct.

Due process requires that the police, prosecutors, judges, and jurors are provided with a reasonably clear statement of prohibited behavior so as to ensure uniform and nondiscriminatory enforcement of the law.

Learning Objective: 2-3: Laws that distinguish between individuals based on age, race, or gender in most instances are held to be constitutional by courts.

Cognitive Domain: Comprehension Answer Location: Statutory Clarity Difficulty Level: Easy 9. What are the categories of ex post facto laws as established in Calder v. Bull?

Ans: A strong answer will identify the following: Every law that makes an action, done before the passing of the law, and was innocent when done, criminal; and punishes such action.

Every law that aggravates a crime, or makes it greater than it was, when committed.

Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed.

Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offense, in order to convict the offender.

Learning Objective: 2-2: One purpose of statutory clarity is to ensure that individuals know what is prohibited by the criminal law.

Cognitive Domain: Application

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Answer Location: Ex Post Facto Laws Difficulty Level: Easy 10. Does the right to privacy lack a clear meaning and why or why not?

Ans: The right to privacy lacks a clear meaning because it is not explicitly mentioned in the U.S. Constitution, but it is argued that privacy is implied. There are also difficulties in determining just how much privacy an individual is entitled to especially when acts are committed within the privacy of the home.

Learning Objective: 2-6: The Second Amendment right to bear arms does not protect individuals’ right to keep firearms outside the home.

Cognitive Domain: Analysis Answer Location: The Constitutional Right to Privacy Difficulty Level: Hard

Essay 1. Define and distinguish the three types of scrutiny under the Equal Protection Clause.

Ans: (1) Rational basis test: the minimum level of scrutiny which will apply to most laws.

(2) Intermediate scrutiny: the middle level of scrutiny has applied to classifications based on gender. (3) Strict scrutiny: the highest level of scrutiny has been applied to classifications based on race and national origin. Although a law may appear neutral, it may nonetheless be deemed to constitute an unconstitutional classification.

Learning Objective: 2-4: The courts do not recognize any limitations on expression under the First Amendment.

Cognitive Domain: Comprehension Answer Location: Equal Protection | Three Levels of Scrutiny Difficulty Level: Medium 2. What are the three main differences between a bill of attainder and ex post facto laws?

Ans: (1) A bill of attainder punishes a specific individual or specific individuals. An ex post facto law criminalizes an act that was legal at the time the act was committed. (2) A bill of attainder is not limited to criminal punishment and may involve any disadvantage imposed on an individual; ex post facto laws are limited to criminal punishment. (3) A bill of attainder imposes punishment on an individual without trial. An ex post facto law is enforced in a criminal trial.

Learning Objective: 2-2: One purpose of statutory clarity is to ensure that individuals know what is prohibited by the criminal law.

Cognitive Domain: Analysis Answer Location: Bills of Attainder and Ex Post Facto Laws Difficulty Level: Easy 3. What are the four functions central to democracy performed by freedom of expression under the First Amendment as identified by Thomas I. Emerson?

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Ans: Freedom of expression contributes to individual self-fulfillment by encouraging individuals to express their ideas and creativity, ensures a vigorous “marketplace of ideas,” promotes social stability, and ensures that there is a steady stream of innovative ideas and enables the government to identify and address newly arising issues.

Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Knowledge Answer Location: Freedom of Speech Difficulty Level: Easy 4. What does due process require with respect to criminal law? Why is due process important?

Ans: Due process requires that criminal statutes should be drafted in a clear and understandable fashion. Statutes that fail to meet this standard are considered unconstitutional. Due process requires that individuals receive notice of criminal conduct and that the police, prosecutors, judges, and jurors are provided with a reasonably clear statement of prohibited behavior so as to ensure uniform and nondiscriminatory enforcement of the law. Due process protections in this context are important because they ensure that individuals are not punished for innocent conduct or conduct that they could not reasonably know was illegal.

Learning Objective: 2-3: Laws that distinguish between individuals based on age, race, or gender in most instances are held to be constitutional by courts.

Cognitive Domain: Application Answer Location: Statutory Clarity Difficulty Level: Easy 5. What are the main categories of speech whose content is not protected by the First Amendment?

Ans: Fighting words, incitement to violent action, threat (true threats), obscenity, and libel. (Students may briefly describe each of these categories.)

Learning Objective: 2-5: The U.S. Constitution explicitly provides for a right to privacy.

Cognitive Domain: Knowledge Answer Location: Freedom of Speech Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Chapter 3: Elements of Crimes Test Bank Multiple Choice 1. Dawn was driving down the road when she spotted a one-car accident and a woman named Sarah on the side of the road. Dawn stopped to call 911 and began to render aid while waiting on the ambulance. Dawn attempted to perform CPR, but she broke several of Sarah’s ribs in the process. The broken ribs punctured Sarah’s lungs, causing Sarah to go into respiratory failure. Sarah died shortly thereafter. Which of the following is NOT correct?

A. Dawn was obligated to assist Sarah under the American bystander rule.

B. Even though Sarah died as a result of the trauma caused by the punctured lung, Dawn’s intervention may be protected under a Good Samaritan law.

C. Dawn would have been obligated to assist Sarah under the European bystander rule.

D. Depending on what state Dawn is in, state law might require her to assist Sarah.

Ans: C Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.

Cognitive Domain: Analysis Answer Location: Omissions Difficulty Level: Medium 2. Which of the following is not considered an involuntary act under the Model Penal Code?

A. conduct during hypnosis or resulting from hypnotic suggestion B. bodily movement that is the conscious product of the actor C. bodily movement during unconsciousness or sleep D. a reflex or convulsion Ans: B Learning Objective: 3-2: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.

Cognitive Domain: Knowledge Answer Location: A Voluntary Criminal Act (Model Penal Code Exhibit) Difficulty Level: Easy 3. The police executed a search warrant on Jerry’s home and found large quantities of cocaine and marijuana in his bedroom closet. Jerry may be properly charged with possession of illegal substances based on which concept of possession?

A. fleeting possession B. joint possession C. actual possession D. constructive possession

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Ans: D Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Analysis Answer Location: Possession Difficulty Level: Medium 4. One night, while showing off her new pistol, Mary fired the pistol through her bedroom window. The bullet hit Jo, who was walking her dog down the street. Which of the following forms of intent best describes Mary’s conduct?

A. recklessly B. purposely C. negligently D. knowingly Ans: A Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.

Cognitive Domain: Analysis Answer Location: Intent Under the Model Penal Code Difficulty Level: Medium 5. Will shot Brad as an act of revenge. During surgery, the surgeon accidentally severed a major artery, and Brad died. Choose the best answer for the most likely outcome.

A. Will is not guilty because the doctor’s negligence was the proximate cause of Brad’s death.

B. Will is likely guilty of homicide because medical negligence is a foreseeable consequence of a gunshot wound.

C. Will is likely guilty under the Model Penal Code because his conduct is the proximate cause of Brad’s death.

D. Will is not guilty because Brad died as the result of a coincidental intervening act.

Ans: B Learning Objective: 3-1: The criminal law punishes voluntary criminal acts but does not penalize involuntary acts or punish thoughts about committing a crime.

Cognitive Domain: Analysis Answer Location: Responsive Intervening Acts Difficulty Level: Hard 6. What type of intent describes a scenario where an individual intends to attack one person but harms another?

A. general B. specific C. transferred D. constructive Ans: C

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Learning Objective: 3-9: Criminal intent and a criminal act in most instances are required to concur (to be at the same time) with one another.

Cognitive Domain: Knowledge Answer Location: Transferred Intent Difficulty Level: Easy 7. Which type of intervening acts arise when a defendant’s act places a victim in a particular place where the victim is harmed by an unforeseeable event?

A. coincidental B. proximate C. responsive D. factual Ans: A Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.

Cognitive Domain: Comprehension Answer Location: Coincidental Intervening Acts Difficulty Level: Easy 8. Which of the following is not a form of intent under the Model Penal Code?

A. knowingly B. purposely C. intentionally D. recklessly Ans: C Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.

Cognitive Domain: Knowledge Answer Location: Intent Under the Model Penal Code Difficulty Level: Easy 9. A determination that it is fair or just to hold a defendant legally responsible for an injury of death is a determination of which type of causation?

A. express B. proximate C. but for D. responsive Ans: B Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.

Cognitive Domain: Comprehension Answer Location: Legal or Proximate Cause Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

10. Which type of intent is characterized by an individual’s mental determination to accomplish a certain result?

A. constructive B. transferred C. general D. specific Ans: D Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.

Cognitive Domain: Comprehension Answer Location: General and Specific Intent Difficulty Level: Easy 11. A(n) ______ is a conscious choice by an individual to commit or not commit an act.

A. independent B. involuntary C. dependent D. voluntary Ans: D Learning Objective: 3-2: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.

Cognitive Domain: Knowledge Answer Location: A Voluntary Criminal Act Difficulty Level: Easy 12. Although Ronni Jo has had seizures all her life, she still drives her car to and from work every day. One day on her way to work, she began having a seizure while driving.

She became too impaired to stop her car at the stop sign and hit multiple children as they crossed the street on their walk to school. Will Ronni Jo likely be successful in her argument that the accident was a result of an involuntary action?

A. Yes, she has no control of when her seizures take place.

B. Yes, she did not intend to hit the students.

C. No, she was aware of her seizure disorder and should take precautions.

D. No, unless she was taking anti-seizure medication at the time.

Ans: C Learning Objective: 3-2: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.

Cognitive Domain: Application Answer Location: A Voluntary Criminal Act Difficulty Level: Medium 13. Which of the following is not a practical consideration of requiring that a criminal act be voluntary?

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

A. There is a strong need to deter individuals who involuntary engage in criminal conduct.

B. it would be fundamentally unfair to punish those who do not consciously choose to engage in criminal conduct.

C. Involuntary actors cannot be considered morally blameworthy.

D. There is no need to incapacitate or rehabilitate individuals who voluntary engage in criminal conduct.

Ans: D Learning Objective: 3-2: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.

Cognitive Domain: Application Answer Location: A Voluntary Criminal Act Difficulty Level: Medium 14. Which of the following is an example of a voluntary act?

A. a convulsion B. a reflex C. a habit D. an omission Ans: D Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.

Cognitive Domain: Comprehension Answer Location: A Voluntary Criminal Act Difficulty Level: Easy 15. Which of the following involuntary acts are not covered under the Model Penal Code?

A. convulsions B. acts committed under hypnosis C. reflexes D. eye rolls Ans: D Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.

Cognitive Domain: Application Answer Location: The Model Penal Code Difficulty Level: Medium 16. Robinson v. California ruled that it is unjust to convict the defendant of a ______ because he is a drug addict.

A. possession B. preparatory offense C. misdemeanor D. status offense

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Ans: D Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.

Cognitive Domain: Knowledge Answer Location: Status Difficulty Level: Easy 17. It is a crime to be drunk in public. However, homeless people are always drunk in public because they have nowhere else to go. Would it be constitutionally permissible to punish alcoholics who are homeless?

A. Yes, they violated a statute for which the standard is strict liability.

B. Yes, providing they were exhibiting the type of disruptive behavior the statute was aimed at preventing.

C. No, being alcoholic and homeless are both statuses, which cannot be criminalized.

D. No, as a society we aim to not kick people when they are down.

Ans: B Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.

Cognitive Domain: Application Answer Location: Status Difficulty Level: Medium 18. Which case held that the defendants had been improperly arrested and punished because they were unemployed “hippies?”

A. People v. Kellogg B. Wheeler v. Goodman C. Brown v. Board of Education D. Robinson v. California Ans: B Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.

Cognitive Domain: Comprehension Answer Location: Status Difficulty Level: Easy 19. A babysitter who agrees to care for children or a lifeguard employed to safeguard swimmers is an example of which of the following?

A. statute B. assumption of a duty C. status D. contract Ans: D Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.

Cognitive Domain: Application Answer Location: Status

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Difficulty Level: Medium 20. In which situation is the individual likely to be charged with a crime if stopped by a police officer?

A. a known prostitute who is spotted ordering coffee at the neighborhood spot B. a known gang member who is walking with his child to the supermarket C. a communist man expressing his views in a public forum D. a drug user who is also selling in an open-air market Ans: D Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.

Cognitive Domain: Application Answer Location: Status Difficulty Level: Medium 21. The ______ rule obligates an individual to intervene.

A. Good Samaritan B. duty to intervene C. omission D. European bystander rule Ans: A Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.

Cognitive Domain: Comprehension Answer Location: The American and European Bystander Rules Difficulty Level: Easy 22. The ______ rule states that an individual is not legally required to assist a person who is in peril.

A. Good Samaritan B. American bystander C. duty to intervene D. omission Ans: B Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.

Cognitive Domain: Comprehension Answer Location: The American and European Bystander Rules Difficulty Level: Easy 23. Which of the following offenses is considered a possession?

A. moral B. attempt C. omission D. preparatory Ans: D

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Knowledge Answer Location: Possession Difficulty Level: Easy 24. The ______ rule permits an innocent individual to momentarily possess and dispose of an illegal object.

A. fleeting possession B. constructive possession C. temporary possession D. mere possession Ans: A Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Comprehension Answer Location: Possession Difficulty Level: Easy 25. ______ possession refers to physical control without awareness of the object.

A. Negligible B. Actual C. Constructive D. Mere Ans: D Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Comprehension Answer Location: Possession Difficulty Level: Easy 26. ______ possession refers to a situation in which a number of individuals exercise control over an object.

A. Basic B. Group C. Joint D. Multiple Ans: C Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Comprehension Answer Location: Possession Difficulty Level: Easy 27. ______ possession refers to drugs and other contraband that are in an individual’s physical possession or within the individual’s immediate reach.

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A. Mere B. Actual C. Joint D. Multiple Ans: B Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Comprehension Answer Location: Possession Difficulty Level: Easy 28. ______ possession refers to contraband that is outside of an individual’s physical control over which he or she exercises control as a result of access to the location where the items are stored or through his or her ability to control an individual with physical control over the contraband.

A. Mere B. Constructive C. Joint D. Multiple Ans: B Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Comprehension Answer Location: Possession Difficulty Level: Easy 29. What is mens rea?

A. a criminal act B. a criminal intent C. an omission D. a criminal thought Ans: B Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.

Cognitive Domain: Comprehension Answer Location: Mens Rea Criminal Intent Difficulty Level: Medium 30. A ______ intent is intent to commit the criminal act.

A. general B. specific C. transferred D. constructive Ans: A

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Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.

Cognitive Domain: Knowledge Answer Location: Transferred Intent Difficulty Level: Easy 31. A ______ intent applies when an individual intends to attack one person and injures another.

A. general B. specific C. transferred D. constructive Ans: C Learning Objective: 3-9: Criminal intent and a criminal act in most instances are required to concur (to be at the same time) with one another.

Cognitive Domain: Knowledge Answer Location: The Model Penal Code Standard Difficulty Level: Easy 32. A ______ intent is a mental determination to accomplish a certain result.

A. general B. specific C. transferred D. constructive Ans: B Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.

Cognitive Domain: Knowledge Answer Location: The Model Penal Code Standard Difficulty Level: Easy 33. Which kind of intent allows for a defendant’s intent to be inferred from the nature of the act and the surrounding circumstances?

A. specific intent B. constructive intent C. general intent D. transferred intent Ans: C Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.

Cognitive Domain: Comprehension Answer Location: The Model Penal Code Standard Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

34. An individual satisfies the ______ standard when he or she is aware that circumstances exist or that a result is practically certain to result from his or her conduct.

A. specifically B. knowingly C. recklessly D. negligently Ans: B Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.

Cognitive Domain: Knowledge Answer Location: Knowingly Difficulty Level: Easy 35. Which of the following intents is considered the most serious?

A. purposely B. knowingly C. recklessly D. negligently Ans: A Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.

Cognitive Domain: Comprehension Answer Location: Purposely Difficulty Level: Easy 36. Which of the following is not considered a type of intent?

A. recklessly B. intentionally C. negligently D. knowingly Ans: B Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.

Cognitive Domain: Application Answer Location: Negligently Difficulty Level: Medium 37. There must be ______ between a criminal act and a criminal intent.

A. knowledge B. causation C. concurrence

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D. preparation Ans: C Learning Objective: 3-1: The criminal law punishes voluntary criminal acts but does not penalize involuntary acts or punish thoughts about committing a crime.

Cognitive Domain: Knowledge Answer Location: Concurrence Difficulty Level: Easy 38. ______ is central to criminal law and must be proven beyond a reasonable doubt.

A. Knowledge B. Causation C. Concurrence D. Preparation Ans: B Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.

Cognitive Domain: Knowledge Answer Location: Causation Difficulty Level: Easy 39. The appropriate punishment of an act depends, to a large extent, on what?

A. whether the act was intentional or incidental B. the attendant circumstances C. whether the crime in question was a result crime D. the category of criminal intent Ans: A Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.

Cognitive Domain: Comprehension Answer Location: Causation Difficulty Level: Easy 40. A(n) ______ cause is an outside factor that causes the death or injury rather than the cause in fact.

A. proximate B. independent C. factual D. intervening Ans: D Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.

Cognitive Domain: Comprehension Answer Location: Legal or Proximate Cause

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Difficulty Level: Easy

True/False 1. Under the Model Penal Code, an act is not a crime unless there is a voluntary act.

Ans: T Learning Objective: 3-1: The criminal law punishes voluntary criminal acts but does not penalize involuntary acts or punish thoughts about committing a crime.

Cognitive Domain: Comprehension Answer Location: A Voluntary Criminal Act Difficulty Level: Easy 2. Someone who is addicted to illegal drugs may be convicted solely for being an addict.

Ans: F Learning Objective: Cognitive Domain: Comprehension Answer Location: Status Difficulty Level: Easy 3. Most jurisdictions have laws that require bystanders to intervene in certain circumstances so long as they themselves would not be placed in danger.

Ans: F Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.

Cognitive Domain: Knowledge Answer Location: Omissions Difficulty Level: Easy 4. When a person acts negligently, the person is aware of a risk but does not intend the consequences of one’s actions.

Ans: F Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.

Cognitive Domain: Comprehension Answer Location: Intent Under the Model Penal Code Difficulty Level: Comprehension 5. Strict liability offenses are mala in se.

Ans: F Learning Objective: 3-8: Strict liability offenses do not require a criminal intent.

Cognitive Domain: Comprehension Answer Location: Strict Liability Offenses Difficulty Level: Medium

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

6. The cause in fact of a crime is also known as “but for” causation.

Ans: T Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.

Cognitive Domain: Knowledge Answer Location: Causality Difficulty Level: Easy 7. A strict liability crime requires proof of both the actus reus and mens rea.

Ans: F Learning Objective: 3-8: Strict liability offenses do not require a criminal intent.

Cognitive Domain: Comprehension Answer Location: Strict Liability Offenses Difficulty Level: Easy 8. The defendant is considered responsible for foreseeable coincidental intervening acts.

Ans: T Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.

Cognitive Domain: Knowledge Answer Location: Coincidental Intervening Acts Difficulty Level: Easy 9. Under the Model Penal Code, recklessness is the most serious form of criminal intent.

Ans: F Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.

Cognitive Domain: Knowledge Answer Location: Intent Under the Model Penal Code Difficulty Level: Easy 10. A person can be convicted for a condition or state of being.

Ans: F Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.

Cognitive Domain: Knowledge Answer Location: Status Difficulty Level: Easy 11. Individuals may be punished on a mere condition.

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Ans: F Learning Objective: 3-3: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.

Cognitive Domain: Knowledge Answer Location: Status Difficulty Level: Easy 12. A criminal act is limited to acts and omissions.

Ans: T Learning Objective: 3-2: A champion Olympic swimmer has a legal duty to rescue a child in a swimming pool whom he or she sees drowning.

Cognitive Domain: Knowledge Answer Location: Omissions Difficulty Level: Easy 13. The basic rule in the United States is that an individual is not legally required to assist a person who is in peril.

Ans: T Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.

Cognitive Domain: Knowledge Answer Location: The American and European Bystander Rules Difficulty Level: Easy 14. The Good Samaritan standard common in Europe obligates individuals to intervene.

Ans: T Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.

Cognitive Domain: Knowledge Answer Location: The American and European Bystander Rules Difficulty Level: Easy 15. A negation is a failure to act or a “negative act.”

Ans: F Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.

Cognitive Domain: Comprehension Answer Location: The American and European Bystander Rules Difficulty Level: Easy 16. It is believed that punishing possession deters and prevents the next step.

Ans: T Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Comprehension Answer Location: Possession

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Difficulty Level: Easy 17. The most difficult issue for courts is mere possession.

Ans: F Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Knowledge Answer Location: Possession Difficulty Level: Easy 18. The fleeting possession rule is a limited exception to criminal possession Ans: T Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Comprehension Answer Location: Possession Difficulty Level: Easy 19. Mere possession refers to an individual’s awareness that he or she is in possession of contraband.

Ans: F Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Comprehension Answer Location: Possession Difficulty Level: Easy 20. A specific intent is a mental determination to accomplish a specific result.

Ans: T Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.

Cognitive Domain: Comprehension Answer Location: The Model Penal Code Standard Difficulty Level: Easy

Short Answer

1. How does the Good Samaritan standard differ from the American bystander rule?

Ans: The Good Samaritan standard is commonly used in Europe where individuals are obligated to assist another in peril. The American bystander rule, however, does not legally bind an individual from assisting another in peril.

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.

Cognitive Domain: Analysis Answer Location: The American and European Bystander Rules Difficulty Level: Medium 2. What is the difference between factual cause and proximate cause?

Ans: Factual cause asks whether “but for” the criminal’s act, the victim would have suffered the harm. Proximate causes are those intervening acts or events that may actually have caused the harm to the victim.

Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.

Cognitive Domain: Analysis Answer Location: Cause in Fact | Legal or Proximate Cause Difficulty Level: Easy 3. What is possession?

Ans: A strong answer will define possession as the ability to exercise dominion and control over an object.

Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Comprehension Answer Location: Possession Difficulty Level: Medium 4. What does fleeting possession permit?

Ans: Fleeting possession permits an innocent individual to momentarily possess and dispose of an illegal object or contraband.

Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Comprehension Answer Location: Possession Difficulty Level: Easy 5. What is transferred intent?

Ans: Transferred intent can be defined as when an individual’s intent to commit an act that was inadvertently committed against someone other than the actual target is “transferred” as if the victim was the actual target.

Learning Objective: 3-9: Criminal intent and a criminal act in most instances are required to concur (to be at the same time) with one another.

Cognitive Domain: Comprehension Answer Location: The Model Penal Code Standard Difficulty Level: Easy 6. What is the difference between general intent and specific intent?

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Ans: General intent is the intent to commit the criminal act without the need to demonstrate intent to violate the law. Specific intent consists of a mental determination to accomplish a specific result.

Learning Objective: 3-6: The criminal intent of purposely is considered the most serious criminal intent because an offender who intentionally violates the law has not been deterred by the threat of criminal prosecution, conviction, and punishment.

Cognitive Domain: Analysis Answer Location: The Model Penal Code Standard Difficulty Level: Easy 7. What is the difference between purposely and knowingly?

Ans: Purposely is more morally blameworthy and is considered the most serious because the perpetrator intentionally and deliberately committed the act. Knowingly, on the other hand, does not necessarily amount to committing a deliberate act. Rather, when committing an act, the perpetrator is aware that circumstances exist or as a result is practically certain to follow from his or her conduct.

Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.

Cognitive Domain: Analysis Answer Location: Purposely | Knowingly Difficulty Level: Easy 8. What is chronological concurrence?

Ans: Chronological concurrence is when a criminal intent must exist at the same time as a criminal act.

Learning Objective: 3-1: The criminal law punishes voluntary criminal acts but does not penalize involuntary acts or punish thoughts about committing a crime.

Cognitive Domain: Comprehension Answer Location: Concurrence Difficulty Level: Easy 9. What is the difference between a purposeful intent and a strict liability offense?

Provide an example of each to support your answer.

Ans: Purposeful acts are committed intentionally and deliberately meaning that there was intent to commit an act to accomplish a specific result. Strict liability offenses, on the other hand, do not require mens rea (which “purposely” is a type of).

Learning Objective: 3-8: Strict liability offenses do not require a criminal intent.

Cognitive Domain: Analysis Answer Location: Strict Liability Offenses Difficulty Level: Medium 10. What is the difference between coincidental intervening acts and responsive intervening acts?

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Ans: Coincidental intervening acts are those events that happen outside the control of the perpetrator. Responsive intervening acts are the acts committed by a victim as a response to a perpetrator’s act.

Learning Objective: 3-10: An offender whose criminal act results in the hospitalization of the victim will never be held legally responsible for any additional harm that the victim suffers as a consequence of his or her hospitalization.

Cognitive Domain: Analysis Answer Location: Coincidental Intervening Acts | Responsive Intervening Acts Difficulty Level: Medium

Essay 1. Define actus reus and explain its significance.

Ans: Actus reus is a voluntary act or failure to commit an act that causes a social harm that is condemned under a criminal status. An actus reus is significant in the context of criminal law because a crime, by definition, must have a criminal act or omission.

Learning Objective: 3-1: The criminal law punishes voluntary criminal acts but does not penalize involuntary acts or punish thoughts about committing a crime.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 2. Distinguish between the American bystander rule and the European bystander rule.

Ans: In Europe, individuals are obligated to assist another individual in peril. In contrast, in America, individuals are generally not bound to assist another in peril. However, a minority of states in America require individuals to act to assist another under certain circumstances as long as they are not placed in danger.

Learning Objective: 3-4: When narcotics are seized by the police in an automobile, all of the individuals in the car automatically will be held guilty of narcotics possession.

Cognitive Domain: Comprehension Answer Location: Omissions Difficulty Level: Medium 3. Briefly compare and contrast the concepts of constructive and joint possession against actual (regular) possession. Discuss why you believe constructive and joint possession should or should not be permissible as legal offenses.

Ans: Constructive possession is when an object or contraband is outside of an individual’s actual physical control but over which he or she exercises control through access to the location. Joint possession is when a number of individuals exercise control over an object or contraband. These two types of possession differ from actual possession, which means that an object or contraband is within an individual’s physical possession or immediate reach. It is much more difficult to convict a defendant of constructive possession because the amount of control a person has over an object or

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an area where the object is, is not always clear. With joint possession, it is also difficult to determine who actually controls an object or the area where the object is.

Learning Objective: 3-5: The same criminal act may be considered more serious or less serious based on the offender’s intent.

Cognitive Domain: Comprehension Answer Location: Possession Difficulty Level: Medium 4. What is the doctrine of transferred intent, and what is the rationale for the doctrine?

Ans: Transferred intent arises when an individual inadvertently commits an act against someone other than the actual target. The doctrine of transferred intent is then applied in order to hold the individual legally responsible for the harm caused, even though the wrong person was harmed. The rationale for transferred intent is to hold individuals accountable for their wrongful intent and consequences, even if the victim was not the intended target.

Learning Objective: 3-9: Criminal intent and a criminal act in most instances are required to concur (to be at the same time) with one another.

Cognitive Domain: Comprehension Answer Location: Transferred Intent Difficulty Level: Medium 5. Distinguish between recklessness and negligence.

Ans: The difference between reckless behavior and negligent behavior lies in the individual’s awareness of risks involved in the act committed. Reckless individuals are aware that their behavior is risky and creates a risk of substantial and unjustifiable harm. Negligent individuals are unaware of such a risk.

Learning Objective: 3-7: An important difference between the criminal intent of recklessly and the criminal intent of negligently is whether the offender is aware of the substantial risk caused by his or her act.

Cognitive Domain: Comprehension Answer Location: Intent Under the Model Penal Code Difficulty Level: Medium

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Chapter 4: Parties to Crime Test Bank Multiple Choice 1. Ashley leased one of her rental properties to Devin, a known drug dealer. Ashley was charged with accomplice liability. Which of the following is the most likely outcome?

A. Ashley is guilty under Judge Leonard Hand’s standard of accomplice liability.

B. Ashley may be guilty under a purposive standard of mens rea.

C. Ashley is likely guilty under either a knowledge or purposive standard.

D. Ashley’s guilt may depend on whether the illegal sale of controlled substances is considered a serious crime in the jurisdiction where she is being prosecuted.

Ans: D Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Analysis Answer Location: Mens Rea of Accomplice Liability Difficulty Level: Medium 2. Which of the following common law parties to a crime are the actual perpetrators of the crime?

A. accessory after the fact B. accessory before the fact C. principals D. accessories Ans: C Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime Difficulty Level: Easy 3. Which of the following is a concept in which the accessory’s guilt flows from the acts of the primary perpetrator of the crime?

A. criminal complicity B. derivative liability C. purposive consequence D. complicit liability Ans: B

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Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime Difficulty Level: Easy 4. Ron robbed a bank and escaped to a friend’s house several miles away. Ron told the friend, who was previously unaware, that he had just robbed a bank. Which of the following is NOT true?

A. Ron’s friend is guilty of being an accessory after the fact for failing to report the bank robbery.

B. Ron’s friend is guilty of being an accessory after the fact if he provides Ron with money to leave town.

C. Ron’s friend is guilty of being an accessory after the fact if he hides Ron in his basement.

D. Ron’s friend is guilty of being an accessory after the fact if he hides the cash for safekeeping until Ron returns.

Ans: A Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Application Answer Location: Accessory After the Fact Difficulty Level: Medium 5. Which of the following common law perpetrators to a crime are required to be either physically or constructively present at the crime scene?

A. principals in the first degree B. principals in the second degree C. accessories before the fact D. accessories after the fact Ans: B Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime Difficulty Level: Easy 6. Under the common law, the getaway driver in a bank robbery is which of the following parties to a crime?

A. accessory after the fact B. accessory before the fact C. principal in the first degree D. principal in the second degree

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Ans: D Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime Difficulty Level: Easy 7. The mens rea of accomplice liability requires which of the following dual intents?

A. the intent to assist the primary party and the intent to prevent prosecution B. the intent to prepare for the commission of a crime and the intent that the primary party commit the offense C. the intent to prepare for the commission of a crime and the intent to prevent prosecution D. the intent to assist the primary party and the intent that the primary party commit the offense charged Ans: D Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Knowledge Answer Location: Mens Rea of Accomplice Liability Difficulty Level: Easy 8. Which of the following common law parties to a crime assist the perpetrators of the crime?

A. principals in the first degree B. accessories before the fact C. principals in the second degree D. accessories after the fact Ans: C Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime Difficulty Level: Easy 9. Walter and Lee began making plans to rob a neighborhood bank. Barry agreed to be the lookout and the getaway driver as long as he got a percentage of the stolen money.

Last Wednesday, Walter and Lee entered the Hillcrest Fields Bank wearing ski masks and armed with pistols. After 10 minutes, Walter and Lee left the bank with bags of cash and began to run toward Barry’s getaway car. However, they were confronted by a security officer who chased Walter and Lee from the bank. Walter fired his pistol at the officer, killing him. Which of the following is true?

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A. Under the common law, Barry is liable as a principal in the second degree.

B. Under the mere presence rule, any bystander in the bank who watched the bank robbery take place is an accomplice.

C. Barry is not responsible for the security officer’s death under the natural and probable consequences rule.

D. Only Walter is responsible for the death of the security officer.

Ans: A Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Analysis Answer Location: Parties to a Crime Difficulty Level: Medium 10. A legal concept that holds employers responsible for the crimes committed by their employees is known as ______.: A. accomplice liability B. vicarious liability C. partner liability D. public good liability Ans: B Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Knowledge Answer Location: Vicarious Liability Difficulty Level: Easy 11. The common law divided the participants in a crime into ______ and ______.

A. principals, accomplices B. principals, accessories C. principals, aides D. aides, accessories Ans: B Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime Difficulty Level: Easy 12. ______ are actually present and carried out the crime.

A. Principals B. Accessories C. Accomplices D. Parties

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Ans: A Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime Difficulty Level: Easy 13. ______ are required to be either physically or constructively present at the crime scene.

A. Principals in the first degree B. Principals in the second degree C. Accessories before the fact D. Accessories after the fact Ans: B Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime Difficulty Level: Easy 14. ______ are individuals who help in preparing the crime.

A. Principals in the first degree B. Principals in the second degree C. Accessories before the fact D. Accessories after the fact Ans: C Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime Difficulty Level: Easy 15. ______ is the perpetrator of the crime.

A. Principal in the first degree B. Principal before the fact C. Accessory in the first degree D. Accessory before the fact Ans: A Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime

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Difficulty Level: Easy 16. The ______ rule provides that a conspiracy to commit a crime and the crime itself are separate and distinct crimes.

A. principal B. accessory C. criminal complicity D. Pinkerton Ans: D Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Comprehension Answer Location: Parties to a Crime Difficulty Level: Easy 17. The ______ of accomplice liability is satisfied by even a relatively insignificant degree of material or psychological assistance.

A. actus reus B. mens rea C. nature D. crime Ans: A Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension Answer Location: Actus Reus of Accomplice Liability Difficulty Level: Easy 18. The mens rea of accomplice liability requires the dual intents of ______ and ______.

A. the intent to assist the primary party; the intent to prevent prosecution B. the intent to prepare for the commission of a crime; the intent to prevent prosecution C. the intent to prepare for the commission of a crime; the intent that the primary party commit the offense D. the intent to assist the primary party; the intent that the primary party commit the offense Ans: D Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension Answer Location: Mens Rea of Accomplice Liability

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Difficulty Level: Easy 19. A conviction for accomplice liability requires that a defendant both ______.

A. assist and intend to assist the commission of a crime B. assist in covering up the crime after its commission and has a special relationship to the principal C. has knowledge of the commission of a crime and testifies against the principal D. has the duty to intervene and fails to do so Ans: A Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension Answer Location: Mens rea of Accomplice Liability Difficulty Level: Easy 20. What provides that being present and watching the commission of a crime is not sufficient to satisfy the actus reus requirement of accomplice liability?

A. Pinkerton rule B. mens rea of accomplice liability C. mere presence rule D. mere ability rule Ans: C Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension Answer Location: Actus Reus of Accomplice Liability Difficulty Level: Easy 21. The ______ doctrine provides that a person encouraging or facilitating the commission of a crime will be held liable as an accomplice for the crime he or she aided and abetted as well as for the crimes that are a likely and feasible outcome of the criminal conduct.

A. Pinkerton B. purposive consequence C. natural and probable consequence D. criminal complicity Ans: C Learning Objective: 4-3: An individual who following a homicide knowingly assists the killer to flee the police is criminally liable for the murder.

Cognitive Domain: Comprehension Answer Location: Natural and Probable Consequences Doctrine Difficulty Level: Easy

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22. An accomplice to an offense can be held as an accomplice for acts that are ______ outcomes of the original offense.

A. natural and probable B. planned and purposeful C. foreseeable and intentional D. predictable Ans: A Learning Objective: 4-3: An individual who following a homicide knowingly assists the killer to flee the police is criminally liable for the murder.

Cognitive Domain: Comprehension Answer Location: Natural and Probable Consequences Doctrine Difficulty Level: Easy 23. Does the natural and probable consequences doctrine does apply if the defendant would not have participated in the criminal act had he known what events would unfold during the commission of the crime?

A. No, the defendant must intend to commit any criminal act with which he is charged.

B. No, the natural and probable consequences doctrine is not used in modern courts.

C. Yes, providing the events were reasonably foreseeable in light of the criminal act.

D. Yes, providing the original crime was violent in nature.

Ans: C Learning Objective: 4-3: An individual who following a homicide knowingly assists the killer to flee the police is criminally liable for the murder.

Cognitive Domain: Comprehension Answer Location: Natural and Probable Consequences Doctrine Difficulty Level: Medium 24. Which of the following individuals would not be capable of being charged as an accessory after the fact with common law?

A. a brother B. a doctor C. a wife D. a clergyman Ans: C Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Application Answer Location: The Common Law Difficulty Level: Medium 25. Which of the following is not considered elements of accessories after the fact?

A. commission of a felony B. knowledge C. purpose

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D. affirmative act Ans: C Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Comprehension Answer Location: The Elements of Accessory After the Fact Difficulty Level: Easy 26. ______ liability imposes liability on an individual for a criminal act committed by another.

A. Vicarious B. Accomplice C. Partner D. Independent Ans: A Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Knowledge Answer Location: Vicarious Liability Difficulty Level: Easy 27. ______ laws hold adults liable for providing liquor in their home to minors.

A. Parental responsibility B. Teen party ordinances C. Social host liability D. Strict liability Ans: C Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Knowledge Answer Location: Criminal Law and Public Policy Difficulty Level: Easy 28. ______ declare that it is criminal for an adult to host a party for minors where alcohol is served.

A. Parental responsibility laws B. Teen party ordinances C. Social host liability D. Strict liability Ans: B Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

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Cognitive Domain: Knowledge Answer Location: Criminal Law and Public Policy Difficulty Level: Easy 29. ______ offense punishes individuals who frustrate the arrest, prosecution, or conviction of individuals who have committed felonies as well as misdemeanors.

A. Obstruction of justice B. Accessoryship C. Hindering prosecution D. Respondent superior Ans: C Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Knowledge Answer Location: The Elements of Accessory After the Fact Difficulty Level: Easy 30. Vicarious liability imposes liability on an individual in what circumstance?

A. when a criminal act is committed by another.

B. when the duty to intervene exists.

C. when the individual has constructive possession D. as required by the appropriate statutory scheme Ans: A Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Comprehension Answer Location: Vicarious Liability Difficulty Level: Easy 31. The following statement matches which element of accessory after the fact? The defendant must provide assistance with the intent or purpose of hindering detection, apprehension, prosecution, conviction, or punishment of the individual receiving assistance.

A. commission of a felony B. knowledge C. affirmative act D. criminal intent Ans: D Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Comprehension Answer Location: The Elements of Accessory After the Fact Difficulty Level: Medium

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32. Which is a feature of the modern view of accessories after the fact?

A. Spouses are no longer prosecuted.

B. Spouses are no longer immune from prosecution.

C. Accessories after the fact are treated as harshly as the perpetrator.

D. Accessories are charged with felonies.

Ans: B Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Comprehension Answer Location: The Elements of Accessory After the Fact Difficulty Level: Easy 33. For which of these actions will an individual be held liable as an accomplice?

A. knowingly selling a gun to an individual who plans to rob a bank B. knowingly renting a room to someone who plans to use it for prostitution C. knowingly repairing the car of a stranded motorist who intends to use the car to rob a bank D. purposely selling a gun to an individual who plans to shoot at individuals in a movie theater Ans: D Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension Answer Location: Actus Reus of Accomplice Liability Difficulty Level: Easy 34. What is the essence of accessory after the fact according to the Model Penal Code?

A. interference with the functioning of the legal process B. an illegal act equal to that of the principal C. a violation of equal protection D. a misdemeanor offense only Ans: A Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Comprehension Answer Location: The Elements of Accessory After the Fact Difficulty Level: Easy 35. Which legal concept holds parties liable for criminal conduct based on their relationship to the perpetrator of a crime?

A. accomplice liability

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B. vicarious liability C. strict liability D. accessory liability Ans: B Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Comprehension Answer Location: Vicarious Liability Difficulty Level: Easy 36. Which legal concept is contrary to the core principle that individuals should be held responsible and liable for their own conduct?

A. accomplice liability B. vicarious liability C. strict liability D. accessory liability Ans: B Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Comprehension Answer Location: Vicarious Liability Difficulty Level: Easy 37. Both principals and accessories were punishable as felons under what?

A. common law B. Model Penal Code C. U.S. Constitution D. judicial decision making Ans: A Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Comprehension Answer Location: Parties to a Crime Difficulty Level: Easy 38. The requirement of purposeful conduct in the mens rea of accomplice liability is the result of which case?

A. Backun v. United States B. People v. Perez C. United States v. Peoni D. United States v. Fountain Ans: C

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Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension Answer Location: Mens Rea of Accomplice Liability Difficulty Level: Easy

True/False 1. Under the mere presence rule, an individual can satisfy the actus reus of a crime by being present and watching the commission of a crime.

Ans: F Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Actus Reus of Accomplice Liability Difficulty Level: Easy 2. An accessory after the fact is generally punished as harshly as the perpetrator of a crime.

Ans: F Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Knowledge Answer Location: Accessory After the Fact Difficulty Level: Easy 3. Under the Model Penal Code, witness tampering is a basis for a conviction of hindering apprehension or prosecution.

Ans: T Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Knowledge Answer Location: Model Penal Code Diagram Difficulty Level: Easy 4. A majority of states have adopted parental responsibility laws.

Ans: T

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Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Knowledge Answer Location: Criminal Law and Public Policy Difficulty Level: Easy 5. The natural and probable consequences doctrine has been rejected by a majority of courts as unfair to an accessory who lacked the intent to commit the more serious offense.

Ans: F Learning Objective: 4-3: An individual who following a homicide knowingly assists the killer to flee the police is criminally liable for the murder.

Cognitive Domain: Comprehension Answer Location: Natural and Probable Consequences Doctrine Difficulty Level: Easy 6. Most jurisdictions have abandoned the common law categories of parties to a crime.

Ans: T Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime Difficulty Level: Easy 7. Betty is the mother of 17-year-old Zach. Last month, Betty obliged Zach’s request to have a keg of beer at his birthday party, primarily attended by other teens. Betty made sure to check each attendee before leaving for signs of intoxication. Everyone arrived home safely. Because Betty was diligent in ensuring that no one appeared to be under the influence, in most states, she would not be guilty of violating a social host liability law.

Ans: F Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Application Answer Location: Criminal Law and Public Policy Difficulty Level: Easy 8. A conviction for accomplice liability requires that a defendant both assist and intend to assist the commission of a crime.

Ans: T Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the

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firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension Answer Location: Mens Rea of Accomplice Liability Difficulty Level: Easy 9. Under the common law, both principals and accessories were punishable as felons.

Ans: T Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime Difficulty Level: Easy 10. One night, Lindsey and her friend Laura robbed a local fast-food restaurant. The two split the money equally and took their shares home. When Lindsey arrived at home, she told her husband, Ryan, about what they had done. To reduce the likelihood of suspicion, Ryan helped Lindsey hide her share of the money by placing deposits in a few different bank accounts. In a majority of states, Ryan is immune from prosecution for helping Lindsey hide the money.

Ans: F Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Analysis Answer Location: The Elements of Accessory After the Fact Difficulty Level: Medium 11. Individuals who assist in the commission of a crime are held liable for the criminal conduct of the perpetrator of the offense.

Ans: T Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Comprehension Answer Location: Parties to a Crime Difficulty Level: Easy 12. The prosecution must establish that the assistance provided by an accessory was essential to the commission of the crime.

Ans: F Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge

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Answer Location: Parties to a Crime Difficulty Level: Easy 13. Holding individuals accountable for intentionally assisting the criminal acts of another is termed principal or principal liability.

Ans: F Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime Difficulty Level: Easy 14. The parental responsibility laws provide that being present and watching the commission of a crime is not sufficient to satisfy the actus reus requirement of accomplice liability Ans: F Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Parties to a Crime Answer Location: Criminal Law and Public Policy Difficulty Level: Easy 15. Individuals will not be held liable based on their relationship with the perpetrator of a crime.

Ans: F Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension Answer Location: Actus Reus of Accomplice Liability Difficulty Level: Easy 16. The mere presence rule provides that being present and watching the commission of a crime is sufficient to satisfy the actus reus requirement of accomplice liability.

Ans: F Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension Answer Location: Actus reus of accomplice liability Difficulty Level: Easy

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17. An individual will be held liable as an accomplice for knowingly rather than purposely selling a gun to an individual who plans to rob a bank.

Ans: F Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Knowledge Answer Location: Mens Rea of Accomplice Liability Difficulty Level: Easy 18. The modern view is that since accessories after the fact are involved following the completion of a crime, they should be treated as harshly as the perpetrator of the crime or accomplices.

Ans: F Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Comprehension Answer Location: The Elements of Accessory After the Fact Difficulty Level: Easy 19. Vicarious liability is used to hold the owners of automobiles liable for traffic tickets issued to their automobiles.

Ans: T Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Knowledge Answer Location: Criminal Law and Public Policy Difficulty Level: Easy 20. The Pinkerton rule provides that a conspiracy to commit a crime and the crime itself are separate and distinct crimes.

Ans: T Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Knowledge Answer Location: Parties to a Crime Difficulty Level: Easy

Short Answer

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1. According to common law, what are the four categories of parties to a crime?

Ans: Principals in the first degree, principals in the second degree, accessories before the fact, and accessories after the fact.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Application Answer Location: Parties to a Crime Difficulty Level: Easy 2. What is the difference between accessory after the fact and the principal in the first degree?

Ans: Principals in the first degree are the main perpetrators of a crime. Accessories before the fact are the individuals who assist in the preparation of the crime. They are neither physically nor constructively present when the crime is being committed.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Analysis Answer Location: Parties to a Crime Difficulty Level: Medium 3. What is the difference between accomplices and accessories?

Ans: Accomplices are individuals involved before and during a crime and accessories are involved in assisting an offender following the crime.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Analysis Answer Location: Parties to a Crime Difficulty Level: Medium 4. What is the mere presence rule and why do we have this rule?

Ans: The mere presence rule provides that being present and watching the commission of a crime is not sufficient to satisfy the actus reus requirement of accomplice liability.

This rule exists to prevent an otherwise innocent individual from criminal liability.

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Analysis Answer Location: Actus Reus of Accomplice Liability Difficulty Level: Medium 5. What is the difference between accomplice liability and vicarious liability?

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Ans: The difference between accomplice liability and vicarious liability lies in the involvement of the perpetrator. Individuals subjected under accomplice liability are those who assist, either materially or psychologically, the commission of a crime. Under the common law, there are four types: principals in the first degree, principals in the second degree, accessories before the fact, and accessories after the fact. Vicarious liability, on the other hand, attaches liability to an individual because of criminal acts committed by another. For instance, employers who benefit from the criminal acts of their employees will be liable under vicarious liability. Students may further discuss the details of accomplice liability and vicarious liability. They may provide examples from the text to supplement their discussion.

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Analysis Answer Location: Vicarious Liability Difficulty Level: Medium 6. What is derivative liability?

Ans: Derivative liability presumes that individuals who assist in the crime implicitly consented to be bound by the conduct of the principal(s) and an accessory’s guilt flows from the acts of the primary perpetrator of the crime.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Application Answer Location: Parties to a Crime Difficulty Level: Easy 7. What are the elements of accessory after the fact?

Ans: There are four elements: (1) commission of a felony, (2) knowledge that the individual whom he or she is assisting has committed a felony, (3) affirmative steps to hinder the felon’s arrest, and (4) the criminal intent to provide assistance with the intent or purpose of hindering the detection, apprehension, prosecution, conviction, or punishment of the individual receiving assistance.

Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Application Answer Location: The Elements of Accessory After the Fact Difficulty Level: Easy 8. Why do we have vicarious liability laws?

Ans: The main purpose of vicarious liability laws is to protect the public. When it comes to corporations, vicarious liability encourages employers to closely monitor the conducts of their employees to prevent potential dangers. Parents are also responsible for the criminal acts of their children because it is presumed that parents should discipline their

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

children. Students may further discuss the reach of vicarious liability by providing other examples from the text.

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Analysis Answer Location: Vicarious Liability Difficulty Level: Hard 9. Explain the difference between an accessory and an accomplice and why they punished differently?

Ans: The difference between accessories and accomplices is when an individual provided assistance. Accomplices are those individuals who assist before and during the commission of a crime. Accessories, on the other hand, assist after the commission of the crime in order to hinder the arrest, prosecution, and conviction of the perpetrator(s) of the crime. Accessories are charged with a lesser crime because their assistance did not come until after the commission of a crime. It is arguable that those who assist before and/or during a crime are more actively engaged so they are more blameworthy compared to an accessory.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Analysis Answer Location: Parties Difficulty Level: Hard 10. What are parental responsibility laws? What was the initial rationale for parental responsibility laws? Do you believe that it is constitutional to hold parents liable for the criminal acts of their children?

Ans: Parental responsibility laws state that parents are responsible for the criminal acts of their children.

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Analysis Answer Location: Criminal Law and Public Policy Difficulty Level: Medium 11. What is the actus reus of accomplice liability?

Ans: The actus reus of accomplice liability is satisfied by any act that materially or psychologically assists the perpetrator of a crime. It is irrelevant whether the assistance was significant to the commission of a crime.

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Application

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Answer Location: Actus Reus of Accomplice Liability Difficulty Level: Easy 12. What is the mens rea of accomplice liability?

Ans: The mens rea of accomplice liability has dual intents: (1) the intent to assist the primary party and (2) the intent that the primary party commits the offense charged. An accomplice is subject to the natural and probable consequences of his or her act of assistance.

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Application Answer Location: Mens Rea of Accomplice Liability Difficulty Level: Easy

Essay 1. What is the difference between the principal in the first degree and an accessory before the fact? Provide an example of each.

Ans: Principals in the first degree are the main perpetrators of a crime. Accessories before the fact are the individuals who assist in the preparation of the crime. They are neither physically nor constructively present when the crime is being committed. In the case of a bank robbery, a principal in the first degree is the person who actually robs the bank. The accessory before the fact may be the person who purchases ski masks or other supplies needed to facilitate the robbery.

Learning Objective: 4-1: A gang member who drives the car in a drive-by killing may be criminally liable as an accessory to the murder although he or she neither possessed the intent to kill nor fired the fatal shot.

Cognitive Domain: Application Answer Location: Parties to a Crime Difficulty Level: Easy 2. What are the elements of accessory after the fact? Contrast the common law view and the modern view of the extent to which accessories after the fact should be punished relative to the actual perpetrator of a crime.

Ans: There are four elements of an accessory after the fact: (1) commission of a felony, (2) knowledge that the individual whom he or she is assisting has committed a felony, (3) affirmative steps to hinder the felon's arrest, and (4) the criminal intent to provide assistance with the intent or purpose of hindering the detection, apprehension, prosecution, conviction, or punishment of the individual receiving assistance. Under common law, accessories were charged with the same crime as the principals. The modern view is that because accessories after the fact are involved following the completion of a crime, they should not be treated as harshly as the actual perpetrator(s) or his or her accomplices.

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Learning Objective: 4-4: The natural and probable consequences doctrine provides that an accomplice is criminally liable for any and all crimes that are committed during the course of a crime in which he or she participated.

Cognitive Domain: Comprehension Answer Location: The Elements of Accessory After the Fact Difficulty Level: Medium 3. Discuss the purpose of vicarious liability laws.

Ans: The main purpose of vicarious liability laws is to protect the public. When it comes to corporations, vicarious liability encourages employers to closely monitor the conduct of their employees to prevent potential dangers. Parents are also responsible for the criminal acts of their children because it is presumed that parents should discipline their children. (Students may further discuss the reach of vicarious liability by providing other examples from the text.)

Learning Objective: 4-5: A bar owner under the doctrine of vicarious liability may be held criminally liable for the unlawful selling of alcohol to a juvenile although he or she did not know the sale occurred and did not intend for the bartender to sell alcohol to a juvenile.

Cognitive Domain: Comprehension Answer Location: Vicarious Liability Difficulty Level: Medium 4. Define the natural and probable consequences doctrine and discuss the rationale of courts that have rejected the doctrine.

Ans: The natural and probable consequences doctrine states that a person encouraging or facilitating the commission of a crime will be held liable as an accomplice for the crime he or she aided and abetted as well as for crimes that are the natural and probable outcome of the criminal conduct. Courts that have rejected the doctrine, a minority of them, have done so on the grounds that the doctrine is unfair as applied to an accessory who lacked the intent to commit the more serious offense.

Learning Objective: 4-3: Understand the natural and probable consequences doctrine.

Cognitive Domain: Comprehension Answer Location: Natural and Probable Consequences Doctrine Difficulty Level: Medium 5. What is the difference between an accomplice and an accessory? What is the rationale for holding an individual liable for the conduct of another?

Ans: An accomplice is involved before and during a crime, whereas an accessory is involved in assisting an offender following the crime. The law presumes that individuals who assist a perpetrator consent to be bound by the conduct of the principal and forfeit their personal liability. This concept is known as derivative liability.

Learning Objective: 4-2: A store owner who unlawfully sells a firearm to a known gang member is criminally liable for a murder committed by the gang member using the firearm despite the fact that the store owner did not know about the planned homicide or intend for the gang member to commit the murder.

Cognitive Domain: Comprehension Answer Location: Parties to a Crime

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Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Chapter 5: Attempt, Solicitation, and Conspiracy Test Bank Multiple Choice 1. The form of attempt that arises where the perpetrator makes a mistake, such as aiming and firing the gun only to realize that it is not loaded, is called ______.

A. incomplete attempt B. complete attempt C. impossible attempt D. potential attempt Ans: C Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension Answer Location: Attempt Difficulty Level: Easy 2. Under the following Model Penal Code approach, an act must be a clear step toward the commission of a crime in order to constitute an attempt ______.

A. physical proximity B. attempt progression C. step proximity D. substantial step Ans: D Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension Answer Location: Actus Reus of Attempt Difficulty Level: Easy 3. Jake and Jill form an agreement to commit an armed robbery. As a result, they have committed the crime of ______.

A. conspiracy B. armed robbery C. solicitation D. attempt Ans: A Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension Answer Location: Conspiracy Difficulty Level: Easy

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4. Ginger and Phil plotted to carjack a motorist and steal the person’s car. They obtained guns and ski masks and selected an isolated location to carry out their plot.

Additionally, they asked Sarah to take them to the bank and wait for them. They did not inform Sarah that they would be robbing a bank while there. On the day of the robbery, Ginger and Phil completed the robbery and ran out of the bank toward Sarah’s car.

However, the police responded before Sarah could drive away and arrested all three individuals. Which of the following is true?

A. By agreeing to transport Ginger and Phil to and from the bank, Sarah committed the crime of conspiracy.

B. By agreeing to transport Ginger and Phil to and from the bank, Sarah committed the crime of solicitation.

C. Under the Model Penal Code, Ginger and Phil are not guilty of solicitation.

D. Under the Model Penal Code, Ginger and Phil are guilty of solicitation.

Ans: D Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Application Answer Location: Model Penal Code: Criminal Solicitation Difficulty Level: Hard 5. Richard and Robert were convicted of bribery of a public official and the conspiracy to bribe the public official. Which of the following is true?

A. The convictions violated the Pinkerton doctrine.

B. The convictions violated Wharton’s rule.

C. The convictions violated the Gebardi rule.

D. Richard and Robert’s convictions were proper.

Ans: B Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Application Answer Location: Conspiracy | Criminal Objectives Difficulty Level: Medium 6. Which of the following terms is based on the requirement that both parties to a conspiracy intentionally enter an agreement to commit the crime that is the objective of the conspiracy?

A. bilateral requirement B. unilateral requirement C. proximity requirement D. two-party requirement Ans: A Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Conspiracy | Parties

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Difficulty Level: Easy 7. Which of the following is a conspiracy that involves a single person or a group that serves as a hub connecting various independent individuals or groups?

A. joint conspiracy B. chain conspiracy C. hierarchical conspiracy D. wheel conspiracy Ans: D Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge Answer Location: The Structure of Conspiracies Difficulty Level: Easy 8. Several individuals entered into an agreement to import, sell, and distribute illegal contraband. The various individuals were assigned different tasks in furtherance of their goals. After an extensive sting operation, the individuals were arrested and charged with conspiracy. Which of the following terms describes this conspiracy?

A. group conspiracy B. joint conspiracy C. chain conspiracy D. wheel conspiracy Ans: C Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension Answer Location: The Structure of Conspiracies Difficulty Level: Easy 9. A specific intent that another individual commit a crime is the mens rea of which of the following?

A. renunciation B. attempt C. conspiracy D. solicitation Ans: D Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Knowledge Answer Location: Solicitation Difficulty Level: Easy 10. Punishment for which of the following crimes has raised concerns about infringement upon an individual’s First Amendment rights?

A. conspiracy

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B. solicitation C. attempt D. RICO violation Ans: B Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Knowledge Answer Location: Solicitation | Public Policy Difficulty Level: Easy 11. A(n) ______ but imperfect attempt occurs when an individual take every act required to commit a crime and yet fails to succeed.

A. incomplete B. complete C. impossible D. possible Ans: B Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Attempt Difficulty Level: Easy 12. A(n) ______ attempt occurs when an individual abandons or is prevented from the crime due to the arrival of the police or as a result of some other event outside his or her control.

A. incomplete B. complete C. impossible D. possible Ans: A Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Attempt Difficulty Level: Easy 13. ______ attempt arises where the perpetrator makes a mistake, such as aiming and firing the gun only to realize that it is not loaded.

A. Incomplete B. Complete C. Impossible D. Possible Ans: C Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

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Cognitive Domain: Knowledge Answer Location: Attempt Difficulty Level: Easy 14. Which of the following is not a reason to punish an act that does not result in a crime?

A. retribution B. deterrence C. utilitarian D. incapacitation Ans: B Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Application Answer Location: Public Policy and Attempt Difficulty Level: Medium 15. Which of the following is not an element of criminal attempt?

A. an intent or purpose to commit a crime B. an act or acts toward the commission of a crime C. a failure to commit the crime D. an accessory accomplice to help commit the crime Ans: D Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Application Answer Location: The Elements of Criminal Attempt Difficulty Level: Medium 16. The ______ is the legal test of attempt that requires an act that comes extremely close to the commission of the crime.

A. objective approach B. preparation C. subjective approach D. equivocality approach Ans: A Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Actus Reus of Attempt Difficulty Level: Easy 17. ______ is the planning and purchasing of the materials to commit a crime.

A. Objective approach B. Preparation C. Subjective approach

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D. Equivocality approach Ans: B Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Actus Reus of Attempt Difficulty Level: Easy 18. The ______ test follows an objective approach and provides that an attempt occurs when an act is “very near” the completion of a crime.

A. physical proximity B. substantial step C. threat provocation D. last step Ans: A Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: The Physical Proximity and Substantial Step Tests Difficulty Level: Easy 19. ______ arises when an individual mistakenly believes that he or she is acting illegally.

A. Legal impossibility B. Factual impossibility C. Inherent impossibility D. Principle of legality Ans: A Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Impossibility Difficulty Level: Easy 20. ______ prohibits punishing an individual for a crime that is the product of his or her imagination.

A. Legal impossibility B. Factual impossibility C. Inherent impossibility D. Principle of legality Ans: D Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Impossibility Difficulty Level: Easy

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21. ______ occurs in those rare situations in which a defendant could not possibly achieve the desired result.

A. Legal impossibility B. Factual impossibility C. Inherent impossibility D. Principle of legality Ans: C Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Impossibility Difficulty Level: Easy 22. The crime of ______ is comprised of an agreement between two or more persons to commit a criminal act.

A. solicitation B. attempt C. conspiracy D. intervention Ans: C Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge Answer Location: Conspiracy Difficulty Level: Easy 23. The joint or ______ conception of conspiracy means that a charge of conspiracy against one conspirator will fail in the event that the other party to the conspiracy lacked the required mens rea.

A. plurality B. bilateral C. unilateral D. chain Ans: B Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge Answer Location: Parties Difficulty Level: Easy 24. To satisfy the actus reus of conspiracy, most states require ______.

A. an agreement B. planning C. an overt act D. completion of the offense

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Ans: C Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.Cognitive Domain: Knowledge Answer Location: Overt Act Difficulty Level: Easy 25. ______ is defined as commanding, hiring, or encouraging another person to commit a crime.

A. Solicitation B. Attempt C. Conspiracy D. Intervention Ans: A Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Knowledge Answer Location: Solicitation Difficulty Level: Easy 26. ______ proves that an agreement by two persons to commit a crime requires that the voluntary and cooperative action of two persons cannot constitute a conspiracy.

A. Gebardi rule B. Pinkerton rule C. RICO D. Wharton’s rule Ans: D Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge Answer Location: Criminal Objectives Difficulty Level: Easy 27. A form of conspiracy that involves communications and cooperation by vertically connected individuals to achieve a criminal objective is a ______.

A. joint conspiracy B. chain conspiracy C. hierarchical conspiracy D. circle conspiracy Ans: B Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension Answer Location: The Structure of Conspiracies Difficulty Level: Easy

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28. ______ holds defendants responsible for all acts of racketeering undertaken as part of a criminal enterprise.

A. Gebardi rule B. Pinkerton rule C. RICO D. Wharton’s rule Ans: C Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge Answer Location: Conspiracy Prosecution Difficulty Level: Easy 29. A form of conspiracy that involves single person or a group that serves as a hub connecting various, independent individuals or groups is a ______.

A. joint conspiracy B. chain conspiracy C. hierarchical conspiracy D. circle conspiracy Ans: D Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension Answer Location: The Structure of Conspiracies Difficulty Level: Easy 30. A form of conspiracy that typically arises on cases of narcotic or contraband distribution is a ______.

A. joint conspiracy B. chain conspiracy C. hierarchical conspiracy D. circle conspiracy Ans: B Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension Answer Location: The Structure of Conspiracies Difficulty Level: Easy 31. Which of the following terms is not associated with the Model Penal Code’s substantial step test?

A. lying B. surveying C. soliciting D. lawful Ans: D

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Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Application Answer Location: Impossibility Difficulty Level: Medium 32. Which case brought awareness to the crime of solicitation when a man solicited a servant to steal his master’s goods?

A. Rex et al. v. Candice B. People v. Higgins C. United States v. Carolina D. Rex v. Higgins Ans: D Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Comprehension Answer Location: Solicitation Difficulty Level: Easy 33. The crime of solicitation is complete when ______.

A. the solicited individual carries out the criminal act B. the solicitor engages the individual to carry out the criminal act, whether the act is completed or not C. the deed is solidified in a written agreement D. the solicitor walks away before carrying out the act Ans: B Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Comprehension Answer Location: Solicitation Difficulty Level: Easy 34. Ronald fires a gun at a local rival. He misses the first time but fires several more times. Each subsequent time he misses and then finally his gun jams. This is an example of ______.

A. an incomplete attempt B. a complete attempt C. vicarious liability D. abandonment Ans: B Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Application Answer Location: Attempt Difficulty Level: Medium

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35. Why do several states choose to NOT recognize the defense of abandonment?

A. Because it violates freedom of expression.

B. Because the crime of attempt merges with the substantive crime.

C. Because the crime of attempt is complete and cannot be renounced.

D. Because the criminal act has not been completed and public policy demands no crime has been committed.

Ans: C Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension Answer Location: Abandonment Difficulty Level: Easy 36. A conviction for conspiracy requires that two or more persons intentionally enter into an agreement with the intent to achieve the crime that is the objective of the conspiracy is referred to as a(n) ______.

A. attempt B. bilateral conception C. plurality requirement Ans: C Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension Answer Location: Abandonment Difficulty Level: Easy 37. Which of the following is a reason solicitation remains a controversial crime?

A. There is a threat society.

B. Punishing an individual for solicitation interferes with freedom of speech.

C. There is no risk that individuals will be convicted based on a false accusation.

D. Punishment does not interfere with civil liberties.

Ans: B Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Application Answer Location: Solicitation Difficulty Level: Medium 38. A factual circumstance that prevents an individual from actually completing a criminal offense is referred to in some state statutes as ______.

A. inherent impossibility B. an extraneous factor C. attendant circumstance D. a contemporaneous factor Ans: B

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Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension Answer Location: Impossibility Difficulty Level: Easy 39. Crimes that declare that individuals can be convicted and punished for intent to commit a crime when accompanied by a significant step toward the commission of the offense are called ______.

A. incohate crimes B. accomplice crimes C. accessory crimes D. intent crimes Ans: A Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension Answer Location: Introduction Difficulty Level: Easy 40. Which of the following is not components of the actus reus of conspiracy?

A. entering into an agreement B. to commit a crime C. an overt act in furtherance of the agreement D. the completion of a criminal act Ans: D Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension Answer Location: Actus Reus Difficulty Level: Easy

True/False 1. The Model Penal Code recognizes the defense of abandonment where an individual completely and voluntarily renounced his or her criminal purpose.

Ans: T Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Abandonment Difficulty Level: Easy 2. The mens rea of conspiracy is the intent to achieve the object of the agreement.

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Ans: T Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge Answer Location: Conspiracy | Overt Act Difficulty Level: Easy 3. Under the common law, the act of conspiracy requires an overt act in addition to an agreement between two or more persons to commit a criminal act.

Ans: F Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge Answer Location: Conspiracy Difficulty Level: Easy 4. The Model Penal Code states that to constitute an attempt, an act must be a clear step toward the commission of a crime.

Ans: T Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Actus Reus of Attempt Difficulty Level: Easy 5. A factual impossibility is a defense to an attempt to commit a crime.

Ans: F Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Impossibility Difficulty Level: Easy 6. Ann and Sue entered into a conspiracy to commit murder. At trial, Sue was found not guilty by reason of insanity. As a result, under the Model Penal Code, Ann should also be acquitted of conspiracy.

Ans: F Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Application Answer Location: Conspiracy | Parties Difficulty Level: Medium 7. Walt planned to go on a crime spree breaking into cars late at night. In furtherance of his plan, he bought a crowbar to break into the cars and dark clothes to wear. The day of his planned crime spree, Walt had a change of heart and decided not to break into

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any cars. He also returned the items he purchased. As a result, Walt has a legitimate defense to a charge of attempted burglary.

Ans: T Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension Answer Location: Abandonment Difficulty Level: Easy 8. One difference between various states’ statutes on conspiracy is whether an overt act is required to carry out the conspiracy.

Ans: T Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension Answer Location: Conspiracy Difficulty Level: Easy 9. The Model Penal Code incorporates the Gebardi rule.

Ans: T Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension Answer Location: Model Penal Code Diagram: Analysis Difficulty Level: Medium 10. The doctrine of inherent impossibility prohibits punishing an individual for a crime that does not exist.

Ans: F Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Impossibility Difficulty Level: Easy 11. A mistake concerning the law is a defense.

Ans: T Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension Answer Location: Impossibility Difficulty Level: Easy 12. Inherent impossibility occurs when a defendant cannot possibly achieve the desired result.

Ans: T

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Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension Answer Location: Impossibility Difficulty Level: Easy 13. Abandonment is a defense to attempt where an individual freely and voluntary undergoes a change of heart and abandons the criminal activity.

Ans: T Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Abandonment Difficulty Level: Easy 14. The crime of conspiracy is comprised of a single person planning to commit a criminal act.

Ans: F Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge Answer Location: Conspiracy Difficulty Level: Easy 15. The plurality conception of conspiracy means that a charge of conspiracy against one conspirator will fail in the event that the other party to the conspiracy lacked the required mens rea.

Ans: F Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Comprehension Answer Location: Parties Difficulty Level: Easy 16. Modern statutes generally limit the criminal objectives of conspiracy to intent to commit the crime.

Ans: F Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge Answer Location: Criminal Objectives Difficulty Level: Easy 17. Solicitation is defined as an agreement between two or more persons to commit a criminal act.

Ans: F

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Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Knowledge Answer Location: Solicitation Difficulty Level: Easy 18. There are two types of attempts: complete attempt and incomplete attempt.

Ans: T Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Attempt Difficulty Level: Easy 19. The objective approach to criminal attempt requires an act that does not come close to the commission of the crime.

Ans: F Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: Actus Reus of Attempt Difficulty Level: EasR 20. There are two major legal tests for the actus reus of attempt.

Ans: F Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Knowledge Answer Location: The Physical Proximity and Substantial Step Tests Difficulty Level: Easy

Short Answer 1. What is the difference between a complete attempt and incomplete attempt?

Ans: A complete, but imperfect, attempt occurs when an individual takes every act required to commit a crime and yet fails to succeed. An incomplete attempt occurs when an individual makes a mistake.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Analysis Answer Location: Attempt Difficulty Level: Medium 2. What are the three elements of attempt?

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Ans: (1) An intent or purpose to commit a crime, (2) an act or acts toward the commission of the crime, and (3) a failure to complete the crime.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Application Answer Location: The Elements of Criminal Attempt Difficulty Level: Easy 3. What is the difference between the subjective approach and the objective approach to attempt?

Ans: The subjective approach to criminal attempt focuses on the intent of the perpetrator while the objective approach focuses on whether or not a perpetrator’s act came extremely close to the commission of the crime.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Analysis Answer Location: Actus Reus of Attempt Difficulty Level: Medium 4. What is the difference between factual impossibility and legal impossibility?

Ans: Factual impossibility occurs when a defendant possesses a criminal intent, but the criminal act was prevented because of an extraneous factor. Factual impossibility is not recognized by the Model Penal Code and is not a valid defense. Legal impossibility, on the other hand, is an affirmative defense. It occurs when an individual mistakenly believes that he or she is acting illegally.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Analysis Answer Location: Impossibility Difficulty Level: Medium 5. When can abandonment be used as a defense?

Ans: Abandonment can be used as a defense only when renunciation of a criminal act is completely voluntary. If the renunciation is influenced by an extraneous factor, such as the weather or the fear of being apprehended by law enforcement, abandonment cannot be used as a defense.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Application Answer Location: Abandonment Difficulty Level: Medium 6. What is the difference between conspiracy and solicitation?

Ans: Conspiracy is an agreement between two or more persons to commit a criminal act. Solicitation is the commanding, hiring, or encouraging another person to commit a crime.

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Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Analysis Answer Location: Solicitation Difficulty Level: Medium 7. What are the actus reus and mens rea of conspiracy?

Ans: The actus reus of conspiracy requires an act of entering into an agreement to commit a crime. Under some modern statutes, it is satisfied by even an insignificant act that is far removed from the commission of a crime. There are two standards to the mens rea of conspiracy. The knowledge standard requires that a conspirator be aware of the illegal activity that another is engaging in. The purpose standard requires that a conspirator must possess the intent to actually further the illegal activity.

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension Answer Location: Actus Reus | Mens Rea Difficulty Level: Easy 8. What is the rule of abandonment? Why does the law reward individuals who voluntarily abandon their attempt? Do you believe that the affirmative defense of abandonment is a good idea? Why or why not? Use examples from your readings to support your answer.

Ans: Abandonment is allowed as a defense only when abandonment was fully voluntary and not influenced by an extraneous factor. The law rewards individuals who voluntarily abandon their attempt because an involuntary abandonment is more morally blameworthy.

Learning Objective: Cognitive Domain: Analysis Answer Location: Abandonment Difficulty Level: Hard 9. What is the plurality requirement?

Ans: The plurality requirement states that two or more persons must intentionally enter into an agreement with the intent to achieve the crime that is the objective of the conspiracy.

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension Answer Location: Parties Difficulty Level: Easy 10. What is a wheel conspiracy? Provide an example illustrating the circle conspiracy.

Ans: The circle or wheel conspiracy involves a single person or group that serves as a hub, or common core, connecting various independent individuals or spokes. Kotteakos v. United States and State v. McLaughlin are examples of circle conspiracy.

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Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Application Answer Location: The Structure of Conspiracies Difficulty Level: Medium

Essay 1. Bob and George planned to rob a series of houses in a local neighborhood. In addition to casing the neighborhood, the men carefully planned which night they would burglarize each particular house, and they gathered tools specific to each burglary.

Additionally, they based their decisions of what house to burglarize on a given day on details they learned about the residents’ schedules. The night before the planned burglary of the Smiths’s house, Bob and George cased the house once more. The following evening, they went back to the house at 8 p.m., expecting that Smiths to be gone for the evening. To their surprise, the Smiths were at home. Law enforcement investigation later revealed that Bob and George were suspects in a series of home burglaries. Pursuant to a search warrant, the police seized the pair’s detailed plans, including the plans to burglarize the Smiths’ house. Bob and George were charged with multiple counts of burglary as well as the attempted burglary of the Smiths’ house. What legal concept is implicated by this scenario, and what is the likely outcome?

Ans: This scenario raises the issue of abandonment of an attempted crime and whether Bob and George should be found guilty of the attempted burglary of the Smiths’s home.

Because they had to abandon their plans to burglarize the home that night, they might argue that they are not guilty of attempt. However, the renunciation of their plans was not based on voluntary abandonment of the crime. In fact, had the Smiths been away as expected, Bob and George would have carried out their criminal plans. As stated in the text, abandonment “is a defense to attempt when an individual freely and voluntarily undergoes a change of heart and abandons the criminal activity.” As a result, Bob and George’s defense of abandonment should fail, and they should be found guilty of attempt.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Analysis Answer Location: Abandonment Difficulty Level: Medium 2. What are the three types of inchoate crimes? Define and provide an example of each type of inchoate crime.

Ans: Example answers will vary. There are three types of inchoate crimes: attempt, solicitation, and conspiracy. First, an attempt is an unsuccessful effort to commit a crime; for instance, a defendant who shoots a victim intending to kill the victim but fails to do so because the victim does not die is attempted murder. Second, solicitation is the commanding, hiring, or encouraging of another to commit a crime; for instance, if instead of shooting the victim, the defendant hires someone else to shoot the victim, the

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defendant commits the crime of solicitation. Third, a conspiracy occurs when two or more persons create an agreement to commit a criminal act. If the defendant and another person agree to kill the victim, the agreement constitutes a conspiracy. The applicable law will determine whether an agreement is sufficient to constitute conspiracy or if an overt act is required.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability. | 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes. | 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime..

Cognitive Domain: Analysis Answer Location: Attempt | Solicitation | Conspiracy Difficulty Level: Medium 3. Discuss the rationales for punishing the crime of solicitation.

Ans: There are multiple rationales for punishing solicitation. First, solicitation involves cooperation among criminals. Individuals typically encourage and support one another, which creates a strong likelihood that the crime will be committed. Second, solicitation creates a social danger, because an individual who is sufficiently motivated to enlist the efforts of a skilled professional criminal clearly poses a continuing social danger. Third, punishing the crime of solicitation allows for the intervention of the police before a crime is fully implemented. This is important because the police should not be placed in the position of having to wait for an offense to occur before arresting individuals intent on committing a crime.

Learning Objective: 5-2: The actus reus of a criminal attempt is identical in every respect to the actus reus of the completed crimes.

Cognitive Domain: Analysis Answer Location: Solicitation | Public Policy Difficulty Level: Medium 4. What is the difference between factual impossibility and legal impossibility?

Ans: Factual impossibility occurs when a defendant possesses a criminal intent but the criminal act was prevented because of an extraneous factor, which is an event outside of the defendant’s control. Factual impossibility is not recognized by the Model Penal Code and is not a valid defense to the crime of attempt. Legal impossibility, on the other hand, is an affirmative defense to the crime of attempt. Legal impossibility occurs when an individual mistakenly believes that he or she is acting illegally.

Learning Objective: 5-1: A criminal attempt under the common law may involve an intentional, negligent, or reckless intent or strict liability.

Cognitive Domain: Analysis Answer Location: Impossibility Difficulty Level: Medium 5. What are the actus reus and mens rea of conspiracy?

Ans: The actus reus of conspiracy requires an act of entering into an agreement to commit a crime. Under some modern statutes, it is satisfied by even an insignificant act

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that is far removed from the commission of a crime. There are two standards to the mens rea of conspiracy. The knowledge standard requires that a conspirator be aware of the illegal activity that another is engaging in. The purpose standard, which is a higher standard, requires that a conspirator must possess the intent to actually further the illegal activity.

Learning Objective: 5-3: Both factual impossibility and legal impossibility constitute a defense to an attempted crime.

Cognitive Domain: Comprehension Answer Location: Conspiracy | Actus Reus | Conspiracy | Mens Rea Difficulty Level: Easy

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Chapter 6: Criminal Defenses: Justifications and Excuses Test Bank Multiple Choice 1. Defenses to acts that deserve condemnation but the defendant is not held criminally responsible due to a personal disability such as infancy or insanity are called ______.

A. excuses B. defenses C. justifications D. necessities Ans: A Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.

Cognitive Domain: Knowledge Answer Location: Affirmative Defense Difficulty Level: Easy 2. Which of the following defenses recognizes that conduct that would otherwise be criminal is justified when undertaken to prevent a significant harm?

A. self-defense B. justifiable misconduct c. necessity D. all means defense Ans: C Learning Objective: 6-10: Individuals who recently immigrated to the United States will be successful in relying on the defense that although they broke American law, their criminal conduct was considered lawful in the country from which they immigrated.

Cognitive Domain: Knowledge Answer Location: Necessity Difficulty Level: Easy 3. ______ self-defense provides that while the defendant may not be acquitted of killing another individual, fairness dictates that he or she should only be found guilty of manslaughter.

A. Imperfect B. Incomplete C. Perfect D. Complete Ans: A Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.

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Cognitive Domain: Comprehension Answer Location: The Central Components of Self-Defense Difficulty Level: Easy 4. Defenses to otherwise criminal acts that society approves and encourages under the circumstances are known as ______.

A. excuses B. defenses C. justifications D. necessities Ans: C Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.

Cognitive Domain: Knowledge Answer Location: Affirmative Defenses Difficulty Level: Easy 5. Oliver was tried for murder and presented an insanity defense. The jury found Oliver not guilty by reason of insanity on the grounds that he possessed a mental disease that prevented him from curbing his conduct. Which of the following tests for insanity did the jury apply?

A. Model Penal Code standard B. irresistible impulse C. M’Naghten D. Durham product Ans: B Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: The Irresistible Impulse Test Difficulty Level: Easy 6. Which of the following is not an element of self-defense?

A. reasonable belief B. necessity C. proportionality D. retribution Ans: D Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.

Cognitive Domain: Comprehension Answer Location: The Central Components of Self-Defense Difficulty Level: Easy

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7. Under which of the following is law enforcement authorized to use deadly force against a suspect?

A. English rule for resistance to an unlawful arrest B. police force rule C. fleeing felon rule D. American rule for resistance to an unlawful arrest Ans: C Learning Objective: 6-8: Individuals younger than fourteen under the common law cannot be held criminally liable because of their status as juveniles.

Cognitive Domain: Knowledge Answer Location: Execution of Public Duties Difficulty Level: Easy 8. A defense claim that the defendant’s conduct was the result of an irresistible impulse that resulted from the defendant’s socially deprived childhood is consistent with which of the following defenses?

A. environmental defense B. urban survivor C. XYY chromosome D. rotten social background Ans: D Learning Objective: 6-12: Understand the “new defenses” and the arguments for recognizing “new defenses.”

Cognitive Domain: Comprehension Answer Location: Some New Defenses Difficulty Level: Hard 9. Jan was tried for murder and presented an insanity defense. The jury found Jan not guilty by reason of insanity on the grounds that her unlawful act was the product of mental disease or defect. Which of the following tests for insanity did the jury apply?

A. Model Penal Code standard B. irresistible impulse C. M’Naghten D. Durham product Ans: D Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: The Durham Product Test Difficulty Level: Easy 10. Under which of the following circumstances is consent not a defense?

A. when the victim forgives the perpetrator after a crime B. bumping into someone while dancing at a nightclub C. surgical procedure authorized by the patient D. ordinary physical contact during a football game

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Ans: A Learning Objective: 6-11: Know the three situations in which the law recognizes consent as a defense to criminal conduct.

Cognitive Domain: Application Answer Location: Consent Difficulty Level: Medium 11. The American legal system is based on which of the following?

A. criminal law B. civil law C. the presumption of innocence D. an adversarial process Ans: C Learning Objective: 6-1: An individual who reasonably believes that another individual presents a future threat of serious physical harm to him or her would be successful in most states in relying on self-defense.

Cognitive Domain: Comprehension Answer Location: The Prosecutor’s Burden Difficulty Level: Easy 12. Timothy is the defendant in a criminal trial. He has been charged with the murder of his brother, which occurred last Saturday night at 10:05 p.m. He insists he just finished his shift at subway at 10:00 p.m. and could not have possibly been at the scene of the crime in 5 min because it was nearly a 20-min drive from his place of work. This statement is an example of what?

A. rebuttal B. presumption of innocence C. an alibi D. an affirmative defense Ans: C Learning Objective: 6-1: An individual who reasonably believes that another individual presents a future threat of serious physical harm to him or her would be successful in most states in relying on self-defense.

Cognitive Domain: Application Answer Location: The Prosecutor’s Burden Difficulty Level: Medium 13. What is the order in which a criminal case proceeds?

A. cross-examination, rebuttal, and case-in-chief B. case-in-chief, rebuttal, cross-examination C. testimony, rebuttal, verdict D. case-in-chief, cross-examination, rebuttal Ans: D Learning Objective: 6-1: An individual who reasonably believes that another individual presents a future threat of serious physical harm to him or her would be successful in most states in relying on self-defense.

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Cognitive Domain: Comprehension Answer Location: The Prosecutor’s Burden Difficulty Level: Easy 14. What must the prosecution establish in a criminal trial in order to obtain a conviction?

A. a majority of the elements of the crime charged beyond a preponderance of the evidence B. every element of the crime charged beyond guilt C. every element of the crime charged beyond a reasonable doubt D. a majority of the elements of the crime charged beyond a reasonable doubt Ans: C Learning Objective: 6-1: An individual who reasonably believes that another individual presents a future threat of serious physical harm to him or her would be successful in most states in relying on self-defense.

Cognitive Domain: Comprehension Answer Location: The Prosecutor’s Burden Difficulty Level: Easy 15. ______ defenses are defenses in which the defendant typically possesses the burden of production as well as the burden of persuasion.

A. Affirmative B. Positive C. Burden D. Optimal Ans: A Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.

Cognitive Domain: Knowledge Answer Location: Affirmative Defenses Difficulty Level: Easy 16. ______ are otherwise criminal acts that society approves and encourages under the circumstances.

A. Excuses B. Defenses C. Justifications D. Necessities Ans: C Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.

Cognitive Domain: Knowledge Answer Location: Affirmative Defenses Difficulty Level: Easy

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17. Which of the following acts deserve condemnation but the defendant is not held criminally liable?

A. excuses B. defense C. justifications D. necessities Ans: A Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.

Cognitive Domain: Knowledge Answer Location: Affirmative Defenses Difficulty Level: Easy 18. A defendant who establishes a ______ defense is able to satisfy each and every element of a justification defense and is acquitted.

A. perfect B. beyond a reasonable doubt C. complete D. mitigating Ans: A Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.

Cognitive Domain: Knowledge Answer Location: Affirmative Defenses Difficulty Level: Easy 19. With regard to entrapment, the ______ test focuses on the conduct of the government rather than the character of the defendant.

A. objective B. Durham C. subjective D. Model Penal Code Ans: A Learning Objective: 6-8: Individuals younger than fourteen under the common law cannot be held criminally liable because of their status as juveniles.

Cognitive Domain: Comprehension Answer Location: The Objective Test Difficulty Level: Easy 20. Defendants who rely on the ______ defense typically are required to provide notice to the prosecution; then the defendant is subject to an examination.

A. necessity B. duress

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C. insanity D. cultural Ans: C Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Knowledge Answer Location: The Insanity Defense Difficulty Level: Easy 21. Which of the following statements is not true regarding civil commitment?

A. The period of civil commitment is limited to the length of the criminal sentence for which a defendant was convicted.

B. In most states, after a finding of NGRI a separate civil commitment hearing is conducted.

C. The purpose of the civil commitment hearing is to determine if the defendant poses a danger.

D. If the defendant poses a danger, he will be interned in a mental institution.

Ans: A Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: The Insanity Defense Difficulty Level: Easy 22. The most common mental disorder or defect that results in legal insanity under the ______ test for insanity is psychosis.

A. irresistible impulse B. Model Penal Code standard C. M’Naghten D. Durham product Ans: C Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Knowledge Answer Location: The Right–Wrong Test Difficulty Level: Easy 23. The ______ test provided that an accused is “not criminally responsible if his unlawful act was the product of mental disease or defect.”

A. irresistible impulse B. Model Penal Code standard C. M’Naghten D. Durham product Ans: D Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

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Cognitive Domain: Knowledge Answer Location: The Durham Product Test Difficulty Level: Easy 24. The ______ provides that a person is not responsible for criminal conduct if at the time of such conduct, as a result of mental disease or defect, he lacks the substantial capacity to either appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.

A. irresistible impulse B. Model Penal Code standard C. M’Naghten D. Durham product Ans: B Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Knowledge Answer Location: The Substantial Capacity Test Difficulty Level: Easy 25. ______ merely recognizes that an individual has the right to demonstrate that he or she is incapable of forming the intent for the offense committed.

A. Insanity B. Competency C. Diminished capacity D. Diminished competency Ans: C Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: Diminished Capacity Difficulty Level: Easy 26. The contemporary trend is that ______ is not a defense for any criminal act or requisite state of mind.

A. voluntary intoxication B. involuntary intoxication C. sleep deprivation D. drug overdose Ans: A Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: Voluntary Intoxication Difficulty Level: Easy

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27. ______ is a defense to any and all criminal offenses in those instances that a defendant’s state of mind satisfies the standard for the insanity defense in the state.

A. Voluntary intoxication B. Involuntary intoxication C. Sleep deprivation D. Drug overdose Ans: B Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: Involuntary Intoxication Difficulty Level: Easy 28. Which of the following is not a way in which voluntary intoxication can occur?

A. duress B. mistake C. fraud D. ignorance Ans: D Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Application Answer Location: Voluntary Intoxication Difficulty Level: Medium 29. An underage defendant may use the juvenile defense on the grounds that he or she is too young to ______.

A. understand what he or she is doing B. understand the legal process C. form the required intent D. physically commit the crime Ans: C Learning Objective: 6-4: The defense of necessity allows an individual who is drowning to take the life of another person to save his or her own life.

Cognitive Domain: Comprehension Answer Location: Age Difficulty Level: Easy 30. What is the purpose of juvenile court?

A. treatment and adjudication of moral responsibility B. adjudication of moral responsibility and punishment C. treatment and rehabilitation D. rehabilitation and punishment Ans: C Learning Objective: 6-4: The defense of necessity allows an individual who is drowning to take the life of another person to save his or her own life.

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Cognitive Domain: Comprehension Answer Location: Age Difficulty Level: Easy 31. What generally limited the privilege of intervention in defense of others to the protection of spouses, family, employees, and employers?

A. judicial rule B. the modern statutory scheme C. the common law D. the U.S. Constitution Ans: C Learning Objective: 6-6: An individual who is found not guilty of a crime by reasons of insanity is not sentenced to prison and is released on the condition that he or she will seek psychiatric treatment.

Cognitive Domain: Comprehension Answer Location: Defense of Others Difficulty Level: Easy 32. When are the common law presumptions of infancy applicable to proceedings in juvenile court?

A. always B. when the individual is under 14 C. never D. when the individual is under 18 Ans: C Learning Objective: 6-4: The defense of necessity allows an individual who is drowning to take the life of another person to save his or her own life.

Cognitive Domain: Comprehension Answer Location: Age Difficulty Level: Easy 33. When individuals are confronted with the unhappy choice between committing a crime and experiencing a harmful event, it is called ______.

A. consent B. choice of evils C. utilitarian decision D. politicization of the law Ans: B Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.

Cognitive Domain: Knowledge Answer Location: Necessity Difficulty Level: Easy 34. The ______ defense excuses an individual from guilt who commits a crime to avoid a threat of imminent bodily harm.

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A. necessity B. duress C. insanity D. intoxication Ans: B Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.

Cognitive Domain: Knowledge Answer Location: Duress Difficulty Level: Easy 35. Which is a false statement?

A. In order to utilize the defense of duress, an individual must have exhausted all reasonable and available alternatives to violating the law.

B. In order to utilize the defense of duress, an individual need not exhaust all reasonable and available alternatives to violating the law.

C. Duress may not excuse the intentional taking of the life of another.

D. Duress does not excuse the intentional taking of the life of another.

Ans: B Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.

Cognitive Domain: Comprehension Answer Location: Duress Difficulty Level: Easy 36. The principle of necessity dictates that every alternative should be exhausted before an individual resort to deadly force and that an individual should be required to ______.

A. stand his or her ground B. withdraw C. retreat to the wall D. reach a settlement Ans: C Learning Objective: 6-10: Individuals who recently immigrated to the United States will be successful in relying on the defense that although they broke American law, their criminal conduct was considered lawful in the country from which they immigrated.

Cognitive Domain: Comprehension Answer Location: Retreat Difficulty Level: Easy 37. An aggressor employing nondeadly force must clearly abandon the struggle and ______ in order to gain the right to self-defense.

A. stand his or her ground B. withdraw C. retreat to the wall D. reach a settlement Ans: B

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Learning Objective: 6-10: Individuals who recently immigrated to the United States will be successful in relying on the defense that although they broke American law, their criminal conduct was considered lawful in the country from which they immigrated.

Cognitive Domain: Comprehension Answer Location: Retreat Difficulty Level: Easy 38. The ______ provides that an individual inside the home is justified in holding his or her ground.

A. make my day doctrine B. dwelling doctrine C. tactical doctrine D. castle doctrine Ans: D Learning Objective: 6-7: Alcohol or narcotics intoxication never constitutes a criminal defense.

Cognitive Domain: Knowledge Answer Location: Retreat Difficulty Level: Easy 39. What is the difference between the alter ego rule and the objective test for intervention in defense of others?

A. The objective test has been abandoned in favor of the more modern alter ego rule.

B. The alter ego rule allows for the reasonable mistake of fact.

C. The objective test allows for the reasonable mistake of fact.

D. The alter ego rule only applied to those acting during the execution of public duties.

Ans: C Learning Objective: 6-6: An individual who is found not guilty of a crime by reasons of insanity is not sentenced to prison and is released on the condition that he or she will seek psychiatric treatment.

Cognitive Domain: Comprehension Answer Location: Defense of Others Difficulty Level: Easy 40. Which of the following is not a reason used to justify a limitation on the use of deadly force to apprehend suspects?

A. Shooting suspects may lead to community alienation and anger.

B. Bystanders may be harmed by stray bullets.

C. Substantial monetary damages may be imposed in civil suits for the wrongful use of deadly force.

D. Police officers will gain attention as heroes.

Ans: D Learning Objective: 6-8: Individuals younger than fourteen under the common law cannot be held criminally liable because of their status as juveniles.

Cognitive Domain: Comprehension Answer Location: Execution of Public Duties

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Difficulty Level: Easy

True/False 1. Requiring the state to prove every element of a crime beyond a reasonable doubt is consistent with the presumption of innocence.

Ans: T Learning Objective: 6-1: An individual who reasonably believes that another individual presents a future threat of serious physical harm to him or her would be successful in most states in relying on self-defense.

Cognitive Domain: Comprehension Answer Location: The Prosecutor’s Burden Difficulty Level: Medium 2. The validity of a self-defense claim is based on the subjective beliefs of the person employing self-defense.

Ans: F Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.

Cognitive Domain: Comprehension Answer Location: The Central Components of Self-Defense Difficulty Level: Easy 3. By the 17th century, the common law recognized that a juvenile’s capacity to commit a crime was based on the juvenile’s actual age.

Ans: T Learning Objective: 6-4: The defense of necessity allows an individual who is drowning to take the life of another person to save his or her own life.

Cognitive Domain: Comprehension Answer Location: Age Difficulty Level: Easy 4. If a police officer uses unnecessary and unlawful force against an individual while executing an arrest, the individual may not use self-defense and is expected to seek civil or criminal remedies instead.

Ans: F Learning Objective: 6-8: Individuals younger than fourteen under the common law cannot be held criminally liable because of their status as juveniles.

Cognitive Domain: Knowledge Answer Location: Resisting Unlawful Arrests Difficulty Level: Medium 5. A successful diminished capacity defense results in a complete acquittal of the charged offense and any lesser included offenses.

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Ans: F Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: Diminished Capacity Difficulty Level: Medium 6. Under normal circumstances, an aggressor is entitled to claim self-defense.

Ans: F Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.

Cognitive Domain: Comprehension Answer Location: The Central Components of Self-Defense Difficulty Level: Easy 7. Under Florida’s Castle Doctrine, a person who is not engaged in an unlawful activity and who is in a place where he or she has a right to be has no duty to retreat and may use deadly force if necessary to prevent death or great bodily harm.

Ans: T Learning Objective: 6-7: Alcohol or narcotics intoxication never constitutes a criminal defense.

Cognitive Domain: Comprehension Answer Location: The Castle Doctrine in Florida Difficulty Level: Easy 8. The alter ego rule applies an objective test of reasonableness to an act carried out in defense of another person.

Ans: F Learning Objective: 6-6: An individual who is found not guilty of a crime by reasons of insanity is not sentenced to prison and is released on the condition that he or she will seek psychiatric treatment.

Cognitive Domain: Knowledge Answer Location: Defense of Others Difficulty Level: Easy 9. Under the English rule for resistance to an unlawful arrest, an individual may resist an unlawful arrest by using reasonable force.

Ans: T Learning Objective: 6-9: An individual who is able to demonstrate that he or she was paid a significant amount of money by a government informant to commit a crime will be successful in relying on the defense of entrapment based on this fact alone.

Cognitive Domain: Knowledge Answer Location: Resisting Unlawful Arrests Difficulty Level: Easy

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10. If a defendant is found incompetent to stand trial, this means that the defendant is also not guilty by reason of insanity.

Ans: F Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: The Insanity Defense Difficulty Level: Medium 11. A defense attorney is required to notify the prosecutor that the defendant will rely on the defense and provide the names of the witnesses who will testify.

Ans: T Learning Objective: 6-1: An individual who reasonably believes that another individual presents a future threat of serious physical harm to him or her would be successful in most states in relying on self-defense.

Cognitive Domain: Comprehension Answer Location: The Prosecutor’s Burden Difficulty Level: Easy 12. The recognition of otherwise criminal acts as justifiable constitutes a morally significant statement concerning our social values.

Ans: T Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.

Cognitive Domain: Comprehension Answer Location: Affirmative Defenses Difficulty Level: Easy 13. Moral interest was identified as a theory for the defense of justification.

Ans: T Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.

Cognitive Domain: Comprehension Answer Location: Affirmative Defenses Difficulty Level: Easy 14. Insanity is an excuse defense.

Ans: T Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: The Insanity Defense Difficulty Level: Easy

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15. Involuntary intoxication is not a defense to criminal offenses in those instances that the defendant’s state of mind satisfies the standard for insanity.

Ans: F Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: Involuntary Intoxication Difficulty Level: Easy 16. Insanity is not distinct from competence to stand trial.

Ans: T Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: The Insanity Defense Difficulty Level: Easy 17. As a response to the growing concern for the moral blameworthiness of acts committed by defendants found to be not guilty by reason of insanity, all 50 states have adopted a verdict of “guilty but mentally ill.”

Ans: F Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: The Future of the Insanity Defense Difficulty Level: Easy 18. M’Naghten is criticized for focusing on the mind and failing to consider emotions.

Ans: T Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Knowledge Answer Location: The Irresistible Impulse Test Difficulty Level: Easy 19. According to the irresistible impulse test, a defendant may be found legally insane even if he or she is able to tell right from wrong.

Ans: T Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest. | 9-1: List the four tests for legal insanity.

Cognitive Domain: Knowledge Answer Location: The Irresistible Impulse Test Difficulty Level: Easy 20. The Durham product test was formulated by the New Hampshire Supreme Court in State v. Norman in 1869.

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Ans: F Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Knowledge Answer Location: The Durham Product Test Difficulty Level: Easy

Short Answer 1. Give an example of an excuse.

Ans: Excuses include, but are not limited to, diminished capacity, age, duress, and insanity defense.

Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.

Cognitive Domain: Application Answer Location: Affirmative Defenses Difficulty Level: Medium 2. Give an example of a justification.

Ans: Justifications include, but are not limited to, self-defense and necessity.

Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.

Cognitive Domain: Application Answer Location: Affirmative Defenses Difficulty Level: Medium 3. What is an affirmative defense?

Ans: Affirmative defenses put the burden of proof and, in most cases, the burden of persuasion on the defendant.

Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.

Cognitive Domain: Comprehension Answer Location: Affirmative Defenses Difficulty Level: Easy 4. What is the Castle Doctrine?

Ans: The Castle Doctrine states that an individual need not retreat in the home.

Learning Objective: 6-7: Alcohol or narcotics intoxication never constitutes a criminal defense.

Cognitive Domain: Comprehension Answer Location: Defense of the Home

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Difficulty Level: Easy 5. What are the four tests for insanity?

Ans: (1) M’Naghten, (2) irresistible impulse, (3) Durham product, and (4) Model Penal Code standard.

Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: The Insanity Defense Difficulty Level: Easy 6. What is the difference between not guilty by reason of insanity and guilty but mentally ill?

Ans: Defendants found to be not guilty by reason of insanity are immediately committed to a mental institution until he or she is determined to be sane and no longer poses a threat to society. On the other hand, defendants found guilty but mentally ill determine that the defendant was mentally ill, but not legally insane, at the time of the commission of the crime. The defendant is incarcerated and is provided with psychiatric care while interned.

Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Analysis Answer Location: The Future of the Insanity Defense Difficulty Level: Medium 7. What is diminished capacity?

Ans: Diminished capacity permits the admission of psychiatric testimony to establish that a defendant suffers from a mental disturbance that diminishes the defendant’s capacity to form the required criminal intent.

Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: Diminished Capacity Difficulty Level: Easy 8. What is the difference between voluntary intoxication and involuntary intoxication?

Ans: Voluntary intoxication is generally not considered a defense while involuntary intoxication is.

Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Analysis Answer Location: Involuntary Intoxication Difficulty Level: Medium 9. What are the four ways in which involuntary intoxication can occur?

Ans: (1) Duress, (2) mistake, (3) fraud, and (4) medication.

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Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Application Answer Location: Involuntary Intoxication Difficulty Level: Medium 10. What is the necessity defense?

Ans: The necessity defense recognizes that conduct that would otherwise be criminal is justified when undertaken to prevent a significant harm.

Learning Objective: 6-5: An individual in most instances may not be held criminally liable if the “victim” consents to the crime.

Cognitive Domain: Comprehension Answer Location: Necessity Difficulty Level: Easy

Essay 1. Distinguish the affirmative defenses of “justifications” and “excuses.”

Ans: Justifications are defenses to otherwise criminal acts that, under the circumstances, are approved and encouraged by society. A justification results in an acquittal of the crime. Excuses are defenses where the defendant is morally blameworthy, but the defendant is not held liable because of a factor that the law deems appropriate, such as personal disability or threat of imminent harm. Excuses include defenses such as insanity, intoxication, age, duress, mistake of law, mistake of fact, and entrapment.

Learning Objective: 6-2: A police officer who identifies him- or herself as a law enforcement officer may use deadly force against any fleeing felon who disregards a police command to “halt” and continues his or her flight.

Cognitive Domain: Comprehension Answer Location: Affirmative Defenses Difficulty Level: Medium 2. Describe the verdict of “guilty but mentally ill” and discuss the implications of a finding that a defendant is “guilty but mentally ill.”

Ans: In states that have adopted a finding of “guilty but mentally ill,” a jury may find that while the defendant was not legally insane at the time of the crime, the defendant was mentally ill. With such a finding, the defendant is sentenced to a standard sentence of criminal confinement but receives treatment while incarcerated. “Guilty but mentally ill” is an alternative to a finding of legal insanity.

Learning Objective: 6-3: An individual under the law in every state may use physical force to resist an unlawful arrest.

Cognitive Domain: Comprehension Answer Location: The Future of the Insanity Defense Difficulty Level: Medium

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3. Discuss the three instances where consent is a defense to a crime. Provide an example of an instance where consent would not be a defense to a crime.

Ans: (1) Incidental contact--acts that do not cause serious injury or harm; (2) sporting events--ordinary physical contact or blows that are incidental to sports such as football, boxing, or wrestling; (3) socially beneficial activity--activities such as medical procedures and surgery. (Answers to the example will vary, such as where a doctor performs surgery that was not authorized by the patient or where the victim forgives the perpetrator.)

Learning Objective: 6-11: Know the three situations in which the law recognizes consent as a defense to criminal conduct.

Cognitive Domain: Comprehension Answer Location: Consent Difficulty Level: Easy 4. List and distinguish the three categories into which juveniles are categorized under the common law.

Ans: (1) Children younger than 7 lack a criminal capacity. There is an irrebuttable presumption that attaches to this group, which cannot be overcome by facts that might attempt to prove capacity. (2) Children older than 7 and younger than 14 were presumed to be without capacity to form a criminal intent, but this is a rebuttable presumption that can be overcome by the prosecution if it can demonstrate that the child knew what he or she was doing was wrong. (3) Children 14 and older possessed the criminal capacity as adults and may be prosecuted as adults rather than remain in the juvenile system. The law of each state sets forth the circumstances under which a juvenile may be prosecuted as an adult and varies from state to state.

Learning Objective: 6-4: The defense of necessity allows an individual who is drowning to take the life of another person to save his or her own life.

Cognitive Domain: Analysis Answer Location: Age Difficulty Level: Medium 5. List and describe the five new sociological defenses.

Ans: The five sociological defenses are (1) Black Rage--a defense of extreme racial stress precipitated by the destructive racial treatment of African Americans; (2) Urban Survivor--the contention that young people living in poor and violent urban areas do not receive adequate police protection and develop a heightened awareness and fear of threats; (3) Media Intoxication--criminal conduct is caused by “intoxication” from television and pornography; (4) Rotten Social Background--criminal conduct is a result of an irresistible impulse that resulted from a socially deprived childhood; and (5) Agent Orange/Post-Traumatic Stress Disorder (PTSD), which is based on the exposure to Agent Orange during war and the development of PTSD. Learning Objective: 6-12: Understand the “new defenses” and the arguments for recognizing “new defenses.”

Cognitive Domain: Knowledge Answer Location: New Defenses Difficulty Level: Easy

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Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Chapter 7: Homicide Test Bank Multiple Choice 1. ______ constitutes the most serious form of murder.

A. Voluntary manslaughter B. Second-degree murder C. First-degree murder D. Involuntary manslaughter Ans: C Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Knowledge Answer Location: First-Degree Murder Difficulty Level: Easy 2. After a jury trial, a jury found that Sam killed the victim as a result of deliberate perpetration of a knowingly dangerous act with reckless and wanton unconcern and indifference as to whether anyone is harmed or not. This type of homicide is known as ______.

A. voluntary manslaughter B. second-degree murder C. first-degree murder D. depraved heart murder Ans: D Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony.

Cognitive Domain: Comprehension Answer Location: Depraved Heart Murder Difficulty Level: Easy 3. In most states, killings committed with malice aforethought that are not specifically defined as first-degree murder are considered ______.

A. second-degree murder B. capital murder C. voluntary manslaughter D. felony murder Ans: A

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Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Comprehension Answer Location: Second-Degree Murder Difficulty Level: Easy 4. One night, Alvin entered a convenience store intending to rob it. When he entered, he shoved a gun in the store clerk’s face and demanded money. Unbeknownst to Alvin, the store clerk had a loaded gun under the cash register. At a moment when Alvin was distracted and looking out the window, the store clerk pulled the weapon and fired a gunshot in an attempt to scare Alvin. Unfortunately, the gunshot hit one of the customers in the store. Which of the following is true?

A. Alvin is likely guilty of the customer’s death under the agency theory of felony murder.

B. Alvin is likely guilty of depraved heart murder.

C. Alvin is likely guilty of voluntary manslaughter.

D. Alvin is likely guilty under the proximate cause theory of felony murder.

Ans: D Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Application Answer Location: Felony Murder Difficulty Level: Medium 5. In most states, a defendant can be held responsible for the murder of a fetus ______.

A. when the defendant knew that the woman carrying the fetus was pregnant B. when the fetus is viable C. at any time D. after the first trimester of pregnancy Ans: B Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Comprehension Answer Location: The Beginning of Human Life Difficulty Level: Easy 6. What element of first-degree murder demonstrates that an act was thought out before the murder was committed?

A. willfulness B. depravity C. deliberation D. premeditation Ans: D

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Learning Objective: 7-3: First-degree murder involves the intentional, deliberate, and premeditated killing of another. Premeditation according to a number of state courts can occur in an instant and does not require a period of reflection.

Cognitive Domain: Knowledge Answer Location: First-Degree Murder Difficulty Level: Easy 7. Which of the following theories holds defendants responsible for foreseeable deaths caused by the commission of a dangerous felony?

A. proximate cause theory B. reasonable effects theory C. agency theory D. likely outcomes theory Ans: A Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge Answer Location: Felony Murder Difficulty Level: Easy 8. Vic fired his gun several times into the window of a crowded store. Although he was not aiming at anyone, one of the bullets hit a customer. The customer died shortly thereafter. Vic’s conduct meets the test for what type of homicide?

A. first-degree murder B. second-degree murder C. voluntary manslaughter D. negligent manslaughter Ans: B Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Application Answer Location: Depraved Heart Murder Difficulty Level: Medium 9. Statutes punishing ______ typically punish killings that are committed with malice aforethought that are not premeditated, justified, or excused.

A. second-degree murder B. voluntary manslaughter C. involuntary manslaughter D. first-degree murder Ans: A

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Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Knowledge Answer Location: Second-Degree Murder Difficulty Level: Easy 10. Which of the following is not a basis for aggravated first-degree murder?

A. killing of multiple victims B. murder for hire C. killing committed during a misdemeanor D. killing to prevent a witness from testifying Ans: C Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension Answer Location: Capital and Aggravated First-Degree Murder Difficulty Level: Easy 11. ______ is defined as the intent to kill with ill will or hatred.

A. Malice aforethought B. Depraved heart C. Express malice D. Implied malice Ans: A Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Knowledge Answer Location: Types of Criminal Homicide Difficulty Level: Easy 12. ______ is a killing that is committed with extreme recklessness or negligence.

A. Malice aforethought B. Depraved heart murder C. First-degree murder D. Felony murder Ans: B Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Knowledge Answer Location: Types of Criminal Homicide Difficulty Level: 13. ______ exists in those cases that an individual possesses an intent to cause great bodily harm or the intent to commit an act that may be expected to lead to death or great bodily harm.

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A. Malice aforethought B. Felony murder C. Implied malice D. Criminal negligence Ans: C Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Knowledge Answer Location: Types of Criminal Homicide Difficulty Level: Easy 14. ______ includes all murders not involving premeditation and deliberation.

A. Voluntary manslaughter B. Second-degree murder C. First-degree murder D. Involuntary manslaughter Ans: B Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Knowledge Answer Location: Types of Criminal Homicide Difficulty Level: Easy 15. Which of the following is not a definition that satisfies the actus reus of criminal homicide?

A. causing the death of a person B. unlawful killing of a human being C. wishing for the death of another individual Ans: C Learning Objective: 7-2: The law of murder in every state protects fetuses at the point of conception.

Cognitive Domain: Application Answer Location: Actus Reus and Criminal Homicide Difficulty Level: Medium 16. Which of the following is not an act that satisfies the actus reus requirement of criminal homicide?

A. shooting B. choking C. poisoning D. beating Ans: D Learning Objective: 7-2: The law of murder in every state protects fetuses at the point of conception.

Cognitive Domain: Comprehension Answer Location: Actus Reus and Criminal Homicide

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Difficulty Level: Easy 17. Which forms of homicide involve strict liability?

A. felony murder and misdemeanor manslaughter B. misdemeanor manslaughter and depraved heart murder C. depraved heart murder and arson D. felony murder and rape Ans: A Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Comprehension Answer Location: Mens Rea and Criminal Homicide Difficulty Level: Easy 18. Which category of murder includes death resulting from an intent to cause serious bodily harm and depraved heart murder?

A. first-degree murder B. second-degree murder C. manslaughter D. misdemeanor manslaughter Ans: B Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Comprehension Answer Location: Types of Criminal Homicide Difficulty Level: Easy 19. Lack of a criminal history, substantially impaired mental capacity, duress, and consent of the victim are all examples of what?

A. mitigating factors B. practical considerations C. first-degree murder D. aggravating factors Ans: A Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension Answer Location: Capital and Aggravated First-Degree Murder Difficulty Level: Easy 20. A killing of a police officer, more than one victim, murder for hire, and killing during a prison escape are all examples of what?

A. mitigating factors B. practical considerations C. first-degree murder D. aggravating factors

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Ans: D Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension Answer Location: Capital and Aggravated First-Degree Murder Difficulty Level: Easy 21. Which of the following is the appropriate mathematical equation for determining whether an act satisfies the highly dangerous standard of depraved heart murder?

A. There is no mathematical formula.

B. Each state utilizes its own formula.

C. when three or more people are injured or have the potential to be injured by the activity in question and the action was deliberate D. when minors are involved and there is premeditation Ans: A Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony.

Cognitive Domain: Comprehension Answer Location: Depraved Heart Murder Difficulty Level: Easy 22. The biggest difference between first- and second-degree murder is which of the following?

A. First-degree murder requires malice.

B. Second-degree murder does not require malice.

C. First-degree murder requires premeditation and deliberation.

D. Second-degree murder requires premeditation and deliberation.

Ans: C Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Comprehension Answer Location: First-Degree Murder Difficulty Level: Easy 23. Russian roulette is an example of which type of murder?

A. felony murder B. voluntary manslaughter C. negligent manslaughter D. depraved heart murder Ans: D Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony.

Cognitive Domain: Comprehension

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Answer Location: Depraved Heart Murder Difficulty Level: Easy 24. Which of the following is not a reason for the felony murder rule?

A. deterrence B. resolution C. punishment D. prosecution Ans: B Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Application Answer Location: Felony Murder Difficulty Level: Medium 25. The ______ theory of felony murder limits criminal liability to acts of felons and cofelons.

A. limiting B. agency C. proximate cause D. accomplice Ans: B Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge Answer Location: Felony Murder Difficulty Level: Easy 26. The ______ theory of felony murder holds felons responsible for foreseeable deaths that are caused by the commission of a dangerous felony.

A. limiting B. agency C. proximate cause D. accomplice Ans: C Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge Answer Location: Felony Murder Difficulty Level: Easy

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27. Voluntary manslaughter requires that an individual kill in a sudden and intense ______ in response to a conduct that is sufficient to excite a reasonable person.

A. heat of passion B. rage C. anger D. jealousy Ans: A Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Knowledge Answer Location: Voluntary Manslaughter Difficulty Level: Easy 28. ______ is the killing of another that results from the grossly negligent operation of an automobile or from driving under the influence of intoxicants.

A. Vehicular felony B. Vehicular manslaughter C. Vehicular arson D. Grand theft auto Ans: B Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Knowledge Answer Location: Involuntary Manslaughter Difficulty Level: Easy 29. The current trend toward recognizing that a premeditated intent to kill need only exist for what period of time?

A. 24 hr or more B. only for an instant C. more than a few seconds D. more than a week Ans: B Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension Answer Location: First-Degree Murder Difficulty Level: Easy 30. Which of the following crimes is also referred to as unlawful act manslaughter?

A. negligent manslaughter B. misdemeanor manslaughter C. vehicular manslaughter

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D. voluntary manslaughter Ans: B Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension Answer Location: Involuntary Manslaughter Difficulty Level: Easy 31. The ______ is a common law standard that provides that an individual is criminally responsible only for a death that occurs within 1 year of his or her criminal act.

A. year-and-a-day rule B. statute of limitations C. limiting determination clause D. Propinski rule Ans: A Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Knowledge Answer Location: The End of Human Life Difficulty Level: Easy 32. First-degree murder requires ______, which shows that an act was thought out prior to its commission.

A. deliberation B. premeditation C. intentionality D. lying in wait Ans: B Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension Answer Location: First-Degree Murder Difficulty Level: Easy 33. First-degree murder requires ______, which shows the intent to kill that is carried out in a cool state of mind in furtherance of the design to kill.

A. deliberation B. premeditation C. intentionality D. lying in wait Ans: A Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension Answer Location: First-Degree Murder

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Difficulty Level: Easy 34. ______ includes self-defense, defense of others, defense of the home, and police use of deadly force.

A. Excusable homicide B. Justifiable homicide C. Murder D. Manslaughter Ans: B Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Comprehension Answer Location: Types of Criminal Homicide Difficulty Level: Easy 35. According to most states, when can a defendant be held responsible for the murder of a fetus?

A. at any time B. when the defendant knew the woman was pregnant C. when the fetus is viable D. after the second trimester of pregnancy Ans: C Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Knowledge Answer Location: The Beginning of Human Life Difficulty Level: Medium 36. ______ arises when an individual commits an act that he or she is unaware creates a high degree of human injury or death under circumstances in which a reasonable person would have been aware of the threat.

A. Reckless manslaughter B. Second-degree manslaughter C. Voluntary manslaughter D. Negligent manslaughter Ans: D Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Knowledge Answer Location: Negligent Manslaughter Difficulty Level: Easy 37. ______ provocation is defined as conduct that is sufficient to excite an intense passion that causes a reasonable person to lose control.

A. Culpable

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B. Intense C. Reasonable D. Adequate Ans: D Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension Answer Location: Manslaughter Difficulty Level: Easy 38. ______ statutes typically punish intentional killings that are committed with malice aforethought that are not premeditated, justified, or excused.

A. Voluntary manslaughter B. Second-degree murder C. First-degree murder D. Involuntary manslaughter Ans: B Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Comprehension Answer Location: Types of Criminal Homicide Difficulty Level: Easy 39. Commonwealth v. Cass held that prenatal injuries resulting in the death of a viable fetus before or after birth is homicide. Roe v. Wade held that a woman has the right to voluntarily consent to an abortion by a licensed physician. How does the Model Penal Code (MPC) avoid a conflict between the law of abortion and the criminal law concerning a fetus?

A. The MPC utilizes the common law born alive rule in order to avoid a possible conflict.

B. The MPC is silent as to the issue.

C. The MPC acknowledges the conflict but does not resolve it.

D. The MPC acknowledges abortion as homicide.

Ans: A Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Comprehension Answer Location: The Beginning of Human Life Difficulty Level: Easy

True/False 1. The mens rea of first-degree murder requires deliberation, premeditation, and malice.

Ans: T

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Learning Objective: 7-3: First-degree murder involves the intentional, deliberate, and premeditated killing of another. Premeditation according to a number of state courts can occur in an instant and does not require a period of reflection.

Cognitive Domain: Knowledge Answer Location: First-Degree Murder Difficulty Level: Easy 2. The “unlawful killing of a human being” or “causing the death of a person” constitutes the mens rea of homicide.

Ans: F Learning Objective: 7-2: The law of murder in every state protects fetuses at the point of conception.

Cognitive Domain: Comprehension Answer Location: Actus Reus and Criminal Homicide Difficulty Level: Easy 3. Malice is implied in cases of depraved heart murder.

Ans: T Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony.

Cognitive Domain: Knowledge Answer Location: Depraved Heart Murder Difficulty Level: Easy 4. According to the common law, a defendant may be guilty of the murder of a fetus in the mother’s womb.

Ans: F Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Comprehension Answer Location: The Beginning of Human Life Difficulty Level: Easy 5. Most states have adopted a brain death test to determine when brain death occurs.

Ans: T Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Knowledge Answer Location: The End of Human Life Difficulty Level: Easy 6. Voluntary manslaughter recognizes that under certain circumstances, a reasonable person will be provoked to lose control and kill.

Ans: T

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Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension Answer Location: Voluntary Manslaughter Difficulty Level: Easy 7. The agency theory of felony murder limits criminal liability to the acts of felons and co-felons.

Ans: T Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge Answer Location: Felony Murder Difficulty Level: Easy 8. Deterrence is a rationale for the felony murder rule.

Ans: T Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge Answer Location: Felony Murder Difficulty Level: Easy 9. The Model Penal Code has rejected the common law “born alive” rule.

Ans: F Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Comprehension Answer Location: The End of Human Life Difficulty Level: Easy 10. The defense of sudden heat of passion is still available if a reasonable person’s passion would have cooled off between the time of the provocation and the time of the killing.

Ans: F Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension Answer Location: Voluntary Manslaughter Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

11. Murder is defined as all homicide including those that are excused or justified.

Ans: F Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Comprehension Answer Location: Types of Criminal Homicide Difficulty Level: Easy 12. First-degree murder is the most serious form of murder and the prosecutor has the burden of establishing recklessness and malice.

Ans: F Learning Objective: 7-3: First-degree murder involves the intentional, deliberate, and premeditated killing of another. Premeditation according to a number of state courts can occur in an instant and does not require a period of reflection.

Cognitive Domain: Comprehension Answer Location: First-Degree Murder Difficulty Level: Easy 13. Deliberation entails an intent to kill that is carried out in the heat of passion in furtherance of the design to kill.

Ans: F Learning Objective: 7-4: In states that continue to use capital punishment, every defendant convicted of the killing of another person may be sentenced to death.

Cognitive Domain: Comprehension Answer Location: Capital and Aggravated First-Degree Murder Difficulty Level: Easy 14. State second-degree statutes typically punish intentional killings that are committed with malice aforethought that are not premeditated, justified, or excused.

Ans: T Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Knowledge Answer Location: Second-Degree Murder Difficulty Level: Easy 15. Manslaughter includes all homicides without malice aforethought that are committed without justification or excuse.

Ans: T Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge

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Answer Location: Manslaughter Difficulty Level: Easy 16. Voluntary manslaughter recognizes that a reasonable person under certain circumstances will be provoked to lose control and kill.

Ans: T Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension Answer Location: Voluntary Manslaughter Difficulty Level: Easy 17. The law of provocation is based on the reaction of a reasonable person.

Ans: T Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Knowledge Answer Location: Voluntary Manslaughter Difficulty Level: Easy 18. Involuntary manslaughter involves the intentional killing of another without malice.

Ans: F Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension Answer Location: Involuntary Manslaughter Difficulty Level: Easy 19. A killing that occurs during the course of a felony is punished as murder.

Ans: T Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Knowledge Answer Location: Felony Murder Difficulty Level: Easy

Short Answer 1. What is malice aforethought?

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Ans: Malice aforethought is the intent to kill with ill will or hatred.

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Comprehension Answer Location: Types of Criminal Homicide Difficulty Level: Easy 2. What is the difference between express malice and implied malice?

Ans: Individuals who have a deliberate intent to kill possesses express malice while implied malice exists in those cases that an individual possesses an intent to cause great bodily harm or the intent to commit an act that may be expected to lead to death or great bodily harm.

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Application Answer Location: Types of Criminal Homicide Difficulty Level: Medium 3. What is the difference between first-degree murder and second-degree murder?

Ans: First-degree murder is the most serious form of murder and requires premeditation, deliberation, and malice aforethought. Second-degree murder is killing with malice, but does not require premeditation.

Learning Objective: 7-1: The distinction in the law of homicide between murder and manslaughter was introduced in the 1960s as part of an effort to reform the criminal law.

Cognitive Domain: Application Answer Location: Types of Criminal Homicide Difficulty Level: Medium 4. How is premeditation and deliberation established?

Ans: Premeditation is established by analyzing whether a defendant’s act was thought out prior to commission. Deliberation is established by analyzing whether a defendant had the intent to kill and that the act was carried out in a cool state of mind.

Learning Objective: 7-3: First-degree murder involves the intentional, deliberate, and premeditated killing of another. Premeditation according to a number of state courts can occur in an instant and does not require a period of reflection.

Cognitive Domain: Comprehension Answer Location: First-Degree Murder Difficulty Level: Easy 5. Give an example of second-degree murder.

Ans: Depraved heart murder Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony.

Cognitive Domain: Comprehension Answer Location: Depraved Heart Murder

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Difficulty Level: Easy 6. To what situations did the common law limit adequate provocation?

Ans: Common law restricted adequate provocation to a limited number of situations: aggravated assault or battery, mutual combat defined as a fight voluntarily entered into by the participants, a serious crime committed against a close relative of a defendant, and one spouse observing the adultery of the other spouse.

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Application Answer Location: Voluntary Manslaughter Difficulty Level: Medium 7. What is the difference between misdemeanor manslaughter and felony murder?

Ans: Misdemeanor manslaughter is a killing done during the commission of an act that does not amount to a felony. Felony murder, on the other hand, are those killings done during the commission of a felony.

Learning Objective: 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Analysis Answer Location: Involuntary Manslaughter Difficulty Level: Hard 8. According to common statutes, how is the beginning of human life determined?

Ans: According to common law, individuals are not criminally responsible for the murder of a child in the womb unless that fetus is able to live independently.

Learning Objective: 7-10: Know the differing views on when life begins for purposes of homicide and the legal tests for determining death.

Cognitive Domain: Comprehension Answer Location: The Beginning of Human Life Difficulty Level: Medium 9. What is the difference between the agency theory of felony murder and the proximate cause theory of felony murder?

Ans: The agency theory assigns criminal liability for deaths committed by felons and cofelons, but not deaths committed by another acting as an adversary. Proximate cause theory, on the other hand, assigns criminal liability for any and all foreseeable deaths during the commission of a crime. It does not matter whether the killing was committed by an adversary, such as a police officer or a security guard.

Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Analysis

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Answer Location: Felony Murder Difficulty Level: Hard 10. What is the difference between depraved heart murder and negligence?

Ans: Depraved heart murder is the killing of another as a result of the deliberate perpetration of a knowingly dangerous act with reckless wanton unconcern and difference as to whether anyone is harmed or not. The nature of the act implies malice.

Negligence, on the other hand, dictates that an individual may not be aware of the risk that he or she is creating by performing an act.

Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony.

Cognitive Domain: Analysis Answer Location: Depraved Heart Murder Difficulty Level: Hard

Essay 1. What is the difference between first-degree murder and second-degree murder?

Ans: First-degree murder is the most serious form of murder and requires premeditation, deliberation, and malice aforethought. Second-degree murder is killing with malice, but does not require premeditation.

Learning Objective: 7-5: An individual who is genuinely unaware of the obvious and severe risk created by his or her dangerous act in most states satisfies the intent requirement of depraved heart murder.

Cognitive Domain: Comprehension Answer Location: First-Degree Murder | Second-Degree Murder Difficulty Level: Easy 2. Max, Mark, and Matt plotted to rob a bank. Max and Mark would rob the bank while Matt would be the getaway driver. Upon arriving at the bank, Max and Mark raised their guns, pointed them at bank employees and customers, and demanded money from the tellers. Meanwhile, a police officer who was conducting business in the bank confronted Max and Mark to lower their weapons. When Max and Mark refused to do so, the police officer shot at them, hitting Max and killing him. Mark fired back, and one of his bullets hit and killed a customer. Analyze this case under the agency theory and the proximate cause theory of felony murder.

Ans: Under the agency theory, responsibility is limited to the acts of felons and cofelons. Thus, both Mark and Matt are responsible for the death of the customer.

However, because the officer shot Max, they would not be responsible for his death under the agency theory. Under the proximate cause theory of felony murder, a felon is liable for all foreseeable deaths committed during a felony. Thus, Mark and Matt are liable for the deaths of both Max and the customer that occurred during the robbery.

Learning Objective: 7-7: Individual employees as well as the corporation for which they work in a number of states may be held criminally liable for a homicide where the

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

employees’ criminal conduct is undertaken or approved of by corporate managers or officials.

Cognitive Domain: Analysis Answer Location: Felony Murder Difficulty Level: Medium 3. How are premeditation and deliberation relevant to first-degree murder, and how are they established?

Ans: The crime of first-degree murder requires both premeditation and deliberation.

Premeditation is established by analyzing whether a defendant’s act was thought out prior to committing a crime. Deliberation is established by analyzing whether a defendant had the intent to kill and whether the act was carried out in a cool state of mind.

Learning Objective: 7-3: First-degree murder involves the intentional, deliberate, and premeditated killing of another. Premeditation according to a number of state courts can occur in an instant and does not require a period of reflection.

Cognitive Domain: Comprehension Answer Location: First-Degree Murder Difficulty Level: Easy 4. Explain the crime of misdemeanor manslaughter.

Ans: Misdemeanor manslaughter is a form of involuntary manslaughter. Also known as unlawful act manslaughter, misdemeanor manslaughter is manslaughter that occurs during the commission of a crime that does not amount to a felony.

Learning Objective: 7-9: Explain misdemeanor manslaughter.

Cognitive Domain: Comprehension Answer Location: Involuntary Manslaughter Difficulty Level: Easy 5. What is the difference between depraved heart murder and negligent manslaughter?

Ans: Depraved heart murder is the killing of another as a result of the deliberate perpetration of a knowingly dangerous act with reckless and wanton unconcern and indifference as to whether anyone is harmed or not. Depraved heart murder implies malice. In contrast, negligent manslaughter is a form of homicide with less moral culpability. An individual who commits negligent manslaughter is unaware of the high risk of human injury or death that he or she is creating by performing an act, but a reasonable person would be aware of the risk. There is no malice in an act of negligent manslaughter.

Learning Objective: 7-6: Under the agency theory of felony murder, all the felons involved in the felony are held guilty for any and all deaths that occur in the course of committing the felony. | 7-8: Involuntary manslaughter is defined as murder in the heat of passion while voluntary manslaughter entails the negligent taking of the life of another individual.

Cognitive Domain: Comprehension Answer Location: Depraved Heart Murder | Negligent Manslaughter Difficulty Level: Medium

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Chapter 8: Other Crimes Against the Person Test Bank Multiple Choice

1. The introduction of expert testimony regarding attitudes and behaviors that are associated with being a rape victim is consistent with which type of defense?

A. post-traumatic stress syndrome B. rape trauma syndrome C. sexual abuse syndrome D. rape psychosis Ans: B Learning Objective: 8-11: Kidnapping requires the involuntary movement of an individual by another for a distance of at least fifteen feet.

Cognitive Domain: Knowledge Answer Location: Rape Trauma Syndrome Difficulty Level: Easy 2. Which of the following is a type of physical contact that can be charged with a battery?

A. giving a high five to a friend B. tackling a football player from the opponent team during a game C. greeting a friend with a hug or kiss D. uninvited kiss or sexual fondling Ans: D Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Comprehension Answer Location: Simple and Aggravated Battery Difficulty Level: Easy 3. Consent to intercourse that results from a misrepresentation as to the purpose or the benefits of the sexual act is known as ______.

A. fraud in the factum B. fraud in the inducement C. intrinsic resistance D. extrinsic inducement Ans: B Learning Objective: 8-6: It is a defense to statutory rape in most states that the underage, juvenile “victim” was sexually experienced.

Cognitive Domain: Comprehension

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Answer Location: The Elements of the Common Law of Rape Difficulty Level: Easy 4. Which of the following is not an element of rape under the common law?

A. carnal knowledge B. against a woman’s will C. carried out by force D. rape of a woman or a man Ans: D Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.

Cognitive Domain: Comprehension Answer Location: The Elements of the Common Law of Rape Difficulty Level: Easy 5. A strict liability offense in which a male is guilty of rape by engaging in intercourse with an underage female is the definition of which type of crime?

A. statutory rape B. pedophilia C. child endangerment D. child molestation Ans: A Learning Objective: 8-8: A rape victim who testifies at trial against his or her assailant may be cross-examined as a matter of standard practice about his or her prior sexual activity with the defendant and with other individuals to demonstrate that the victim likely consented to the sexual activity and was not raped.

Cognitive Domain: Knowledge Answer Location: Statutory Rape Difficulty Level: Easy 6. One day, Taylor walks up behind Mindy and hits her in the face, causing a black eye.

Which of the following is true?

A. Taylor did not assault Mindy because Mindy did not see Taylor hit her.

B. Taylor is guilty of both assault and battery.

C. Taylor is guilty of battery.

D. Taylor is not guilty because Mindy’s black eye is a minor injury.

Ans: C Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Analysis Answer Location: Assault and Battery

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Difficulty Level: Medium 7. The crime of aggravated battery does not include which of the following?

A. the use of a dangerous or deadly weapon B. the intent to kill, rape, or seriously harm C. serious injury D. The victim must be placed in fear.

Ans: D Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Knowledge Answer Location: Simple and Aggravated Battery Difficulty Level: Easy 8. Which state considers a battery aggravated when the crime was committed with a deadly weapon and when it results in grievous bodily harm?

A. California B. Illinois C. Georgia D. Minnesota Ans: A Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Knowledge Answer Location: Simple and Aggravated Battery Difficulty Level: Easy 9. ______ involves following or monitoring another person, conducting repeated, unwanted contact, transmitting a threat through electronic communication or a combination of electronic, verbal expressions, and acts.

A. Stalking B. Cyberstalking C. Assault D. Battery Ans: B Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Knowledge Answer Location: Stalking Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

10. Larry lured Michael to an isolated area of town where he bound and blindfolded him.

Larry then took Michael to a house and locked him in the basement. Which of the following is not true?

A. Larry is guilty of kidnapping under the Model Penal Code only if he also held Michael for ransom.

B. Larry is guilty of kidnapping.

C. Larry is guilty of false imprisonment.

D. Larry’s conduct demonstrates the mens rea of kidnapping.

Ans: A Learning Objective: 8-12: False imprisonment may occur in public or in private and may be for a brief or lengthy period of time.

Cognitive Domain: Analysis Answer Location: Kidnapping | False Imprisonment Difficulty Level: Medium 11. Which of the following prohibits the introduction of evidence concerning a victim’s past sexual activity?

A. sexual shield statute B. rape shield statute C. sexual history statute D. past activity statute Ans: B Learning Objective: 8-10: An individual may be convicted of stalking who does not inflict physical injury on the person who is being stalked.

Cognitive Domain: Knowledge Answer Location: Rape Shield Statutes Difficulty Level: Easy 12. At common law, rape was punishable by which of the following?

A. a fine B. life imprisonment C. probation D. death Ans: D Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.

Cognitive Domain: Knowledge Answer Location: The Common Law of Rape Difficulty Level: Easy

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13. A(n) ______ may be committed either by attempting to commit the application of force to another person or by intentionally placing another person in fear of the application of force A. battery B. assault C. confrontation D. argument Ans: B Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Knowledge Answer Location: Simple and Aggravated Battery Difficulty Level: Easy 14. The movement from one place to another is the central issue of which crime?

A. false imprisonment B. kidnapping C. abduction D. aggravated assault Ans: B Learning Objective: 8-12: False imprisonment may occur in public or in private and may be for a brief or lengthy period of time.

Cognitive Domain: Knowledge Answer Location: Kidnapping | Criminal Act Difficulty Level: Easy 15. ______ typically requires serious bodily injury, the use of a dangerous or deadly weapon, or the intent to kill, rape, or seriously harm.

A. Assault B. Battery C. Aggravated assault D. Aggravated battery Ans: B Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Knowledge Answer Location: Simple and Aggravated Battery Difficulty Level: Easy 16. What is NOT a requirement for aggravated battery?

A. serious injury

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

B. the use of a dangerous or deadly weapon C. the intent to kill, rape, or serious bodily harm D. walking away after considering the commission of the crime Ans: D Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Knowledge Answer Location: Simple and Aggravated Battery Difficulty Level: Easy 17. Which of the following factors may increase a criminal charge of stalking to aggravated stalking?

A. causing bodily harm B. knowing the victim C. ending a relationship and all contact with the individual D. adhering to current no-contract orders Ans: A Learning Objective: 8-2: An individual in nearly every state may not be held criminally liable for raping his or her spouse.

Cognitive Domain: Knowledge Answer Location: Stalking Difficulty Level: Easy 18. Benjamin, a senior college student, has a crush on one of his classmates. He tries to get close to her by becoming friends with her roommates. When he is invited over to their apartment, he sneaks away from the group and places a tape recorder in his crush’s room hoping she may talk about him or that it will help him to figure out what kinds of things she likes. Is Benjamin guilty of stalking?

A. Yes, one element is met.

B. No, no elements have been met.

C. It depends on whether the jurisdiction utilizes the objective approach or the subjective approach.

D. He is guilty of aggravated stalking.

Ans: B Learning Objective: 8-2: An individual in nearly every state may not be held criminally liable for raping his or her spouse.

Cognitive Domain: Application Answer Location: Stalking Difficulty Level: Medium 19. What does the notion of “the wife as chattel” mean?

A. A wife is husband’s slave.

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B. A wife is husband’s possession.

C. Wife is imprisoned.

D. Wife has no right to get divorce.

Ans: B Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.

Cognitive Domain: Comprehension Answer Location: The Common Law of Rape Difficulty Level: Easy 20. All of the following may increase a criminal charge of stalking to aggravated stalking EXCEPT ______.

A. carried out by force B. rape of a woman or a man C. carnal knowledge D. against a woman’s will Ans: B Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.

Cognitive Domain: Comprehension Answer Location: The Elements of Common Law Rape Difficulty Level: Easy 21. Acquaintance rape is also known as ______.

A. date rape B. same-sex rape C. real rape D. fraud in the factum Ans: A Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.

Cognitive Domain: Comprehension Answer Location: The Elements of Common Law Rape Difficulty Level: Easy 22. Fraud in the factum is also called ______.

A. fraud in the nature of the act B. fraud in the nature of the identify C. earnest resistance D. reasonable resistance

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Ans: A Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.

Cognitive Domain: Knowledge Answer Location: The Elements of Common Law Rape Difficulty Level: Easy 23. A woman consented to treatment for menstrual cramps by a doctor. The doctor began treatment by inserting a metal instrument. Minutes later he removed the metal instrument and, without consent, inserted his sexual organ. This is an example of which of the following?

A. fraud in inducement B. fraud in the factum C. withdrawal of consent D. reasonable resistance Ans: B Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.

Cognitive Domain: Application Answer Location: The Elements of Common Law Rape Difficulty Level: Medium 24. A woman consented to intercourse with a doctor after being tricked into believing that the doctor had been injected with a serum that would cure her alleged disease. This is an example of which of the following?

A. fraud in inducement B. fraud in the factum C. withdrawal of consent D. reasonable resistance Ans: A Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.

Cognitive Domain: Application Answer Location: The Elements of Common Law Rape Difficulty Level: Medium 25. Instead of ‘rape,’ a number of states’ criminal statutes now use the term ______.

A. sexual intercourse B. forcible penetration C. sexual contact

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D. sexual assault Ans: C Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”

Cognitive Domain: Knowledge Answer Location: Rape Reform Difficulty Level: Easy 26. Which of the following are changes resulting from rape reform?

A. Victims’ rights became an issue prominent in U.S. politics.

B. There are degrees of rape differentiated from one another based on the seriousness of the offense.

C. The definition of sexual intercourse was expanded.

D. Only males may be the perpetrator of the crime of rape.

Ans: B Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”

Cognitive Domain: Application Answer Location: Rape Reform Difficulty Level: Medium 27. Which case was the first to recognize the objective test that recognizes it is a defense to rape that a defendant honestly and reasonably believed that the rape victim consented?

A. State v. Plunkett B. People v. Mayberry C. Director of Public Prosecutions v. Morgan D. Garnett v. State Ans: B Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”

Cognitive Domain: Comprehension Answer Location: The Actus Reus of Modern Rape Difficulty Level: Easy 28. What is the major difference between extrinsic force and intrinsic force?

A. whether the force is applied externally or internally

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B. whether the force is applied outside the home or inside the home C. the amount of force used D. the strength of the perpetrator Ans: C Learning Objective: 8-5: In every state, it is a defense to rape that an individual unreasonably and mistakenly believed that the “victim” consented to sex.

Cognitive Domain: Comprehension Answer Location: The Actus Reus of Modern Rape Difficulty Level: Easy 29. Kelly and Bob went out on their first date, and at the conclusion of their evening Bob invited Kelly to come to his apartment for a drink. She agreed because she liked him and felt inclined to do so. Once Kelly was inside she sat down and made herself comfortable while Bob prepared some mixed drinks. When he came back into the room he turned the lights off and snuck up behind Kelly to blindfold her. She screamed. He ripped her clothing off and engaged in sexual activity with her while she was physically attempting to fight him off. This is an example of what?

A. withdrawal of consent B. intrinsic force C. extrinsic force D. rape Ans: C Learning Objective: 8-5: In every state, it is a defense to rape that an individual unreasonably and mistakenly believed that the “victim” consented to sex.

Cognitive Domain: Application Answer Location: The Actus Reus of Modern Rape Difficulty Level: Medium 30. Which of the following is statutory rape approach that is utilized when an individual who is physically mature misrepresents their age?

A. recognizing that statutory rape should not be a crime when the parties are roughly of the same age B. allowing for penalties of different severities based on the age of the victim C. a promiscuity defense D. enforcing enhanced mandatory minimums for both the victim and perpetrator to deter future sexual conduct Ans: C Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”

Cognitive Domain: Application Answer Location: Statutory Rape

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Difficulty Level: Medium 31. Which state is the first to pass a law on the withdrawal of consent?

A. California B. Illinois C. Georgia D. Oregon Ans: B Learning Objective: 8-8: A rape victim who testifies at trial against his or her assailant may be cross-examined as a matter of standard practice about his or her prior sexual activity with the defendant and with other individuals to demonstrate that the victim likely consented to the sexual activity and was not raped.

Cognitive Domain: Knowledge Answer Location: Statutory Rape Difficulty Level: Medium 32. Which state has the highest rates of rape in the recent data?

A. California B. Alaska C. New Mexico D. Oklahoma Ans: B Learning Objective: 8-8: A rape victim who testifies at trial against his or her assailant may be cross-examined as a matter of standard practice about his or her prior sexual activity with the defendant and with other individuals to demonstrate that the victim likely consented to the sexual activity and was not raped.

Cognitive Domain: Knowledge Answer Location: Statutory Rape Difficulty Level: Medium 33. What type of battery is punished more severely than other types of assaults and batteries?

A. misdemeanor battery B. cyber battery C. acquaintance battery D. domestic battery Ans: D Learning Objective: N/A Cognitive Domain: Comprehension Answer Location: Domestic Battery Difficulty Level: Easy 34. False imprisonment may overlap with which of the following?

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A. kidnapping B. assault and battery C. false imprisonment D. arson Ans: B Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.

Cognitive Domain: Application Answer Location: False Imprisonment Difficulty Level: Medium 35. Which criminal act involves with the forcible abduction or stealing away of a person from his or her own country and sending him or her into another country?

A. abduction B. kidnapping C. false imprisonment D. child theft Ans: B Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.

Cognitive Domain: Knowledge Answer Location: Kidnapping Difficulty Level: Easy 36. Some of the kidnapping statutes include not only the factor associating with the movement of a victim, but also ______.

A. held in isolation B. held in substantial period C. confined D. sexually assaulted Ans: A Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.

Cognitive Domain: Knowledge Answer Location: Kidnapping Difficulty Level: Easy 37. Kidnapping is the unlawful and forcible seizure and ______ of another without his or her consent.

A. asportation B. intent to deceive C. tangible property D. property of another Ans: A Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.

Cognitive Domain: Application

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Answer Location: Kidnapping Difficulty Level: Medium 38. Some states permit victims to present expert witnesses on the psychological issue of ______, which is the psychological and medical condition of some rape victims.

A. rape trauma syndrome B. post-traumatic stress syndrome C. sexual abuse syndrome D. rape trauma psychosis Ans: A Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”

Cognitive Domain: Comprehension Answer Location: The Common Law of Rape Difficulty Level: Easy

True/False

1. In 1977, the U.S. Supreme Court declared that a death penalty for rape was constitutional.

Ans: F Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”

Cognitive Domain: Knowledge Answer Location: The Common Law of Rape Difficulty Level: Easy 2. Most modern rape statutes define rape as the forcible carnal knowledge of a woman against her will.

Ans: F Learning Objective: 8-3: A male may be guilty of rape in virtually every state in those instances in which a female fails to affirmatively, definitely, and freely consent to sexual intercourse.

Cognitive Domain: Comprehension Answer Location: The Elements of the Common Law of Rape Difficulty Level: Easy 3. An aggravated battery may be accomplished by the infliction of serious bodily injury.

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Ans: T Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Comprehension Answer Location: Simple and Aggravated Battery Difficulty Level: Easy 4. In a self-defense situation, a person who used reasonable force to protect themselves can be charged with battery.

Ans: F Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Application Answer Location: The Elements of Battery Difficulty Level: Medium 5. The statutes in many states narrowly but slightly differently limit the required intent for battery.

Ans: T Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Comprehension Answer Location: The Elements of Battery Difficulty Level: Medium 6. A single act of harassment is never sufficient to constitute the crime of stalking.

Ans: F Learning Objective: 8-2: An individual in nearly every state may not be held criminally liable for raping his or her spouse.

Cognitive Domain: Comprehension Answer Location: Stalking Difficulty Level: Medium 7. Some states consider bodily parts as a dangerous weapon.

Ans: T Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Comprehension Answer Location: Dangerous Weapon Battery

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Difficulty Level: Easy 8. All states include mayhem in the criminal codes.

Ans: F Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Knowledge Answer Location: Dangerous Weapon Battery Difficulty Level: Easy 9. A female stalking against a male may not be charged with felony.

Ans: F Learning Objective: 8-2: An individual in nearly every state may not be held criminally liable for raping his or her spouse.

Cognitive Domain: Knowledge Answer Location: Stalking Difficulty Level: Easy 10. A husband and a wife cannot be charged with rape.

Ans: F Learning Objective: 8-6: It is a defense to statutory rape in most states that the underage, juvenile “victim” was sexually experienced.

Cognitive Domain: Knowledge Answer Location: Rape Difficulty Level: Easy 11. Aggravated assault can be charged with a felony of the second degree if the suspect attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon.

Ans: T Learning Objective: 8-12: Describe the difference between simple and aggravated battery and between attempted battery assault and the placing of another in fear of a battery assault.

Cognitive Domain: Comprehension Answer Location: Assault Difficulty Level: Easy 12. Extrinsic force is the amount of force required to achieve penetration.

Ans: F Learning Objective: 8-6: It is a defense to statutory rape in most states that the underage, juvenile “victim” was sexually experienced.

Cognitive Domain: Knowledge

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Answer Location: The Actus Reus of Modern Rape Difficulty Level: Easy 13. Rape shield laws do not prohibit the introduction of an accused’s past sexual activity in every instance.

Ans: T Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”

Cognitive Domain: Knowledge Answer Location: Rape Shield Statute Difficulty Level: Easy 14. The “Lindbergh Law” prohibits kidnapping and carrying an individual across state lines for the purpose of obtaining a ransom or reward.

Ans: T Learning Objective: 8-12: False imprisonment may occur in public or in private and may be for a brief or lengthy period of time.

Cognitive Domain: Knowledge Answer Location: Kidnapping Difficulty Level: Easy 15. An attempted battery may be the basis of an assault conviction.

Ans: T Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Knowledge Answer Location: The Elements of Assault Difficulty Level: Easy 16. Fraud in the factum is not a basis for a rape conviction.

Ans: F Learning Objective: 8-6: It is a defense to statutory rape in most states that the underage, juvenile “victim” was sexually experienced.

Cognitive Domain: Comprehension Answer Location: The Elements of the Common Law of Rape Difficulty Level: Easy 17. All modern statutes are gender neutral with respect to the identity of the perpetrator of a rape.

Ans: T

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Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”

Cognitive Domain: Knowledge Answer Location: Rape Reform Difficulty Level: Easy 18. Federal law is silent on the crime of kidnapping by a parent.

Ans: F Learning Objective: 8-12: False imprisonment may occur in public or in private and may be for a brief or lengthy period of time.

Cognitive Domain: Knowledge Answer Location: Kidnapping Difficulty Level: Easy 19. False imprisonment requires movement.

Ans: F Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.

Cognitive Domain: Comprehension Answer Location: False Imprisonment Difficulty Level: Easy 20. False imprisonment is a crime that punishes interference with the freedom and liberty of the individual.

Ans: T Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.

Cognitive Domain: Knowledge Answer Location: Kidnapping Statutes Difficulty Level: Easy

Short Answer

1. Explain the difference between assault and battery.

Ans: The difference between assault and battery is physical contact. Once physical contact is made, assault “merges” with battery.

Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Analysis Answer Location: Assault and Battery

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Difficulty Level: Medium 2. What is the difference between rape and statutory rape?

Ans: While statutory rape is a strict liability offense that holds a defendant guilty of rape based on his intercourse with an underage female, rape is defined as the forcible carnal knowledge of a woman against her will.

Learning Objective: 8-8: A rape victim who testifies at trial against his or her assailant may be cross-examined as a matter of standard practice about his or her prior sexual activity with the defendant and with other individuals to demonstrate that the victim likely consented to the sexual activity and was not raped.

Cognitive Domain: Comprehension Answer Location: Statutory Rape Difficulty Level: Easy 3. What are the four considerations for statutory rape?

Ans: (1) Understanding, (2) harmful, (3) social values, and (4) vulnerability.

Learning Objective: 8-8: A rape victim who testifies at trial against his or her assailant may be cross-examined as a matter of standard practice about his or her prior sexual activity with the defendant and with other individuals to demonstrate that the victim likely consented to the sexual activity and was not raped.

Cognitive Domain: Knowledge Answer Location: Statutory Rape Difficulty Level: Easy 4. What is the difference between kidnapping and false imprisonment?

Ans: Kidnapping requires some form of substantial movement, while false imprisonment does not.

Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.

Cognitive Domain: Comprehension Answer Location: False Imprisonment Difficulty Level: Medium 5. What is the essence of kidnapping?

Ans: The actus reus of the forcible movement of a person “from one place to another.”

Learning Objective: 8-12: False imprisonment may occur in public or in private and may be for a brief or lengthy period of time.

Cognitive Domain: Knowledge Answer Location: Kidnapping: Criminal Act Difficulty Level: Medium 6. What are the three acts in kidnapping?

Ans: (1) Removing victims from the protection of the home or business is intended to punish the taking of individuals from the safety and security of a home or business and

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placing them in danger, (2) removing individuals “a substantial distance from the vicinity” where they are located is intended to ensure that punishment is not imposed for “trivial changes of location,” and (3) confining an individual for a substantial period of time in an isolated location with a specified intent is intended to punish the “frightening and dangerous” removal of a victim from a safe environment to an “isolated” location where he or she is outside the protection of the law.

Learning Objective: 8-12: False imprisonment may occur in public or in private and may be for a brief or lengthy period of time.

Cognitive Domain: Comprehension Answer Location: Kidnapping: Criminal Act Difficulty Level: Hard 7. Explain the Romeo and Juliet laws.

Ans: It recognize that young people will engage in sexual experimentation and that statutory rape should not be a crime where the parties are roughly the same age, or it should be punished less severely.

Learning Objective: 8-8: A rape victim who testifies at trial against his or her assailant may be cross-examined as a matter of standard practice about his or her prior sexual activity with the defendant and with other individuals to demonstrate that the victim likely consented to the sexual activity and was not raped.

Cognitive Domain: Comprehension Answer Location: Statutory Rape Difficulty Level: Medium 8. What is the difference between extrinsic force and intrinsic force approaches?

Ans: While extrinsic approach requires an act of force beyond the physical effort required to accomplish penetration, intrinsic approach requires the amount of force required to achieve penetration.

Learning Objective: 8-5: In every state, it is a defense to rape that an individual unreasonably and mistakenly believed that the “victim” consented to sex.

Cognitive Domain: Comprehension Answer Location: The Actus Reus of Modern Rape Difficulty Level: Medium 9. Describe the nature of rape shield statues.

Ans: Rape shield laws prohibit the defense from introducing evidence or asking the victim about past sexual activity with individuals other than the defendant. However, in cases where a sexual interaction with another establishes a pattern, then the jury may hear the evidence. In general, past sexual activity is not allowed in order to protect the victim.

Learning Objective: 8-10: An individual may be convicted of stalking who does not inflict physical injury on the person who is being stalked.

Cognitive Domain: Analyze

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Answer Location: Rape Shield Statutes Difficulty Level: Hard

Essay

1. List and describe the most common provisions under the modified rape statutes.

Ans: There are six general provisions under modified rape statutes: (1) gender neutral-a male or female may be the perpetrator of the victim of rape; (2) degrees of rape-several degrees of rape are defined; (3) sexual intercourse--expanded definition; (4) consent--free, affirmative, and voluntary cooperation; (5) coercion--may be achieved through fraud or psychological pressure as well as through physical force; (6) marital exemption--a husband or a wife may be charged with the rape of a spouse; and (7) rape shield statutes--evidence of a victim’s prior sexual activity with individuals other than the defendant is inadmissible as evidence.

Learning Objective: 8-4: An individual who offered a job to another individual on the condition that the individual who was offered the job consent to sexual intercourse would be guilty of rape under the common law if the individual who offered the job never intended to hire the “victim.”

Cognitive Domain: Knowledge Answer Location: Rape Reform Difficulty Level: Medium 2. At a bar, Sue approaches Al because she recognized him from previously dating her roommate. Al buys Sue a few drinks and they talk for hours. As the bar closes, Al asks Sue to come back to his place for a few more drinks. Sue goes along, and when they get back to the apartment, Al takes Sue into the bedroom. There, Al begins taking off Sue’s clothes when she tells him to stop. Sue testifies that she told Al she had a boyfriend, hoping that would be incentive for Al to stop. Al continued to remove her clothing, then his own, and proceeded to have intercourse with Sue. When asked why she did not resist, she testified that she was afraid that he would hurt her. Her roommate had been beaten by Al in the past, and she was fearful that he would beat her as well. When the intercourse was complete, Sue ran out of the apartment and went to the police. Analyze and discuss the case under the extrinsic force and the intrinsic force tests.

Ans: Under the extrinsic force test, the defendant must have committed an act of force beyond the physical effort required to achieve sexual penetration. (Students must determine whether there existed any form of physical, intellectual, moral, emotional, or psychological compulsion to achieve sexual penetration. If there exists any form of coercion, then Al may be liable for rape under the extrinsic force.) Intrinsic force test establishes lack of free, affirmative, and voluntary consent. (Students must determine

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whether Sue gave voluntary consent to participate in a sexual interaction with Al. If not, then Al may be liable for rape under the intrinsic force test.)

Learning Objective: 8-5: In every state, it is a defense to rape that an individual unreasonably and mistakenly believed that the “victim” consented to sex.

Cognitive Domain: Analysis Answer Location: The Actus Reus of Modern Rape Difficulty Level: Medium 3. One night, Jacob is walking home from his shift at a bar. Steven walks up behind him and holds up his index finger to Jacob’s back; Jacob believes it is a gun. Steven instructs him to walk to the adjacent alley, kneel on the ground facing the wall, and orders Jacob to give him all his money, valuables, and cell phone. Steven threatens Jacob and tells him not to make any sound or Steven will shoot him. After Steven leaves, Jacob quickly reports the crime and a patrol car was sent to canvas the location.

Steven is found with Jacob’s items and is subsequently arrested. Is Steven liable for attempted battery assault? Why or why not? Is Steven liable for assault of placing another in fear of a battery? Why or why not?

Ans: Steven is not guilty of attempted battery assault because the situation does not fulfill the requirements. Steven lacks intent to commit a battery because he used his fingers as a “weapon” rather than a gun, which also fails to fulfill the requirement for taking significant steps toward the commission of the battery. Likewise, because Steven used his hand to simulate a gun, rather than possessing an actual gun, Steven lacked the present ability to commit the battery. Steven, however, is guilty of assault of placing another in fear of a battery because all requirements are fulfilled. By using his hand to simulate a gun, Steven intended to cause fear of immediate bodily harm, especially because Jacob believed the finger pointed at his back was a gun. Steven also threatened Jacob, and under the same circumstances, a reasonable person would fear bodily harm. Finally, Jacob possessed a reasonable fear of imminent bodily harm because of the threat and the simulated gun.

Learning Objective: 8-1: Common law rape historically involved procedural rules that made rape one of the easiest crimes to prosecute and made it easy to convict a defendant.

Cognitive Domain: Analysis Answer Location: Assault and Battery Difficulty Level: Medium 4. Define kidnapping and false imprisonment under the Model Penal Code, and explain the difference between the two crimes.

Ans: Kidnapping is the unlawful removal of another from his place of residence or business or a substantial distance from the vicinity from where he is found, or if he unlawfully confines another for a substantial period in a place of isolation to (a) hold for ransom or reward, as a shield, or as a hostage; or (b) to facilitate the commission of a felony or flight thereafter; or (c) to inflict bodily injury on or to terrorize the victim or

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another; or (d) to interfere with the performance of any governmental or political function. False imprisonment is the unlawful, knowing restraint of another so as to substantially interfere with his or her liberty. A relatively modest interference is insufficient. The restraint must be knowing but may be satisfied if the defendant is aware that his or her conduct will result in the detention of another individual.

Kidnapping is different from false imprisonment because kidnapping requires some form of substantial movement, while false imprisonment does not.

Learning Objective: 8-13: Distinguish between kidnapping and false imprisonment.

Cognitive Domain: Comprehension Answer Location: Kidnapping | False Imprisonment | Model Penal Code Diagrams Difficulty Level: Medium 5. Lisa’s doctor has informed her that there is a new cure for menstrual cramps. For the cure to work, the doctor must inject the serum into an anonymous donor who she will have sex with. The doctor ordered Lisa to meet the donor in a nearby hotel the next day and he would make sure that the procedure was completed. Lisa did as she was told, had sex with the donor, and later found out that she had not been cured, nor was there ever a cure to begin with. Lisa claims that she was raped. Was Lisa raped? Why or why not? Evaluate these facts under both modern reforms to rape and the principle of fraud in inducement.

Ans: Under modern statutes, any type of fraud may constitute rape, and therefore, the doctor is likely guilty of rape. However, the doctor would not be guilty of fraud in inducement. A person cannot be guilty of fraud in inducement if the victim consents to the sexual act. Here, Lisa consented to the sexual act with the donor.

Learning Objective: 8-6: It is a defense to statutory rape in most states that the underage, juvenile “victim” was sexually experienced.

Cognitive Domain: Analysis Answer Location: The Elements of the Common Law of Rape Difficulty Level: Medium

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Chapter 9: Crimes Against Property Test Bank Multiple Choice 1. Breaking and entering of the dwelling house of another at night with the intention to commit a felony is the definition of which common law felony?

A. trespass B. arson C. robbery D. burglary Ans: D Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.

Cognitive Domain: Knowledge Answer Location: Burglary Difficulty Level: Easy 2. Which of the following describes the mens rea of larceny?

A. the intent to permanently deprive another of the property B. the intent to assert dominion over the property C. the intent to remove chattel D. the intent to commit asportation Ans: A Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.

Cognitive Domain: Knowledge Answer Location: Larceny | Mens Rea Difficulty Level: Easy 3. The willful and malicious burning of the dwelling of another is the common law definition of which of the following crimes?

A. arson B. vandalism C. trespass D. criminal mischief Ans: A Learning Objective: 9-12: Know the mens rea and actus reus of arson.

Cognitive Domain: Knowledge Answer Location: Arson Difficulty Level: Easy

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4. An unauthorized entry onto the land or premises of another without the intent to commit a felony is the definition of which crime?

A. criminal trespass B. burglary C. defiant trespass D. aggravated burglary Ans: A Learning Objective: 9-11: Criminal mischief requires substantial damage to property.

Cognitive Domain: Knowledge Answer Location: Trespass Difficulty Level: Easy 5. Which of the following is unlikely to be a form of grand larceny?

A. theft of a firearm B. theft from the person of another C. theft of an item valuing $50 D. theft from a home Ans: C Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.

Cognitive Domain: Comprehension Answer Location: Grades of Larceny Difficulty Level: Easy 6. Circulating or using a forged document is the actus reus of which crime?

A. forgery B. uttering C. embezzlement D. larceny by trick Ans: B Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.

Cognitive Domain: Knowledge Answer Location: Forgery and Uttering | Actus Reus Difficulty Level: Easy 7. Which of the following is NOT a requirement for receiving stolen property?

A. receiving stolen property B. knowing the property was stolen C. uncertainty whether the property was stolen D. the intent to permanently deprive the owner of the property Ans: C Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.

Cognitive Domain: Comprehension Answer Location: Receiving Stolen Property

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Difficulty Level: Medium 8. Which of the following correctly describes the difference between robbery and extortion?

A. Robbery involves a threat of immediate violence, whereas extortion entails a threat of future violence or other harms.

B. Extortion requires use of force, whereas robbery does not.

C. Modern extortion must be committed by a public official, whereas robbery may be committed by a public or private individual.

D. The crime of extortion requires that the perpetrator act on the threat, whereas robbery may be accomplished by simply placing the victim in fear that a robbery will take place.

Ans: A Learning Objective: 9-9: A conviction for the crime of trespass requires an unauthorized entry onto the property of another with the intent to commit a misdemeanor or felony on the property adjacent to the home.

Cognitive Domain: Comprehension Answer Location: Extortion Difficulty Level: Hard 9. The mens rea of arson is which of the following?

A. knowledge B. negligence C. malice D. recklessness Ans: C Learning Objective: 9-12: Know the mens rea and actus reus of arson.

Cognitive Domain: Knowledge Answer Location: Willful and Malicious Difficulty Level: Easy 10. Bill hired Dan, a local contractor, to do home renovations. Bill wrote Dan a $5,000 check as a deposit for Dan to begin the work. Two weeks later, Dan told Bill that he needed another $3,000 to purchase materials for the renovation and to hire subcontractors. Dan never started the renovations. Dan is guilty of which crime?

A. larceny B. asportation C. uttering D. embezzlement Ans: D Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.

Cognitive Domain: Application Answer Location: Embezzlement Difficulty Level: Medium

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

11. Which one of the following elements is NOT part of larceny?

A. trespassory taking B. taking personal property of another C. an intent to defraud D. possession of property of another Ans: C Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.

Cognitive Domain: Knowledge Answer Location: Larceny Difficulty Level: Easy 12. For larceny, there must be a taking and a(n) ______ of the property.

A. control B. possession C. asportation D. ownership Ans: C Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.

Cognitive Domain: Knowledge Answer Location: Asportation Difficulty Level: Easy 13. Which of the following items are NOT considered to be tangible property? Includes items over which an individual is able to exercise physical control, such as jewelry, paintings, tools, crops and trees removed from the land, and certain domesticated animals.

A. car titles B. jewelry C. paintings D. domesticated animals Ans: A Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.

Cognitive Domain: Knowledge Answer Location: Property of Another Difficulty Level: Easy 14. Some states have consolidated larceny, embezzlement, and false pretenses into a single statute punishing ______.

A. theft B. robbery C. burglary D. property crimes Ans: A

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Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.

Cognitive Domain: Knowledge Answer Location: False Pretenses Difficulty Level: Easy 15. Which was the known case in which the English Parliament immediately responded by passing a law that held servants, clerks, and employees criminally liable for the fraudulent misdemeanor of embezzlement of property if they take a customer’s property in possession?

A. People v. Gasparik B. Rex v. Bazeley C. Lee v. State D. Batin v. State Ans: B Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.

Cognitive Domain: Knowledge Answer Location: Embezzlement Difficulty Level: Easy 16. Kevin was charged with embezzlement in a jurisdiction that does not have a consolidated statute. The prosecutor failed to charge him with false pretenses and larceny, in the event the facts tended to prove one of the other theft charges. As it turns out, Kevin did not meet the embezzlement requirements. If the prosecutor had charged larceny, he would have been convicted. Based on these facts, what will be the outcome?

A. He committed a crime so he will be found guilty regardless of the charge.

B. He will be acquitted.

C. The prosecutor will have an opportunity to amend the charges and continue the trial.

D. The defendant will have the opportunity to rebut all evidence presented against him.

Ans: B Learning Objective: N/A Cognitive Domain: Application Answer Location: Theft Difficulty Level: Medium 17. Which of the following crimes does NOT involve the involuntary transfer of property in which the perpetrator appropriates property of the victim without consent or consent is obtained by fraud?

A. larceny B. embezzlement C. false pretenses D. false imprisonment Ans: D

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Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.

Cognitive Domain: Application Answer Location: Theft Difficulty Level: Medium 18. Which of the following elements are NOT central to the definition of embezzlement?

A. fraudulent B. asportation C. property of another D. conversion Ans: B Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.

Cognitive Domain: Comprehension Answer Location: Theft Difficulty Level: Easy 19. Which one of the following elements is the actus reus of false pretenses?

A. falsely making or materially altering an existing document B. an individual control the stolen property C. the false representation of a fact D. entering or remaining on another person’s property without his or her permission Ans: C Learning Objective: N/A Cognitive Domain: Comprehension Answer Location: False Pretenses Difficulty Level: Easy 20. Which one of the following is NOT the requirements for receiving stolen property?

A. receiving property B. uncertainty whether the property was stolen C. knowing the property was stolen D. having the intent to permanently deprive the owner of the property Ans: B Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.

Cognitive Domain: Application Answer Location: Receiving Stolen Property Difficulty Level: Medium 21. Which two offenses can an individual typically not be charged with simultaneously?

A. stealing and receiving stolen property B. receiving stolen property and larceny by stick C. embezzlement and carjacking D. identity theft and computer crimes

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Ans: A Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.

Cognitive Domain: Application Answer Location: Receiving Stolen Property Difficulty Level: Medium 22. Which of the following elements is part of uttering?

A. presented as valuable B. with the intent to defraud or deceive C. known to be true D. negligent intent Ans: B Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.

Cognitive Domain: Application Answer Location: Forgery and Uttering Difficulty Level: Medium 23. Which of the following elements is NOT part of forgery?

A. written with intent to defraud B. a false document or material modification of an existing document C. presented as authentic D. negligent intent Ans: D Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.

Cognitive Domain: Application Answer Location: Forgery and Uttering Difficulty Level: Medium 24. Which one of the following crimes involve with the creation of a false document or the material modification of an existing legal instrument with the intent to deceive or to defraud others?

A. uttering B. forgery C. simulation D. larceny Ans: B Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.

Cognitive Domain: Knowledge Answer Location: Forgery and Uttering Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

25. Which one of the following crimes involve with the trespassory taking and carrying away of the personal property of another with the intent to steal?

A. robbery B. larceny C. burglary D. theft Ans: A Learning Objective: 9-7: A person who pushes open a half-closed door to a house at night and while standing outside the house reaches inside with his or her arm and grabs a valuable sculpture on a table is guilty of common law burglary.

Cognitive Domain: Knowledge Answer Location: Robbery Difficulty Level: Easy 26. Which one of the following factors does NOT distinguish between simple and aggravated robbery?

A. value of the property B. level of fear C. degree of dangerousness D. level of anger Ans: A Learning Objective: 9-7: A person who pushes open a half-closed door to a house at night and while standing outside the house reaches inside with his or her arm and grabs a valuable sculpture on a table is guilty of common law burglary.

Cognitive Domain: Comprehension Answer Location: Robbery Difficulty Level: Easy 27. James saw a BMW pulled up to the valet stand in front of a hotel. He waits until the owner finishes his meal and returns to the valet stand to pick up his car. He stands uncomfortably close to the owner and whispers into his ear that he must hand over the keys or things will get violent. If James never enters the car, may he nonetheless be charged with carjacking?

A. Yes, a carjacking may be directed against an individual outside the car who is in possession of the keys and is sufficiently close to control the vehicle.

B. Yes, because Juan was lying in wait and possessed premeditation.

C. No, unless Juan physically enters the vehicle.

D. No, because a threat of violence is not sufficient to overcome the asportation requirement Ans: A Learning Objective: 9-8: A landlord who is the owner of a home that he or she rents to a tenant is criminally liable for common law burglary if he or she breaks into the home with the intent to commit a felony.

Cognitive Domain: Application Answer Location: Carjacking Difficulty Level: Medium

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

28. What crime is a form of robbery that punishes the taking of a motor vehicle in the possession of another from his or her person or immediate presence against his or her will?

A. carjacking B. motor vehicle theft C. grand theft auto D. petty theft Ans: A Learning Objective: 9-8: A landlord who is the owner of a home that he or she rents to a tenant is criminally liable for common law burglary if he or she breaks into the home with the intent to commit a felony.

Cognitive Domain: Knowledge Answer Location: Carjacking Difficulty Level: Easy 29. Which one of the following crimes involves the threat to disclose secret or embarrassing information?

A. extortion B. blackmail C. bribery D. embezzlement Ans: B Learning Objective: 9-9: A conviction for the crime of trespass requires an unauthorized entry onto the property of another with the intent to commit a misdemeanor or felony on the property adjacent to the home.

Cognitive Domain: Knowledge Answer Location: Extortion Difficulty Level: Easy 30. Which one of the following aspects is NOT burglary at common law?

A. breaking and entering B. with the use of force C. at nighttime D. with the intent to commit a felony Ans: B Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.

Cognitive Domain: Comprehension Answer Location: Burglary Difficulty Level: Easy 31. Which one of the requirements in the common law burglary was eliminated from the current legal codes?

A. breaking and entering B. at nighttime

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

C. with the intent to commit a felony D. at daytime Ans: B Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.

Cognitive Domain: Comprehension Answer Location: Burglary Difficulty Level: Medium 32. Which of the following burglary statutes does generally list various circumstances as deserving enhanced punishment, including nighttime burglary of a dwelling or possession of a dangerous weapon?

A. aggravated first-degree B. second-degree C. third-degree D. least serious grade Ans: A Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.

Cognitive Domain: Comprehension Answer Location: Aggravated Burglary Difficulty Level: Easy 33. Which of the following burglary statutes does typically involve entry with the intent to commit a misdemeanor or nonviolent felony?

A. aggravated first-degree B. second-degree C. third-degree D. least serious grade Ans: D Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.

Cognitive Domain: Comprehension Answer Location: Aggravated Burglary Difficulty Level: Easy 34. Which one of the following is NOT considered to be interests protected by the crime of burglary?

A. home B. personal property C. safety D. escalation Ans: B Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.

Cognitive Domain: Comprehension

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Answer Location: Aggravated Burglary Difficulty Level: Medium 35. ______ trespass is the unauthorized entry of an individual who “intentionally and without authorization” accesses a computer, computer system, or network with the intent to delete, damage, destroy, or disrupt a computer, computer system, or computer network.

A. Criminal B. Defiant C. Computer D. Felony Ans: C Learning Objective: 9-11: Criminal mischief requires substantial damage to property.

Cognitive Domain: Knowledge Answer Location: Trespass Difficulty Level: Easy 36. When an individual knowingly enters or remains on the premises after receiving notice that he or she is trespassing, it is referred to as ______.

A. criminal trespass B. defiant trespass C. computer trespass D. felony trespass Ans: D Learning Objective: 9-11: Criminal mischief requires substantial damage to property.

Cognitive Domain: Application Answer Location: Trespass Difficulty Level: Medium 37. What is the mens rea of arson?

A. negligence B. hatred C. malice D. dislike Ans: C Learning Objective: 9-12: Know the mens rea and actus reus of arson.

Cognitive Domain: Knowledge Answer Location: Willful and Malicious Difficulty Level: Easy 38. Which of the following does NOT satisfy the requirement for common law arson?

A. a negligent and involuntary burning B. an involuntary burning and willful burning C. a willful burning and malicious burning D. a malicious burning and voluntary burning Ans: A

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Learning Objective: 9-12: Know the mens rea and actus reus of arson.

Cognitive Domain: Application Answer Location: Arson Difficulty Level: Medium 39. Which one of the following are acts that compose criminal mischief according to the Model Penal Code?

A. removing a stop light B. injury to property from a flood C. tricking an individual into spending money unnecessarily D. striking a pedestrian on purpose Ans: D Learning Objective: 9-13: State the law of criminal mischief and the three categories of acts that constitute criminal mischief under the Model Penal Code.

Cognitive Domain: Application Answer Location: Criminal Mischief Difficulty Level: Medium

True/False 1. Generally, a person must move an automobile in order to be convicted of carjacking.

Ans: F Learning Objective: 9-8: A landlord who is the owner of a home that he or she rents to a tenant is criminally liable for common law burglary if he or she breaks into the home with the intent to commit a felony.

Cognitive Domain: Comprehension Answer Location: Carjacking Difficulty Level: Easy 2. Forgery and uttering are typically limited to documents that possess legal significance.

Ans: T Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.

Cognitive Domain: Comprehension Answer Location: Forgery and Uttering Difficulty Level: Easy 3. Under the common law, arson requires a burning, but the burning does not have to destroy the property entirely.

Ans: T Learning Objective: 9-12: Know the mens rea and actus reus of arson.

Cognitive Domain: Knowledge Answer Location: Arson Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

4. Most modern statutes limit burglary to a dwelling.

Ans: F Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.

Cognitive Domain: Comprehension Answer Location: Burglary | Dwelling House Difficulty Level: Easy 5. Under the Model Penal Code, criminal mischief may be committed negligently.

Ans: F Learning Objective: 9-13: State the law of criminal mischief and the three categories of acts that constitute criminal mischief under the Model Penal Code.

Cognitive Domain: Knowledge Answer Location: Criminal Mischief | Mens Rea Difficulty Level: Easy 6. Robbery is normally described as a misdemeanor if the property stolen has little value.

Ans: F Learning Objective: 9-7: A person who pushes open a half-closed door to a house at night and while standing outside the house reaches inside with his or her arm and grabs a valuable sculpture on a table is guilty of common law burglary.

Cognitive Domain: Comprehension Answer Location: Robbery Difficulty Level: Easy 7. In order to commit defiant trespass, the perpetrator must receive clear notice that he or she is trespassing.

Ans: T Learning Objective: 9-11: Criminal mischief requires substantial damage to property.

Cognitive Domain: Knowledge Answer Location: Trespass Difficulty Level: Easy 8. Common law larceny requires a taking but does not require asportation of the property.

Ans: F Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.

Cognitive Domain: Comprehension Answer Location: Larceny | Asportation Difficulty Level: Easy 9. In order to satisfy the actus reus of receiving stolen property, the perpetrator must be in control of the property for at least 24 hr.

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Ans: F Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.

Cognitive Domain: Comprehension Answer Location: Receiving Stolen Property | Actus Reus Difficulty Level: Medium 10. A person who embezzles property is initially in lawful possession of the property before fraudulently converting it.

Ans: T Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.

Cognitive Domain: Comprehension Answer Location: Embezzlement Difficulty Level: Easy 11. Embezzlement is the trespassory taking and carrying away of personal property of another with the intent to permanently deprive the individual of the possession of the property.

Ans: F Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.

Cognitive Domain: Knowledge Answer Location: Larceny Difficulty Level: Easy 12. Larceny may be accomplished through an innocent party.

Ans: T Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.

Cognitive Domain: Knowledge Answer Location: Asportation Difficulty Level: Easy 13. The mens rea of larceny is the intent to temporarily deprive another of the property.

Ans: F Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.

Cognitive Domain: Knowledge Answer Location: Property of Another Difficulty Level: Easy 14. The penalty for stealing property may be increased where the stolen items belong to a child or to the government.

Ans: F

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Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.

Cognitive Domain: Comprehension Answer Location: Grades of Larceny Difficulty Level: Easy 15. Embezzlement is the unlawful conversion of the property of another by an individual in the possession of the property.

Ans: T Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.

Cognitive Domain: Knowledge Answer Location: Embezzlement Difficulty Level: Easy 16. Asportation is not required for larceny.

Ans: F Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.

Cognitive Domain: Comprehension Answer Location: Larceny Difficulty Level: Medium 17. Receiving stolen property traditionally was limited to goods that were taken and carried away in an act of embezzlement.

Ans: T Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.

Cognitive Domain: Comprehension Answer Location: Receiving Stolen Property Difficulty Level: Medium 18. Forgery and uttering are usually included in the same statute.

Ans: T Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.

Cognitive Domain: Comprehension Answer Location: Forgery and Uttering Difficulty Level: Easy 19. The major difference between robbery and larceny is the value of the property.

Ans: F Learning Objective: 9-7: A person who pushes open a half-closed door to a house at night and while standing outside the house reaches inside with his or her arm and grabs a valuable sculpture on a table is guilty of common law burglary.

Cognitive Domain: Comprehension

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Answer Location: Robbery Difficulty Level: Easy 20. Second-degree burglary includes nighttime burglary of a dwelling, the possession of a dangerous weapon, or the infliction of injury to others Ans: F Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.

Cognitive Domain: Knowledge Answer Location: Aggravated Burglary Difficulty Level: Easy

Short Answer 1. What is the difference between criminal trespassing and defiant trespassing?

Ans: Criminal trespassing is any unauthorized entry or remaining on the land or premises of another. Defiant trespassing occurs when an individual knowingly enters or remains on the premises after receiving a clear notice that he or she is trespassing.

Learning Objective: 9-11: Criminal mischief requires substantial damage to property.

Cognitive Domain: Comprehension Answer Location: Trespass Difficulty Level: Medium 2. What are some of the differences in the established various rules to distinguish possession from custody?

Ans: Possession means physical control over property with the ability to freely use and enjoy the property. On the other hand, custody is the temporary and limited right to control property.

Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.

Cognitive Domain: Analysis Answer Location: Larceny Difficulty Level: Medium 3. How does the MPC consolidates larceny and embezzlement?

Ans: The phrase “unlawfully takes” is directed at larceny, while the exercise of “unlawful control” over the property of another is directed at embezzlement. In both instances, the defendant must be shown to possess an intent to “deprive” another of the property. This includes an intent to permanently deprive the other individual of the property as well as treating property in a manner that deprives another of its use and enjoyment.

Learning Objective: 9-2: It is embezzlement if you find and permanently keep property that has been lost by the owner.

Cognitive Domain: Comprehension Answer Location: Embezzlement

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Difficulty Level: Medium 4. Distinguished between grand larceny and petit larceny.

Ans: States differ on the dollar amount separating petit and grand larceny. Grand larceny was the stealing of goods worth more than 12 pence, the price of a single sheep. The death penalty applied only to grand larceny.

Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.

Cognitive Domain: Comprehension Answer Location: Grades of Larceny Difficulty Level: Easy 5. What is the standard for determining whether an individual knows or honestly believes property is stolen?

Ans: Whether a reasonable person would have known or possessed an awareness.

Learning Objective: 9-5: The only difference between robbery and larceny is that robbery involves the use of force to remove an object from a person.

Cognitive Domain: Comprehension Answer Location: Grades of Larceny Difficulty Level: Easy 6. What differentiates carjacking from robbery?

Ans: Carjacking does not require the intent to permanently deprive.

Learning Objective: 9-8: A landlord who is the owner of a home that he or she rents to a tenant is criminally liable for common law burglary if he or she breaks into the home with the intent to commit a felony.

Cognitive Domain: Comprehension Answer Location: Carjacking Difficulty Level: Medium 7. What is the difference between extortion and bribery?

Ans: Extortion involves taking money, property, or anything of value from another through threat of violence or harm. In bribery, money or a valuable benefit is offered or provided to a public official in return for an official’s action or inaction.

Learning Objective: 9-9: A conviction for the crime of trespass requires an unauthorized entry onto the property of another with the intent to commit a misdemeanor or felony on the property adjacent to the home.

Cognitive Domain: Comprehension Answer Location: Extortion Difficulty Level: Medium 8. How has the intent standard for burglary changed in the recent legal codes?

Ans: The intent standard has been broadened under various statutes to include “any offense” or a “felony or misdemeanor theft.” Also, burglary is no longer required to be committed at night.

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.

Cognitive Domain: Comprehension Answer Location: Chapter Summary Difficulty Level: Medium 9. What is the common grading of arson?

Ans: Arson and aggravated arson Learning Objective: 9-12: Know the mens rea and actus reus of arson.

Cognitive Domain: Knowledge Answer Location: Arson Difficulty Level: Easy 10. What explains the disparity in punishments of criminal mischief?

Ans: Punishment is reduced or increased based on the dollar amount of damages.

Learning Objective: 9-13: State the law of criminal mischief and the three categories of acts that constitute criminal mischief under the Model Penal Code.

Cognitive Domain: Comprehension Answer Location: Criminal Mischief Difficulty Level: Medium

Essay 1. What are the elements of larceny?

Ans: The six elements of larceny are (1) trespassory, (2) taking and, (3) carrying away of the, (4) personal property of another with the, (5) intent to permanently deprive that individual of, and (6) possession of the property.

Learning Objective: 9-1: Larceny may be committed by reaching into an individual’s pocket without his or her consent and moving the individual’s wallet several inches.

Cognitive Domain: Knowledge Answer Location: Larceny Difficulty Level: Easy 2. One evening, Benjamin is walking through a neighborhood when he decides he is going to break into a home and steal belongings inside. Benjamin breaks a window and enters the home. Once inside, he takes more than $10,000 worth of property. While trying to escape, Benjamin is arrested. With what common law crime would Benjamin be charged, and what are the elements of the crime? Would the prosecutor be successful in arguing that this is an aggravated offense under modern statutes? Why or why not?

Ans: Benjamin would be charged with common law burglary. Students must explain how each of the elements of common law burglary is fulfilled: breaking, entering, dwelling house of another, nighttime, intent to commit a felony. Under modern statutes, the fact that the crime was committed at night makes it aggravated burglary.

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Learning Objective: 9-10: The common law crime of arson required an actual burning, and smoke damage was not sufficient to constitute arson.

Cognitive Domain: Analysis Answer Location: Burglary Difficulty Level: Medium 3. Wanda and her friends decide it will be fun to burn down an abandoned building. One Friday evening, they arrive at the building, pour gasoline in and around the property, and set the building on fire. The fire spreads to a nearby home, killing two children inside. Wanda and her friends are arrested. With what crime will Wanda and her friends be charged? Will the prosecutor be successful in arguing that this is an aggravated offense? Why or why not?

Ans: Wanda and her friends will be charged with arson. Students must fully explain whether the elements of arson are sufficiently fulfilled: burning, dwelling of another, willful, and malicious intent. Students may argue aggravated arson because under modern statutes, it is considered that fire poses danger to firefighters, neighbors, and surrounding structures.

Learning Objective: 9-12: Know the mens rea and actus reus of arson.

Cognitive Domain: Analysis Answer Location: Arson Difficulty Level: Medium 4. Jack and Jill needed money to pay off a gambling debt. Jack created documents that he claimed to be recently found drawings and poems by John Lennon. Jill went online and sold the drawings and poems for thousands of dollars. Name and define the crime that Jack has committed. What are the elements needed to establish Jack’s crime?

Name and define the crime that Jill has committed. What are the elements needed to establish Jill’s crime?

Ans: Jack committed forgery, creating a false legal document or the material modification of an existing legal document with the intent to deceive and defraud others.

Jill committed uttering by offering a forged document that is known to be false and presented as authentic with the intent to defraud or deceive.

Learning Objective: 9-6: There is no difference between extortion and blackmail other than that blackmail requires the use or threat of force.

Cognitive Domain: Application Answer Location: Forgery Difficulty Level: Medium 5. Chris’s friends have dared him to remove a stop sign from a neighborhood. That evening, Chris walks through his ex-girlfriend’s neighborhood and decides to take the stop sign at a busy intersection. The next morning, Chris read that there were four accidents at the site where he removed the sign. With what crime will Chris be charged?

What are the three types of acts for this crime? Which of these acts most closely characterizes Chris’s criminal behavior, and why?

Ans: Chris will be charged with malicious mischief. The three types of acts for this crime are (1) destruction or damage to tangible property--injury to property, (2) tampering with

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

tangible property so as to endanger a person or property--interference with property that creates a danger, and (3) deception or threat causing financial loss. Students should evaluate Chris’s criminal behavior according to one of the three types of acts with the mens rea of either purposely or recklessly, but reckless tampering with tangible property so as to endanger a person or property may be the most common answer.

Learning Objective: 9-13: State the law of criminal mischief and the three categories of acts that constitute criminal mischief under the Model Penal Code.

Cognitive Domain: Application Answer Location: Criminal Mischief Difficulty Level: Medium

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Chapter 10: White-Collar and Organized Crime Test Bank Multiple Choice 1. Which of the following crimes is defined as an unauthorized access to programs and databases and unlawfully obtaining information through deceit and trickery?

A. identity theft B. computer theft C. computer crime D. identity crime Ans: C Learning Objective: 10-14: List the various types of computer crime.

Cognitive Domain: Knowledge Answer Location: Computer Crime Difficulty Level: Easy 2. The principle that every working person should be guaranteed safe and healthful working conditions is expressed in which of the following acts?

A. Environmental Crimes Act B. Securities Fraud Act C. Occupational Safety and Health Act D. Health Fraud Act Ans: C Learning Objective: 10-4: The purchase of a stock in the company in which an individual is employed constitutes the crime of insider trading.

Cognitive Domain: Knowledge Answer Location: Occupational Safety and Health Difficulty Level: Easy 3. In 1970, ______ statute was developed to counter the infiltration of legitimate businesses engaged in interstate commerce by organized crime.

A. identity theft B. antitrust violation C. copyright violation D. RICO Ans: D Learning Objective: 10-16: Know the purpose of RICO and the types of acts prohibited under RICO. Cognitive Domain: Knowledge Answer Location: Racketeer Influenced and Corrupt Organizations Difficulty Level: Easy

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4. The high duty of care that corporate executives and boards possess to safeguard and to protect the investment of stockholders is known as ______.

A. fiduciary relationship B. corporate duty C. financial relationship D. financial duty Ans: A Learning Objective: 10-5: State governments have sole and exclusive jurisdiction over fraudulent business practices.

Cognitive Domain: Knowledge Answer Location: Securities Fraud | Insider Trading Difficulty Level: Easy 5. The purchase or sale of securities based on information that is not available to the public at large is known as ______.

A. financial relationship B. insider trading C. open trading D. securities fraud Ans: B Learning Objective: 10-5: State governments have sole and exclusive jurisdiction over fraudulent business practices.

Cognitive Domain: Knowledge Answer Location: Securities Fraud | Insider Trading Difficulty Level: Easy 6. Which doctrine states that corporate officials must publicly reveal information to the public relating to the economic condition of a corporation before they buy or sell the company’s stock?

A. misappropriation B. stock fraud C. securities fraud D. disclose or abstain Ans: D Learning Objective: 10-5: State governments have sole and exclusive jurisdiction over fraudulent business practices.

Cognitive Domain: Knowledge Answer Location: Securities Fraud | Insider Trading Difficulty Level: Easy 7. ______ authorizes the federal government to prosecute what ordinarily are considered the criminal offenses of gambling, the illegal shipment and sale of alcohol, extortion, bribery, arson, prostitution, money laundering, and controlled substances.

A. Mail Act B. Payola Act C. Travel Act

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D. Securities Act Ans: C Learning Objective: 10-7: There is no legal prohibition on a bank accepting deposits that are known to be the proceeds of unlawful narcotics trafficking so long as the money is not counterfeit.

Cognitive Domain: Knowledge Answer Location: Travel Act Difficulty Level: Easy 8. The content of books, films, artistic works, musical scores, and other “products of the mind” are known as ______.

A. intellectual property B. copyrights C. trademarks D. fiduciary property Ans: A Learning Objective: 10-15: Explain the purpose of the criminal law in protecting intellectual property, trademarks, and trade secrets.

Cognitive Domain: Knowledge Answer Location: Theft of Intellectual Property Difficulty Level: Easy 9. ______ type of crime involves creating some false source of income that accounts for the money used to buy a house, purchase a car, or open a bank account.

A. health-care fraud B. securities fraud C. money laundering D. mail fraud Ans: C Learning Objective: 10-10: There is no significant difference between the crime of bribery of a public official and the crime of extortion of a public official.

Cognitive Domain: Knowledge Answer Location: Money Laundering Difficulty Level: Easy 10. ______ act requires the heads of corporations to certify that their firms’ financial reports are accurate A. Payola B. Sherman (Antitrust) C. Sarbanes-Oxley D. Truman Antitrust Ans: C Learning Objective: 10-5: State governments have sole and exclusive jurisdiction over fraudulent business practices.

Cognitive Domain: Knowledge Answer Location: Securities Fraud | Insider Trading

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Difficulty Level: Easy 11. Which Supreme Court case affirmed that corporations could be held criminally liable under the Federal Food and Drugs Act? A. United States v. O’Hagan B. United States v. Carpenter C. United States v. Dotterweich D. United States v. Duff Ans: C Learning Objective: 10-1: White-collar crime is defined as any criminal offense committed by a wealthy individual.

Cognitive Domain: Knowledge Answer Location: Corporate Criminal Liability Difficulty Level: Easy 12. Which one of the following can impose criminal liability in those instances that the criminal conduct is authorized, requested, commanded, performed, or recklessly tolerated by the board of directors or by a high managerial official acting on behalf of a corporation?

A. Model Penal Code 2.07 B. Respondeat superior C. Corporate superior D. Managerial superior Ans: A Learning Objective: 10-1: White-collar crime is defined as any criminal offense committed by a wealthy individual.

Cognitive Domain: Knowledge Answer Location: Corporate Criminal Liability Difficulty Level: Easy 13. Which one of the U.S. Departments agreed not to pursue a criminal prosecution against the corporation so long as the corporation agrees to institute reforms to prevent additional criminal conduct and to pay a fine?

A. Department of Labor B. Department of Homeland Security C. Department of Treasury D. Department of Justice Ans: D Learning Objective: 10-2: Air and water pollution unlike the failure to safely dispose of toxic chemicals is penalized by civil fines and is not subject to criminal prosecution.

Cognitive Domain: Knowledge Answer Location: Corporate Criminal Liability Difficulty Level: Medium 14. Which of the following is NOT an element of white-collar crime?

A. to avoid the payment or loss of money

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B. to obtain money, property, or service C. to secure a business or professional advantage D. to betray somebody’s trust Ans: D Learning Objective: 10-1: White-collar crime is defined as any criminal offense committed by a wealthy individual.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 15. One of the reasons why textbooks generally do not devote significant attention to white-collar crime is because ______.

A. white-collar crime is one of the least active areas of federal prosecution B. white-collar crime is not a distinct category of crime C. these cases are difficult to solve D. there is no enough human resource Ans: B Learning Objective: 10-1: White-collar crime is defined as any criminal offense committed by a wealthy individual.

Cognitive Domain: Comprehension Answer Location: Introduction Difficulty Level: Medium 16. The mens rea for most of the environmental statutes is ______.

A. recklessly committing the prohibited act B. negligently committing the prohibited act C. knowingly committing the prohibited act D. negligently committing the permitted act Ans: C Learning Objective: 10-3: The Occupational Safety and Health Act focuses on workers’ exposure to illness, disease, and injury and does not address death on the job.

Cognitive Domain: Comprehension Answer Location: Environmental Crime Difficulty Level: Medium 17. Which of the following imposes criminal penalties for improper discharge of refuse (foreign substances and pollutants) into navigable or tributary waters of the United States?

A. Refuse Act B. Clean Water Act C. Federal Insecticide, Fungicide, and Rodenticide Act D. Resource Conservation and Recovery Act Ans: A Learning Objective: 10-3: The Occupational Safety and Health Act focuses on workers’ exposure to illness, disease, and injury and does not address death on the job.

Cognitive Domain: Comprehension

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Answer Location: Environmental Crime Difficulty Level: Medium 18. Which of the following was NOT one of the most dangerous industry sectors in 2016?

A. public safety B. transportation C. forestry D. constructions Ans: A Learning Objective:10-3: Learning Objective: 10-3: The Occupational Safety and Health Act focuses on workers’ exposure to illness, disease, and injury and does not address death on the job.

Cognitive Domain: Application Answer Location: Occupational Safety and Health Difficulty Level: Medium 19. Which one of the following rules states that corporate officials must publicly reveal information to the public relating to the economic condition of a corporation before they buy or sell the company’s stock.

A. misappropriation B. stock fraud C. securities fraud D. disclose or abstain Ans: D Learning Objective: 10-5: State governments have sole and exclusive jurisdiction over fraudulent business practices.

Cognitive Domain: Comprehension Answer Location: Insider Trading Difficulty Level: Easy 20. ______ requires the heads of corporations to certify that their firms’ financial reports are accurate.

A. Payola Act B. Sherman (Antitrust) Act C. Sarbanes-Oxley Act D. Truman Antitrust Act Ans: C Learning Objective: 10-6: It is unlawful for a health care provider to bill federal insurance for unnecessary medical procedures.

Cognitive Domain: Comprehension Answer Location: Insider Trading Difficulty Level: Easy 21. Corporate executives and corporate boards of directors possess a(n) ______ to safeguard and to protect the investments of stockholders.

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A. corporate profits rise B. fiduciary relationship C. investigation D. financial penalties Ans: B Learning Objective: 10-5: State governments have sole and exclusive jurisdiction over fraudulent business practices.

Cognitive Domain: Comprehension Answer Location: Insider Trading Difficulty Level: Medium 22. ______ is an intentional and knowing misrepresentation of a material (important) fact intended to induce another person to hand over money or property A. Fraud B. Insider trading C. Embezzlement D. Forgery Ans: A Learning Objective: 10-6: It is unlawful for a health care provider to bill federal insurance for unnecessary medical procedures.

Cognitive Domain: Knowledge Answer Location: Mail and Wire Fraud Difficulty Level: Medium 23. Which of the following must NOT a prosecutor demonstrate for a conviction of mail fraud?

A. scheme B. money or property C. mail D. wire Ans: D Learning Objective: 10-6: It is unlawful for a health care provider to bill federal insurance for unnecessary medical procedures.

Cognitive Domain: Knowledge Answer Location: Mail and Wire Fraud Difficulty Level: Easy 24. Which of the following is NOT part of the functions of the Consumer Financial Protection Bureau (CFPB)?

A. rehabilitate conspirators B. research consumer behavior C. take consumer complaints D. promote financial education Ans: A Learning Objective: 10-6: It is unlawful for a health care provider to bill federal insurance for unnecessary medical procedures.

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Cognitive Domain: Comprehension Answer Location: Mail and Wire Fraud Difficulty Level: Medium 25. With ______, the individuals involving spreading false information sell the shares that they inexpensively purchased for a significant profit.

A. mail B. wire C. pump and dump D. graft Ans: C Learning Objective: 10-5: State governments have sole and exclusive jurisdiction over fraudulent business practices.

Cognitive Domain: Knowledge Answer Location: Insider Trading Difficulty Level: Easy 26. Which one of the following criminal acts cannot be prosecuted under the Travel Act? A. prostitution B. money laundering C. illegal shipment of alcohol D. burglary Ans: D Learning Objective: 10-7: There is no legal prohibition on a bank accepting deposits that are known to be the proceeds of unlawful narcotics trafficking so long as the money is not counterfeit.

Cognitive Domain: Application Answer Location: The Travel Act Difficulty Level: Medium 27. Which one of the following punishments is NOT associated with health-care fraud?

A. a fine and imprisonment of up to 10 years B. imprisonment of up to 20 years if a serious injury is caused C. death, if in a state that authorizes capital punishment D. life in prison if death is caused Ans: C Learning Objective: 10-8: It is not a crime for several corporations to agree to charge the same price for an item to prevent price competition so long as the price of the item is sufficiently low that it benefits consumers.

Cognitive Domain: Application Answer Location: Health Care Fraud Difficulty Level: Medium 28. One example of Sherman Antitrust Act is ______?

A. washing of money B. price-fixing

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C. insider trading D. identify theft Ans: B Learning Objective: 10-9: The federal government has exclusive jurisdiction over computer crime including computer hacking, trespass, and tampering.

Cognitive Domain: Application Answer Location: Antitrust Violations Difficulty Level: Medium 29. Which of the following is NOT a crime which the perpetrators of identity theft typically are also in violation of statutes of?

A. health-care fraud B. wire fraud C. mail fraud D. credit card fraud Ans: A Learning Objective: 10-12: Explain the elements of identity theft.

Cognitive Domain: Application Answer Location: Identity Theft Difficulty Level: Medium 30. Which of the following states does NOT have higher identity theft complaints rate?

A. Texas B. Michigan C. Delaware D. Florida Ans: A Learning Objective: 10-12: Explain the elements of identity theft.

Cognitive Domain: Application Answer Location: Identity Theft Difficulty Level: Medium 31. Thomas directed the manufacture and distribution of cocaine at two crack houses.

He then deposited the profits in cash into various accounts, listed under the name of the Youth Club Organization, in which the proceeds of legitimate activities also were deposited. Funds were used for organization expenses as well as for Thomas’ rent; credit card charges; and purchases of automobiles, cellular phones, and beepers used to direct the sale of cocaine. Thomas is charged with what type of crime along with several drug charges?

A. computer crime B. money laundering C. tax crime D. identify theft Ans: B

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Learning Objective: 10-10: There is no significant difference between the crime of bribery of a public official and the crime of extortion of a public official. Cognitive Domain: Application Answer Location: Money Laundering Difficulty Level: Medium 32. ______ is also called as structuring offense or illegal structuring.

A. Computer crime B. Money laundering C. Tax crime D. Currency violation Ans: D Learning Objective: 10-13: Know the basic elements of currency violations and tax crimes.

Cognitive Domain: Comprehension Answer Location: Currency Violations Difficulty Level: Medium 33. Who was NOT convicted of tax crime?

A. Paul Manafort B. Michael Cohen C. Robert Mueller D. James Comey Ans: C Learning Objective: 10-13: Know the basic elements of currency violations and tax crimes.

Cognitive Domain: Comprehension Answer Location: Currency Violations Difficulty Level: Easy 34. Which one of the activities cannot be punished by computer crime statutes?

A. copying software without authorization B. falsifying e-mail transmissions in connection with the sending of unsolicited bulk email C. causing a computer to malfunction D. the unauthorized carrying away of a personal computer Ans: D Learning Objective: 10-14: List the various types of computer crime.

Cognitive Domain: Comprehension Answer Location: Computer Crime Difficulty Level: Easy 35. What case caused state legislatures and the federal government to pass statutes addressing computer theft and crime?

A. People v. Braverman B. Lund v. Commonwealth

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C. Commonwealth v. Edison D. Miller v. Virginia Polytechnic Institute Ans: B Learning Objective: 10-14: List the various types of computer crime.

Cognitive Domain: Comprehension Answer Location: Computer Crime Difficulty Level: Easy 36. ______ is the intentional entrance into a computer system without permission and with the intent to cause injury to an individual.

A. Computer hacking B. Spam C. Computer tempering D. Computer trespass Ans: D Learning Objective: 10-14: List the various types of computer crime.

Cognitive Domain: Comprehension Answer Location: Computer Crime Difficulty Level: Easy 37. Which of the following is NOT an important provision related to computer fraud?

A. prohibits knowingly and with intent to defraud, trafficking in passwords to permit unauthorized access to a government computer B. proclaims knowingly transmitting a commercial, unsolicited e-mail that contains false or misleading information on a subject line C. proclaims that it is unlawful to transmit in interstate commerce any threat to cause damage to a protected computer with the intent to extort something of value D. intentionally accessing a computer without authorization and obtaining information Ans: B Learning Objective: 10-14: List the various types of computer crime.

Cognitive Domain: Comprehension Answer Location: Computer Crime Difficulty Level: Medium 38. ______ refers to the content of books, films, artistic works, musical scores, and other products of the mind.

A. Tangible property B. Intangible property C. Intellectual property D. Unintellectual property Ans: C Learning Objective: 10-15: Explain the purpose of the criminal law in protecting intellectual property, trademarks, and trade secrets.

Cognitive Domain: Comprehension Answer Location: Theft of Intellectual Property Difficulty Level: Medium

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39. ______ holds defendants responsible for all acts of racketeering undertaken as part of a criminal enterprise.

A. Gebardi rule B. Pinkerton rule C. RICO D. Wharton’s rule Ans: C Learning Objective: 10-16: Know the purpose of RICO and the types of acts prohibited under RICO. Cognitive Domain: Knowledge Answer Location: Conspiracy Prosecution Difficulty Level: Easy 40. The ______ safeguards the rights of authors in books, films, and songs that have been published.

A. Travel Act B. Payola Act C. Mail Act D. Copyright Act Ans: D Learning Objective: 10-15: Explain the purpose of the criminal law in protecting intellectual property, trademarks, and trade secrets.

Cognitive Domain: Knowledge Answer Location: Copyright Difficulty Level: Easy

True/False 1. The mens rea for environmental crimes is negligently committing the prohibited act.

Ans: F Learning Objective: 10-3: The Occupational Safety and Health Act focuses on workers’ exposure to illness, disease, and injury and does not address death on the job.

Cognitive Domain: Knowledge Answer Location: Environmental Crimes Difficulty Level: Easy 2. The requirements for mail and wire fraud are similar, except that a mail communication must cross interstate or foreign boundaries.

Ans: F Learning Objective: 10-6: It is unlawful for a health care provider to bill federal insurance for unnecessary medical procedures.

Cognitive Domain: Comprehension Answer Location: Mail and Wire Fraud Difficulty Level: Medium

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3. A bank must report to the IRS any cash transaction of more than $5,000.

Ans: F Learning Objective: 10-13: Know the basic elements of currency violations and tax crimes.

Cognitive Domain: Comprehension Answer Location: Currency Violations Difficulty Level: Easy 4. Approximately 15% of identify thefts are committed by family, friends, neighbors, or coworkers of the victim.

Ans: T Learning Objective: 10-12: Explain the elements of identity theft.

Cognitive Domain: Knowledge Answer Location: Identity Theft Difficulty Level: Easy 5. It is a violation of federal law to receive a payment for directing a patient to a healthcare provider.

Ans: T Learning Objective: 10-8: It is not a crime for several corporations to agree to charge the same price for an item to prevent price competition so long as the price of the item is sufficiently low that it benefits consumers.

Cognitive Domain: Comprehension Answer Location: Health Care Fraud Difficulty Level: Easy 6. Under the Clean Water Act, it is illegal to knowingly store, make use of, or dispose of hazardous waste without a permit.

Ans: F Learning Objective: 10-3: The Occupational Safety and Health Act focuses on workers’ exposure to illness, disease, and injury and does not address death on the job.

Cognitive Domain: Comprehension Answer Location: Environmental Crimes Difficulty Level: Easy 7. The spreading of false information about a company to drive up stock prices and sell previously inexpensive stocks for a significant profit is known as “pump and dump.”

Ans: T Learning Objective: 10-5: State governments have sole and exclusive jurisdiction over fraudulent business practices.

Cognitive Domain: Knowledge Answer Location: Securities Fraud | Insider Trading Difficulty Level: Easy 8. The Department of Justice limits white-collar crime to employment-related offenses.

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Ans: F Learning Objective: 10-1: White-collar crime is defined as any criminal offense committed by a wealthy individual.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 9. The mens rea of computer trespass requires the intent to cause injury to an individual.

Ans: T Learning Objective: 10-14: List the various types of computer crime.

Cognitive Domain: Comprehension Answer Location: Computer Crime Difficulty Level: Easy 10. Under the respondeat superior doctrine, a corporation may be held liable for the acts of employees only where the acts are contrary to corporate policy.

Ans: F Learning Objective: 10-2: Air and water pollution unlike the failure to safely dispose of toxic chemicals is penalized by civil fines and is not subject to criminal prosecution.

Cognitive Domain: Comprehension Answer Location: Corporate Criminal Liability Difficulty Level: Medium 11. A corporate crime may result in the criminal conviction of the employee committing the offense, but the corporation will never be convicted.

Ans: F Learning Objective: 10-2: Air and water pollution unlike the failure to safely dispose of toxic chemicals is penalized by civil fines and is not subject to criminal prosecution.

Cognitive Domain: Comprehension Answer Location: Corporate Criminal Liability Difficulty Level: Easy 12. Most white-collar crime prosecutions are undertaken by local governments.

Ans: F Learning Objective: 10-1: White-collar crime is defined as any criminal offense committed by a wealthy individual.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 13. Injury to workers is one type of environmental crime.

Ans: F Learning Objective: 10-3: The Occupational Safety and Health Act focuses on workers’ exposure to illness, disease, and injury and does not address death on the job.

Cognitive Domain: Knowledge

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Answer Location: Environmental Crime Difficulty Level: Easy 14. OSHA primarily relies on incarceration and financial penalties to ensure compliance.

Ans: F Learning Objective: 10-4: The purchase of a stock in the company in which an individual is employed constitutes the crime of insider trading.

Cognitive Domain: Compression Answer Location: Occupational Safety and Health Difficulty Level: Easy 15. The misappropriation doctrine expands the law beyond individuals who work for a corporation and criminally punishes all individuals who take and use inside corporate information that is in the possession of their employer.

Ans: T Learning Objective: 10-5: State governments have sole and exclusive jurisdiction over fraudulent business practices.

Cognitive Domain: Knowledge Answer Location: Insider Trading Difficulty Level: Easy 16. The Travel Act prohibits the payment of money to radio station employees for the inclusion of material as part of a program unless the payment is disclosed to the recipient’s employer.

Ans: F Learning Objective: 10-7: There is no legal prohibition on a bank accepting deposits that are known to be the proceeds of unlawful narcotics trafficking so long as the money is not counterfeit.

Cognitive Domain: Knowledge Answer Location: Travel Act Difficulty Level: Easy 17. Identity theft statutes typically require that an individual knowingly uses the identification of another individual.

Ans: T Learning Objective: 10-12: Explain the elements of identity theft.

Cognitive Domain: Knowledge Answer Location: Identity Theft Difficulty Level: Easy 18. Access device fraud is a federal crime in which individuals knowingly with the intent to defraud to produce a counterfeit access device or to use or traffic in counterfeit access devices.

Ans: T Learning Objective: 10-11: Understand access device fraud.

Cognitive Domain: Knowledge

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Answer Location: Access Device Fraud Difficulty Level: Easy 19. Criminal liability under tax crime statutes requires that an individual act recklessly.

Ans: F Learning Objective: 10-13: Know the basic elements of currency violations and tax crimes Cognitive Domain: Comprehension Answer Location: Tax Crime Difficulty Level: Easy 20. Racketeer Influenced and Corrupt Organizations (RICO) was enacted to punish the domestic theft of trade secrets and prohibit the theft of trade secrets by foreign governments.

Ans: F Learning Objective: 10-16: Know the purpose of RICO and the types of acts prohibited under RICO. Cognitive Domain: Comprehension Answer Location: Tax Crime Difficulty Level: Medium

Short Answer 1. What are the two primary tests for determining whether a corporation should be criminally liable under the statute?

Ans: Respondeat superior or the responsibility of a superior and the Model Penal Code Section 1.07.

Learning Objective: 10-2: Air and water pollution unlike the failure to safely dispose of toxic chemicals is penalized by civil fines and is not subject to criminal prosecution.

Cognitive Domain: Knowledge Answer Location: Corporate Criminal Liability Difficulty Level: Easy 2. How are those convicted of white-collar crime sentenced?

Ans: Just like anyone else.

Learning Objective: 10-1: White-collar crime is defined as any criminal offense committed by a wealthy individual.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 3. What is the Occupational Safety and Health Act? Ans: The Occupational Safety and Health Act guaranteed safe and healthful working conditions.

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Learning Objective: 10-4: The purchase of a stock in the company in which an individual is employed constitutes the crime of insider trading.

Cognitive Domain: Comprehension Answer Location: Occupational Safety and Health Difficulty Level: Easy 4. What is the difference between tippers and tippees?

Ans: Tippers are individuals who transmit information regarding insider trading, whereas tippees are individuals who receive the information regarding insider trading.

Learning Objective: 10-5: State governments have sole and exclusive jurisdiction over fraudulent business practices.

Cognitive Domain: Comprehension Answer Location: Insider Trading Difficulty Level: Easy 5. What is the similarity and difference between mail and wire fraud?

Ans: Mail and wire fraud prosecutions range from fraudulent misrepresentations of the value of land and the quality of jewelry to offering and selling nonexistent merchandise.

The common element in these schemes that permits the assertion of federal jurisdiction is the use of the U.S. mail or wires across state lines (phone, radio, and television). The requirements of mail and wire fraud are similar, with the exception that the wire communication must cross interstate or foreign boundaries.

Learning Objective: 10-6: It is unlawful for a health care provider to bill federal insurance for unnecessary medical procedures.

Cognitive Domain: Comprehension Answer Location: Insider Trading Difficulty Level: Medium 6. Name two elements of money laundering.

Ans: (1) The defendant knowingly engaged or attempted to engage in a monetary transaction; (2) the defendant knew the transaction involved the “profits” (funds or property) from one or more of a long list of criminal activities listed in the statute; (3) the transaction was intended to conceal or disguise the source of the money or property; or (4) the transaction was intended to promote the carrying on of a specified unlawful activity.

Learning Objective: 10-10: There is no significant difference between the crime of bribery of a public official and the crime of extortion of a public official. Cognitive Domain: Comprehension Answer Location: Money Laundering Difficulty Level: Easy 7. List three types of tax crimes.

Ans: (1) Tax Evasion, (2) Failure to Collect Taxes, (3) False Returns, (4) Failure to File a Return, and (5) Tax Preparer.

Learning Objective: 10-13: Know the basic elements of currency violations and tax crimes.

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Cognitive Domain: Comprehension Answer Location: Tax Crime Difficulty Level: Easy 8. Identify some of the differences between identity theft and computer crimes?

Ans: Identity theft is the theft of one’s name and other identifying information that could lead to economic damage. Computer crimes are crimes committed using a computer that include unauthorized access to programs and databases and unlawfully obtaining personal information through deceit and trickery. Identity theft can be committed by using a computer.

Learning Objective: 10-14: List the various types of computer crime.

Cognitive Domain: Analysis Answer Location: Computer Crimes Difficulty Level: Medium 9. What is the difference between intellectual property, trademarks, and trade secret?

Ans: Intellectual property refers to the content of books, films, artistic works, musical scores, and other “products of the mind.” A trademark is a specific word, phrase, symbol, or logo used to label a commercial product and to distinguish the product from competitors. A trade secret is confidential information that a business relies on for a competitive advantage.

Learning Objective: 10-15: Explain the purpose of the criminal law in protecting intellectual property, trademarks, and trade secrets.

Cognitive Domain: Comprehension Answer Location: Theft of Intellectual Property Difficulty Level: Easy 10. What are the three steps of the RICO? Ans: The first step is to define a pattern of racketeering as used in the statute. The second concept that is important in the RICO statute is an enterprise. The next step is to demonstrate a relationship between the pattern of racketeering and an enterprise engaged in interstate commerce.

Learning Objective: 10-16: Know the purpose of RICO and the types of acts prohibited under RICO. Cognitive Domain: Analysis Answer Location: Racketeer Influenced and Corrupt Organizations Difficulty Level: Medium

Essay 1. What is the Travel Act? Why does the United States have a Travel Act? What is required for a conviction under the Travel Act? Ans: The Travel Act allows the federal government to prosecute what are ordinarily considered the state criminal offenses of gambling, the illegal shipment and sale of alcohol and controlled substances, extortion, bribery, arson, prostitution, and money

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laundering. The elements of the Travel Act are (1) travel or use of the mails or some other facility in interstate or foreign commerce, (2) with the intent to commit a criminal offense listed in the Travel Act or crime of violence or to distribute the proceeds of an illegal activity, and (3) the commission of a crime or attempt to commit a crime. The United States had a Travel Act initially to assist state and local governments to combat organized crime.

Learning Objective: 10-7: There is no legal prohibition on a bank accepting deposits that are known to be the proceeds of unlawful narcotics trafficking so long as the money is not counterfeit.

Cognitive Domain: Comprehension Answer Location: The Travel Act Difficulty Level: Medium 2. What are the types of scenarios punished under RICO? Ans: There are three types of scenarios punished under RICO. First, it is a crime for any person to take income from a pattern of racketeering and use or invest that income in an enterprise engaged in interstate or foreign commerce. Second, it is a crime for any person to acquire or to maintain control of an enterprise engaged in interstate or international commerce through racketeering activity. Third, it is a crime for any person “employed by or associated” with any enterprise engaged in interstate or international commerce “to conduct or to participate in an enterprise’s affairs through a pattern of racketeering activity.”

Learning Objective: 10-16: Know the purpose of RICO and the types of acts prohibited under RICO. Cognitive Domain: Comprehension Answer Location: Racketeer Influenced and Corrupt Organizations Difficulty Level: Medium 3. What is intellectual property, and why does the law protect it?

Ans: Intellectual property is the content of books, films, artistic works, musical scores, and other “products of the mind.” Protection of intellectual property is intended to safeguard the creative product of individuals to allow the creators to profit economically from their work. In particular, copyright laws protect books, films, and songs that have been published. Trademark laws protect words, phrases, symbols, and logos used to label a commercial product and distinguish the product from competitors.

Learning Objective: 10-15: Explain the purpose of the criminal law in protecting intellectual property, trademarks, and trade secrets.

Cognitive Domain: Comprehension Answer Location: Theft of Intellectual Property Difficulty Level: Medium 4. Describe access device fraud and provide an example of how state law punishes such a crime.

Ans: Access device fraud is the fraudulent use of credit card, debit cards, ATM cards, PINs, and other means of gaining access to money, goods, and services. According to the textbook, in Pennsylvania, it is illegal to use an access device to obtain or attempt to

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obtain property or services knowing that the device is “counterfeit, altered or incomplete.” It is also illegal to use an access device that belongs to another person without that person’s authorization, and it is illegal to use an access device that has been revoked or canceled. Moreover, selling, transferring, or possessing “altered” or “counterfeit” access devices is illegal. If an unlawful transaction with an access device is valued at $500 or more, it is a felony.

Learning Objective: 10-11: Understand access device fraud.

Cognitive Domain: Comprehension Answer Location: Access Device Fraud Difficulty Level: Medium 5. Describe the five primary types of tax crimes. What is the required intent? Do these crimes have varying levels of intent?

Ans: (1) Tax evasion is the willful underpayment of taxes. An individual may be fined up to $100,000 and a corporation up to $500,000, and/or be imprisoned for up to 5 years.

Tax evasion may be characterized as failing to disclose income, overstating the value of a tax deduction. (2) Failure to collect taxes is the willful failure of an employer to collect taxes or to pay taxes owed to the IRS. (3) The filing of a false return is the willful misrepresentation of a material fact on a tax form. This is usually characterized by the failure to report income or claiming a larger tax deduction than the filer is entitled to. (4) Failure to file a return is a crime when there is a willful failure to file a return or the filer submits a blank or incomplete return. (5) A tax preparer may also commit a crime by willfully aiding and assisting in the preparation of a false tax return. The mens rea for each of these crimes is “willful.” A person must know the law and intend to violate it in order to be convicted of these tax crimes. In contrast, a person who is unaware of the law does not possess the requisite criminal intent of willfulness.

Learning Objective: 10-13: Know the basic elements of currency violations and tax crimes.

Cognitive Domain: Knowledge Answer Location: Tax Crime Difficulty Level: Medium

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Chapter 11: Crimes Against Public Order and Morality Test Bank Multiple Choice 1. Under the common law, acts that disturb or tend to disturb the tranquility of the citizenry are known as ______.

A. breach of the peace B. disorderly conduct C. law against noise D. riot Ans: A Learning Objective: 11-2: An individual breaches the peace when he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct that causes a violent response by two or more individuals.

Cognitive Domain: Knowledge Answer Location: Disorderly Conduct Difficulty Level: Easy 2. Under the common law, the collection of three or more persons with the purpose to engage in an unlawful act was known as ______.

A. disorderly conduct B. riot C. unlawful assembly D. gang Ans: C Learning Objective: 11-3: A vagrancy law likely would be held constitutional that makes it a criminal offense for individuals to appear in public who are identified by the police as thieves or drug dealers.

Cognitive Domain: Knowledge Answer Location: Riot Difficulty Level: Easy 3. Offenses such as public drunkenness, vagrancy, loitering, panhandling, graffiti, and urinating and sleeping in public fall into which one of the following categories?

A. public exposure B. public indecency C. status offense D. private indecency Ans: B Learning Objective: 11-4: It is constitutional for a city to adopt a law that makes it a criminal offense for two or more known gang members to assemble together on a public street.

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Cognitive Domain: Knowledge Answer Location: Public Indecencies: Quality-of-Life Crimes Difficulty Level: Easy 4. Standing in public with no apparent purpose is the definition of ______.

A. rout B. loitering C. unlawful assembly D. vagrancy Ans: B Learning Objective: 11-6: The only difference between the legal definition of obscenity and the legal definition of child pornography is that child pornography involves the use of children.

Cognitive Domain: Knowledge Answer Location: Vagrancy and Loitering Difficulty Level: Easy 5. Which state is the only state in the United States where prostitution is legal?

A. Illinois B. New York C. California D. Nevada Ans: D Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Knowledge Answer Location: Prostitution Difficulty Level: Easy 6. Every state punishes the purchase, sale, exhibition, production, advertisement, distribution, or possession with the intent to distribute which of the following?

A. pornography B. erotica C. child pornography D. prostitution Ans: C Learning Objective: 11-9: Understand the definition of obscenity and the difference between obscenity and child pornography.

Cognitive Domain: Knowledge Answer Location: Obscenity Difficulty Level: Easy 7. An individual who wanders the streets with no apparent means of earning a living is known as a(an) ______.

A. vagrant B. bum

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C. wanderer D. indigent Ans: A Learning Objective: 11-6: The only difference between the legal definition of obscenity and the legal definition of child pornography is that child pornography involves the use of children.

Cognitive Domain: Knowledge Answer Location: Vagrancy and Loitering Difficulty Level: Easy 8. Engaging in sexual intercourse or other sexual acts in exchange for money or other items of value is known as ______.

A. pandering B. pimping C. solicitation D. prostitution Ans: D Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Knowledge Answer Location: Prostitution Difficulty Level: Easy 9. Under the common law, which of the following occurred when three or more individuals engaged in an unlawful act of violence?

A. disorderly conduct B. riot C. unlawful assembly D. melee Ans: B Learning Objective: 11-3: A vagrancy law likely would be held constitutional that makes it a criminal offense for individuals to appear in public who are identified by the police as thieves or drug dealers.

Cognitive Domain: Knowledge Answer Location: Riot Difficulty Level: Easy 10. Encouraging and inducing another person to become or remain a prostitute is known as ______.

A. pandering B. prostitution C. hooking D. pimping Ans: A Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

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Cognitive Domain: Knowledge Answer Location: The Crime of Prostitution Difficulty Level: Easy 11. What are the two types of crimes’ statutes have historically been employed to detain and keep “undesirables” off the streets.

A. prostitution and vagrancy B. loitering and prostitution C. vagrancy and loitering D. riot and prostitution Ans: C Learning Objective: 11-1: An individual breaches the peace when he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct that causes a violent response by two or more individuals.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 12. Jenny and Chris recently ended their 6-year relationship after a huge argument. She made 500 flyers with his picture on it under the title “Jerk” and included his home address and phone number. She wanted him to experience public humiliation and ridicule. Under the common law, what type of offense might this be?

A. extrinsic breach of the peace B. constructive breach of the peace C. fighting words D. disorderly conduct Ans: B Learning Objective: 11-2: An individual breaches the peace when he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct that causes a violent response by two or more individuals.

Cognitive Domain: Application Answer Location: Disorderly Conduct Difficulty Level: Medium 13. Which of the following acts is NOT considered as disorderly conduct with the purpose to cause public?

A. annoyance B. fighting words C. alarm or recklessly creating a risk D. inconvenience Ans: B Learning Objective: 11-2: An individual breaches the peace when he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct that causes a violent response by two or more individuals.

Cognitive Domain: Application Answer Location: Disorderly Conduct

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Difficulty Level: Medium 14. Which country’s law can vagrancy be traced?

A. Spain B. China C. Germany D. England Ans: D Learning Objective: 11-6: The only difference between the legal definition of obscenity and the legal definition of child pornography is that child pornography involves the use of children.

Cognitive Domain: Knowledge Answer Location: Vagrancy and Loitering Difficulty Level: Easy 15. Which of the following is NOT one of the criminal classes of vagrants based on the English law?

A. indigent and bum B. incorrigible rogues C. rogues and vagabonds D. idle and disorderly persons Ans: A Learning Objective: 11-6: The only difference between the legal definition of obscenity and the legal definition of child pornography is that child pornography involves the use of children.

Cognitive Domain: Knowledge Answer Location: Vagrancy and Loitering Difficulty Level: Easy 16. All of the following is NOT a finding by the Illinois Legislature concerning the peril posed by gangs?

A. Communities are terrorized and plundered by street gangs.

B. Gangs are controlled by criminally sophisticated adults who threaten young people into carrying out gang activity.

C. Gangs present a clear and present danger to public order and safety.

D. Gangs are primarily comprised by low-income minority males.

Ans: D Learning Objective: Cognitive Domain: Comprehension Answer Location: Gangs Difficulty Level: Easy 17. In what case did the court find that a statute that prohibited all panhandling on city sidewalks and streets violated the First Amendment?

A. Pottinger v. City of Miami B. Joyce v. City and County of San Francisco

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C. Loper v. New York City Police D. Gallo v. Acuna Ans: C Learning Objective: 11-6: The only difference between the legal definition of obscenity and the legal definition of child pornography is that child pornography involves the use of children.

Cognitive Domain: Comprehension Answer Location: Homelessness Difficulty Level: Easy 18. Approximately ______ of all arrests are for acts threatening public morality.

A. 50% B. 60% C. 70% D. 90% Ans: A Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Comprehension Answer Location: The Overreach of Criminal Law Difficulty Level: Easy 19. Which state is the only state in which prostitution is legal?

A. Illinois B. California C. Nevada D. New York Ans: C Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Knowledge Answer Location: Prostitution Difficulty Level: Easy 20. Sex trafficking can be subject to punish of up to how many years in prison?

A. 10 B. 20 C. 30 D. life Ans: D Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Comprehension Answer Location: The Crime of Prostitution Difficulty Level: Easy

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21. ______ is the encouraging and inducing of another to become or remain a prostitute.

A. Prostitution B. Hooking C. Pandering D. Pimping Ans: C Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Knowledge Answer Location: The Crime of Prostitution Difficulty Level: Easy 22. Which of the following does NOT constitute promoting prostitution?

A. procuring a prostitute for a patron B. soliciting a person to patronize a prostitute C. procuring an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate D. stimulating the genital organs of another, whether resulting in orgasm or not, by manual or other bodily contact exclusive of sexual intercourse or by instrumental manipulation for money or the substantial equivalent thereof Ans: D Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Comprehension Answer Location: The Crime of Prostitution Difficulty Level: Medium 23. Which Supreme Court case held that obscenity was not constitutionally protected?

A. New York v. Ferber B. Roth v. United States C. Cleveland v. United States D. People v. Barron Ans: B Learning Objective: 11-9: Understand the definition of obscenity and the difference between obscenity and child pornography.

Cognitive Domain: Comprehension Answer Location: The Crime of Prostitution Difficulty Level: Medium 24. Which court case involved an argument that the evidence did not support the charge against the defendants of inciting to riot and disorderly conduct.?

A. New York v. Ferber B. Roth v. United States C. Cleveland v. United States D. People v. Upshaw

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Ans: D Learning Objective: 11-9: Understand the definition of obscenity and the difference between obscenity and child pornography.

Cognitive Domain: Comprehension Answer Location: Obscenity Difficulty Level: Medium 25. Which one of the following examples is NOT a victimless crime?

A. trespassing B. prostitution C. possession of obscene materials D. gambling Ans: A Learning Objective: 11-9: Understand the definition of obscenity and the difference between obscenity and child pornography.

Cognitive Domain: Application Answer Location: The Overreach of Criminal Law Difficulty Level: Medium 26. Which court case established the three-part test for obscenity?

A. New York v. Feber B. Miller v. California C. United States v. Miller D. Roth v. United States Ans: B Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Comprehension Answer Location: Obscenity Difficulty Level: Easy 27. Which one of the followings is NOT the consequences of what some consider to be the overreach of criminal law?

A. Making an activity illegal means that there is little legal competition allowing for inflated prices.

B. Condemnation of illegal activities is undermined by the fact that the same activity is legalized in other jurisdictions.

C. People involved in these criminal activities are driven into a criminal subculture and may be victimized or become involved in other crimes.

D. Victimless offenses are just as harmful if not more as offenses where there is an identifiable victim.

Ans: D Learning Objective: 11-1: An individual breaches the peace when he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct that causes a violent response by two or more individuals. Cognitive Domain: Application

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Answer Location: The Overreach of Criminal Law Difficulty Level: Medium 28. ______ is defined as public acts offending community standards, including the display of genitals, sexual intercourse, lewd sexual contact, and deviant sexual intercourse.

A. Indecent exposure B. Obscenity C. Pornography D. Lewdness Ans: D Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Knowledge Answer Location: The Crime of Prostitution Difficulty Level: Easy 29. Approximately do how many states have laws prohibiting revenge porn?

A. 10 B. 20 C. 30 D. 40 Ans: D Learning Objective: 11-9: Understand the definition of obscenity and the difference between obscenity and child pornography.

Cognitive Domain: Knowledge Answer Location: Obscenity Difficulty Level: Medium 30. ______ involves obtaining sexual gratification from viewing another individual’s sex organs or sexual activities and typically is punished under what are termed “peeping Tom laws.”

A. Voyeurism B. Lewdness C. Indecent exposure D. Child pornography Ans: A Learning Objective: 11-9: Understand the definition of obscenity and the difference between obscenity and child pornography.

Cognitive Domain: Knowledge Answer Location: Obscenity Difficulty Level: Easy 31. Which one of the following activity involves with procuring a prostitute for another individual, arranging a meeting for the purpose of prostitution, transporting an individual to a location for the purpose of prostitution, receiving money from a prostitute knowing

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that it was earned from prostitution, or owning, managing, or leasing a house of prostitution business.

A. Prostitution B. Hooking C. Pandering D. Pimping Ans: D Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Comprehension Answer Location: The Crime of Prostitution Difficulty Level: Medium 32. Which of the following is not considered mens rea for prostitution?

A. induce B. entice C. seduce D. attract Ans: C Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Comprehension Answer Location: The Crime of Prostitution Difficulty Level: Medium 33. Juliet went to Independence Park to protest the recent budget cuts to education in Clark County. It was a spur of the moment thing and as a result she was alone in her efforts. Nonetheless she yelled and marched and held various signs up to get her point across. She is arrested and charged with rioting. Is this charge appropriate in the given circumstance?

A. No, she has committed aggravated disorderly conduct.

B. No, she has the right to freedom of expression.

C. Yes, she was disturbing the peace in a public place.

D. No, a riot requires more than just one person.

Ans: D Learning Objective: 11-3: A vagrancy law likely would be held constitutional that makes it a criminal offense for individuals to appear in public who are identified by the police as thieves or drug dealers.

Cognitive Domain: Application Answer Location: Riot Difficulty Level: Medium 34. Mens rea for disorderly conduct is which of the following?

A. knowingly B. intentionally C. recklessness

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D. depends on the state statute Ans: D Learning Objective: 11-3: A vagrancy law likely would be held constitutional that makes it a criminal offense for individuals to appear in public who are identified by the police as thieves or drug dealers.

Cognitive Domain: Application Answer Location: Riot Difficulty Level: Medium 35. Which one of the followings is when a masseur or masseuse stimulates the genital organs of another, whether resulting in orgasm or not, by manual or other bodily contact exclusive of sexual intercourse or by instrumental manipulation for money or the substantial equivalent thereof.

A. prostitution B. masturbation for hire C. lewdness D. fornication Ans: B Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Knowledge Answer Location: The Crime of Prostitution Difficulty Level: Easy 36. In order for an offense to consider as riot, how many individuals need to be present?

A. one B. two to three C. four to five D. more than five Ans: B Learning Objective: 11-3: A vagrancy law likely would be held constitutional that makes it a criminal offense for individuals to appear in public who are identified by the police as thieves or drug dealers.

Cognitive Domain: Comprehension Answer Location: Riot Difficulty Level: Medium 37. Which of the following is NOT a behavior that is punishable by vagrancy?

A. begging B. failing to support a wife and child C. sleeping outdoors D. having an affair with a neighbor Ans: D Learning Objective: 11-6: The only difference between the legal definition of obscenity and the legal definition of child pornography is that child pornography involves the use of children.

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Cognitive Domain: Comprehension Answer Location: Vagrancy and Loitering Difficulty Level: Medium 38. Which of the following acts is NOT a target of increasing amount of enforcement?

A. trespassing in areas under bridges and adjacent to parks B. failing to support a wife and child C. sleeping in the parks and subways D. aggressive panhandling Ans: B Learning Objective: 11-6: The only difference between the legal definition of obscenity and the legal definition of child pornography is that child pornography involves the use of children.

Cognitive Domain: Comprehension Answer Location: Homelessness Difficulty Level: Medium 39. According to James Q. Wilson and George Kelling, which one of the following crimes would NOT be an immediate threat to their quality of life?

A. rape B. public drunkenness C. drug dealers D. prostitutes Ans: A Learning Objective: 11-4: It is constitutional for a city to adopt a law that makes it a criminal offense for two or more known gang members to assemble together on a public street.

Cognitive Domain: Comprehension Answer Location: Public Indecencies: Quality-of-Life Crimes Difficulty Level: Medium 40. False public alarms, prowling, desecration of graves, cruelty to animals, and public drunkenness would be considered as ______.

A. unlawful assembly B. quality of life crimes C. disorderly conduct D. breach of the peace crimes Ans: C Learning Objective: 11-3: A vagrancy law likely would be held constitutional that makes it a criminal offense for individuals to appear in public who are identified by the police as thieves or drug dealers.

Cognitive Domain: Comprehension Answer Location: Disorderly Conduct Difficulty Level: Medium

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True/False 1. In order to standardize the crime of disorderly conduct, the mens rea for disorderly conduct is the same for all 50 states.

Ans: F Learning Objective: 11-3: A vagrancy law likely would be held constitutional that makes it a criminal offense for individuals to appear in public who are identified by the police as thieves or drug dealers.

Cognitive Domain: Comprehension Answer Location: Disorderly Conduct Difficulty Level: Easy 2. In order to satisfy the actus reus of prostitution, sexual intercourse must be exchanged for money or other consideration.

Ans: F Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Comprehension Answer Location: The Crime of Prostitution Difficulty Level: Medium 3. One of the concerns relating to animal cruelty is that it is believed to encourage aggression toward humans.

Ans: T Learning Objective: 11-10: Discuss the reason for the crime of cruelty to animals.

Cognitive Domain: Comprehension Answer Location: Cruelty to Animals Difficulty Level: Easy 4. The broken windows theory is based on the belief that unresolved issues relating to public indecency and quality of life crimes lead to the decay of a neighborhood.

Ans: T Learning Objective: 11-4: It is constitutional for a city to adopt a law that makes it a criminal offense for two or more known gang members to assemble together on a public street.

Cognitive Domain: Comprehension Answer Location: Public Indecencies: Quality-of-Life Crimes Difficulty Level: Medium 5. Crimes against public order and morality have been criticized as punishing victimless crimes.

Ans: T Learning Objective: 11-1: An individual breaches the peace when he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct that causes a violent response by two or more individuals. Cognitive Domain: Knowledge

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Answer Location: Introduction Difficulty Level: Easy 6. Offenses such as disorderly conduct constitute a significant percentage of arrests made in a given year.

Ans: T Learning Objective: 11-2: An individual breaches the peace when he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct that causes a violent response by two or more individuals.

Cognitive Domain: Comprehension Answer Location: Disorderly Conduct Difficulty Level: Easy 7. The crime of lewdness involves conduct that is obscene.

Ans: T Learning Objective: 11-9: Understand the definition of obscenity and the difference between obscenity and child pornography.

Cognitive Domain: Knowledge Answer Location: Obscenity Difficulty Level: Easy 8. The crime of disorderly conduct does not take into account whether the conduct tends to provoke a disturbance.

Ans: T Learning Objective: 11-2: An individual breaches the peace when he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct that causes a violent response by two or more individuals.

Cognitive Domain: Comprehension Answer Location: Disorderly Conduct Difficulty Level: Easy 9. Sleeping outdoors is an example of an act punished under the crime of vagrancy.

Ans: T Learning Objective: 11-6: The only difference between the legal definition of obscenity and the legal definition of child pornography is that child pornography involves the use of children.

Cognitive Domain: Comprehension Answer Location: Vagrancy and Loitering Difficulty Level: Easy 10. Riots are punished separately from acts of disorderly conduct because the collective action involved in a riot poses a greater threat to society and is less easily deterred than the act of a single individual.

Ans: T

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Learning Objective: 11-3: A vagrancy law likely would be held constitutional that makes it a criminal offense for individuals to appear in public who are identified by the police as thieves or drug dealers.

Cognitive Domain: Knowledge Answer Location: Riot Difficulty Level: Easy 11. Some family disputes within the home may be charged with disorderly conduct.

Ans: F Learning Objective: 11-2: An individual breaches the peace when he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct that causes a violent response by two or more individuals.

Cognitive Domain: Knowledge Answer Location: Disorderly Conduct Difficulty Level: Medium 12. At the common law, rout was defined as the collection of three or more persons with the purpose to engage in an unlawful act.

Ans: F Learning Objective: 11-3: A vagrancy law likely would be held constitutional that makes it a criminal offense for individuals to appear in public who are identified by the police as thieves or drug dealers.

Cognitive Domain: Comprehension Answer Location: Riot Difficulty Level: Easy 13. Broken windows theory was identified by James Q. Wilson and Edwin Southerland.

Ans: F Learning Objective: 11-4: It is constitutional for a city to adopt a law that makes it a criminal offense for two or more known gang members to assemble together on a public street.

Cognitive Domain: Knowledge Answer Location: Public Indecencies: Quality-of-Life Crimes Difficulty Level: Easy 14. Local ordinances have the effect of making it a crime to be homeless.

Ans: T Learning Objective: 11-6: The only difference between the legal definition of obscenity and the legal definition of child pornography is that child pornography involves the use of children.

Cognitive Domain: Comprehension Answer Location: Homelessness Difficulty Level: Medium 15. Gang loitering has enabled street gangs to establish control over identifiable areas, to intimidate others from entering the areas, or to conceal illegal activities.

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Ans: T Learning Objective: Cognitive Domain: Comprehension Answer Location: Gangs Difficulty Level: Medium 16. Prostitution is a felony.

Ans: T Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Comprehension Answer Location: The Crime of Prostitution Difficulty Level: Easy 17. Disorderly conduct addresses relatively minor acts of criminality.

Ans: T Learning Objective: 11-2: An individual breaches the peace when he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct that causes a violent response by two or more individuals.

Cognitive Domain: Knowledge Answer Location: Disorderly Conduct Difficulty Level: Easy 18. It is legal only in three states to buy, sell, exhibit, produce, advertise, distribute, or possess with the intent to distribute child pornography.

Ans: F Learning Objective: 11-9: Understand the definition of obscenity and the difference between obscenity and child pornography.

Cognitive Domain: Knowledge Answer Location: Obscenity Difficulty Level: Easy 19. The MPC includes specific sections on cruelty to animals.

Ans: T Learning Objective: 11-10: Discuss the reason for the crime of cruelty to animals.

Cognitive Domain: Knowledge Answer Location: Obscenity Difficulty Level: Medium

Short Answer 1. Define disorderly conduct.

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Ans: It is defined as behavior by anyone in a public place or private place who engages in violent, abusive, indecent, profane, boisterous, unreasonably loud circumstances in which the conduct tends to cause or provoke a disturbance.

Learning Objective: 11-1: An individual breaches the peace when he or she engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct that causes a violent response by two or more individuals. Cognitive Domain: Comprehension Answer Location: Disorderly Conduct Difficulty Level: Easy 2. Although there are countless arrests and prosecutions involving crime against the quality of life, why do they receive limited attention?

Ans: Because they are misdemeanors, swiftly disposed of in summary trials before local judges, and disproportionately target young people, minorities, and individuals from lower socioeconomic backgrounds.

Learning Objective: 11-4: It is constitutional for a city to adopt a law that makes it a criminal offense for two or more known gang members to assemble together on a public street.

Cognitive Domain: Analysis Answer Location: Public Indecencies: Quality-of-Life Crimes Difficulty Level: Medium 3. What is the difference between vagrancy and loitering?

Ans: Vagrancy is defined under the common law as wandering the streets with no apparent means of earning a living (without visible means of support). Loitering is a related offense defined as standing in public with no apparent purpose.

Learning Objective: 11-5: Prostitutes as well as customers may be guilty of soliciting or loitering for the purpose of prostitution.

Cognitive Domain: Comprehension Answer Location: Vagrancy and Loitering Difficulty Level: Easy 4. What are some of the critics of the anti-gang efforts?

Ans: It raises a question on (1) whether the civil liberties of both gang members and innocent young people are being sacrificed in order to combat the violence perpetrated by a relatively small number of individuals and (2) that young minority males who, in fact, may not be gang members are often targeted for harassment, detention, interrogation, and arrest by the police.

Learning Objective: Cognitive Domain: Comprehension Answer Location: Gangs Difficulty Level: Easy 5. List some of victimless crimes.

Ans: Drunkenness, narcotics offenses, gambling, prostitution, the possession of obscene materials, and various sexual offenses.

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Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Comprehension Answer Location: The Overreach of Criminal Law Difficulty Level: Easy 6. What is the difference between adultery and fornication?

Ans: Adultery is consensual sexual intercourse between a male and a female, at least one of whom is married, whereas fornication is which an unmarried person engaging in voluntary sexual intercourse with another individual.

Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Comprehension Answer Location: Crime of Prostitution Difficulty Level: Easy 7. What are included in the three-part test for obscenity.

Ans: (1) Prurient interest, (2) offensive, and (3) value.

Learning Objective: 11-9: Understand the definition of obscenity and the difference between obscenity and child pornography.

Cognitive Domain: Comprehension Answer Location: Obscenity Difficulty Level: Easy 8. What are some of the criticisms or challenges again public order crimes?

Ans: Crimes against public order and decency have been criticized as punishing victimless crimes, and one of the challenges presented by crime against public order and morals is to balance public order and morals with the right of individuals to exercise their civil liberties.

Learning Objective: 11-9: Understand the definition of obscenity and the difference between obscenity and child pornography.

Cognitive Domain: Comprehension Answer Location: Obscenity Difficulty Level: Medium 9. What is the difference between lewdness and indecent exposure?

Ans: Lewdness involves conduct that is obscene, such as willfully exposing the genitals of one person to another in a public place for the purpose of arousing or gratifying the sexual desire and is more general than indecent exposure, which entails an act of public indecency, including sexual intercourse, exposure of the sexual organs, a lewd appearance in a state of partial or complete nudity, or a lewd caress or fondling of another person.

Learning Objective: 11-9: Understand the definition of obscenity and the difference between obscenity and child pornography.

Cognitive Domain: Analysis Answer Location: Obscenity

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Difficulty Level: Medium 10. What is revenge porn?

Ans: Revenge porn involves the posting online of nude or sexually explicit photographs or videos of individuals without their consent. This typically involves a former spouse or significant other who wants to exact revenge by uploading the image to websites, several of which are specifically established to host such images. The victim’s name, address, and links to social media profiles may appear along with the image Learning Objective: 11-9: Understand the definition of obscenity and the difference between obscenity and child pornography.

Cognitive Domain: Knowledge Answer Location: Obscenity Difficulty Level: Medium

Essay 1. What is the difference between an unlawful assembly and a riot?

Ans: Under the common law, an unlawful assembly is the assembling of three or more persons with the purpose to engage in an unlawful act. A riot occurs when three or more individuals engage in an unlawful act of violence. The participants must have agreed to the illegal purpose prior to engaging in violence; however, the individuals were not required to enter into a common agreement to commit an illegal act prior to engaging in violence.

Learning Objective: 11-3: A vagrancy law likely would be held constitutional that makes it a criminal offense for individuals to appear in public who are identified by the police as thieves or drug dealers.

Cognitive Domain: Comprehension Answer Location: Riot Difficulty Level: Medium 2. Distinguish the crime of lewdness from the crime of indecent exposure.

Ans: Lewdness involves conduct that is obscene, such as willfully exposing the genitals of one person to another in a public place for the purpose of arousing or gratifying the sexual desire, and is more general than indecent exposure, which entails an act of public indecency, including sexual intercourse, exposure of the sexual organs, a lewd appearance in a state of partial or complete nudity, or a lewd caress or fondling of another person.

Learning Objective: 11-9: Understand the definition of obscenity and the difference between obscenity and child pornography.

Cognitive Domain: Comprehension Answer Location: Obscenity Difficulty Level: Medium 3. Discuss the rationale for punishing cruelty to animals.

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Ans: The law punishes cruelty to animals, because it is believed that respect for animals helps to teach people to act with sensitivity and regard for their fellow citizens, particularly, the most vulnerable members of human society. People also have an emotional attachment to their pets and other animals, and the increasingly common belief that animals experience pleasure and pain and possess rights.

Learning Objective: 11-10: Discuss the reason for the crime of cruelty to animals.

Cognitive Domain: Comprehension Answer Location: Cruelty to Animals Difficulty Level: Easy 4. Explain the various reasons for criminalizing prostitution.

Ans: There are four reasons why prostitution is a crime: (1) Disease--encourages transmission of infections; (2) Family--weakens marriage and the family; (3) Exploitation--exploits and degrades women; and (4) Immorality--promotes social immorality and a culture tolerant of alcoholism, drug abuse, gambling, and acts of immorality.

Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Cognitive Domain: Comprehension Answer Location: Prostitution Difficulty Level: Easy 5. What is prostitution? Why is prostitution considered a crime? List and define other types of prostitution-related offenses. Should these acts be considered criminal? Why or why not?

Ans: The crime of prostitution is defined as engaging in sexual intercourse or other sexual acts in exchange for money or other items of value. There are four main reasons why prostitution is considered a crime: (1) disease, (2) family, (3) exploitation, and (4) immorality. Other prostitution-related offenses include (1) solicitation for prostitution-asking or requesting another person to engage in prostitution; (2) pimping--procuring a prostitute for another individual, arranging a meeting for the purpose of prostitution, transporting an individual to a location for the purpose of prostitution, receiving money or another thing of value from a prostitute knowing that it was earned from prostitution, or owning, managing, or leasing a house of prostitution or prostitution business; (3) pandering--the encouraging or inducing of another to become or remain a prostitute; (4) living off prostitution--committed by a person other than a prostitute and the prostitute’s minor child or dependent who is knowingly supported in whole or substantial part by the proceeds of prostitution; (5) keeping a place of prostitution--knowingly granting or permitting the use of a place for the purpose of prostitution; (6) promoting prostitution-aiding or abetting prostitution by any means whatsoever; and (7) masturbation for hire-stimulating the genital organs of another, whether resulting in orgasm or not, by manual or other bodily contact exclusive of sexual intercourse or by instrumental manipulation for money or the substantial equivalent thereof. (Students should then explain their rationales for whether these acts should be considered crimes.)

Learning Objective: 11-8: Know the definition of the crime of prostitution and various crimes related to prostitution.

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Cognitive Domain: Knowledge Answer Location: The Crime of Prostitution Difficulty Level: Medium

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Chapter 12: Crimes Against Social Order and Morality: Alcohol and Drug Offenses Test Bank Multiple Choice 1. What is the dominant factor that must predominate skill when determining whether or not an activity involves gambling?

A. money B. profit C. luck D. ratio of the bet to the winnings Ans: C Learning Objective: 12-5: Recreational and medical marijuana, though lawful in every state, remains criminal under federal law.

Cognitive Domain: Knowledge Answer Location: Gambling Difficulty Level: Easy 2. Which of the following acts accounts for the most drug-related arrests?

A. manufacture of narcotics B. sale of narcotics to juveniles C. possession of drug paraphernalia and possession of drug paraphernalia with the intent to sell D. possession of narcotics and possession of narcotics with the intent to sell Ans: D Learning Objective: 12-8: An individual charged with a narcotics offense may be subject to assets forfeiture of any money or goods in his or her possession whether or not the money or goods were obtained as a result of the criminal activity with which the individual is charged.

Cognitive Domain: Knowledge Answer Location: State Antidrug Laws Difficulty Level: Easy 3. Laws that hold adults liable for providing liquor in their home to minors in the event that an accident or injury occurs are known as ______.

A. parental vicarious liability laws B. social host liability laws C. public intoxication laws D. parental responsibility laws Ans: B Learning Objective: 12-1: The drinking age differs in various states and ranges between seventeen and twenty-one.

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Cognitive Domain: Knowledge Answer Location: Alcohol Offenses and Juveniles Difficulty Level: Easy 4. Punishing an individual for driving with a blood alcohol level that is too high, regardless of whether his or her driving is affected, is punished as which of the following?

A. driving while intoxicated B. driving while inebriated C. driving under the influence D. driving with an unlawful blood alcohol content Ans: D Learning Objective: 12-4: Important factors in determining whether an individual is criminally liable for possession with intent to distribute narcotics are the quantity of the narcotics, the value of the narcotics, and whether the individual is in possession of items associated with the manufacture and distribution of narcotics.

Cognitive Domain: Knowledge Answer Location: Driving and Alcohol Offenses Difficulty Level: Easy 5. An inebriated individual who causes an accident that results in death will be held liable for which of the following?

A. reckless driving B. voluntary manslaughter C. vehicular manslaughter D. reckless manslaughter Ans: C Learning Objective: 12-4: Important factors in determining whether an individual is criminally liable for possession with intent to distribute narcotics are the quantity of the narcotics, the value of the narcotics, and whether the individual is in possession of items associated with the manufacture and distribution of narcotics.

Cognitive Domain: Comprehension Answer Location: Driving and Alcohol Offenses Difficulty Level: Easy 6. An activity or wagering that is prohibited under criminal law is known as ______.

A. gaming B. gambling C. profit sharing D. deviant gaming Ans: B Learning Objective: 12-5: Recreational and medical marijuana, though lawful in every state, remains criminal under federal law.

Cognitive Domain: Knowledge Answer Location: Gambling Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

7. ______ can be manufactured with available over-the-counter drugs but requires the use of highly unstable chemicals.

A. Crystal meth B. Crack cocaine C. Powder cocaine D. THC Ans: A Learning Objective: 12-6: Mandatory minimum sentences are criticized for providing judges with too great a degree of discretion in sentencing defendants.

Cognitive Domain: Knowledge Answer Location: Crystal Meth Difficulty Level: Easy 8. An estimated 120,000 individuals participate in this alternative approach that involves the treatment rather than punishment of nonviolent drug offenders: A. compassionate rehabilitation B. drug testing C. drug forfeiture D. drug courts Ans: D Learning Objective: 12-12: Know how drug courts differ from ordinary criminal courts.

Cognitive Domain: Knowledge Answer Location: Drug Courts Difficulty Level: Easy 9. Which of the following laws prohibits individuals convicted of drug possession from receiving financial aid?

A. Uniform Controlled Substances Act B. Higher Education Act of 1998 C. Anti-Drug Education Act D. Controlled Substances Act Ans: B Learning Objective: 12-6: Mandatory minimum sentences are criticized for providing judges with too great a degree of discretion in sentencing defendants.

Cognitive Domain: Knowledge Answer Location: The Evolution of American Antinarcotics Strategy Difficulty Level: Easy 10. In the interest of public safety and welfare, in Vernonia School District 47J v. Acton, the U.S. Supreme Court has upheld which of the following governmental acts?

A. asset forfeiture B. indiscriminate sentencing C. drug testing D. imposition of restitution for drug-related accidents Ans: C

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Learning Objective: 12-6: Mandatory minimum sentences are criticized for providing judges with too great a degree of discretion in sentencing defendants.

Cognitive Domain: Knowledge Answer Location: Drug Testing Difficulty Level: Easy 11. Which of the following crimes is not deemed to be a crime against morality and social order?

A. alcoholism B. simple assault C. drugs D. gambling Ans: B Learning Objective: Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 12. Approximately ______ million American adults are addicted to alcohol or report that they drink to excess.

A. 10 B. 13 C. 18 D. 25 Ans: B Learning Objective: Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 13. Which court case confronted whether alcoholism is a disease and whether it constitutes cruel and unusual punishment to convict an individual for being intoxicated in public?

A. State v. Rea B. Missouri v. McNeely C. Powell v. Texas D. Birchfield v. North Dakota Ans: C Learning Objective: Cognitive Domain: Knowledge Answer Location: Public Intoxication Difficulty Level: Easy 14. ______ prohibits an individual from driving an automobile while intoxicated.

A. DWI B. DUI

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C. DUBAL D. HGN Ans: A Learning Objective: 12-4: Important factors in determining whether an individual is criminally liable for possession with intent to distribute narcotics are the quantity of the narcotics, the value of the narcotics, and whether the individual is in possession of items associated with the manufacture and distribution of narcotics.

Cognitive Domain: Comprehension Answer Location: Driving and Alcohol Offenses Difficulty Level: Easy 15. ______ hold individuals liable for driving while their blood alcohol content level was too high, despite the fact that their driving may be unaffected.

A. DWI B. DUI C. DUBAL D. HGN Ans: C Learning Objective: 12-4: Important factors in determining whether an individual is criminally liable for possession with intent to distribute narcotics are the quantity of the narcotics, the value of the narcotics, and whether the individual is in possession of items associated with the manufacture and distribution of narcotics.

Cognitive Domain: Comprehension Answer Location: Driving and Alcohol Offenses Difficulty Level: Easy 16. Lance was pulled over a police officer because he had broken taillight. As soon Lance rolled his window down, the officer noticed the smell of alcohol. The officer tested his blood alcohol level, but it was below the level of the states DUBAL. In this case, what can the officer do?

A. The officer cannot do anything about the alcohol-related matter.

B. The officer can charge Lance with DUI. C. The officer can charge Lance with DWI. D. The officer can let Lance go.

Ans: C Learning Objective: 12-4: Important factors in determining whether an individual is criminally liable for possession with intent to distribute narcotics are the quantity of the narcotics, the value of the narcotics, and whether the individual is in possession of items associated with the manufacture and distribution of narcotics.

Cognitive Domain: Application Answer Location: Driving and Alcohol Offenses Difficulty Level: Medium 17. Which court case held that a nonconsensual drawing of blood ordinarily requires a warrant other than in emergency circumstances?

A. State v. Sims

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B. Missouri v. McNeely C. State v. Owen D. Birchfield v. North Dakota Ans: B Learning Objective: 12-4: Important factors in determining whether an individual is criminally liable for possession with intent to distribute narcotics are the quantity of the narcotics, the value of the narcotics, and whether the individual is in possession of items associated with the manufacture and distribution of narcotics.

Cognitive Domain: Knowledge Answer Location: Driving and Alcohol Offenses Difficulty Level: Medium 18. What are the two illicit drugs that attract the greatest number of users?

A. heroin and cocaine B. marijuana and heroin C. marijuana and cocaine D. marijuana and controlled prescription drugs (CPDs) Ans: D Learning Objective: 12-6: Mandatory minimum sentences are criticized for providing judges with too great a degree of discretion in sentencing defendants.

Cognitive Domain: Comprehension Answer Location: Controlled Substances Difficulty Level: Easy 19. Which city’s ordinance prohibiting the smoking of opium became the most important early antinarcotics law in the United States?

A. San Francisco B. Los Angels C. Seattle D. Portland Ans: A Learning Objective: 12-6: Mandatory minimum sentences are criticized for providing judges with too great a degree of discretion in sentencing defendants.

Cognitive Domain: Comprehension Answer Location: The Evolution of American Antinarcotics Strategy Difficulty Level: Easy 20. Which one of the following acts is known as Controlled Substances Act? A. Comprehensive Drug Abuse Prevention and Control Act of 1970 B. Narcotics Control Act of 1956 C. the Marijuana Tax Act of 1937 D. the Boggs Act of 1951 Ans: A Learning Objective: 12-6: Mandatory minimum sentences are criticized for providing judges with too great a degree of discretion in sentencing defendants.

Cognitive Domain: Comprehension

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Answer Location: The Evolution of American Antinarcotics Strategy Difficulty Level: Easy 21. Under what act dose a group of experts formulate a set of “model laws” intended to guide state legislatures in addressing?

A. Anti-Drug Abuse Act B. Narcotics Control Act of 1956 C. Uniform Controlled Substances Act D. Controlled Substances Act Ans: C Learning Objective: 12-6: Mandatory minimum sentences are criticized for providing judges with too great a degree of discretion in sentencing defendants.

Cognitive Domain: Comprehension Answer Location: The Evolution of American Antinarcotics Strategy Difficulty Level: Easy 22. State criminal statutes incorporate the knowingly or ______ mens rea requirement of federal law.

A. recklessly B. intentionally C. deliberately D. irresponsibly Ans: B Learning Objective: 12-8: An individual charged with a narcotics offense may be subject to assets forfeiture of any money or goods in his or her possession whether or not the money or goods were obtained as a result of the criminal activity with which the individual is charged.

Cognitive Domain: Comprehension Answer Location: The Evolution of American Antinarcotics Strategy Difficulty Level: Easy 23. Which of the following conditions is NOT a requirement of an actual possession for a defendant?

A. having knowledge of the narcotic’s unlawful character B. having more than the legal limit C. exercising dominion and control over the object D. knowing of the presence of the object Ans: B Learning Objective: 12-8: An individual charged with a narcotics offense may be subject to assets forfeiture of any money or goods in his or her possession whether or not the money or goods were obtained as a result of the criminal activity with which the individual is charged.

Cognitive Domain: Comprehension Answer Location: Possession of Narcotics and Possession With Intent to Distribute Narcotics Difficulty Level: Medium

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

24. Under the new mandatory minimum sentence in the Anti-Drug Abuse Act of 1986 and its 1988 amendments, 10-year mandatory minimum senesce is required if an individual was in a possession of ______.

A. 5 g of crack and 500 g of powder cocaine.

B. 28 g of crack and 500 g of powder cocaine.

C. 50 g of crack and 5,000 g of powder cocaine.

D. 280 g of crack and 5,000 g of powder cocaine Ans: D Learning Objective: 12-9: Understand the constitutional status of mandatory minimum sentences and the debate over mandatory minimum sentences.

Cognitive Domain: Comprehension Answer Location: Possession of Narcotics and Possession With Intent to Distribute Narcotics Difficulty Level: Easy 25. Which of the following quantities are punishable by 5 years in prison under the federal law?

A. 10 g of heroin B. 100 kg of marijuana C. 50 g of powder cocaine D. 100 g of methamphetamine Ans: B Learning Objective: 12-9: Understand the constitutional status of mandatory minimum sentences and the debate over mandatory minimum sentences.

Cognitive Domain: Comprehension Answer Location: Possession of Narcotics and Possession with Intent to Distribute Narcotics Difficulty Level: Easy 26. As of 2018, ______ states and the District of Columbia, Guam, and Puerto Rico recognize medical marijuana.

A. 13 B. 23 C. 33 D. 43 Ans: C Learning Objective: 12-7: Possession of drug paraphernalia without possession of narcotics is not a criminal offense in any state.

Cognitive Domain: Comprehension Answer Location: Marijuana Difficulty Level: Easy 27. Which U.S. President was a strong opponent of the legalization of medical or recreational marijuana?

A. Bill Clinton

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

B. George W. Bush C. Barack Obama D. Donald Trump Ans: D Learning Objective: 12-7: Possession of drug paraphernalia without possession of narcotics is not a criminal offense in any state.

Cognitive Domain: Comprehension Answer Location: Marijuana Difficulty Level: Easy 28. Under the federal law, what type of sentence can be imposed if a defendant has been found guilty of manufacturing, importing, or distributing a controlled substance if the act was committed as part of a continuing criminal enterprise in those instances in which the defendant is a central leader; the quantity of the controlled substance is 6,000 kg or more of a mixture or substance containing a detectable amount of marijuana, or 60,000, or more marijuana plants?

A. fine B. jail C. prison D. death Ans: D Learning Objective: 12-7: Possession of drug paraphernalia without possession of narcotics is not a criminal offense in any state.

Cognitive Domain: Comprehension Answer Location: Marijuana Difficulty Level: Medium 29. ______ percent of individuals imprisoned for marijuana possession have no history of violence.

A. Twenty B. Fifty C. Eighty D. Ninty Ans: D Learning Objective: 12-7: Possession of drug paraphernalia without possession of narcotics is not a criminal offense in any state.

Cognitive Domain: Comprehension Answer Location: Marijuana Difficulty Level: Medium 30. The penalties imposed to smuggling and distributing methamphetamine have ______.

A. decreased B. been stable C. increased D. none of these

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Ans: C Learning Objective: 12-10: Know the elements of the crime of possession of drug paraphernalia and why the possession of drug paraphernalia is a crime.

Cognitive Domain: Comprehension Answer Location: Crystal Meth Difficulty Level: Medium 31. The United States is described as being in an opioid epidemic with nearly ______ million Americans either addicted to pain killers or to street drugs.

A. 1 B. 2 C. 3 D. 4 Ans: C Learning Objective: 12-10: Know the elements of the crime of possession of drug paraphernalia and why the possession of drug paraphernalia is a crime.

Cognitive Domain: Comprehension Answer Location: Prescription Drugs Difficulty Level: Medium 32. Which one of the drugs can NOT be legally prescribed?

A. heroin B. hydrocodone C. oxycodone D. opioid Ans: A Learning Objective: 12-10: Know the elements of the crime of possession of drug paraphernalia and why the possession of drug paraphernalia is a crime.

Cognitive Domain: Comprehension Answer Location: Prescription Drugs Difficulty Level: Medium 33. Which of the following type of forfeiture proceedings accounts the majority?

A. criminal forfeiture B. civil forfeiture C. assets forfeiture D. none of these Ans: B Learning Objective: 12-11: Understand assets forfeiture and the difference between civil and criminal assets forfeiture.

Cognitive Domain: Comprehension Answer Location: Assets Forfeiture Difficulty Level: Medium 34. The Supreme Court has upheld ______ as a method for detecting and for deterring drug use among public employees and high school students.

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

A. random drug testing b panel drug testing C. urine testing D. breathalyzer testing Ans: A Learning Objective: 12-11: Understand assets forfeiture and the difference between civil and criminal assets forfeiture.

Cognitive Domain: Comprehension Answer Location: Assets Forfeiture Difficulty Level: Easy 35. Which court case resulted in which the government may not seize funds unconnected with criminal activity that a defendant requires in order to hire a lawyer?

A. United States v. Moore B. Luis v. United States C. Caplin & Drysdale Chartered v. United States D. United States v. Ursery Ans: D Learning Objective: 12-11: Understand assets forfeiture and the difference between civil and criminal assets forfeiture.

Cognitive Domain: Comprehension Answer Location: Assets Forfeiture Difficulty Level: Easy 36. Which court case held that it was unconstitutional to strip search a student suspected of the unlawful possession of small amounts of a prescription drug?

A. Safford Unified School District v. Redding B. Vernonia School District 47J v. Acton C. Board of Education of Independent School District No. 92 of Pottawatomie County v.

Earls D. National Treasury Employees Union v. Von Raab Ans: A Learning Objective: 12-11: Understand assets forfeiture and the difference between civil and criminal assets forfeiture.

Cognitive Domain: Comprehension Answer Location: Drug Testing Difficulty Level: Easy 37. Which court case upheld the constitutionality of the random drug testing of athletes?

A. Safford Unified School District v. Redding B. Vernonia School District 47J v. Acton C. Board of Education of Independent School District No. 92 of Pottawatomie County v.

Earls D. National Treasury Employees Union v. Von Raab Ans: B

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Learning Objective: 12-11: Understand assets forfeiture and the difference between civil and criminal assets forfeiture.

Cognitive Domain: Comprehension Answer Location: Drug Testing Difficulty Level: Easy 38. Studies indicate that individuals in the drug court program have ______ rates than individuals who are imprisoned for drug offenses and that drug court programs are less expensive than imprisonment.

A. lower recidivism B. higher recidivism C. lower relapse rate D. high relapse rate Ans: A Learning Objective: 12-12: Know how drug courts differ from ordinary criminal courts.

Cognitive Domain: Comprehension Answer Location: Drug Courts Difficulty Level: Easy 39. Of the following groups, which one is not considered to be associated with drug courts?

A. judges B. defense attorney C. police officers D. social workers Ans: C Learning Objective: 12-12: Know how drug courts differ from ordinary criminal courts.

Cognitive Domain: Comprehension Answer Location: Drug Courts Difficulty Level: Easy 40. Which of the following objectives is not associated with the Office of National Drug Control Policy (ONDCP)?

A. to counter drug-related crime and violence B. to combat domestic and international drug trafficking C. to reduce illegal drug use and manufacturing D. to target users of illegal drugs Ans: D Learning Objective: 12-12: Know how drug courts differ from ordinary criminal courts.

Cognitive Domain: Comprehension Answer Location: Drug Courts Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

True/False 1. Upon receiving a driver’s license, an individual is consenting to the administration of a urine or blood test or a breathalyzer test to determine his or her blood alcohol content.

Ans: T Learning Objective: 12-4: Important factors in determining whether an individual is criminally liable for possession with intent to distribute narcotics are the quantity of the narcotics, the value of the narcotics, and whether the individual is in possession of items associated with the manufacture and distribution of narcotics.

Cognitive Domain: Knowledge Answer Location: Driving and Alcohol Offenses Difficulty Level: Easy 2. Any conviction for drug possession requires that the defendant be in actual possession of the drugs.

Ans: F Learning Objective: 12-8: An individual charged with a narcotics offense may be subject to assets forfeiture of any money or goods in his or her possession whether or not the money or goods were obtained as a result of the criminal activity with which the individual is charged.

Cognitive Domain: Comprehension Answer Location: Possession of Narcotics and Possession with Intent to Distribute Narcotics Difficulty Level: Easy 3. Most states have established a .20% limit for blood alcohol content as the required blood alcohol level for proving DUBAL. Ans: F Learning Objective: 12-4: Important factors in determining whether an individual is criminally liable for possession with intent to distribute narcotics are the quantity of the narcotics, the value of the narcotics, and whether the individual is in possession of items associated with the manufacture and distribution of narcotics.

Cognitive Domain: Knowledge Answer Location: Driving and Alcohol Offenses Difficulty Level: Easy 4. Schedule V drugs have no currently accepted medical use in treatment in the United States, but they have low potential for addiction.

Ans: F Learning Objective: 12-6: Mandatory minimum sentences are criticized for providing judges with too great a degree of discretion in sentencing defendants.

Cognitive Domain: Comprehension Answer Location: Table 12.1 Schedules of Controlled Substances Under the Controlled Substances Act Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

5. Mandatory minimum sentences for drug offenses take into account the type and quantity of drugs in the defendant’s possession.

Ans: T Learning Objective: 12-9: Understand the constitutional status of mandatory minimum sentences and the debate over mandatory minimum sentences.

Cognitive Domain: Knowledge Answer Location: Criminal Law and Public Policy Difficulty Level: Easy 6. Like the standard required for a criminal conviction, the forfeiture of criminal assets is subject to a reasonable doubt standard.

Ans: F Learning Objective: 12-11: Understand assets forfeiture and the difference between civil and criminal assets forfeiture.

Cognitive Domain: Knowledge Answer Location: Assets Forfeiture Difficulty Level: Medium 7. The U.S. Supreme Court has the power to restrict gambling across state lines by regulating interstate commerce.

Ans: F Learning Objective: 12-5: Recreational and medical marijuana, though lawful in every state, remains criminal under federal law.

Cognitive Domain: Comprehension Answer Location: Internet Gambling Difficulty Level: Easy 8. Individuals who participate in drug courts have been found to have lower recidivism rates than individuals who are imprisoned for drug offenses.

Ans: T Learning Objective: 12-12: Know how drug courts differ from ordinary criminal courts.

Cognitive Domain: Knowledge Answer Location: Drug Courts Difficulty Level: Easy 9. The majority of Americans favor the legalization of marijuana.

Ans: T Learning Objective: 12-7: Possession of drug paraphernalia without possession of narcotics is not a criminal offense in any state.

Cognitive Domain: Knowledge Answer Location: Marijuana Difficulty Level: Easy 10. The key requirement for participation in drug courts that use the pretrial approach is that the offender must first plead guilty to a drug offense before entering a drug court program.

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Ans: F Learning Objective: 12-12: Know how drug courts differ from ordinary criminal courts.

Cognitive Domain: Comprehension Answer Location: Drug Courts Difficulty Level: Easy 11. Minors are prohibited from possessing or purchasing alcoholic beverages almost all states.

Ans: F Learning Objective: 12-1: The drinking age differs in various states and ranges between seventeen and twenty-one.

Cognitive Domain: Comprehension Answer Location: Alcoholism Difficulty Level: Easy 12. Social host liability laws hold adults liable for providing liquor in their home to minors in the event that an accident or injury occurs.

Ans: T Learning Objective: 12-1: The drinking age differs in various states and ranges between seventeen and twenty-one.

Cognitive Domain: Comprehension Answer Location: Driving and Alcohol Offenses Difficulty Level: Easy 13. All states have gradually increased the required blood alcohol level since1960s.

Ans: F Learning Objective: 12-4: Important factors in determining whether an individual is criminally liable for possession with intent to distribute narcotics are the quantity of the narcotics, the value of the narcotics, and whether the individual is in possession of items associated with the manufacture and distribution of narcotics.

Cognitive Domain: Comprehension Answer Location: Driving and Alcohol Offenses Difficulty Level: Medium 14. Mandatory minimum drug sentence occurs when the state legislature provides judges with little discretion in sentencing and specifies that the offender is to receive a specific sentence.

Ans: F Learning Objective: 12-4: Important factors in determining whether an individual is criminally liable for possession with intent to distribute narcotics are the quantity of the narcotics, the value of the narcotics, and whether the individual is in possession of items associated with the manufacture and distribution of narcotics.

Cognitive Domain: Comprehension Answer Location: Driving and Alcohol Offenses Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

15. An individual who is inebriated and causes an accident that results in death will generally be held liable for vehicular manslaughter.

Ans: T Learning Objective: 12-4: Important factors in determining whether an individual is criminally liable for possession with intent to distribute narcotics are the quantity of the narcotics, the value of the narcotics, and whether the individual is in possession of items associated with the manufacture and distribution of narcotics.

Cognitive Domain: Comprehension Answer Location: Driving and Alcohol Offenses Difficulty Level: Easy 16. The possession of narcotics and the possession of narcotics with the intent to sell are the drug offenses that account for most arrests.

Ans: T Learning Objective: 12-8: An individual charged with a narcotics offense may be subject to assets forfeiture of any money or goods in his or her possession whether or not the money or goods were obtained as a result of the criminal activity with which the individual is charged.

Cognitive Domain: Comprehension Answer Location: State Antidrug Laws Difficulty Level: Easy 17. In recent years, many states and cities have decriminalized the possession of small amount of marijuana.

Ans: T Learning Objective: 12-7: Possession of drug paraphernalia without possession of narcotics is not a criminal offense in any state.

Cognitive Domain: Comprehension Answer Location: Marijuana Difficulty Level: Easy 18. Whites and African Americans use marijuana at comparable rates. However, whites are 3.7 times more likely to be arrested than African Americans.

Ans: F Learning Objective: 12-7: Possession of drug paraphernalia without possession of narcotics is not a criminal offense in any state.

Cognitive Domain: Comprehension Answer Location: Marijuana Difficulty Level: Easy 19. Oxycodone is a synthetic opioid developed as an anesthetic in surgery and to alleviate severe pain.

Ans: F Learning Objective: 12-10: Know the elements of the crime of possession of drug paraphernalia and why the possession of drug paraphernalia is a crime.

Cognitive Domain: Comprehension

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Answer Location: Prescription Drugs Difficulty Level: Easy 20. There is no federal law that prohibits the possession of syringes.

Ans: T Learning Objective: 12-10: Know the elements of the crime of possession of drug paraphernalia and why the possession of drug paraphernalia is a crime.

Cognitive Domain: Comprehension Answer Location: Drug Paraphernalia Difficulty Level: Easy

Short Answer 1. Under a public intoxication law, where is a public place?

Ans: California courts broadly interpret a “public place” and consider a broad range of locations outside the home to be a “public place.” This includes restaurants, streets, sidewalks, stores, movie theaters, concerts, and an individual’s presence in a car parked or moving on a public street.

Learning Objective: Cognitive Domain: Comprehension Answer Location: Public Intoxication Difficulty Level: Easy 2. What are some of the methods used by the police to determine whether an individual is DUI? Ans: Field sobriety test, horizontal gaze nystagmus (HGN) test, measure the amount of blood alcohol, and Breathalyzer.

Learning Objective: 12-4: Important factors in determining whether an individual is criminally liable for possession with intent to distribute narcotics are the quantity of the narcotics, the value of the narcotics, and whether the individual is in possession of items associated with the manufacture and distribution of narcotics.

Cognitive Domain: Comprehension Answer Location: Driving and Alcohol Offenses Difficulty Level: Easy 3. What do controlled substances mean?

Ans: These are drugs and chemicals which their manufacture, distribution, and possession are regulated by the government.

Learning Objective: 12-6: Mandatory minimum sentences are criticized for providing judges with too great a degree of discretion in sentencing defendants.

Cognitive Domain: Comprehension Answer Location: The Evolution of American Antinarcotics Strategy Difficulty Level: Easy

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4. Distinguish the difference between actual possession and constructive possession.

Ans: The prosecution to prove actual possession is required to establish that the defendant (1) knew of the presence of the “object,” (2) exercised dominion and control over the object, and (3) had knowledge of the narcotic’s “unlawful character.”

Constructive possession is established when a defendant who does not have physical possession over a controlled substance has “dominion and control” over the area in which the narcotics are found.

Learning Objective: 12-6: Mandatory minimum sentences are criticized for providing judges with too great a degree of discretion in sentencing defendants.

Cognitive Domain: Comprehension Answer Location: Possession of Narcotics and Possession With Intent to Distribute Narcotics Difficulty Level: Medium 5. List all of the factors associated with when courts determine whether an individual possessed narcotics with the intent to distribute or possessed the narcotics for personal use.

Ans: (1) Quantity, (2) value, and (3) drug paraphernalia.

Learning Objective: 12-10: Know the elements of the crime of possession of drug paraphernalia and why the possession of drug paraphernalia is a crime.

Cognitive Domain: Knowledge Answer Location: Possession of Narcotics and Possession With Intent to Distribute Narcotics Difficulty Level: Easy 6. What are some of the existing arguments when considering amending the mandatory minimum narcotics laws?

Ans: (1) Inflexibility, (2) plea bargaining, (3) prosecutorial discretion, (4) increase in prison population, and (5) disparate effects.

Learning Objective: 12-10: Know the elements of the crime of possession of drug paraphernalia and why the possession of drug paraphernalia is a crime.

Cognitive Domain: Knowledge Answer Location: Possession of Narcotics and Possession With Intent to Distribute Narcotics Difficulty Level: Easy 7. What is drug paraphernalia?

Ans: Drug paraphernalia includes “items” primarily intended or designed for the manufacture, processing, preparing, or concealing of narcotics and items primarily used in injecting, ingesting, or inhaling marijuana, cocaine, and hashish or another controlled substance.

Learning Objective: 12-10: Know the elements of the crime of possession of drug paraphernalia and why the possession of drug paraphernalia is a crime.

Cognitive Domain: Knowledge Answer Location: Drug Paraphernalia Difficulty Level: Easy

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

8. Why do some commentators criticize the criminalization of drug paraphernalia?

Ans: Because most of these items and devices may be used in a legal fashion and pose a danger only when used to manufacture or to ingest controlled substances.

Learning Objective: 12-10: Know the elements of the crime of possession of drug paraphernalia and why the possession of drug paraphernalia is a crime.

Cognitive Domain: Knowledge Answer Location: Drug Paraphernalia Difficulty Level: Easy 9. Why has assess forfeiture been criticized?

Ans: It is because the local police typically are allowed to retain a percentage of proceeds from the property that is forfeited and sold, along with a percentage of any cash that is seized.

Learning Objective: 12-11: Understand assets forfeiture and the difference between civil and criminal assets forfeiture.

Cognitive Domain: Knowledge Answer Location: Assets Forfeiture Difficulty Level: Easy 10. What is the primary objective of drug courts?

Ans: The theory behind drug courts is that rather than sending nonviolent defendants charged with drug possession to prison, judges, defense attorneys, prosecutors, and court professionals should work together to establish goals and targets for defendants to achieve.

Learning Objective: 12-12: Know how drug courts differ from ordinary criminal courts.

Cognitive Domain: Comprehension Answer Location: Assets Forfeiture Difficulty Level: Easy

Essay 1. What are the differences between DWI, DUI, and DUBAL? Ans: DWI (driving while intoxicated) prohibits an individual from driving an automobile while intoxicated. DWI was expanded to punish DUI (driving under the influence), which punishes driving under the influence of liquor or narcotics. DUBAL (driving with unlawful blood alcohol content) laws hold individuals liable for driving while their blood alcohol content level was too high, despite the fact that their driving may be unaffected.

Learning Objective: 12-4: Important factors in determining whether an individual is criminally liable for possession with intent to distribute narcotics are the quantity of the narcotics, the value of the narcotics, and whether the individual is in possession of items associated with the manufacture and distribution of narcotics.

Cognitive Domain: Comprehension Answer Location: Driving and Alcohol Offenses Difficulty Level: Medium

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2. What types of acts do state drug laws typically prohibit?

Ans: State drug laws typically prohibit (1) the manufacture, sale, and purchase of controlled substances or intent to sell or deliver a controlled substance; (2) the sale, manufacture, and possession with the intent to sell or to deliver within 1,000 ft. of a school; (3) the purchase or possession with the intent to sell controlled substances that may not be legally conveyed absent a lawful prescription or license; (4) the sale of narcotics to juveniles or involvement of juveniles in the narcotics trade; and (5) the possession, manufacture, delivery, or advertisement of drug paraphernalia.

Learning Objective: 12-8: An individual charged with a narcotics offense may be subject to assets forfeiture of any money or goods in his or her possession whether or not the money or goods were obtained as a result of the criminal activity with which the individual is charged. | 12-10: Know the elements of the crime of possession of drug paraphernalia and why the possession of drug paraphernalia is a crime.

Cognitive Domain: Knowledge Answer Location: State Antidrug Laws Difficulty Level: Medium 3. What are the two approaches to drug courts?

Ans: (1) Pretrial approach--A defendant who is arrested for drug possession and who has not been convicted of a crime of violence in the past, with the agreement of the prosecutor, may be diverted from the conventional criminal justice process into the drug court program. (2) Post adjudication approach--Defendants plead guilty and then are eligible to enter the drug court program.

Learning Objective: 12-12: Know how drug courts differ from ordinary criminal courts.

Cognitive Domain: Comprehension Answer Location: Drug Courts Difficulty Level: Medium 4. Crystal meth is a growing drug of choice for youth. Discuss how the law is attempting to regulate the manufacture of crystal meth.

Ans: The Combat Methamphetamine Epidemic Act of 2005 regulates over-the-counter purchases of precursor chemicals for manufacturing crystal meth. Penalties are increased for smuggling and selling meth. There are stricter policies surrounding the storage and sale of precursor chemicals, and stores are required to keep a record of purchasers to prevent an individual from going from one store to another so as to purchase an unlimited amount of chemicals.

Learning Objective: 12-6: Mandatory minimum sentences are criticized for providing judges with too great a degree of discretion in sentencing defendants.

Cognitive Domain: Knowledge Answer Location: Crystal Meth Difficulty Level: Easy 5. What is criminal forfeiture? Compare and contrast criminal forfeiture with civil forfeiture.

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Ans: Criminal forfeiture occurs when an individual convicted of a narcotics offense forfeits property associated with the offense for which he or she has been convicted.

Criminal forfeiture must be proven by a preponderance of the evidence. Unlike criminal forfeiture, civil forfeiture does not require a criminal charge or a criminal conviction.

However, civil forfeiture is similar to criminal forfeiture in that it also requires proof by a preponderance of the evidence.

Learning Objective: 12-11: Understand assets forfeiture and the difference between civil and criminal assets forfeiture.

Cognitive Domain: Comprehension Answer Location: Assets Forfeiture Difficulty Level: Medium

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Chapter 13: Offenses Against Public Administration and the Administration of Justice Test Bank Multiple Choice 1. John failed to report a felony but did not take an affirmative step to help the offender.

Which of the following common law crimes did John commit?

A. obstruction of justice B. justice tampering C. subornation of perjury D. misprision of a felony Ans: D Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension Answer Location: Compounding a Crime Difficulty Level: Easy 2. An individual who is held in contempt of court is referred to as the ______.

A. contemnee B. defendant C. contemnor D. litigant Ans: C Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Knowledge Answer Location: Contempt Difficulty Level: Easy 3. The rule that provides that a conviction for perjury is required to be based on the testimony of two witnesses or of one witness and supporting (corroborating) evidence such as a confession or a document is known as ______.

A. one-plus-one witness rule B. consistent statement rule C. antiperjury rule D. two-witness rule Ans: D

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Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Knowledge Answer Location: Perjury Difficulty Level: Easy 4. Procuring another person to testify falsely under oath is punishable as which of the following crimes?

A. obstruction of justice B. perjury C. subornation of perjury D. unlawful solicitation Ans: C Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Knowledge Answer Location: Subornation of Perjury Difficulty Level: Easy 5. Unknowingly receiving or offering to another any consideration for a promise not to prosecute or aid in the prosecution of an offender is known as ______.

A. compounding a crime B. misprision of a felony C. obstruction of justice D. solicitation of a felony Ans: A Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge Answer Location: Compounding a Crime Difficulty Level: Easy 6. The common law custom of ______ requires all men to assist in the apprehension of offenders.

A. bystander principle B. hue and cry C. offender pursuit D. duty to assist Ans: B

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Learning Objective: 13-5: An individual who is not a defendant in a criminal case has no legal obligation to cooperate with the prosecution and for that reason cannot be held criminally liable for obstruction of justice or for tampering with evidence.

Cognitive Domain: Knowledge Answer Location: The Citizen’s Duty to Assist Law Enforcement Difficulty Level: Easy 7. An unlawful payment made to reward a public official for action taken or that will be taken in the future is punishable as ______.

A. obtaining an unfair advantage B. offering a bribe to a public official C. receiving an unlawful gratuity D. official malfeasance Ans: C Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Knowledge Answer Location: Bribery Difficulty Level: Easy 8. Which of the following is a defense to perjury when in the same continuous proceeding an individual states that an earlier statement was false?

A. falsification B. affirmation C. abandonment D. recantation Ans: D Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension Answer Location: Perjury Difficulty Level: Easy 9. Which of the following crimes involves negligently or recklessly allowing an individual to escape from confinement?

A. prison break B. reckless escape C. negligent escape D. purposeful escape Ans: C Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

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Cognitive Domain: Comprehension Answer Location: Escape Difficulty Level: Easy 10. Which common law crime punished the unlawful collection of money by a government official but was expanded to include private individuals?

A. extortion B. contempt C. blackmail D. solicitation Ans: A Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Comprehension Answer Location: Extortion Difficulty Level: Easy 11. Common law judges developed several crimes to ensure that the political and legal systems were free of corruption and ______.

A. extortion B. contempt C. fraud D. solicitation Ans: C Learning Objective: 13-1: A conviction for bribery of a public official requires that an individual offer a public official money or an item of value in return for an official act and that the public official accept the offer and commit the official act.

Cognitive Domain: Comprehension Answer Location: Introduction Difficulty Level: Easy 12. ______ is a wrongful act such as a police officer’s abuse of a defendant to extract a confession, or a police officer’s destruction of evidence.

A. Nonfeasance B. Misfeasance C. Malfeasance D. Color of office Ans: C Learning Objective: 13-1: A conviction for bribery of a public official requires that an individual offer a public official money or an item of value in return for an official act and that the public official accept the offer and commit the official act.

Cognitive Domain: Comprehension Answer Location: Introduction Difficulty Level: Easy

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13. ______ is the failure to fulfill a duty to act.

A. Nonfeasance B. Misfeasance C. Malfeasance D. Color of office Ans: A Learning Objective: 13-1: A conviction for bribery of a public official requires that an individual offer a public official money or an item of value in return for an official act and that the public official accept the offer and commit the official act.

Cognitive Domain: Comprehension Answer Location: Introduction Difficulty Level: Easy 14. Which of the following states is not a state that is considered the least corrupt?

A. Washington B. Oregon C. California D. New Hampshire Ans: C Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Comprehension Answer Location: Bribery Difficulty Level: Easy 15. Which of the following is not required for the offense of offering a bribe to a public official?

A. The public official occupied an official position or possessed official duties.

B. The accused wrongfully promised, offered, or gave money or an item of value to a public official.

C. The money or item of value was promised, offered, or given with the intent to influence an official decision or action of the individual.

D. The accused asked, accepted, or received money or an item of value with the intent to have his or her decision or action influenced with respect to this matter.

Ans: C Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension Answer Location: Bribery Difficulty Level: Medium 16. What kind of intent does a public official has to have in order for the crime of bribery is complete at the moment the bribe is offered?

A. malicious

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B. corrupt C. reckless D. inconsistent Ans: B Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension Answer Location: Bribery Difficulty Level: Medium 17. The common law misdemeanor of ______ punished the unlawful collection of money by a governmental official.

A. extortion B. blackmail C. bribery D. embezzlement Ans: A Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Knowledge Answer Location: Extortion Difficulty Level: Easy 18. Which of the following is not considered to be an object of extortion?

A. labor B. services C. only things of monetary worth D. something of importance Ans: C Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Application Answer Location: Extortion Difficulty Level: Medium 19. What was developed to punish false statements on documents?

A. false promoting B. false promising C. false answering D. false swearing Ans: D

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Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension Answer Location: Perjury Difficulty Level: Easy 20. A perjured statement is required to be ______ to the proceedings.

A. confidential B. material C. immaterial D. anonymous Ans: B Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension Answer Location: Perjury Difficulty Level: Easy 21. ______ applies when in the same continuous proceeding an individual states that an earlier statement was false.

A. Obstruction B. Falsification C. Recantation D. Subornation Ans: C Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension Answer Location: Obstruction of Justice Difficulty Level: Easy 22. Which of the following is NOT included in the Illinois statute on obstruction of justice?

A. destroys, alters, conceals or disguises physical evidence, plants false evidence, furnishes false information B. induces a witness having knowledge material to the subject at issue to leave the State or conceal himself C. possessing knowledge material to the subject at issue, he leaves the State or conceals himself D. prevents, hinders, or delays the apprehension or prosecution of an individual who has committed a criminal offense Ans: D

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Learning Objective: 13-5: An individual who is not a defendant in a criminal case has no legal obligation to cooperate with the prosecution and for that reason cannot be held criminally liable for obstruction of justice or for tampering with evidence.

Cognitive Domain: Comprehension Answer Location: Obstruction of Justice Difficulty Level: Easy 23. Stephanie was pulled over for a speeding, and the officer observed her stuff something into her mouth. Stephanie was transported to a hospital where her stomach was pumped, and she expelled a bag of heroin. What charges are possible for the Stephanie’s action?

A. for speeding only B. speeding and unlawful possession of narcotics C. speeding, unlawful possession of narcotics, and obstruction of justice D. none of these Ans: C Learning Objective: 13-5: An individual who is not a defendant in a criminal case has no legal obligation to cooperate with the prosecution and for that reason cannot be held criminally liable for obstruction of justice or for tampering with evidence.

Cognitive Domain: Comprehension Answer Location: Obstruction of Justice Difficulty Level: Medium 24. Which of the following charges implies when an individual prevents, hinders, or delays the apprehension or prosecution of another individual who has committed a criminal offense?

A. accessoryship B. tampering with evidence C. omission D. hue and cry Ans: A Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension Answer Location: Obstruction of Justice Difficulty Level: Easy 25. Which of the following court cases held the requirements of a statute making it a misdemeanor for any person to refuse to assist a peace officer or fireman authorized to command assistance in the execution of his duties?

A. Davila v. State B. State v. Floyd C. State v. Pichon

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D. Greenberg v. United States Ans: B Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge Answer Location: The Citizen’s Duty to Assist Law Enforcement Difficulty Level: Easy 26. How many states do recognize the right of an individual to resist an unlawful arrest in the United States?

A. 5 B. 7 C. 12 D. 17 Ans: C Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge Answer Location: Resisting Arrest Difficulty Level: Easy 27. Which of the following court cases resulted in passing a law recognizing that citizens possess the right of self-defense against police officers unlawfully entering their homes?

A. State v. Ramsdell B. State v. Floyd C. State v. Pichon D. Shoultz v. State Ans: A Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge Answer Location: Resisting Arrest Difficulty Level: Easy 28. Which of the following court case led to the observation that law enforcement officers are rarely called to account for illegal arrests and that the right to resist provides an effective deterrent to police illegality?

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A. State v. Ramsdell B. State v. Floyd C. State v. Wiegmann D. Shoultz v. State Ans: C Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge Answer Location: Resisting Arrest Difficulty Level: Easy 29. Which of the following is NOT part of the Colorado statute on compounding?

A. Compounding is a class 3 misdemeanor punishable by up to 6 months in prison and a fine of between $50 and $750.

B. a person commits compounding who accepts or agrees to accept money, property, or any economic gain in return C. knowingly agreeing to take anything of value in return for concealing a crime, withholding evidence, or failing to pursue a prosecution D. an affirmative defense that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime Ans: C Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge Answer Location: Compounding a Crime Difficulty Level: Easy 30. Which of the following elements is NOT the U.S. Code of misprision of a felony?

A. taking affirmative steps to conceal the crime, such as destruction of evidence B. failing to pursue prosecution of an offender C. knowledge a felony was committed D. failure to notify the authorities of the crime Ans: B Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Knowledge

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Answer Location: Compounding a Crime Difficulty Level: Easy 31. A lawyer who violates a gag order and holds a press conference with the media criticizing the judge can be held responsible in ______.

A. direct criminal contempt B. indirect criminal contempt C. legislative contempt D. judicial contempt Ans: B Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension Answer Location: Contempt Difficulty Level: Medium 32. Which of the following is NOT part of the federal courts’ broad contempt powers?

A. misbehaviors that intentionally facilitate or permit an escape from a detention facility B. disobedience or resistance to its lawful writ, process, order, rule, decree, or command C. misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice D. misbehavior of any of its officers in their official transactions Ans: A Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Knowledge Answer Location: Contempt Difficulty Level: Easy 33. ______ offers the power to punish “disrespectful and disorderly” behavior as well as individuals who refuse a subpoena to testify or to submit documents.

A. Direct criminal contempt B. Indirect criminal contempt C. Legislative contempt D. Judicial contempt Ans: C Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension Answer Location: Contempt Difficulty Level: Easy

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34. Who can NOT be held responsible for indirect criminal contempt?

A. defendant B. lawyer C. juror D. bailiff Ans: D Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension Answer Location: Contempt Difficulty Level: Medium 35. What is the maximum grade of punishment for aggravated contempt?

A. 2 years in prison B. 7 years in prison C. 30 years in prison D. life sentence Ans: B Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension Answer Location: Contempt Difficulty Level: Medium 36. Which of the following factors did the U.S. Supreme Court recommend to consider in punishing criminal contempt?

A. the seriousness of the consequences of the contumacious behavior B. the importance of deterring such acts in the future C. the extent of the willful and deliberate defiance of the court’s order D. the racial backgrounds of the people on trial Ans: D Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension Answer Location: Contempt Difficulty Level: Easy 37. The legislative contempt power includes the power to punish “______” behavior as well as individuals who refuse a subpoena to testify or to submit documents.

A. aggressive and disrespectful B. disorderly and aggressive C. disrespectful and disorderly D. disrespectful and obstructing

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Ans: C Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension Answer Location: Contempt Difficulty Level: Easy 38. In ______, money or a valuable benefit is offered or provided to a public official in return for an official’s action or inaction.

A. extortion B. blackmail C. bribery D. embezzlement Ans: C Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Knowledge Answer Location: Bribery Difficulty Level: Easy 39. ______ is negligently or recklessly allowing an individual to escape from confinement.

A. Negligent escape B. Reckless escape C. Prison escape D. Prison break Ans: C Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Knowledge Answer Location: Escape Difficulty Level: Easy

True/False 1. A defendant cannot be guilty of bribery if the public official refuses to accept the bribe.

Ans: F

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Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension Answer Location: Bribery Difficulty Level: Medium 2. A jury member who speaks about a specific case despite the court’s issuance of a court order may be held liable for contempt of court.

Ans: T Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Knowledge Answer Location: Contempt Difficulty Level: Easy 3. The federal crime of blackmail requires the use of force or the threat to use force.

Ans: F Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Comprehension Answer Location: Extortion Difficulty Level: Easy 4. The law does not recognize any legal excuses or justifications to prison escape.

Ans: F Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Knowledge Answer Location: Escape Difficulty Level: Easy 5. If a correction officer recklessly permits an escape from a jail, the officer may be held liable for the escape.

Ans: T Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Comprehension Answer Location: Escape Difficulty Level: Easy

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6. Bribery and receiving an unlawful gratuity are prosecuted as the same crime.

Ans: F Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension Answer Location: Bribery Difficulty Level: Easy 7. Under federal law, blackmail and extortion are the same crime.

Ans: F Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Comprehension Answer Location: Extortion Difficulty Level: Easy 8. The crime of perjury must be proven beyond a reasonable doubt.

Ans: T Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Knowledge Answer Location: Perjury Difficulty Level: Easy 9. If an individual escapes from prison based on necessity but fails to turn him- or herself in after the threat has passed, the individual may be found guilty of escape.

Ans: T Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Comprehension Answer Location: Defenses to Prison Escape Difficulty Level: Easy 10. Only a sports participant can be found guilty of receiving a sports bribe.

Ans: F Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension Answer Location: Sports Bribery

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Difficulty Level: Easy 11. Edward Cox was sentenced to 8 months in prison for fraud.

Ans: F Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension Answer Location: Bribery Difficulty Level: Easy 12. In bribery, the Model Penal Code (MPC) states that a benefit means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person.

Ans: T Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension Answer Location: Bribery Difficulty Level: Easy 13. Commercial bribery is a new type of crime and no states have criminal codes for this crime.

Ans: F Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension Answer Location: Commercial Bribery Difficulty Level: Easy 14. Perjury used to be able to punishable with death.

Ans: T Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension Answer Location: Commercial Bribery Difficulty Level: Easy 15. In addition to statutes punishing obstruction of justice, most states have statutes punishing accessoryship after the fact.

Ans: T

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Learning Objective: 13-5: An individual who is not a defendant in a criminal case has no legal obligation to cooperate with the prosecution and for that reason cannot be held criminally liable for obstruction of justice or for tampering with evidence.

Cognitive Domain: Comprehension Answer Location: Obstruction of Justice Difficulty Level: Easy 16. Resisting arrest occurs when he or she intentionally flees from an individual that he or she knows is a police officer attempting lawfully to detain him or her.

Ans: F Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension Answer Location: Resisting Arrest Difficulty Level: Easy 17. The acceptance of money or something of value in exchange for agreeing not to prosecute a felony was considered an obstruction of justice.

Ans: F Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension Answer Location: Compounding a Crime Difficulty Level: Easy 18. Prison escape is a detainee’s unlawful flight from confinement through the use of force.

Ans: F Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Comprehension Answer Location: Escape Difficulty Level: Easy 19. A number of courts recognize the defense that an individual who escaped was wrongfully incarcerated, although most courts do not recognize the defense of self-help.

Ans: T

Commented [GW1]: Please fill out this field.

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Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Comprehension Answer Location: Defenses to Prison Escape Difficulty Level: Easy 20. The legislative contempt is punishable as felony.

Ans: F Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension Answer Location: Legislative Contempt Difficulty Level: Easy

Short Answer 1. What are crimes of official misconduct?

Ans: Crimes of official misconduct are defined as the knowingly corrupt behavior by a public official in the exercise of his or her official responsibilities.

Learning Objective: 13-1: A conviction for bribery of a public official requires that an individual offer a public official money or an item of value in return for an official act and that the public official accept the offer and commit the official act.

Cognitive Domain: Comprehension Answer Location: Introduction Difficulty Level: Easy 2. How does the bribery today differ from bribery in the past?

Ans: The common law crime of bribery originally was limited to offering money or an item of value to a judge in return for the judge’s taking an official action such as acquitting a defendant of a criminal charge. Bribery today is committed by an individual who gives, offers, or promises a benefit to a public official as well as by a public official who demands, agrees to accept, or accepts a bribe. In other words, bribery involves two separate crimes--that is, it punishes giving as well as receiving a bribe, and requires an intent to influence or to be influenced in the carrying out of a public duty.

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension Answer Location: Bribery Difficulty Level: Easy

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3. What is the difference between bribery and gratuity?

Ans: Bribery is payment with the intent to influence the public official to take a specific action. A gratuity is an unlawful payment made to reward a public official for action taken or that will be taken in the future.

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension Answer Location: Bribery Difficulty Level: Easy 4. What is the major criticism against the Foreign Corrupt Practices Act? Ans: U.S. corporate officials, with some justification, claim that they are at a disadvantage in competing abroad against foreign corporations whose countries do not prohibit bribery of foreign officials.

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension Answer Location: Foreign Corrupt Practices Act Difficulty Level: Easy 5. What is the required intent for perjury?

Ans: A false statement must be made with knowledge of its falsity.

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension Answer Location: Perjury Difficulty Level: Easy 6. What is the primary purpose of the two-witness rule?

Ans: The reason for this rule is that courts want to avoid a “swearing contest” between a defendant who asserts that he or she was truthful and a witness who alleges that the defendant’s statement was false.

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension Answer Location: Perjury Difficulty Level: Easy 7. What makes an individual to be guilty of evading arrest?

Ans: A person is guilty of evading arrest if he or she intentionally flees from an individual that he or she “knows is a police officer attempting lawfully to detain” him or her.

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Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension Answer Location: Resisting Arrest Difficulty Level: Easy 8. What are some of the considerations for the offense of compounding a crime?

Ans: (1) Society, (2) reporting crime, and (3) public policy.

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension Answer Location: Compounding a Crime Difficulty Level: Easy 9. Provide some examples of the existing federal laws that prohibit an individual from fleeing across state lines to avoid arrest or confinement.

Ans: Federal law provides that an individual confined based on a felony charge or conviction who escapes “custody or confinement” shall be imprisoned not more than 5 years and fined or both. It also is a federal crime to rescue, attempt to rescue, or aid and assist in an escape.

Learning Objective: 13-8: An inmate who escapes from prison may under the appropriate circumstances rely on the duress and necessity defenses but may be held criminally liable because he or she failed to turn him- or herself in to authorities once the imminent and immediate threat of physical harm was removed.

Cognitive Domain: Comprehension Answer Location: Escape Difficulty Level: Easy 10. What is the difference between direct and indirect criminal contempt?

Ans: Direct criminal contempt is committed in the immediate presence of the judge or court or sufficiently close to the court to impede or to interfere with the judicial process.

Indirect criminal contempt involves acts that occur outside the presence of the court that impede or interfere with the judicial process.

Learning Objective: 13-9: A defendant may not be held in direct criminal contempt by the same judge who charges that the criminal defendant or lawyer impeded or interfered with the criminal process during the trial.

Cognitive Domain: Comprehension Answer Location: Direct and Indirect Criminal Contempt Difficulty Level: Easy

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Essay 1. Why does the law punish the offense of compounding a crime?

Ans: The law punishes the offense of compounding a crime because (1) a crime is an offense against society as well as the victim, and the victim should not impede the public interest in prosecuting criminal behavior; (2) individuals should be encouraged to report crimes to criminal justice officials who are authorized to make a judgment whether to pursue the prosecution; and (3) economically advantaged offenders are not entitled to “buy” an exemption from criminal liability.

Learning Objective: 13-7: It is perfectly legal in a number of states for the victim of a crime to accept money or an item of value in return for not reporting the commission of the crime so long as the benefit received by the individual for not reporting the crime does not exceed an amount that the individual reasonably believed to be lost as a result of the crime.

Cognitive Domain: Comprehension Answer Location: Compounding a Crime Difficulty Level: Medium 2. Discuss the elements of perjury, and describe the ways perjury may be proven.

Ans: Perjury has six elements: (1) oath, (2) administration of oath, (3) proceedings, (4) false statement, (5) material, and (6) intent. The three ways to prove perjury are: (1) two-witness rule, (2) inconsistent statements, and (3) recantation. (Students must then discuss these three ways of proving perjury.)

Learning Objective: 13-4: A defendant in a criminal case has the right to defend him- or herself, and the defendant possesses the burden to prove his or her innocence beyond a reasonable doubt.

Cognitive Domain: Comprehension Answer Location: Perjury Difficulty Level: Easy 3. What are the elements of extortion? How is extortion different from bribery?

Ans: Extortion has several elements: (1) the taking of property by a present threat of future violence; (2) present threat to circulate secret, embarrassing, or harmful information; or (3) present threat to bring criminal charges, take official government action, or to inflict economic harm; and (4) the specific intent to deprive an individual of lawful possession of his or her money or property. Bribery is different from extortion because while it also involves the attempt to wrongfully influence an individual, the individual involved in a bribery is a public official. A public or private individual may be the subject of extortion. Additionally, extortion notably involves a threat against the person who is being extorted.

Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Comprehension Answer Location: Extortion Difficulty Level: Medium

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4. Mary meets Jacob, a young and prominent political figure, at a rally. The two develop a relationship that lasts a number of years; however, the relationship ends bitterly. Mary, angry and resentful, threatens to reveal embarrassing secrets about Jacob and Jacob’s family if he does not get back together with her. Is Mary guilty of extortion? Why or why not? Is Mary guilty of blackmail? Why or why not?

Ans: Mary is guilty of blackmail. Blackmail is the threat to disclose secret or embarrassing information, and Mary threatened to reveal embarrassing secrets about Jacob and Jacob’s family. Mary, however, is not guilty of extortion because extortion has a required specific intent to deprive an individual of lawful possession of his or her money or property. Because Mary’s intent is to get back together with Jacob, she is not guilty of extortion.

Learning Objective: 13-3: Perjury may be established by a false statement or by an evasive statement or by a truthful statement made with the intent to deceive under oath in a legal proceeding.

Cognitive Domain: Comprehension Answer Location: Extortion Difficulty Level: Easy 5. What are the elements for the offense of offering a bribe to a public official and the offense of soliciting a bribe?

Ans: The offense of offering a bribe to a public official has three elements: (1) the accused wrongfully promised, offered, or gave money or an item of value to a public official; (2) the public official occupied an official position or possessed official duties; and (3) the money or item of value was promised, offered, or given with the intent to influence an official decision or action of the individual. The offense of soliciting a bribe has three elements: (1) the accused wrongfully asked, accepted, or received money or an item of value from a person or organization; (2) the accused occupied an official position or exercised official duties; and (3) the accused asked, accepted, or received money or an item of value with the intent to have his or her decision or action influenced with respect to this matter.

Learning Objective: 13-2: Extortion is defined exactly like bribery with the exception that extortion involves offering money or an item of value to a private individual rather than to a public official.

Cognitive Domain: Comprehension Answer Location: Bribery Difficulty Level: Medium

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Chapter 14: Crimes Against the State Test Bank Multiple Choice 1. Which of the following is not an act of espionage?

A. theft by foreign governments of trade secrets from U.S. corporations B. the destruction of national defense utilities C. transmission of a code book relating to the national defense D. stealing plans from U.S. defense files relating to the design of a nuclear bomb Ans: B Learning Objective: 14-4: Know the elements of the crime of espionage.

Cognitive Domain: Comprehension Answer Location: Espionage Difficulty Level: Medium 2. Which of the following is not one of the most frequently violated provisions of federal immigration law?

A. marriage fraud B. harboring a person who is in the country illegally C. boundary infringement D. counterfeiting immigration document Ans: C Learning Objective: 14-8: Know the purpose of immigration law and the types of violations of immigration law that are punished criminally.

Cognitive Domain: Comprehension Answer Location: Immigration Difficulty Level: Medium 3. The standard for determining whether an individual is a lawful or unlawful combatant is set forth in which of the following?

A. American Combat Treaty B. International Court Convention C. International Human Rights Treaty D. Geneva Convention of 1949 Ans: D Learning Objective: 14-7: Understand combat immunity and its importance for the war on terror.

Cognitive Domain: Knowledge Answer Location: Combat Immunity Difficulty Level: Easy

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4. At common law, any communication intended or likely to bring about hatred, contempt, or dissatisfaction with the king, the constitution, or the government was punished as an act of ______.

A. espionage B. sedition C. sabotage D. treason Ans: B Learning Objective: 14-2: Know the act and intent requirements for sedition and for seditious conspiracy.

Cognitive Domain: Knowledge Answer Location: Sedition Difficulty Level: Easy 5. Which of the following crimes, prohibited by the U.S. Code, communicates, delivers, transmits, or attempts to communicate information to a foreign government purposely to injure the United States?

A. treason B. sabotage C. sedition D. espionage Ans: D Learning Objective: 14-4: Know the elements of the crime of espionage.

Cognitive Domain: Comprehension Answer Location: Espionage Difficulty Level: Easy 6. The willful injury, destruction, contamination, or infection of any war material, war premises, or war utilities with the intent of interfering or obstructing the United States or an allied country during a war or national emergency is punishable as an act of ______.

A. treason B. sabotage C. sedition D. espionage Ans: B Learning Objective: 14-3: Understand the intent and act standards required to prove sabotage.

Cognitive Domain: Comprehension Answer Location: Sabotage Difficulty Level: Easy 7. One of the purposes of ______ terrorism is intended to intimidate or coerce the American population.

A. domestic B. international C. foreign

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D. political Ans: A Learning Objective: 14-5: Understand the difference between domestic and international terrorism, and terrorism transcending international borders.

Cognitive Domain: Comprehension Answer Location: Definition of Terrorism Difficulty Level: 8. The mens rea of treason is characterized as which of the following?

A. intent to betray the United States B. levy of war against the United States C. promotion of an enemy of the United States D. criticism of the United States Ans: A Learning Objective: 14-1: Understand the law of treason and evidentiary requirements to prove treason.

Cognitive Domain: Comprehension Answer Location: Treason | Criminal Act and Criminal Intent Difficulty Level: Easy 9. The seizing or exercising control over an aircraft by force, violence, threat of force or violence, or any form of intimidation with a wrongful intent is punishable as an act of ______.

A. aircraft hijacking B. air piracy C. air vehicle hijacking D. vehicular piracy Ans: B Learning Objective: 14-6: Know the types of acts that are punished criminally under federal terrorism statutes.

Cognitive Domain: Knowledge Answer Location: Mass Transportation Systems Difficulty Level: Easy 10. Which of the following is the only crime defined in the U.S. Constitution?

A. sedition B. espionage C. sabotage D. treason Ans: D Learning Objective: 14-1: Understand the law of treason and evidentiary requirements to prove treason.

Cognitive Domain: Knowledge Answer Location: Treason | Criminal Act and Criminal Intent Difficulty Level: Easy

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11. Not only the American colonists adopted a constitutional system intended to guard against the excesses of governmental power, but they also appreciated the need to ______ and to ______ domestic threats to the government.

A. prevent; diminish B. prevent; punish C. track; punish D. track; challenge Ans: B Learning Objective: 14-1: Understand the law of treason and evidentiary requirements to prove treason.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 12. Which of the following is NOT the actus reus of treason to individuals engaged in armed opposition to the government or in providing aid and comfort to the enemy?

A. providing arms to the enemy B. fomenting strikes in defense plants C. intent to betray the United States D. charging exorbitant prices for essential armaments Ans: C Learning Objective: 14-1: Understand the law of treason and evidentiary requirements to prove treason.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 13. During the colonial time, British officials applied the law on treason against rebellious servants and government critics, and the punishment were ______ and ______.

A. drawing; stoning B. branding; hanging C. drawing; hanging D. stoning; quartering Ans: C Learning Objective: 14-1: Understand the law of treason and evidentiary requirements to prove treason.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 14. Which of the following factors is not required by the Constitution for treason be clearly established by the prosecution and to protect individuals against convictions based on the following factors EXCEPT ______.

A. espionage B. false testimony

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C. prejudice D. passion Ans: A Learning Objective: 14-1: Understand the law of treason and evidentiary requirements to prove treason.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 15. The United States has brought ______ prosecutions for treason.

A. only a handful of B. few hundreds of C. few thousands of D. two million Ans: A Learning Objective: 14-1: Understand the law of treason and evidentiary requirements to prove treason.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 16. In which court case, the U.S. convicted a U.S. citizen who gave aid and comfort to the enemy during World War II by working as a radio broadcaster for the Japanese government?

A. Dennis v. United States B. Yates v. United States C. Cramer v. United States D. D’Aquino v. United States Ans: D Learning Objective: 14-1: Understand the law of treason and evidentiary requirements to prove treason.

Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 17. The difference between seditious speech and seditious libel is ______.

A. libel is limited to newspaper articles B. libel only applies to the government C. libel is limited to writing D. libel applies to the public only Ans: C Learning Objective: 14-2: Know the act and intent requirements for sedition and for seditious conspiracy.

Cognitive Domain: Comprehension Answer Location: Sedition Difficulty Level: Easy

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18. Which of the following acts does not denounce advocacy in the sense of preaching abstractly the forcible overthrow of the Government?

A. Economic Espionage Act B. Espionage Ac C. Smith Act D. Alien and Sedition Act Ans: C Learning Objective: 14-2: Know the act and intent requirements for sedition and for seditious conspiracy.

Cognitive Domain: Comprehension Answer Location: Sedition Difficulty Level: Easy 19. Which of the following acts punishes any person writing or stating anything false, scandalous, and malicious against the government, president, or Congress with the intent to defame or to bring any of these parties into disrepute or to excite . . . the hatred of the . . . people of the United States, or to stir up sedition?

A. Economic Espionage Act B. Espionage Act C. Smith Act D. Alien and Sedition Act Ans: D Learning Objective: 14-2: Know the act and intent requirements for sedition and for seditious conspiracy.

Cognitive Domain: Comprehension Answer Location: Sedition Difficulty Level: Easy 20. Which of the following crimes is more difficult to prove?

A. espionage during wartime B. espionage during peacetime C. dissemination of classified government information D. dissemination of information about the president Ans: B Learning Objective: 14-4: Know the elements of the crime of espionage.

Cognitive Domain: Application Answer Location: Espionage Difficulty Level: Medium 21. Individuals involved in industrial espionage are subject to prosecution under the ______.

A. Economic Espionage Act B. Espionage Act C. Smith Act D. Alien and Sedition Act

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Ans: A Learning Objective: 14-4: Know the elements of the crime of espionage.

Cognitive Domain: Comprehension Answer Location: Espionage Difficulty Level: Easy 22. ______ is intended to intimidate or coerce the American population or is intended to influence or affect the public policy of the United States primarily within the territorial jurisdiction of the United States.

A. Domestic terrorism B. International terrorism C. Federal terrorism D. Extraterritorial terrorism Ans: A Learning Objective: 14-5: Understand the difference between domestic and international terrorism, and terrorism transcending international borders.

Cognitive Domain: Comprehension Answer Location: Definition of Terrorism Difficulty Level: Easy 23. ______ is intended to intimidate or coerce the American population or is intended to influence or affect the public policy of the United States outside of the United States.

A. Domestic terrorism B. International terrorism C. Federal terrorism D. Extraterritorial terrorism Ans: B Learning Objective: 14-5: Understand the difference between domestic and international terrorism, and terrorism transcending international borders.

Cognitive Domain: Comprehension Answer Location: Definition of Terrorism Difficulty Level: Easy 24. Which of the following is not a weapon of mass destruction?

A. smallpox B. poison gas C. nuclear material D. tear gas Ans: D Learning Objective: 14-6: Know the types of acts that are punished criminally under federal terrorism statutes.

Cognitive Domain: Comprehension Answer Location: Weapons of Mass Destruction Difficulty Level: Easy

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25. Which one of the following court cases resulted in an establishment of the American Chemical Warfare Act? A. Gorin v. United States B. Arizona v. United States C. United States v. Bond D. Holder v. Humanitarian Law Project Ans: C Learning Objective: 14-6: Know the types of acts that are punished criminally under federal terrorism statutes.

Cognitive Domain: Knowledge Answer Location: Weapons of Mass Destruction Difficulty Level: Easy 26. An aggravated offense of a weapon of mass destruction against a mass transportation system is punishable by up to what?

A. 10 years of imprisonment B. 20 years of imprisonment C. life imprisonment D. death Ans: C Learning Objective: 14-6: Know the types of acts that are punished criminally under federal terrorism statutes.

Cognitive Domain: Comprehension Answer Location: Mass Transportation Systems Difficulty Level: Easy 27. Which of the following things is not a material support or resources in support of terrorism?

A. false documentation B. airplanes C. personnel D. religious materials Ans: D Learning Objective: 14-6: Know the types of acts that are punished criminally under federal terrorism statutes.

Cognitive Domain: Comprehension Answer Location: Mass Transportation Systems Difficulty Level: Easy 28. What is the maximum sentence for involuntary manslaughter of a U.S. national outside the United States?

A. 1 year B. 3 years C. 10 years D. life or death Ans: B

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Learning Objective: 14-5: Understand the difference between domestic and international terrorism, and terrorism transcending international borders.

Cognitive Domain: Comprehension Answer Location: Definition of Terrorism Difficulty Level: Easy 29. Which court case challenged the constitutional status of the material support statute, including training, expert advice or assistance, service, and personnel?

A. Gorin v. United States B. Arizona v. United States C. United States v. Bond D. Holder v. Humanitarian Law Project Ans: D Learning Objective: 14-6: Know the types of acts that are punished criminally under federal terrorism statutes.

Cognitive Domain: Comprehension Answer Location: Material Support for Terrorism Difficulty Level: Medium 30. Who was known as the American Taliban?

A. James Comey B. John Walker Lindh C. Steven Earl D. Jeffrey Walker Ans: B Learning Objective: 14-7: Understand combat immunity and its importance for the war on terror.

Cognitive Domain: Comprehension Answer Location: Combat Immunity Difficulty Level: Easy 31. Which one of the following reasons is not utilized by the federal district court for denying lawful combatant status to the Taliban?

A. The organization did not respect the rules of warfare.

B. The members of the organization did not wear recognizable military uniforms or symbols.

C. The organization lacked a disciplined command structure.

D. The organization was foreign in nature and so may not seek the protection of the Geneva Convention.

Learning Objective: 14-7: Understand combat immunity and its importance for the war on terror.

Ans: D Cognitive Domain: Application Answer Location: Combat Immunity Difficulty Level: Medium

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32. Which court case is recognized as the beltway sniper case?

A. Muhammad v. Commonwealth B. Arizona v. United States C. United States v. Bond D. Gorin v. United States Ans: A Learning Objective: 14-7: Understand combat immunity and its importance for the war on terror.

Cognitive Domain: Comprehension Answer Location: State Terrorism Statutes Difficulty Level: Easy 33. ______ regulates the entry of individuals into the United States, the length of their stay, whether they may work or attend school, the treatment of individuals who are in the United States unlawfully, and the process by which individuals can become legally naturalized citizens.

A. Immigration law B. Terrorism law C. Immigration Marriage Fraud Amendments D. Immigration and Nationality Act Ans: A Learning Objective: 14-8: Know the purpose of immigration law and the types of violations of immigration law that are punished criminally.

Cognitive Domain: Comprehension Answer Location: Immigration Difficulty Level: Easy 34. The 1986 Immigration Reform and Control Act is also known as the ______.

A. Deferred Action for Childhood Arrivals B. Illegal Immigration Reform and Immigrant Responsibility Act C. Simpson–Mazzoli Act D. Immigration and Nationality Act Ans: C Learning Objective: 14-8: Know the purpose of immigration law and the types of violations of immigration law that are punished criminally.

Cognitive Domain: Comprehension Answer Location: Immigration Difficulty Level: Easy 35. ______ focused on immigration-related offenses such as alien smuggling, the creation of fraudulent documents, and the deportation of aliens who commit criminal offenses.

A. Deferred Action for Childhood Arrivals B. Illegal Immigration Reform and Immigrant Responsibility Act C. Simpson–Mazzoli Act D. Immigration and Nationality Act

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Ans: B Learning Objective: 14-8: Know the purpose of immigration law and the types of violations of immigration law that are punished criminally.

Cognitive Domain: Comprehension Answer Location: Immigration Difficulty Level: Easy 36. ______ allows undocumented immigrants who entered the country before their 16th birthday and before June 2007 A. Deferred Action for Childhood Arrivals B. Illegal Immigration Reform and Immigrant Responsibility Act C. Deferred Action for Parents of Americans D. Immigration and Nationality Act Ans: A Learning Objective: 14-8: Know the purpose of immigration law and the types of violations of immigration law that are punished criminally.

Cognitive Domain: Comprehension Answer Location: Immigration Difficulty Level: Easy 37. Which state became the first sanctuary state in the United States?

A. Vermont B. California C. Oregon D. Massachusetts Ans: B Learning Objective: 14-8: Know the purpose of immigration law and the types of violations of immigration law that are punished criminally.

Cognitive Domain: Comprehension Answer Location: Immigration Difficulty Level: Easy 38. Which U.S. President introduced a “zero tolerance” policy at the border between the United States and Mexico?

A. Bill Clinton B. George W. Bush C. Barack Obama D. Donald Trump Ans: D Learning Objective: 14-8: Know the purpose of immigration law and the types of violations of immigration law that are punished criminally.

Cognitive Domain: Comprehension Answer Location: Immigration Difficulty Level: Easy 39. International criminal treaties do not prohibit or punish which of the following acts?

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A. terrorism B. human trafficking C. genocide D. torture Ans: D Learning Objective: 14-9: Understand the development and functioning of international criminal law.

Cognitive Domain: Comprehension Answer Location: International Criminal Law Difficulty Level: Easy 40. The U.S. ______ is charged with determining whether a group is a foreign terrorist organization.

A. Secretary of State B. Secretary of Defense C. Secretary of Homeland Security D. Attorney General Ans: A Learning Objective: 14-6: Know the types of acts that are punished criminally under federal terrorism statutes.

Cognitive Domain: Comprehension Answer Location: Material Support for Terrorism Difficulty Level: Easy

True/False 1. In order to establish the crime of treason, the prosecution must provide the accused’s confession as evidence.

Ans: F Learning Objective: 14-1: Understand the law of treason and evidentiary requirements to prove treason.

Cognitive Domain: Comprehension Answer Location: Treason | Criminal Act and Criminal Intent Difficulty Level: Medium 2. Sabotage may only be committed in times of war.

Ans: F Learning Objective: 14-3: Understand the intent and act standards required to prove sabotage.

Cognitive Domain: Comprehension Answer Location: Sabotage Difficulty Level: Easy 3. Immigration is exclusively governed by state law.

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Ans: F Learning Objective: 14-8: Know the purpose of immigration law and the types of violations of immigration law that are punished criminally.

Cognitive Domain: Knowledge Answer Location: Immigration Difficulty Level: Easy 4. The United States asserts the right to prosecute and punish criminal acts that occur outside American territory and is termed extraterritorial jurisdiction.

Ans: T Learning Objective: 14-5: Understand the difference between domestic and international terrorism, and terrorism transcending international borders.

Cognitive Domain: Knowledge Answer Location: Terrorism Outside the United States Difficulty Level: Easy 5. If conspirators meet in another country and plan to attack an American city, the crime is removed from the jurisdiction of the United States and is handed over to an international prosecutorial body.

Ans: F Learning Objective: 14-5: Understand the difference between domestic and international terrorism, and terrorism transcending international borders.

Cognitive Domain: Comprehension Answer Location: Terrorism Transcending National Boundaries Difficulty Level: Medium 6. Federal law on terrorism is divided into the categories of international terrorism and domestic terrorism.

Ans: T Learning Objective: 14-5: Understand the difference between domestic and international terrorism, and terrorism transcending international borders.

Cognitive Domain: Knowledge Answer Location: Definition of Terrorism Difficulty Level: Easy 7. Under the U.S. Code, acts of espionage committed during war are punished the same as acts of non-wartime espionage.

Ans: F Learning Objective: 14-4: Know the elements of the crime of espionage.

Cognitive Domain: Comprehension Answer Location: Espionage Difficulty Level: Easy 8. English royalty prosecuted and convicted critics of the monarchy for sabotage.

Ans: F

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Learning Objective: 14-1: Understand the law of treason and evidentiary requirements to prove treason.

Cognitive Domain: Knowledge Answer Location: Treason Difficulty Level: Easy 9. Failing to depart the United States when ordered is a violation of immigration law.

Ans: T Learning Objective: 14-8: Know the purpose of immigration law and the types of violations of immigration law that are punished criminally.

Cognitive Domain: Comprehension Answer Location: Violations of Immigration Law Difficulty Level: Easy 10. Prosecutors in countries in which regimes carry out international crimes have frequently indicted former government officials for their commission of international crimes.

Ans: F Learning Objective: 14-9: Understand the development and functioning of international criminal law.

Cognitive Domain: Knowledge Answer Location: International Criminal Law Difficulty Level: Easy 11. Congress is constitutionally prohibited from adopting the policy practiced in England of extending penalties beyond the individual offender to members of his or her family.

Ans: T Learning Objective: 14-1: Understand the law of treason and evidentiary requirements to prove treason.

Cognitive Domain: Knowledge Answer Location: Treason Difficulty Level: Easy 12. The major difference between sedition and seditious conspiracy is a presence of the use of force.

Ans: T Learning Objective: 14-2: Know the act and intent requirements for sedition and for seditious conspiracy.

Cognitive Domain: Comprehension Answer Location: Sedition Difficulty Level: Easy 13. Sabotage is punishable by imprisonment up to life imprisonment and a fine.

Ans: F Learning Objective: 14-3: Understand the intent and act standards required to prove sabotage.

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Cognitive Domain: Knowledge Answer Location: Sabotage Difficulty Level: Easy 14. Sabotage may only be committed in times of war.

Ans: F Learning Objective: 14-3: Understand the intent and act standards required to prove sabotage.

Cognitive Domain: Comprehension Answer Location: Sabotage Difficulty Level: Easy 15. Espionage during wartime is more difficult for the prosecution to prove.

Ans: F Learning Objective: 14-4: Know the elements of the crime of espionage.

Cognitive Domain: Knowledge Answer Location: Espionage Difficulty Level: Easy 16. Most acts of terrorism within the United States are prosecuted as ordinary murders, arson, kidnappings, and bombings, rather than acts of terrorism.

Ans: T Learning Objective: 14-6: Know the types of acts that are punished criminally under federal terrorism statutes.

Cognitive Domain: Comprehension Answer Location: Terrorism Difficulty Level: Easy 17. The use, threat, attempt, or conspiracy to use a weapon of mass destruction is punishable by imprisonment for a term of years or life and, in the event of death, by life imprisonment.

Ans: T Learning Objective: 14-6: Know the types of acts that are punished criminally under federal terrorism statutes.

Cognitive Domain: Comprehension Answer Location: Weapons of Mass Destruction Difficulty Level: Easy 18. Regardless of the act of terrorism resulted in death, an individual who provided material support to a terrorist is punishable by imprisonment for no more than 15 years, a fine, or both.

Ans: F Learning Objective: 14-6: Know the types of acts that are punished criminally under federal terrorism statutes.

Cognitive Domain: Comprehension Answer Location: Material Support for Terrorism

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Difficulty Level: Medium 19. The United States considers some terrorists to be lawful combatants.

Ans: F Learning Objective: 14-8: Know the purpose of immigration law and the types of violations of immigration law that are punished criminally.

Cognitive Domain: Comprehension Answer Location: Combat Immunity Difficulty Level: Easy 20. Not all states have a terrorism statute to cover criminal acts that do not fall within federal jurisdiction.

Ans: T Learning Objective: 14-7: Understand combat immunity and its importance for the war on terror.

Cognitive Domain: Comprehension Answer Location: State Terrorism Statutes Difficulty Level: Easy

Short Answer 1. What are some ways to acquire proof of the defendant’s treasonous intent?

Ans: Two witnesses must testify that the defendant committed the same overt act of treason or confession from the accused. However, required intent may be established by the testimony of a number of witnesses concerning the defendant’s statements or behavior.

Learning Objective: 14-1: Understand the law of treason and evidentiary requirements to prove treason.

Cognitive Domain: Comprehension Answer Location: Treason Difficulty Level: Easy 2. What was the definition of sedition at the common law?

Ans: Under common law, sedition was any communication intended or likely to bring about hatred, contempt, or disaffection with the king, the constitution, or the government. It can be accomplished by seditious speech or seditious libel.

Learning Objective: 14-2: Know the act and intent requirements for sedition and for seditious conspiracy.

Cognitive Domain: Analysis Answer Location: Sedition Difficulty Level: Medium 3. What is sabotage?

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Ans: The willful injury, destruction, contamination, or infection of any war material, war premises, or war utilities with the intent of injuring, interfering, or obstructing the United States or an allied country during a war or national emergency.

Learning Objective: 14-3: Understand the intent and act standards required to prove sabotage.

Cognitive Domain: Knowledge Answer Location: Sabotage Difficulty Level: Easy 4. What is the mens rea for sabotage?

Ans: A defendant should be assumed to know that the destruction of defense material is practically certain to interfere with the national defense.

Learning Objective: 14-3: Understand the intent and act standards required to prove sabotage.

Cognitive Domain: Comprehension Answer Location: Sabotage Difficulty Level: Easy 5. What is the central provisions of the U.S. law on terrorism?

Ans: These statutes have been amended and strengthened by the Antiterrorism and Effective Death Penalty Act (1996) and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (2001), better known as the USA Patriot Act. Learning Objective: 14-6: Know the types of acts that are punished criminally under federal terrorism statutes.

Cognitive Domain: Comprehension Answer Location: Terrorism Difficulty Level: Easy 6. What is the purpose of extraterritorial jurisdiction?

Ans: The U.S. assertion of the right to prosecute and punish criminal acts that occur outside American territory.

Learning Objective: 14-5: Understand the difference between domestic and international terrorism, and terrorism transcending international borders.

Cognitive Domain: Comprehension Answer Location: Terrorism Difficulty Level: Easy 7. What are the crimes of violence that are included within the statute on terrorism that transcends national borders?

Ans: (1) crimes against the person, (2) crimes against property harming the person, and (3) inchoate offenses.

Learning Objective: 14-5: Understand the difference between domestic and international terrorism, and terrorism transcending international borders.

Cognitive Domain: Comprehension Answer Location: Terrorism Transcending National Boundaries

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Difficulty Level: Easy 8. What are some of the criticisms against the material support statutes?

Ans: Material support provisions may be used to prosecute individuals who do not pose a threat. It is also argued that these statutes are broadly written and that individuals may be criminally prosecuted who have merely donated money to a hospital or school in the Middle East run by a group labeled as terrorist.

Learning Objective: 14-6: Know the types of acts that are punished criminally under federal terrorism statutes.

Cognitive Domain: Comprehension Answer Location: Material Support for Terrorism Difficulty Level: Medium 9. What are the four criteria under the Geneva Convention Relative to the Treatment of Prisoners of War in order for its members to qualify for lawful combatant status?

Ans: (1) The organization must be commanded by a person responsible for his subordinates, (2) the organization’s members must have a fixed distinctive emblem or uniform recognizable at a distance, (3) the organization’s members must carry arms openly, and (4) the organization’s members must conduct their operations in accordance with the laws and customs of war.

Learning Objective: 14-7: Understand combat immunity and its importance for the war on terror.

Cognitive Domain: Comprehension Answer Location: Material Support for Terrorism Difficulty Level: Medium 10. What kind of impact did the Immigration and Nationality Act of 1952 cause?

Ans: The Act eliminated restrictions on Asian immigration and naturalization but continued a quota system introduced in the early 20th century based on country of origin. The Act also created quotas for individuals with special skills and opened the door to reuniting families.

Learning Objective: 14-8: Know the purpose of immigration law and the types of violations of immigration law that are punished criminally.

Cognitive Domain: Knowledge Answer Location: Immigration Difficulty Level: Medium

Essay 1. Compare and contrast international and domestic terrorism.

Ans: The difference between international terrorism and domestic terrorism is where an attack takes place. Domestic terrorism occurs within the territorial jurisdiction of the United States, and international terrorism takes place outside of this jurisdiction. Both forms of terrorism are intended to intimidate or coerce the American population or are intended to influence or affect the public policy of the United States.

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Learning Objective: 14-5: Understand the difference between domestic and international terrorism, and terrorism transcending international borders.

Cognitive Domain: Comprehension Answer Location: Definition of Terrorism Difficulty Level: Medium 2. Paul and Alexis have joined the First Order, a nationalist organization that is against the government of the United States. Paul and Alexis have the duty to provide housing and ammunition for members of the group, who plan to wage war against the U.S. government. What crime have Paul and Alexis committed? What is the mens rea of this offense? What is the actus reus of this offense?

Ans: Paul and Alexis have committed treason, the levying of war against the United States and giving aid and comfort to the enemy. The Constitution limits the actus reus of treason to individuals engaged in armed opposition to the government or in providing aid and comfort to the enemy. The mens rea is an intent to betray.

Learning Objective: 14-1: Understand the law of treason and evidentiary requirements to prove treason.

Cognitive Domain: Application Answer Location: Treason Difficulty Level: Medium 3. Sandy is an anarchist. She has been talking online with other anarchists and anarchist organizations. Together, she and her new friends make plans to overthrow the government of the United States. What crime has Sandy committed? What is the legal definition of this crime?

Ans: Sandy committed sedition, intentionally inciting action or acting to overthrow, destroy, oppose by force, or resist the government of the United States or any law.

Learning Objective: 14-2: Know the act and intent requirements for sedition and for seditious conspiracy.

Cognitive Domain: Application Answer Location: Sedition Difficulty Level: Medium 4. Nick believes that the United States is a military “bully” and has decided that he wants to assist the underdog country. Nick has obtained a blueprint of the newest fighter jet that the U.S. military plans to use in the current war. Nick makes copies of the blueprint and sends the copies to the enemy. What crime has Nick committed? Would this crime be different if the United States was not engaged in war?

Ans: Nick has committed espionage by providing the enemy with blueprints. Espionage is the delivery of information to a foreign government with the intent or reason to believe that it is to be used to injure the United States or to advantage a foreign government. As established in Gorin v. United States, espionage during peacetime requires that the government establish that an individual acted in bad faith with the intent to injure the United States or to advantage a foreign nation.

Learning Objective: 14-4: Know the elements of the crime of espionage.

Cognitive Domain: Application

Lippman, Essential Criminal Law, 3e SAGE Publishing, 2019

Answer Location: Espionage Difficulty Level: Medium 5. Barry, an American citizen, has been living in Iran for the last 10 years. While in Iran, Barry joined a terrorist organization and has been plotting to attack a geographic location within the United States. The plans have been confiscated, and Barry is detained. What crime has Barry committed? Does the United States have jurisdiction over Barry’s offense? Why or why not? If you were Barry’s defense attorney, could you argue combat immunity? Why or why not?

Ans: Barry has committed terrorism. In particular, Barry committed terrorism transcending national boundaries. Due to extraterritorial jurisdiction, the United States will be able to prosecute Barry for his crimes even though the plans were made outside of the United States. Barry may only argue for combat immunity if his acts were lawful.

However, in this case, his act of plotting to attack the United States was not lawful.

Learning Objective: 14-5: Understand the difference between domestic and international terrorism, and terrorism transcending international borders.

Cognitive Domain: Application Answer Location: Terrorism Transcending National Boundaries Difficulty Level: Medium