Deck 4: Crimes Against Persons and Crimes Against Habitation

Question 1

Trespassing laws cover only private dwellings.

Answer 1

False

Question 2

Injury is always required in battery,but not assault.

Answer 2

True

Question 3

Mitigating factors do not constitute a total defense to a murder charge but may serve to reduce the degree of criminality or the punishment the defendant may receive.

Answer 3

True

Question 4

Sex offender registries are confidential.

Question 5

Most homicide cases arise under federal statutes.

Question 6

Cyberstalking is a growing crime problem.

Question 7

A capital murder charge requires the consideration of both aggravating and mitigating circumstances.

Question 8

The permanent dismembering or disabling of another person is called mayhem.

Question 9

You are best prepared if you concentrate on federal rather than state criminal laws.

Question 10

Oregon is the only state that specifically allows physician-assisted suicide.

Question 11

An assault is the threat or attempt to cause injury,a simple misdemeanor that can never rise to the level of serious to constitute a felony.

Question 12

Statutes of limitations for sex crimes against children have been eliminated in some states.

Question 13

Involuntary servitude has not occurred in the United States since the Civil War.

Question 14

Reforms in domestic violence laws make it easier for victims to receive protective orders.

Question 15

Manslaughter is a lesser degree of murder.

Question 16

Exposing others to disease is never a crime.

Question 17

It is possible to commit battery recklessly,but not assault.

Question 18

A lesser included offense may be joined in the charging document or be stated in instructions to the jury,who then decide not only whether to convict,but also on which charge to convict.

Question 19

Matthew and Joan was dressed up to attend a Halloween party.They were dressed as the nursery rhyme characters Jack and Jill,and on the way to the party they encountered Jason,a man Matthew disliked.Jason began taunting Matthew about his sissy costume and Matthew became angry and said,"If this party wasn't so important to my wife,I'd stop and kick your butt." In saying this Matthew assaulted Jason.

Question 20

The Model Penal Code limits burglary to occupied buildings.

Question 21

In states not having specific laws against it,exposure to HIV is covered by laws against

A)murder
B)assault and battery
C)sexual abuse
D)fraud

Question 22

Issues in determining homicide actus reus include

A)when life ends
B)whether a dangerous weapon was used
C)whether there was premeditation
D)whether there was provocation

Question 23

The Unborn Victims of Violence Act established

A)criminal sanctions for abortion
B)that life begins at conception
C)the death penalty for harming a fetus
D)harming a fetus is a separate federal crime

Question 24

Mitchell had read a novel in which the characters had played Russian roulette.He discussed the book with his brother.During the conversation Mitchell got out a loaded pistol and dared his brother to pull the trigger.Mitchell didn't believe that his brother would actually pull the trigger but he did.Fortunately,the hammer struck on an empty chamber and his brother was unhurt.For his actions Mitchell may be charged with

A)gross negligence
B)aggravated assault
C)unintended battery
D)reckless endangerment

Question 25

A dangerous weapon in aggravated assault and battery

A)must be an instrument commonly used as a weapon,such as a gun or knife
B)has to be under the defendant's control
C)qualifies if it is in the defendant's possession without being used
D)usually must be among those listed in the statute

Question 26

Hate crime statutes are all except

A)criminalization of acts motivated by bias against groups
B)consistent throughout the states
C)more often upheld if they concern conduct rather than speech
D)criticized because of First Amendment concerns

Question 27

Malice aforethought is an element for second-degree murder and while there is no one definition,the term malice can arise out of four circumstances.Which of the following is a circumstances that a court has held that a killing is malicious:

A)if the perpetrator acts without the specific intent to kill
B)where the perpetrator has the specific intent to inflict serious bodily harm
C)the act is done with disregard of an unreasonable human risk even if there is not actual intent to kill or injure
D)a killing occurred in the course of the intentional commission of a misdemeanor

Question 28

Admission of evidence of a rape victim's sexual history in court is blocked by

A)compassionate defense attorneys
B)protective orders
C)rape armor laws
D)rape shield laws

Question 29

According to the Model Penal Code,a lesser included offense is all but

A)a less serious crime that was committed at the same time as the most serious offense charged
B)one provable by the same or less than all the facts necessary to prove the charged offense
C)the attempt or solicitation to commit the charged offense
D)the same as the charged offense,but involving less serious injury,risk or culpability than the charged offense

Question 30

Provocation in manslaughter includes all except

A)insults
B)mutual combat
C)adultery
D)threat of deadly force

Question 31

Under common law,death has to occur within what period from the time of injury for criminal homicide to be charged?

A)one year
B)one year and one day
C)death must follow immediately
D)three years and a day

Question 32

The person who supplies alcohol to a driver who later crashes a car and kills a passenger may be guilty of homicide based on

A)chain of causation
B)transferred intent
C)malice aforethought
D)felony murder

Question 33

Reckless endangerment requires

A)use of a deadly weapon
B)no actual harm
C)threat of immediate harm
D)intent to place three or more people at risk of harm

Question 34

Terroristic threatening

A)does not require the defendant to mean what he says
B)requires the immediate ability to carry out the threat
C)must actually put the victim in fear
D)is not a federal crime

Question 35

The charge of child abuse murder in some states is similar to

A)involuntary manslaughter
B)voluntary manslaughter
C)felony murder
D)second degree murder

Question 36

Tom joined a men's recreational football league in order to get some exercise and social activity.Tom enjoyed playing in the league until one Saturday morning when he was injured by a late tackle.Tom has filed a complaint for battery against the other player.If the other player is charged what defense might he use?

A)consent
B)negligence
C)self-defense
D)justification

Question 37

Gradation of homicide is based on

A)mens rea
B)actus reus
C)malice aforethought
D)causation

Question 38

The line between murder and manslaughter is

A)the death penalty
B)malice aforethought
C)justifiable homicide
D)mitigating circumstances

Question 39

A hate crime is a crime in which the defendant intentionally selects a victim,or,in the case of property crime,the property that is the object of the crime,because of

A)economic status
B)political belief
C)gender identity
D)marital status

Question 40

When the offender causes bodily harm;confines or restrains the victim;or violates a restraining order,protective order,or injunction,that offender has committed the crime of

A)terroristic threatening
B)aggravated assault
C)aggravated stalking
D)statutory rape

Question 41

Megan's Law provides for

A)the death penalty for rape
B)registration of sex offenders
C)video testimony in child abuse cases
D)prosecution of elder abuse

Question 42

Child abuse investigations

A)are easy because children can be relied upon to tell the truth
B)can be based on teachers' reports of suspected abuse
C)are never based on federal law
D)to not include cases of neglect

Question 43

The act that constitutes a ___________________________ is an offensive touching of another person or a physical injury.

Question 44

The court will decide if a defendant is entitled to a lesser included offense instruction and if it determines it is necessary,it will do so during jury instructions.What two things will the court consider when making this decision?

Question 45

Malicious mischief of _______________________ is intentional or wanton damage done to real or personal property.

Question 46

Recklessly or intentionally placing a person in fear for his/her own or another's safety,or causing the evacuation or disruption of a public space or facility is ______________________________ ______________________________.

Question 47

An arson statute provides that one is guilty of arson if that person starts a fire with the purpose of (1)destroying an occupied structure of another or (2)damaging any property,his own or another's,to collect insurance.Please write a short paragraph identifying the actus reus,the mens rea,and the harm done by this crime.

Question 48

Elements of arson always include

A)damage from burning
B)the burned building was a dwelling
C)insurance fraud
D)ownership by the offender

Question 49

What Is the Most Serious Yet Appropriate Charge for the Following Situation: The vice president of Smythe and Associates Engineering becomes aware that two of the company's nuclear plant inspectors are falsifying x-rays of spot welds that seal the reactor's core room at the Pine Mountain Nuclear Plant.Revelation of the practice is likely to delay the completion of the plant and cost Smythe and Associates a $2 million bonus for timely completion of the project.The information is not revealed.

Question 50

Paul is at a party hosted by a long-time friend when he meets Megan.Paul knows almost everyone at the party and knows that they are a group of young professionals in their twenties and thirties.When he talks with Megan she tells him that she is out of school and working at a local bar until she finds the job that she wants.Paul is very attracted to Megan and when he asks her to come home with him,she readily agrees.They have sex and the next morning Paul drops Megan off at her car and then drives to work.Two days later Paul is at home when he hears a knock at the door.He opens the door and finds the police asking him to talk about Megan and their evening together.Paul finds out that Megan is actually sixteen and in that jurisdiction she is under the age of consent.Please write a paragraph:
1.identifying the criminal charge Paul might face,
2.the definition of that crime,
3.the elements and the key facts that might support the prosecutor's case,and
4.the key facts that might support a defense for Paul.

Question 51

Please write a short paragraph defining kidnapping and then discuss the elements that a prosecutor would have to prove in order to convict someone of this crime.

Question 52

List four factors that could add aggravated degrees to the crimes of battery or sexual assault.

Question 53

An individual who makes a credible threat to the safety of another person and repeatedly follows or places that person under surveillance is guilty of the crime of ________________.

Question 54

Federal law bans firearm possession for those who

A)make obscene phone calls
B)have been sued for child support
C)are subject to a protective order
D)have been charged with domestic violence

Question 55

What are the seven grades of homicide? Please define each and discuss their elements.Lastly,please discuss how each grade of homicide differs from the others.

Question 56

Most elder abuse is the result of

A)financial exploitation
B)sexual abuse
C)neglect
D)physical violence

Question 57

____________ _____________ typically is an unintentional killing during the commission of a dangerous felony.

Question 58

List five provisions of the PROTECT Act.

Question 59

What are three provisions of the Violence Against Women Act of 1994?