Deck 6: Crimes: Public Wrongs

Question 1

An example of a federal crime is transportation of harmful drugs across state lines.

Answer 1

True

Question 2

A common term for federal crimes is capital crimes. The origin of the reference comes from federal enforcement of criminal acts in Washington D.C.

Answer 2

True

Question 3

Every time a state police officer is guilty of brutality or racial discrimination, a federal crime has occurred.

Answer 3

True

Question 4

Private investment in, or ownership of, a prison is prohibited by law.

Question 5

If a prisoner escapes from jail because of a reasonable fear of sexual battery, he or she is not guilty of the crime of escape from custody because of duress.

Question 6

Police cannot, ever, legally search your person or your residence without a search warrant.

Question 7

Kleptomania, and other "genuine" addictive-compulsive disorders, are defenses to the crime of shoplifting.

Question 8

According to the example in the text, T. C. Thorstenson was found guilty of the murder of his bride, Margaret Lesher, although the cause of death was drowning and there were no eye witnesses.

Question 9

A city ordinance banning the "loitering" of "vagrants" in front of business shops would be constitutional.

Question 10

A husband who offered to pay a bartender $5,000 for referral to a "hit" man to murder his wife would be guilty of criminal assault.

Question 11

A young boy got off his old bicycle that was worth about $50, leaned it against a store front, and while he was in the store a stranger grabbed the bicycle, tossed it in his pickup truck, and drove away with the young boy yelling "stop thief!" The wrongdoer is guilty of robbery.

Question 12

Specific intent requires an intentional act, but no specific knowledge of particular circumstances.

Question 13

Federal crimes are prosecuted in a federal court and, if conviction follows, result in confinement in a state prison.

Question 14

O. J. Simpson was found civilly liable for the wrongful death of his former wife Nicole and her friend Ron Goldman even though he was found not guilty of the crimes in a criminal prosecution.

Question 15

Police can search garbage that is left by you for collection, looking for evidence of any crime, without first obtaining a search warrant, even though there is sufficient time within which to obtain a search warrant.

Question 16

If a store clerk dies from a heart attack suffered as the result of an armed robbery, the robber can be convicted of murder.

Question 17

Although it is a crime for an 18-year-old male to have sexual intercourse with a 15-year-old girl, it is not a crime for an 18-year-old female to have sexual intercourse with a 15-year-old boy.

Question 18

Criminal intent is a usual requirement for criminal responsibility.

Question 19

Violations of state food quality regulations by a restaurant usually do not require any proof of criminal intent.

Question 20

A person who never kills anyone personally, and who never even sees the victim, can, nonetheless be guilty of murder.

Question 21

Actual or threatened force directed at a victim for the purpose of obtaining money or other property is an example of mayhem.

Question 22

Under some circumstances, a defendant can be convicted of and punished for murder even if he or she personally never killed anyone.

Question 23

The Patriot Act Increased the federal government's ability to legally prevent terrorist suspects from entering the country and to detain or deport these foreign suspects.

Question 24

The federal "exclusionary rule," prohibiting the use in court of evidence wrongfully obtained by the prosecution, was created by

A)Congress in a statute.
B)the executive branch of government, following public hearings.
C)the U.S. Supreme Court.
D)the U.S. Constitution.

Question 25

The felony-murder rule refers to situations in which

A)one defendant is held criminally responsible for a homicide committed by another principal while committing a dangerous felony.
B)one defendant is held criminally responsible for a homicide that is provoked by the actions of another principal while they are fleeing the commission of a misdemeanor.
C)all principals to a violent misdemeanor that results in a homicide are held accountable for murder.
D)a murder is committed by an ex-felon on parole

Question 26

Police may search a person, including his clothes and effects, without a search warrant if

A)there is suspicion that the person has committed a crime.
B)the person has been detained as part of an investigation.
C)the person fits a profile of the type of criminal who commits the kind of crime for which the person is a suspect.
D)the person has been lawfully arrested.

Question 27

In some states, a mistaken but reasonable belief that a minor is 18 years old or older is a complete defense to the crime of statutory rape. In most other states, it is no defense to the crime.

Question 28

At the borders of the U.S., customs officials can lawfully conduct a "strip" or "skin" search.

A)searches near the border, or places of entry to the United States, are exempt from the general requirements of probable cause
B)if the suspect conforms to a drug carrier's profile, acts nervously, and wears bulky clothing a search can be conducted.
C)if there is a "clear indication" that the suspect is guilty of a crime involving contraband a search can be conducted.
D)All of the above

Question 29

Personal invasion is a crime involving an unwelcome or intrusive long-term pattern of threat or harassment directed repeatedly toward a specific individual that triggers fear or concern in that person.

Question 30

Trevor heard a burglar entering through a living room window. He grinned as he picked up his gun. Crouching behind the sofa in his darkened home, he ambushed and killed the intruder with several well placed shots. He then added another notch in his trusty side-arm. Trevor most probably

A)has exercised his constitutional right of self-defense.
B)has acted legally, because the shooting took place inside his home.
C)has acted legally if, but only if, the burglar was armed with a gun.
D)is guilty of a homicide, or at least voluntary manslaughter.

Question 31

A law created to use against organized crime the Racketeer Influenced and Corrupt Organizations Act (RICO) includes the forfeiture of any ill-gotten monetary gains form illegal activity including real and personal property.

Question 32

The corpus delicti is the body of the deceased who is the victim of a homicide.

Question 33

A motor vehicle can be searched by police without a search warrant if

A)there is probable cause that motor vehicle contains contraband.
B)the car lawfully has been stopped for a traffic offense, such as speeding.
C)it is after hours and no judges are awake or available.
D)the driver of the car fits the profile of criminals who often deal in contraband.

Question 34

Following arraignment for a felony, the accused will be given the opportunity to enter a plea to the charges. Which of the following is not a plea with a legal basis?

A)nobo contendere
B)guilty
C)not guilty by reason of insanity
D)guilty with extenuating circumstances

Question 35

Some states are turning to private companies to run certain of the states prisons as way of holding down costs.

Question 36

Criminal intent is an essential element of every crime, except

A)regulatory offenses.
B)voluntary manslaughter.
C)theft.
D)mayhem.

Question 37

Voluntary (or first-degree) manslaughter is an accidental killing committed in the heat of passion.

Question 38

Specific intent requires the intent to accomplish the precise act and harm that the law

Question 39

Generally, the right to self-defense extends to defending others who are

A)members of the victim's immediate family.
B)an athlete being assaulted by an opposing team player.
C)co-conspirators.
D)all of the above

Question 40

The governor of a state believes that a felon has "paid his dues" and should be forgiven for his or her crime. An executive directive to implement that belief is called

A)parole.
B)probation.
C)pardon.
D)commutation.

Question 41

Many states have enacted rape shield statutes to

A)protect victims from abusive courtroom questioning.
B)increase penalties for the crime to such an extent as to deter the criminal.
C)make the names of previous offenders available off the Internet or through the local police authorities.
D)count the crime double for multiple offender statutes.

Question 42

Two elements must exist simultaneously before a person can be convicted of most crimes. The first is a specified state of mind or intent on the part of the person and the second is

A)the performance of a prohibited act.
B)a bad lawyer.
C)insanity.
D)evil motive.

Question 43

A plea bargain serves the interests of society in all of the ways listed below, except

A)court time is saved.
B)the expense of trial is saved.
C)the prosecution might otherwise lose the case.
D)bargained sentences usually are longer.

Question 44

When arguing his case attorney Perry Masonmint said "My client ate the apple because the serpent beguiled her." Perry is making an analogy to

A)entrapment.
B)self defense.
C)insanity.
D)irresistible impulse

Question 45

Which of the below is a correct statement regarding the defense of insanity.

A)The defense of insanity is no longer accepted in the United States.
B)A person is not guilty of a crime if in considering the act he was nuts or loony.
C)the defendant was incapable of distinguishing right from wrong at the time the act was committed.
D)the definition of insanity is one used by psychiatrists to determine treatments necessary for a mentally disturbed person.

Question 46

Which of the following is least likely to occur at a preliminary hearing?

A)The prosecution calls witnesses.
B)The defense calls witnesses.
C)The judge decides if the defendant should stand trial.
D)The corpus delicti is established.

Question 47

Dirk Dauber thought about murdering his wife, Lynda, so he could inherit her money. Over a period of time, he developed and refined an elaborate scheme to commit the murder. He even wrote a step-by-step plan that he kept in his computer. Lynda found the files during a routine inspection of his files. Is he guilty of any crime?

A)Saving the computer files comprises the wrongful (and stupid)act and he is guilty of attempted murder.
B)In the absence of any open, outward, manifested act, he had not yet committed a crime.
C)He is guilty of the new felony - abuse of computer files in the second degree - when he recorded his base human thoughts to possible artificial intelligence.
D)He would be guilty, but Lynda's acts were an unlawful search and seizure.

Question 48

Recidivist laws refer to state statutes that

A)keep sex offenders incarcerated.
B)keep repeat offenders incarcerated, primarily for perpetrators of violent offenses.
C)provide for early release for prisoners who have demonstrated their rehabilitation.
D)provide for compensation for victims of serious crimes.

Question 49

Legal search warrants have certain requirements. Which of the following is not a requirement?

A)must specify the place to be searched
B)must specify the items to be seized
C)must be served by two or more law enforcement officers
D)must specify the time the warrant is to be executed

Question 50

Which statement is true about manslaughter?

A)It is homicide with malice aforethought.
B)If charged with manslaughter, the accused has no right to not testify. The privilege against self incrimination only protects against murder charges.
C)A killing while high on narcotics is a common example.
D)A homicide occurring during rape would be manslaughter.

Question 51

Which of the below are not defenses to a charge of criminal conduct?

A)self-defense
B)insanity
C)duress
D)the victim's acquiescence

Question 52

On the evening of the 4th of July, with the distant crackling of fire crackers heard in the distance, Derek Dordson, standing in his backyard, aimed his big-game rifle straight into the sky. He fired three shots in rapid succession. Then he returned to watch cartoons on TV. Unbeknownst to Derek, his first bullet descended onto Victor's head, killing him instantly. Derek's second bullet descended onto the windshield of Albert's car, causing him to jerk the steering wheel to the left to avoid further "gunfire" which, in turn, caused him to collide head on with an oncoming vehicle driven by police Sergeant Phillips. Albert had robbed a nearby service station and was speeding from the scene of the crime when Derek's bullet dropped. Both Phillips and Albert were killed instantly. Derek's third bullet was never found. Of what crimes is Derek not guilty?

A)murder of the first degree, three counts (Victor, Albert, and Phillips)
B)involuntary manslaughter for the death of Victor
C)involuntary manslaughter, one count each, for the death of Albert and Phillips
D)violation of an ordinance prohibiting the discharge of firearms in city limits

Question 53

About punishment for criminal behavior

A)in recent years states have changed to indeterminate sentencing in criminal punishment.
B)misdemeanors are punishable in state prisons.
C)community service cannot be considered a punishment.
D)A determinate sentence is the confinement for a fixed or minimum period that is specified by statute.

Question 54

All the below crimes involve the taking of property. Which is the most likely to lead to violence?

A)larceny
B)embezzlement
C)robbery
D)fraud

Question 55

Fletcher Reede was interested in purchasing some crack and he went looking for a connection. He found Samantha Cole but before he made the purchase he asked her if she was an undercover police officer. She said no but lied. Fletcher bought the drugs and was arrested. Which of the following is true?

A)Samantha's behavior is entrapment.
B)Fletcher is in serious trouble.
C)Samantha's recidivism negates Fletcher's criminal intent.
D)As Samantha is a cop, she was required to tell Fletcher the truth.

Question 56

Cruel and unusual punishment, in its constitutional law sense, does not refer to which of the following?

A)prison sentences that are disproportionately long
B)cruelty inside prison walls
C)cruel methods of punishment, such as flashing lights and dripping water in a jail cell
D)erroneous punishment of innocent persons

Question 57

Criminal law is often similar even in different states and sometimes in different countries. Which of the following U.S. crimes is not considered a crime by many countries including Canada and England?

A)rape
B)cultivating hemp
C)robbery
D)treason

Question 58

Of the following crimes, which has created the most difficulty in drafting a valid enforceable criminal statute?

A)drug offenses
B)varying degrees of homicide
C)statutory rape
D)loitering

Question 59

To be found guilty of a crime, the state must show that

A)a statute prohibits the behavior.
B)the individual violated probation.
C)a common law case prohibits the conduct.
D)the person had evil intent

Question 60

Which of the following is not a right of a person accused of a serious crime?

A)the right to remain silent
B)the right to his or her preferred attorney even if indigent (unable to pay for the services)
C)the right to confront adverse witnesses
D)the right to wear normal clothing, not jail attire, during trial

Question 61

A fast-food restaurant that violates a city ordinance regarding cleanliness is guilty of a ________________ usually called a(n) __________________ .

Question 62

If Watson willfully splashes gasoline around his barn and ignites it, burning the barn to the ground, he is guilty of the crime of _________________ if he did this for some wrongful purpose.

Question 63

Unlawful violence directed at a person because she is a Jew is a variety of___________________  crime that typically results in an enhanced penalty.​

Question 64

The court proceeding that is conducted to determine whether or not there is probable cause of guilt so that the defendant should stand trial for a specified felonious crime is called a(n) ________________ .

Question 65

A person who follows, watches, attempts to converse with, and impliedly threatens by words or gestures another person is guilty of the crime of . The victim of such a crime can obtain a court order directing the perpetrator to stop the conduct. Such a court order is called a(n) ________________ .

Question 66

A felony that is punishable by death is called a(n) ____________ crime.

Question 67

The procedure that releases a prisoner before the complete sentence is served is called

Question 68

A person who is cited by the Highway Patrol for speeding has been charged with ________________________ a(n) .​

Question 69

The difference between the crimes of voluntary and involuntary manslaughter (i.e., the most, and the least blameworthy categories of manslaughter) is the existence of ____________________ in the mind of the perpetrator at the moment the offense takes place.

Question 70

Ksumé waited in the car while Sam and Oliva robbed a mini-mart. Oliva shot the store clerk. Ksumé can be found guilty of murder as if he pulled the trigger under the ________________ .

Question 71

If Harold Mean purposely swerves his sports utility vehicle across a freeway lane to scare and ______________________ intimidate the driver of a small Saturn who had angered Mean, he is guilty of the crime of .

Question 72

The difference between the crimes of murder and manslaughter is the existence of ________________ in the mind of the perpetrator at the moment the offense takes place.

Question 73

The procedure that releases a prisoner before the sentence is begun is called ___________.

Question 74

The agreement reached among and between a criminal defendant, the prosecutor, and the judge, to accept a guilty plea in exchange for a specified sentence, is called a(n) _________________ .

Question 75

The burden of proof in a criminal case is _______________ . The burden of proof for a  criminal defendant who seeks to prove the defense of entrapment, however, is merely a(n) ________________ the usual burden in a(n) __________________ .

Question 76

First degree murder requires proof of ___________ .

Question 77

An agreement between two or more persons to commit a crime generally is not a crime, unless and until at least one of the participants engages in some ___________________ in furtherance of the crime.

Question 78

When a person commences, but fails to complete, a crime, he or she is guilty of a(n) ________________ .

Question 79

The law that prohibits the use of evidence in a criminal trial that is wrongfully obtained by police is called the __________________ rule.

Question 80

Assume an accused person pleads "not guilty" and later, during trial, testifies that "I did not pull the trigger." The jury doesn't believe the defendant and convicts him of murder. In addition to murder, the defendant is guilty of the crime of _________________ .