criminal law final

Corporate criminal law began as, and still is, the creature of

federal law

Tammy and Jenny are having coffee in Tammy’s kitchen. Jenny uses an electrical cord to beat Tammy’s one-year-old daughter for several hours repeatedly until she is bleeding. Tammy looks on but does nothing.

Tammy is guilty of the crime because of what exception to the mere presence rule?

the duty to act exception

What dramatically changed the nature of corporations from government entities controlled by government to private business operated by internal management?

the industrial revolution

One of the weaknesses of self-regulation is lack of enthusiasm for regulation by the regulated group.

True

Words can qualify as accomplice actus reus, if they

encourage and approve the commission of the crime.

The case of Pinkerton v. U.S. (1946) deals with what rule?

The rule that the crime of conspiracy and the crime the conspirators agree to commit are separate offenses

The crime of conspiracy and the crime the conspirators agree to commit are separate offenses

True

Vicarious liability only applies to enterprises.

False

Accomplices to murder are prosecuted

the same as murderers.

participants before and during the commission of crime are

guilty of the crime itself

Today, accessory-after-the-fact offenders are punished as severely as the offender who committed the crime.

False

Under common law, persons present when a crime was committed and who helped commit it were called

principals in the second degree

Which of the following is not one of the elements of most modern accessory-after-the-fact statutes?

The accessory actually committed a felony.

Vicarious liability cases that attract the most attention involve

large national corporations.

Today, participants before and during the commission of a crime are called

accomplices

Which of the following is less blameworthy than participation in a crime itself?

accessory liability

In general, merely being present at the scene of a crime

is not sufficient to create accomplice liability.

Under common law, persons who actually committed a crime were called

principals in the first degree

A fraternity holds a party during rush week at a local college. A number of the guests are not of legal age to drink alcohol so the fraternity does not provide alcohol at the party. Several members of the fraternity go to the bank before the party and withdraw large quantities of one dollar bills to provide change for a vending machine that contains beer in a separate apartment at the back of the fraternity house. The fraternity is charged with recklessly selling alcohol to minors.

Which of the following cases addresses this issue?

State v. Zeta Chi Fraternity

Mere presence of the defendant at the scene of a crime may create accomplice liability if

​the defendant has a duty to prevent the crime and fails to prevent or attempt to prevent it.

What transfers the actus reus and mens rea of an employee to the employer?

vicarious liability

Which of the following cases involved Enron and an accounting firm that was convicted of obstructing the Securities and Exchange Commission?

U.S. v. Arthur Andersen, LLP (2004)

Flight from the scene of a crime is enough evidence to convict a person of a crime or of being an accomplice.

False

Vicarious liability statutes grew out of public fear, frustration, and anger over juvenile violence and parents’

​failure to control their kids

Parent responsibility statutes are based on parents’ acts and

omissions.

A statute that addresses the crime of attempted rape would fall into which of the following categories?

a specific attempt statute

Legal and factual impossibility are both defenses to criminal liability.

false

Which test of attempt actus reus examines whether an ordinary person who saw the defendant’s acts without knowing his intent would believe he was determined to commit the intended crime?

​the unequivocality test.

What has occurred when actors intend to commit crimes, and do everything they can to carry out their criminal intent, but the criminal law doesn’t ban what they did?

​a legal impossibility

What is the name of the Model Penal Code test of attempt actus reus?

the substantial steps test

Criminal attempt liability is based on what rationale(s)?

​preventing dangerous conduct and neutralizing dangerous people

A conspiracy where participants at one end may know nothing of those at the other end, but every participant handles the same commodity at different points, such as manufacture, distribution, and sale is known as

a chain conspiracy

What Act is a specialized conspiracy law frequently utilized against organized and white-collar crime?

RICO

The Model Penal Code (MPC) approach to attempt would NOT include which of the following?

possession of a map of the general vicinity of the place to be held up

The mens rea of criminal attempt is always purpose.

True

Casey decides to start an illegal business. He contacts all of his friends and family and pools a significant sum of money. Casey purchases a large quantity of marijuana and imports it using his friend Ryan. Ryan delivers the marijuana to Joe. Joe distributes the marijuana to a number of different people for sale. Only Casey knows everyone involved in his marijuana business.

What type of conspiracy is Casey involved in?

a chain conspiracy

Stephanie decided that she is done with her marriage and wants out. She does not want a divorce, as her husband is very wealthy and she will not receive a great deal of money if she divorces him. Stephanie decided to murder her husband so that she can keep his money. Stephanie stabs her husband in the chest in the middle of the night not realizing that he died of a heart attack two hours earlier.

In most jurisdictions Stephanie would

​have no defense; factual impossibility is not a defense to criminal attempt.

RICO applies harsh penalties to those engaged in criminal enterprise or illicit activity that is run like a business.

True

A conspiracy where one or more defendants participate in every transaction is known as

a wheel conspiracy

Which test of attempt actus reus asks whether defendants have reached a point where they’ve gotten control of everything they need to complete the crime?

the indispensable element test.

Conspiracy actus reus consists of two parts: (1) an agreement to commit a crime and (2):_________.

an overt act in furtherance of the agreement

Joseph owns his own car maintenance shop. He has been in business for twenty years and has done quite well. Edward opens a car maintenance shop across the street from Joseph. Joseph loses a large number of customers to Edward. Joseph decides to eliminate the competition and hires a man to murder Edward for the sum of $5,000.

What crime has Joseph committed?

soliciting murder

The vast majority of current criminal codes have adopted what test’s language regarding attempt actus reus?

​the MPC “substantial steps” test

To be a valid defense, the abandonment of an attempt must be involuntary.

False

What test of attempt actus reus excludes conduct that falls short of the last proximate act that should be included?

​the all but the last act test

A pattern of illegal activity carried out in the furtherance of an enterprise owned or controlled by those engaged in the activity is called

racketeering.

Which rationale concentrates on how fully defendants have developed their criminal purpose?

​the dangerous person rationale

A person can be guilty of conspiracy even though he does not know all of the others in the conspiracy.

True

Which test focuses on whether defendants have gone far enough toward completing the crime that it’s unlikely they’ll turn back?

​the probable desistance test

Joseph owns his own car maintenance shop. He has been in business for twenty years and has done quite well. Edward opens a car maintenance shop across the street from Joseph. Joseph loses a large number of customers to Edward. Joseph decides to eliminate the competition and hires a man to murder Edward for the sum of $5,000. Regarding the actus reus of Joseph’s crime, what does the $5,000 represent?

inducement to commit murder.

What rule defines adequate provocation as “a smoldering resentment or pent-up rage resulting from earlier insults or humiliating events culminating in a triggering event that, by itself, might be insufficient to provoke the deadly act” ?

​the “last-straw” rule

The degree of murder or type of homicide is determined by the actus reus, special circumstances, and the

​mens rea

Death penalty trials require two phases: guilt and sentencing. What is the name given to this procedure?

​bifurcation procedure

​Probably the most publicized corporate murder case involved the deaths of three young women who were killed on an Indiana highway in 1978 when what car exploded?

Ford Pinto

What is the name of assisted suicide?

​euthanasia

According to the Uniform Brain Death Act, a person is considered dead when

​he or she has suffered irreversible cessation of all brain functions, including those of the brain stem.

​Knowingly creating a substantial and unjustifiable risk is the definition of

​recklessness.

​There’s a trend in the United States to abolish which of the following?

unlawful act manslaughter

Depraved heart murder is defined as extremely reckless killings.

True

Josiah is angry at Valerie for failing him in his psychology class. Josiah loads his .357 revolver, carefully aims it at Valerie and pulls the trigger, killing her.

​Regarding mens rea for the above crime, what doctrine is exhibited?

​the deadly weapon doctrine

Which of the following is typically an aggravating circumstance that will justify infliction of the death penalty?

​torture of victim

Killing without malice aforethought is manslaughter.

True

What is the name of the common law rule that a husband who caught his wife in the act of adultery had adequate provocation to kill?

​the paramour rule

Corporations cannot be guilty of criminal homicide.

False

The heart of voluntary manslaughter is an unintentional, sudden killing triggered by an adequate provocation.

False

Killing done by someone insane and immature is known as

excusable homicide.

​Some have argued that the “liberty interest,” guaranteed in due process clauses of what amendments to the Constitution, includes the right to die and to seek assistance in exercising the right?

​the Fifth and Fourteenth Amendments.

The Constitution requires that in capital punishment cases

​judges and juries can’t impose the death penalty without a list of specific criteria for and against the death penalty to guide their decision.

Unlawful act manslaughter is sometimes also referred to as

misdemeanor manslaughter.

What is the name of the catchall offense that includes killings that are neither manslaughter nor first-degree murder?

​second-degree murder

Death caused by a person who is aware that her acts create a substantial and unjustifiable risk of death or serious bodily injury, but acts anyway is known as

criminal negligence manslaughter.

Words are never adequate provocation.

False

hich of the following is not one of the forms of euthanasia?

malicious

​If an armed offender accidentally killed the store clerk during an armed robbery, this would be

​felony murder.

With regard to cooling off for voluntary manslaughter, assuming the defendant did not, in fact, cool off, most courts would then apply what test?

​objective test of cooling-off time

​The case of State in the Interest of S.M.I. resulted in what judicially created rule?

no means no

​Conditional threats to a victim are sufficient to establish the crime of assault.

False

Assault and battery are the same crime.

False

False imprisonment is a less serious offense than kidnapping because there is no _____.

carrying away requirement

​One of the most critical problems in sex offenses is to distinguish flirting and seduction from

sexual assault.

Kidnapping and false imprisonment both violate what right?

the right of locomotion

What is the most common type of rape?

​acquaintance rape

Statutory rape is a strict liability crime in most states.

True

Cultural values and social norms influence the perception of rape at all stages of the criminal justice system.

True

Asportation is one of the elements of kidnapping. Asportation means

carrying away.

What are the only two sex offenses originally recognized by criminal law?

​rape and sodomy

a battery is

​unwanted and unjustified offensive touching.

​Rape by strangers or individuals with weapons who physically injure their victims is

aggravated rape.

Rape shield statutes

prohibit introducing evidence of victims’ past conduct.

Domestic violence crimes have been transformed from a private concern to a criminal justice problem since what decade?

​since the early 1970s

There are basically four types of crimes against persons. Which of these is not one of those types?

embezzlement

Yule and Theresa, both adults, attend the same community college and have taken several courses together over the past few semesters. Yule approaches Theresa and asks her if she would mind helping him study for a final exam in a course they are currently taking. Theresa agrees and accompanies him to his apartment after class. They spend several hours studying. During break Yule attempts to kiss Theresa and she rejects him. He pulls her into his bedroom while she is protesting that she does not want a romantic relationship with him. Yule throws her on the bed, pushes her skirts up and pushes his penis into her vagina. Theresa continues to protest and tries to push him off of her. After he ejaculates Theresa runs from the apartment.

What crime has Yule committed against Theresa?

unarmed acquaintance rape

​How do most traditional rape statutes define “rape”?

​intentional sexual penetration by force without consent

Carlos and Tanya worked together at a restaurant. Carlos asked Tanya out on a date and Tanya declined. Carlos became very angry and began sending increasingly threatening e-mails to Tanya. Tanya obtained a civil protection order. Carlos continued e-mailing and threatening Tanya while also acknowledging that he was in violation of the protection order. Tanya changed her address, license plate, employment, and moved.

​The crime Carlos committed is a bad result crime. What is the bad result in this crime?

​placing victims in fear

​In statutory rape, what substitutes for force?

​immaturity

According to the threat-of-force requirement, prosecutors have to prove that the victim experienced both subjective and objective fear of imminent, serious bodily harm.

True

Sexual penetration by force or threat is what element of modern rape law?

​the actus reus

Jasmine leaves her car running in the driveway as she is closing her garage door. Omar gets in the car as her back is turned and begins to drive away with Jasmine’s eight-year-old daughter in the car. Jasmine runs to the car and puts her arms through the driver’s side window which is open about ten inches. She grabs for the keys and succeeds in turning off the car as it hits the curb across the street (a distance of approximately 50 feet).

​Based on the information provided, what crime would Omar most likely be charged with?

​simple kidnapping

What kind of crime is kidnapping?

​specific intent

Carlos and Tanya worked together at a restaurant. Carlos asked Tanya out on a date and Tanya declined. Carlos became very angry and began sending increasingly threatening e-mails to Tanya. Tanya obtained a civil protection order. Carlos continued e-mailing and threatening Tanya while also acknowledging that he was in violation of the protection order. Tanya changed her address, license plate, employment, and moved.

​The crime Carlos committed is called

stalking.