Deck 10: Crimes, Accomplices, and Defenses

Question 1

What Latin term describes a voluntary act?

A) Actus reus
B) Mens rea
C) Prima facie
D) Ad damnum

Answer 1

Actus reus

Question 2

What guarantee in the U.S. Constitution protects criminal defendants from being tried twice for the same offense?

A) Privileges and immunities
B) Self-incrimination
C) Double jeopardy
D) Due process

Answer 2

Double jeopardy

Question 3

What is included in common law?

A) Appellate court decisions
B) English common law
C) Court cases after the American Revolution
D) All of the above

Answer 3

All of the above

Question 4

What kind of crime is speeding?

A) Strict liability
B) Mala prohibita
C) All of the above
D) None of the above

Question 5

What principal group of crimes is defined in the U.S. Constitution?

A) Felony
B) Treason
C) Misdemeanor
D) None of the above

Question 6

How are crimes classified?

A) Two classes
B) Three principal criminal categories
C) All of the above
D) None of the above

Question 7

Under the common law of England, what is an act against the king?

A) Royal treason
B) High treason
C) Supreme treason
D) Superior treason

Question 8

Under the U.S. Constitution, what constitutes treason?

A) Levying war against the country
B) Giving aid and comfort to the nation's enemies
C) All of the above
D) None of the above

Question 9

What is a definition of a felony?

A) Punishment by hard labor
B) Infamous crime
C) Crime subject to infamous punishment
D) All of the above

Question 10

What is an example of a misdemeanor?

A) Petty larceny
B) Armed robbery
C) Murder
D) Rape

Question 11

Who takes part with another in the commission of a crime?

A) Assistant
B) Accomplice
C) Associate
D) Collaborator

Question 12

What term describes participating in the crime by giving assistance or encouragement?

A) Assumption of risk
B) Accord and satisfaction
C) Aiding and abetting
D) Arbitration and award

Question 13

What legal doctrine makes an accessory before the fact responsible only for consequences of the crime that he or she incited?

A) Pinkerton
B) Judicial review
C) Forum non conveniens
D) Ripeness

Question 14

What is a characteristic of an accessory before the fact?

A) Knowing of a crime
B) Thinking of a crime
C) Bringing about a crime
D) Being present at the crime scene

Question 15

Under the common law, if a man was considered a principle, what member of his family could not be guilty as an accessory after the fact?

A) Wife
B) Mother
C) Father
D) Child

Question 16

What is a characteristic of an accessory after the fact?

A) Knowledge that the other has committed a felony
B) Intention that a criminal would escape detention
C) All of the above
D) None of the above

Question 17

Against what person can the defense of entrapment be used?

A) Judge
B) Police officer
C) Prosecutor
D) Attorney

Question 18

What is a criminal defense?

A) Contributory negligence
B) Discharge in bankruptcy
C) Self-defense
D) Estoppel

Question 19

What is a legal protection for criminal defendants?

A) Search warrant
B) Fruit of the poisonous tree doctrine
C) Exclusionary rule
D) All of the above

Question 20

What is an element of illegal profiling?

A) National origin
B) Race
C) Religion
D) All of the above

Question 21

What is a cybercrime?

A) Overdrawing your own bank account
B) Selling stolen jewelry on eBay
C) Sending to strangers "friend requests" on Facebook
D) Writing on your blog negative comments about the government

Question 22

What legal document was used to amend the Computer Fraud and Abuse Act?

A) U.S. Constitution
B) State statute
C) USA Patriot Act
D) Administrative regulation

Question 23

An act is criminal only when it is both prohibited and penalized by the law of the place where it is committed.

Question 24

Under the English common law, crime can be committed with any state of mind.

Question 25

Mala prohibita is always a crime, even when the perpetrator commits it without criminal intent.

Question 26

Common law is primarily a judge-made law.

Question 27

All public wrongs are classified into four principal groups.

Question 28

Felony is one principle group of crimes.

Question 29

In America, following the English common law, treasons have been divided into two categories.

Question 30

In American courts, many treason cases have been tried.

Question 31

Misdemeanors are always punished by incarceration in a prison.

Question 32

Usually, a felony is a more serious crime than a misdemeanor.

Question 33

The crime of conspiracy exists only when the crime that has been agreed upon is accomplished.

Question 34

A principal in the second degree may be actually or constructively present during the commission of a felony.

Question 35

An accessory before the fact will be responsible for consequences of the crime that he or she incited.

Question 36

In some states, the principal may be acquitted, but the accessory before the fact can be found guilty.

Question 37

Under the common law, a criminal's children are not guilty as accessories after the fact.

Question 38

An accessory after the fact does not commit a felony.

Question 39

When allowed in a jurisdiction, the defense of intoxication usually works.

Question 40

Defendants can use a variety of defenses to defeat civil lawsuits or criminal charges.

Question 41

Under the fruit of the poisonous tree doctrine, evidence obtained from an illegal search is inadmissible.

Question 42

Lawfully positioned police officers need a search warrant to seize items that are in their plain view.

Question 43

Cyberlaw is the area of law that concerns the use of the Internet.

Question 44

Enacted in 1986, the Computer Fraud and Abuse Act has been amended several times.

Question 45

A crime consists of either the voluntary commission or the voluntary ________ of an act punishable by a fine or imprisonment.

Question 46

A crime requiring no wrongful intent on the part of the perpetrator is called mala ________.

Question 47

Crimes are divided into ________ principal categories.

Question 48

Under the English common law, an act against one's lord is ________ treason.

Question 49

In many states, felonies and ________ differ by the length of prison confinement.

Question 50

Getting together of two or more people to carry out a criminal or unlawful act is ________.

Question 51

The American Law Institute has created the Model ________ Code.

Question 52

An accessory after the ________ knows that another had committed a felony.

Question 53

The defense that places the defendant in a different location than the crime scene is ________.

Question 54

The police do not need a search warrant under the hot ________ doctrine.

Question 55

Criminal activities associated with a computer network are called ________.

Question 56

Match the terms with their descriptions:

-Constructively present

A) Acts against one's master
B) Particular state of mind required for the commission of a criminal act
C) Crime without criminal intent requirement
D) Made present by legal interpretation
E) Confinement
F) Defense available to mentally ill persons
G) Template for many states' criminal codes
H) First federal legislation addressing the increase of computer crime
I) Police, without a search warrant, can stop and frisk a person behaving suspiciously
J) Assault with a deadly weapon
K) Person helping a criminal to escape punishment

Question 57

Match the terms with their descriptions:

-Accessory after the fact

A) Acts against one's master
B) Particular state of mind required for the commission of a criminal act
C) Crime without criminal intent requirement
D) Made present by legal interpretation
E) Confinement
F) Defense available to mentally ill persons
G) Template for many states' criminal codes
H) First federal legislation addressing the increase of computer crime
I) Police, without a search warrant, can stop and frisk a person behaving suspiciously
J) Assault with a deadly weapon
K) Person helping a criminal to escape punishment

Question 58

Match the terms with their descriptions:

-Petite treason

A) Acts against one's master
B) Particular state of mind required for the commission of a criminal act
C) Crime without criminal intent requirement
D) Made present by legal interpretation
E) Confinement
F) Defense available to mentally ill persons
G) Template for many states' criminal codes
H) First federal legislation addressing the increase of computer crime
I) Police, without a search warrant, can stop and frisk a person behaving suspiciously
J) Assault with a deadly weapon
K) Person helping a criminal to escape punishment

Question 59

Match the terms with their descriptions:

-Model Penal Code

A) Acts against one's master
B) Particular state of mind required for the commission of a criminal act
C) Crime without criminal intent requirement
D) Made present by legal interpretation
E) Confinement
F) Defense available to mentally ill persons
G) Template for many states' criminal codes
H) First federal legislation addressing the increase of computer crime
I) Police, without a search warrant, can stop and frisk a person behaving suspiciously
J) Assault with a deadly weapon
K) Person helping a criminal to escape punishment

Question 60

Match the terms with their descriptions:

-Mens rea

A) Acts against one's master
B) Particular state of mind required for the commission of a criminal act
C) Crime without criminal intent requirement
D) Made present by legal interpretation
E) Confinement
F) Defense available to mentally ill persons
G) Template for many states' criminal codes
H) First federal legislation addressing the increase of computer crime
I) Police, without a search warrant, can stop and frisk a person behaving suspiciously
J) Assault with a deadly weapon
K) Person helping a criminal to escape punishment

Question 61

Match the terms with their descriptions:

-Incarceration

A) Acts against one's master
B) Particular state of mind required for the commission of a criminal act
C) Crime without criminal intent requirement
D) Made present by legal interpretation
E) Confinement
F) Defense available to mentally ill persons
G) Template for many states' criminal codes
H) First federal legislation addressing the increase of computer crime
I) Police, without a search warrant, can stop and frisk a person behaving suspiciously
J) Assault with a deadly weapon
K) Person helping a criminal to escape punishment

Question 62

Match the terms with their descriptions:

-Insanity

A) Acts against one's master
B) Particular state of mind required for the commission of a criminal act
C) Crime without criminal intent requirement
D) Made present by legal interpretation
E) Confinement
F) Defense available to mentally ill persons
G) Template for many states' criminal codes
H) First federal legislation addressing the increase of computer crime
I) Police, without a search warrant, can stop and frisk a person behaving suspiciously
J) Assault with a deadly weapon
K) Person helping a criminal to escape punishment

Question 63

Match the terms with their descriptions:

-Strict liability crime

A) Acts against one's master
B) Particular state of mind required for the commission of a criminal act
C) Crime without criminal intent requirement
D) Made present by legal interpretation
E) Confinement
F) Defense available to mentally ill persons
G) Template for many states' criminal codes
H) First federal legislation addressing the increase of computer crime
I) Police, without a search warrant, can stop and frisk a person behaving suspiciously
J) Assault with a deadly weapon
K) Person helping a criminal to escape punishment

Question 64

Match the terms with their descriptions:

-Stop and frisk rule

A) Acts against one's master
B) Particular state of mind required for the commission of a criminal act
C) Crime without criminal intent requirement
D) Made present by legal interpretation
E) Confinement
F) Defense available to mentally ill persons
G) Template for many states' criminal codes
H) First federal legislation addressing the increase of computer crime
I) Police, without a search warrant, can stop and frisk a person behaving suspiciously
J) Assault with a deadly weapon
K) Person helping a criminal to escape punishment

Question 65

Match the terms with their descriptions:

-Computer Fraud and Abuse Act

A) Acts against one's master
B) Particular state of mind required for the commission of a criminal act
C) Crime without criminal intent requirement
D) Made present by legal interpretation
E) Confinement
F) Defense available to mentally ill persons
G) Template for many states' criminal codes
H) First federal legislation addressing the increase of computer crime
I) Police, without a search warrant, can stop and frisk a person behaving suspiciously
J) Assault with a deadly weapon
K) Person helping a criminal to escape punishment

Question 66

Match the terms with their descriptions:

-Felony

A) Acts against one's master
B) Particular state of mind required for the commission of a criminal act
C) Crime without criminal intent requirement
D) Made present by legal interpretation
E) Confinement
F) Defense available to mentally ill persons
G) Template for many states' criminal codes
H) First federal legislation addressing the increase of computer crime
I) Police, without a search warrant, can stop and frisk a person behaving suspiciously
J) Assault with a deadly weapon
K) Person helping a criminal to escape punishment

Question 67

Define ex post facto laws and double jeopardy. Identify documents prohibiting ex post facto laws and double jeopardy. Discuss under what circumstances the prosecutor may and may not retry the defendant for the same criminal office.

Question 68

Compare and contrast a principal in the first degree and a principal in the second degree.

Question 69

Identify and discuss four common criminal defenses.

Question 70

Discuss why criminal defendants' rights are protected in the U.S and where this protection comes from.

Question 71

Discuss why today legislators are concerned with laws against cybercrimes.