Deck 9: Assaultive Offenses

Question 1

What would administering of a drug to a victim to enable the theft of the person's personal property may be construed as by the courts?

A)Theft by force
B)Constructive force
C)Destructive force
D)Aggravated force

Answer 1

B

Question 2

What is the term meaning that the individual has control over the property but is not physically touching that property?

A)Constructive possession
B)Legal possession
C)Actual possession
D)None of the above

Answer 2

A

Question 3

What is the element of kidnapping that refers to the seizing and carrying away of another?

A)Transporting
B)Illegal transporting
C)Transference
D)Asportation

Answer 3

D

Question 4

What type of assault intentionally places another person in fear of an imminent battery?

A)Criminal assault
B)Attempted battery assault
C)Simple assault
D)Threatened battery assault

Question 5

What is the primary difference in theft from a person and robbery?

A)The taking of personal property
B)The lack of intent to return the property to the rightful owner
C)The presence of violence or instilling of fear in the owner of the property
D)None of the above

Question 6

What is the offense when the suspect is in possession of a weapon while committing the crime of robbery?

A)Robbery
B)Armed robbery
C)Shoplifting
D)Pickpocket

Question 7

A person who has sexual intercourse with a person who may give consent, but is below the legal age of consent is guilty of what offense?

A)Child intercourse
B)Sex with a child
C)Statutory rape
D)None of the above

Question 8

Which of the following applies to the Model Penal Code definition of rape?

A)The female is less than 10 years old
B)The female is unconscious
C)The suspect compels the female to submit by force or threat of force
D)All the above

Question 9

What is unlawful touching, typically with injury, which occurs when one person makes violent physical contact with another person who does not consent to the contact?

A)Battery
B)Aggression
C)Offensive aggression
D)None of the above

Question 10

The following are elements of crime for what offense? (1) the victim does not consent, and (2) the sexual intercourse is secured by force or threats of force.

A)Rape
B)Forcible rape
C)Date rape
D)None of the above

Question 11

What is the general term that covers a range of nonconsensual sexual offenses against another person?

A)Rape
B)Sexual Assault
C)Aggravated Sexual Assault
D)Aggravated Assault

Question 12

What is the taking of sexual intimacy with an unwilling person by force or without consent?

A)Rape
B)Assault
C)Intercourse
D)Sex

Question 13

According to laws today, what is the offense when a person uses trickery to gain consent for sexual assault?

A)Rape by deception
B)Rape by inclusion
C)Rape without knowledge
D)Trickery is acceptable as long as the person consents to the act.

Question 14

In the State of California the mens rea of robbery is met by what element?

A)Minor theft
B)Miscellaneous theft
C)Felonious taking
D)Robbery taking

Question 15

What is the unlawful taking and carrying away of another person with the intent to deprive that person of his or her liberty?

A)Temporary restraint
B)Restraint
C)Kidnapping
D)None of the above

Question 16

Under common law, what are the two kinds of assault?

A)Threatened battery assault and attempted battery assault
B)Actual battery assault and attempted battery assault
C)Partial battery assault and threatened battery assault
D)None of the above

Question 17

What was the sentence given to offender Anthony Ireland subsequent to his conviction by the Superior Court, Fresno County, California in People v. Ireland?

A)100 years
B)25 years
C)100 years, with four consecutive sentences of 25-years-to-life
D)50 years

Question 18

What is the term describing property that is either held by the individual or attached to that individual in some fashion?

A)Partial possession
B)Legal possession
C)Constructive possession
D)Actual possession

Question 19

What is the mens rea element of threatened battery assault?

A)The intention to cause another person to fear imminent battery
B)The act of causing battery to another
C)To commit simple assault to another
D)None of the above

Question 20

Under common law what was required of a rape victim to obtain a conviction of the offender?

A)Testimony corroborated with physical evidence
B)Proof that she was not a prostitute
C)Proof of age discrepancy
D)None of the above

Question 21

What is defined by the National Center for Victims of Crime as the "willful intimidation, assault, battery, sexual assault, or other abusive behavior perpetrated by one family member, household member, or intimate partner against another."

A)Aggravated assault
B)Simple battery
C)Family altercations
D)Domestic violence

Question 22

Prosecutions for assault without battery, such as assaults by threat, are relatively common even with the absence of contact or injury.

Question 23

Many states have enacted what type of policy concerning domestic violence?

A)Mandatory arrest policy
B)Temporary restraint policy
C)Mandatory counseling policy
D)None of the above

Question 24

In recent years, courts, legislatures, and critics of traditional conceptions of rape have come to realize that the common law resistance requirement is unreasonable.

Question 25

What is one of the key elements of carjacking?

A)Taking possession from another
B)Killing the driver of the vehicle
C)Assaulting the driver of the vehicle
D)None of the above

Question 26

The mens rea of threatened battery assault is the intention to cause another person to fear imminent battery.

Question 27

Assault and battery are among the most misused terms in criminal law.

Question 28

Rape shield laws restrict the admissibility of the victim's past sexual history during a trial.

Question 29

If a male has intercourse with a female while she is asleep or unconscious the act will be considered rape.

Question 30

In Illinois, armed robbery requires that the offense be committed "while armed with a dangerous weapon."

Question 31

An assault requires physical contact, but sexual assault is usually always likened with some form of verbal assault.

Question 32

Consent for sexual intercourse may be given and then withdrawn at any moment during the act. Therefore, the actor must comply with the request to stop the intercourse.

Question 33

The taking of sexual intimacy with an unwilling person by force or without consent is a timeless definition meaning that it incorporates both common law and current conceptions of rape.

Question 34

If there is not a person present as a victim, the crime of taking property will be larceny or theft instead of robbery.

Question 35

Domestic violence and child abuse are both considered what type of offense?

A)Simple assault offenses
B)Neighborhood offenses
C)Domestic offenses
D)None of the above

Question 36

What is similar to kidnapping, but is usually regarded as less serious because it lacks the "carrying away" element?

A)Temporary restraint
B)False imprisonment
C)False holding
D)None of the above

Question 37

Although in many kidnapping cases the victim is often taken far away from the scene of the abduction, there is no specific distance requirement.

Question 38

Consensual sex between two 16-year-old teenagers is completely legal because the male is the same age as the female.

Question 39

Today, rape by deception is not a crime. A man can use any method of trickery or deception to lure a female into having intercourse.

Question 40

If a Fred forces entry into Jim's home while Jim is at work and steals Jim's stereo and 55-inch flat-screen TV, Fred has committed the crime of robbery because he committed the act of taking personal property from Jim without the intent of returning the property to Jim.

Question 41

Discuss the differences between kidnapping and false imprisonment. What are the differences between the elements of kidnapping and false imprisonment? What does asportation have to do with kidnapping?

Question 42

A robber who uses violence or puts the victim in fear does not have to use a _____________ to commit robbery.

Question 43

A robber using an __________________ may still be convicted of armed robbery regardless of the fact that the victim could not have been harmed.

Question 44

The fifth element of the actus reus of robbery is __________________.

Question 45

Inappropriate touching, forced kissing, indecent exposure, and a variety of other acts may constitute ______________.

Question 46

Compare battery and assault and explain the differences. Address the misuse of the term "assault" throughout the criminal justice system. How should the misuse be correct to ensure each state properly addresses battery and assault in a common manner?

Question 47

George is a local drug dealer who has a professionally trained pit bull that has been taught to respond to George's second language, which is German. During a traffic stop, the law enforcement officer discovers the drugs in the trunk of George's vehicle, subsequent to George's verbal consent to search the vehicle. Upon discovery of the drugs, George commands his pit bull in German to attack the law enforcement officer. George may be charged with assault and battery by means of a____________________.

Question 48

False imprisonment is dissimilar to kidnapping because it is equally serious a crime because of the felonious acts involved in the crime.

Question 49

Sam is working his typical racket of picking victims pockets and purses during concerts at the local convention center. However, one victim notices Sam's slight of hand and attempts to close her purse to secure the personal property within. Sam reacts by grabbing the purse with his other hand and threatening to stab the victim unless she lets Sam take the purse. A security guard sees the scuffle and takes Sam into custody. Sam may be charged with __________________.

Question 50

The essence of consent is that it is given out of free will, which is why consent can be ______________.

Question 51

A person who locks his grandmother in a closet and only provides bits of food and water to keep her alive for the purpose of collecting her social security checks, in addition to social security fraud, may be charged with _____________.

Question 52

Domestic violence and child abuse are both considered domestic offenses because they both typically occur in the home.

Question 53

Forcible rape occurs when the victim does not consent and sexual intercourse occurs through ___________________.

Question 54

Robbery does not occur unless, along with the actus reus of the offense, the offender intends to __________________ deprive the owner of personal property.

Question 55

James is a notorious pickpocket who typically works major sporting events. Unfortunately for James, he chose a victim who was an off-duty peace officer. The officer may place James under arrest for _________________.

Question 56

Compare the various levels of sexual assault. What constitutes the separation of the various forms of assault into each of these levels? What type of penalty accompanies each level?

Question 57

Discuss the six elements of robbery and how those elements relate to the victim. Does it make a difference in the conviction if the suspect knowingly displayed a weapon that was harmless? If so, why? Could the use of a harmless weapon influence the sentencing phase? If so, how?

Question 58

Intentionally frightening another person by following, harassing, and/or terrorizing that person commits the crime of _____________.

Question 59

Modern definitions of rape incorporate _________________ as well as forcible intercourse between married couples.

Question 60

Joseph commits a robbery of a local convenience store, killing the store attendant in the process of the robbery. Joseph purposefully decided to walk to the convenience store from his cousin's apartment two blocks away. However, not wanting to leave a trail leading back to his cousin's apartment, Joseph works his way in the opposite direction to a well populated shopping center parking lot and waits until he sees a woman step into her vehicle and back out of the parking space. Knowing that the woman's car will not automatically lock the doors until the woman puts the car in drive, Joseph rushes to the victim's car and jerks open the passenger door. He points his gun at the victim and orders her to get out of the car. She screams and attempts to reach around to the back seat. Joseph, thinking she is reaching for a weapon shoots the woman and shoves her from the vehicle as he speeds away. The woman rolls under nearby shrub bushes, which means she is out of plain view of other shoppers. She is alive, but severely wounded. Joseph drives the car south on the interstate freeway to a lake near his home about 29 miles south of the shopping center. He drives the car to a cliff area overlooking the lake and jumps out of the car as it rolls toward an over the cliff. Joseph did not see the baby strapped in the car seat safely tucked away in the back seat. Sport divers later inadvertently discover the sunken vehicle and the body of the tiny toddler. The police eventually develop a case against Joseph. What charges will be filed against Joseph? Will he be charged with the murder of the baby even though he had no knowledge of the baby being in the vehicle?

Question 61

Susan and her husband Lee are hardcore pedophiles. They have six children naturally born to both parents. The purpose for having the children was specifically to cater to their morbid sexual desires as well as feed a lucrative Internet child pornography business. The children range in age from six month to eight years of age. In addition to simply providing nude photographs of the children, the parents sexually assault the children with various objects of their passion. The children are emotionally and physically traumatized. Susan gave birth to all of her children through natural childbirth at home, while under the care of other pedophiles. Therefore, the outside world has remained unaware of the existence of the children. The parents market the abuse through a cover Internet source they believe to be sufficiently protected from the prying eyes of the FBI. Fortunately, one of the alleged pedophiles that recently joined the pedophile chat room thought to be safe was indeed an FBI undercover agent. The agent was able to trace down the location of the couple and secure warrants for their arrest.
What charges will the couple face during their trial? What will happen to the children? What sentencing will the couple possibly face subsequent to their conviction? Would it be possible for Susan to present any form of defense?