Term
Which of the following are criminal acts that are punished before the ultimate or intended harm occurs?
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Definition
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Term
| According to the Model Penal Code (MPC) a person is guilty of attempt to commit a crime if he or she commits any three of the following actions. Which one does not belong? |
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Definition
| purposely accomplishing the actus reus of the intended crime, but in such a way that he or she lacks the ncessary mens rea and thus the element of concurrence |
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Term
| The crime of attempt requires the __________ that, if carried out would have the resulted in the commission of the substantive crime. |
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Definition
| specific intent to commit an act |
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Term
| Which of the following test has been abolished and is no longer used to determine whether a person is criminally liable for an attempted offense |
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Definition
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Term
| Under the __________ test, the perpetrator need not have advanced so far as the last act, and an attempt has not been committed unless the accused has the immediate power to actually carry through with the crime at the time of the intervention of the police |
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Definition
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Term
| Under the _________ test, a person is guilty of attempt when his or her conduct is very close to success, or when an act is so near to the resilt that the probability of success is very great |
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Definition
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Term
| under the ___________ test, a suspect who has not yet gained control over a necessary instrumentality of the criminal plan cannot be guilty of attempt |
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Definition
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Term
| Which of the following is an agreement between two or more people to commit and unlawful act or acts to do a lawful act unlawfully? |
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Definition
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Term
| James Cameron, upset at being upstaged by his ex-wife decides to kill her. he asks to borrow a friend's gun and tells him the plan. the friend loads the gun with blanks (not real bullets) and gives it back to James. James then drives over to his ex-wife's house and shoots her 5 times before realizing the bullets in the gun are blanks. He then runs away. Can James be convicted of attempted murder, if so, why, if not why not? |
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Definition
| Yes- this is an attempt under any of the tests discussed in class |
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Term
| Which of the following is not an inchoate crime? |
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Definition
| Murder as a principle in the second degree |
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Term
| Jack, a Richmond City police officer, is approached by Jill, a bitter disgruntled house wife, to kill her husband Pete. Jack agrees and the two begin planning. After the first planning session Jack arrests Jill. What offense if any can Jill be convicted for having committed? |
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Definition
| Solicitation to commit murder |
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Term
| A(n) is one in which the defendant admits to the existance of all of the necessary legal elements for criminal liability but offers one or more legally recognized reasons why he or she should nonetheless be acquitted |
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Definition
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Term
| A defense based upon a(n) ________ renders lawful conduct that would otherwise constitute a violation of the criminal law. |
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Definition
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Term
| Usually, a defendant must proce three elements in order to be acquitted of a crime because of self-defense. Which of the following is Not one of these three elements? |
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Definition
| wheter a weapon was used, and wheter it was lethan or nonlethal |
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Term
| An excuse defense is one in which: |
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Definition
| the actor's conduct is criminal, but the actor is not be held morally or legally culpable |
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Term
| There are five legal tests, or rules, that have been adopted by jurisdictions in the United States to determine the sanity of of an accused. Which of the following is no longer used? |
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Definition
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Term
The effect that punishment of the offender will have in causing other people in the community to refrain from committing is called:
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Definition
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Term
| as a by-product of punishment, ___________ is sought so the offender will no longer desire to commit crimes and will be a useful citizen |
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Definition
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Term
| Imposition of punishment in the context of an "eye for an eye" usually associated with retribution is called: |
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Definition
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Term
| Three of the following are hallmarks of the utilitarian view. Which does not belong |
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Definition
penitence
reform,vengance,general deterrence are |
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Term
| The death penalty cannot be imposed when to do so would violate the cruel and unusual punishment clause of the Eighth amendment to the United States Constitution, particularly in cases involving all except which of the following: |
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Definition
premeditated murder
non-killer accomplice to a felony murder, juventiles, a person who is mentally retarded are |
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Term
| the goal of utilitarianism is: |
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Definition
| the greatest good for the greatest number |
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Term
| an intolerance for repeat offenders has resulted in ________, which impose sentences of 25 years to life for those who have been convicted of certail serious offenses three times |
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Definition
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Term
| Which of the following is NOT an example of homicide? |
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Definition
| a suicide performed by a terminally ill patient |
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Term
| The corpus delicti requirement, which exists for every crime and in particular for homicide, has two parts in homicide cases. Which of the following is one of these? |
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Definition
| the prosecution cannot use statements of the defendant, or his or her congession alone, to prove that a crime has been committed. |
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Term
| The MPC names three categories of criminal homicide. Which of the following is NOT one of those categories? |
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Definition
Feticide
murder,manslaughter,neglegent homicide are |
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Term
| Which is not a category of homicide in Virginia |
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Definition
criminally negligent homicide
murder in the first degree, murder in the second degree, capital murder are |
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Term
| Mutt and Jeff decide to rob a bank. Mutt brings a gun unbeknownst to Jeff. During the robbery Mutt points the gun at an elderly security guard. The security guard has a heart attack and dies during the robbery. What can Jeff be convicted of? |
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Definition
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Term
| three of the following are defenses used in reducing murder to manslaughter. Which of these is NOT an adequate defense for this? |
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Definition
implied malice
imperfect self-defense, procovation, and diminished mental capacity are |
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Term
| in virginia, what is the differense between an unlawful wounding and a malicious wounding? |
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Definition
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Term
| In virginia, what is the difference between aggravated maliciouse wounding and malcious wounding? |
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Definition
| permanent and significant injury |
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Term
| In virginia, What is the difference between battery and unlawful wounding? |
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Definition
| the intent to main, disfigure, disable or kill |
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Term
| Which of the following is NOT a true statement about child molesters? |
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Definition
| child molesters rarely recidivate, and often go on to lead noncriminal lives after incarceration |
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Term
| In order for a defendant to be guilty of better, not only must he or she intend to cause harmful or offensive touching, but he or she must also |
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Definition
| actually cause such a result to the victim |
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Term
| According to the American Bar Association, _______ are abducted each year |
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Definition
| more than 300,000 children |
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Term
True or False: Inchoate crimes also have actus reus and men rea requirements
test 2a |
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Definition
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Term
True or False: Today, an attempt to commit a substantive is usually punished the same as a completed offense
test 2 b |
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Definition
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Term
True or False: factual impossibility is not a defense to the crime of attempt.
test 2 c |
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Definition
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Term
True or False: legal impossibility is a common law defense to the crime of attempt
test 2 d |
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Definition
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Term
True or False: a person may use force to defend property
test 2 e |
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Definition
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Term
True or False: Necessity as a defense can be successful in producing an acquittal as long as the harm produced is equal to or less than the harm that would have occured without the action
test 2 f |
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Definition
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Term
True or False: a mitigating defense, if successful, will lead to the acquittal of the defendant
test 2 g |
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Definition
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Term
True or False: Consent may be a successful defense for an 18 year old accused of having sexual intercourse with a 14 year old
test 2 h |
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Definition
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Term
True or False: a male of any age can be raped in the commonwealth of virginial
test 2 i |
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Definition
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Term
True or False: virginia does not practice indeterminate sentencing
test 2 j |
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Definition
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Term
True or False: all of the 50 states and the federal government have their own separate set of criminal statues
test 2 k |
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Definition
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Term
True or False: Many states rely exclusively on common law to define their crimes
test 2 l |
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Definition
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Term
True or False: the difference between murder and manslaughter is malice
test 2 m |
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Definition
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Term
True or False: in order for a defendant to be held criminally responsible for causing the death of another human being, the victim must be alive at the time of the defendants actions
test 2 n |
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Definition
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Term
True or False: a private citizen who mistakenly uses deadly force is not held criminallu liable for the death of the victim
test 2 o |
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Definition
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Term
True or False: In virignia, aggravated assult is a felony
test 2 p |
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Definition
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Term
True or False: In virginia a man may be convicted for raping his wife
test 2 q |
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Definition
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Term
True or False: although mere words are usually not enough to charge a person whith assault, words accompanied by some movement may be sufficient
test 2 r |
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Definition
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Term
True or False: megan's law requires community notification by authorities when a convicted sex offender is released from prison
test 2 s |
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Definition
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Term
| Rank the following burdens of evidence from the greatest to the least: Clear and Convincing, Reasonable Doubt, Probably Cause, Reasonable Articulable Suspicion, Preponderance |
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Definition
| Reasonable Doubt, Clear and Convincing, Preponderance, Probable Cause, Reasonable Suspicion |
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Term
| Today, Virtually all criminal law is _____________, that is, crimes are defined by the legislatures of the states and the federal government |
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Definition
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Term
| Much of the reform of English and American criminal law was influenced by: |
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Definition
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Term
| The feature of the Criminal law that distinguishes it from other law is |
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Definition
| the imposition of incarceration for its violation |
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Term
| the utilitarian legal philosopher Jeremy Bentham reorganized the law of crimes according to the: |
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Definition
| amount of social harm they caused |
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Term
| penalties such as payment of a large civil judgement or loss of a license to practice a profession constitute: |
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Definition
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Term
| a defendant who was convicted of a single criminal offense and sentenced to 1 year and 6 months of incarceration was convicted was of what: |
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Definition
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Term
| a person who slips on the ice and accidentally pushed someone else to the ground lack the ____________ to be convicted of a crime |
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Definition
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Term
| someone who intends for the principle to fail in the criminal endeavor is called: |
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Definition
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Term
True or False: someone acting as an accessory before the fact can only be found guilty of a misdemeanor, where as the person who actually commited the act may be found guilty of a fealony:
test 1 a |
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Definition
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Term
True or False: a core concept of the american criminal justice system, legality holds that no one can be punished for an act that was not defined as criminal before the person did the act:
Test 1 b |
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Definition
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Term
True or False: in the case of felonies, a law enforcement officer need only have reasonable suspicion to believe that a person has committed a crime before he or she may arrest the suspect
test 1 c |
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Definition
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Term
True or False: the purpose of a preliminary hearing is for a judge to determine whether there is probable cause for the accused to answer to the crime charged
test 1 d |
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Definition
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Term
True or False: the US constitution defines only one crime---- murder
test 1 e
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Definition
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Term
True or False: a person who is arrested and taken to jail without being read his or her rights pursuant to Miranda, will avoid prosecution
test 1 f |
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Definition
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Term
True or False: a police officer may pat down anyone whom he/she has reasonable and articulable suspicion to believe has commited a crime
test 1 g |
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Definition
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Term
True or False: ignorance of the law is often a defense for violating validly existing criminal law
test 1 h
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Definition
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Term
True or False: a civil offense is prosecuted by government attorneys who represent the community as a whole
test 1 i |
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Definition
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Term
True or False: a person may be held criminally liable for his or her omission to act when he or she has a moral obligation to do so
test 1 j |
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Definition
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Term
True or False: under modern law, an accomplice may be convicted of an offense even though the primary actor (principal in the first degree) is acquitted of the same offense
test 1 k |
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Definition
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Term
True or Flase: in virginia, the general distric court is the mail trial court for felony cases
test 1 l |
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Definition
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Term
True or Flase:Nancy was tried and found not guilty of possession with the intent to dustribute cocain by the Henrico County Circuit Court. Double Jeopardy prevents her from being tried by the United States government for the same offense
test 1 m |
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Definition
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Term
| your text names several diferent types of speech that are not automatically covered by the First amendment. Three are listed below. Which does NOT belong? |
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Definition
grievances against the government
obscenity, the advocacy of unlawful conduct, and fighting words are not cover by the first amendment |
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Term
| Which of the following is a criminal act? |
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Definition
neglecting to take care of your sick child, leading to that child's death
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Term
| Modern law defines a __________ as a crime that is less serious than a felony and is usually punishable by fines, penalties or incarceration of less than one year. |
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Definition
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Term
| which of the following holds a person criminally liable even when the consequence of his or her action is not what the actor actually intended? |
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Definition
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Term
| a person could be an accomplice to a crime though many actions that help or promote the crime's commission, including three of the following. Which is NOT one of these actions discussed in the book? |
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Definition
committing a criminal act without realizing it
being a lookout, offering words of encouragement, providing a wapon to beused during the offense are the three actions. |
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Term
| if the accused is convicted of a crime: |
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Definition
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Term
| the goal of utilitarianism is: |
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Definition
| the greatest good for the greatest number |
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Term
| a civil law violation is called a |
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Definition
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Term
| _________ criminal law dictates the methods and the means by which the state proceeds, through the police, public administrators, and the courts, to enforce rights or duties of the _________ law |
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Definition
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Term
| what is the evidentiary standard required for a police officer to make an arrest? |
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Definition
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Term
| a ___________ is a special legislative enactment that declares a person or group of persons guilty of a crime and subject to punishment without a trial |
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Definition
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Term
| Larry "the theif" Larson was convicted of his first misdemeanor larceny in 1999. He was again convicted of larceny on 2002. In 2005 the state legislate passed a third strike law making a third larceny a felony. in 2009 larry was caught again. Can he be charged with a felony? |
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Definition
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Term
| in 1927 the US supreme court struck down the death penalty as applied in the landmark case of Furman v. Georgia. What was the rationale or holding of that case? |
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Definition
| the death penalty was being implimented in an arbitrary and inconsistent manner and had the efect of discriminating against the poor and minorities |
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Term
| Bradd visits Jennifer where she shoots up some heroin. she has a violent reaction and begins convulsing. Fearing that he may be caught cheating on his wife he leaves and not calls 911. Can he be convicted of any crime? |
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Definition
| no- because he has no legal duty |
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Term
| How many US Supreme Court justices must agree for that court to hear a case (also called a granting a Writ of Certiorari?) |
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Definition
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Term
| Which of the following is not presently a US supreme court justice? |
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Definition
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Term
| In virginia, how many Supreme court justices must vote to hear a particular case? |
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Definition
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Term
| gearge puts on a mask and runt into a store and points a gun at the cashier demanding money. Kramer is waiting outside for George and they plan to split the money. Can cramer be convicted of therobbery as a principal in the second degree under the modern code in virginia |
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Definition
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Term
| gearge puts on a mask and runt into a store and points a gun at the cashier demanding money. Kramer is waiting outside for George and they plan to split the money. Can cramer be convicted of therobbery as a principal in the second degree under the common law code in virginia |
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Definition
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Term
| paul and his friend Shane go out to Kohl's department store. While there paul decides to steal a package of underware. Shane watches and does nothing. What if anything is shane guilty of? |
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Definition
| not guilty of any offense |
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Term
| How many of the original 12 proposed constitutional amendments (the pool from which the Bill of Rights was formed) have been ratified to date? |
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Definition
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Term
| Which of the following is prohibited by the eigth amendment? |
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Definition
| a judge or magistrate requiring excessive bail |
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Term
| At common law the crime of breaking and entering is most similar to which offense in Virignia? |
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Definition
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Term
| which of the following is NOT one of the three elements of common law burglary? |
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Definition
occuring at any time of the day
intent to commit a felony, entrance of the mansion or dwlling, breaking and entering house or curtilage of another is included |
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Term
| Which of the following would not constitute a "breaking" as discussed in class? |
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Definition
| entering an open door of someone else's home |
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Term
| at common law, if one achieves entry through an open outer door with consent, forcing open an inner door of a building is.... |
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Definition
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Term
| By constructive entry, a person can commit entry by using an instrumentality. Which of the following is NOT and example of an instrumentality? |
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Definition
| an object such as a lock pcick, which will give a person entry (that is actually breaking and entering) |
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Term
| In virginia, a VCU student leaves his friends apartment and realizes he is too drunk to drive. So he returns to what he thinks is his friends apartment and crashes on the couch. In the morning he realizes it is not his friends apartment and takes $40 off the coffe table. What can he be convicted of? |
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Definition
| unlawful entry and petit larceny |
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Term
| most jurisdictions have a statute of aggrecated burglary, what factor would make a burglary aggravated? |
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Definition
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Term
| Larcent from a person differs from robbery in that robbery in that robbery requires the additional element of: |
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Definition
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Term
| the difference between unauthorized use of a motor vehicle and grand larceny is: |
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Definition
| the intent to permanently deprive the owner |
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Term
| which of the following is NOT an example of property that can be misused or taken in the crime of embezzlement? |
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Definition
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Term
| which of the folowing is NOT an element that can hold a person liable for the crime of receiving stolen property? |
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Definition
| unexplained possession of stolen property |
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Term
| tommy sneaks up behind a 95 year old woman and snatches her purse, she chases him trips and breaks a hip. What is tommy guilty of? |
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Definition
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Term
| which of the following is NOT one of the elements of common law crime of extortion |
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Definition
| a fee that is actually recieved by a private citizen |
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Term
| Nancy takes Tims checkbooks, writes herself a $250 check, and cashes it. What is she guilty of? |
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Definition
| forgery, uttering, grand larceny, and petit larceny |
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Term
| John Steals a check from Paul and gives it Nancy to cash telling her he will split the $195 with her. What is nancy guilty of? |
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Definition
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Term
| which of the following is NOT one of the three elements of tax evasion? |
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Definition
| the existence of unreported nontaxable income |
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Term
| to prove the existence of a tax deficiency, the govt must show three of thefollowing what does NOT belong? |
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Definition
| the defendant recieved les income than what was originally supposed |
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Term
| There are three common defenses to securities fraud. Which of the following is NOT one of these? |
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Definition
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Term
| to obtain a conviction for mail fraid, the govt must establish 4 basic elements all beyond a reasonable doubt. Which of the following is NOT one of these? |
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Definition
| the use of personal courier services such as by co-felons |
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