Intro to Criminal Law Midterm

An unnecessarily broadly written law the invades the area of protected freedoms would be deemed unconstitutional on what grounds?

overbreadth doctrine

Crime that is created by government administrative agencies under specific authority or guidelines granted to it b legislative bodies is called

administrative crime

An ex post factor law is basically a

retroactive criminal statute

If a person intentionally damages a building owned by another person, this action

is both a tort and a crime

A tort is

a civil wrong done to a person on her property

What is the name of the inherent power of every state and local government, subject to constitutional limits, to enact criminal laws?

Police power

All of the following are constitutional limitations on criminal laws except?

Overbreadth doctrine

The due process clause is found in the ______ Amendments of the U.S. Constitution

Fourteenth

Which branch of the government administers and enforces criminal laws?

the executive branch

The equal protection clause applies

to both criminal and civil laws

A statute making heroin addiction, by itself, a crime would most likely

be found unconstitutional

The substantive criminal law

defines the standards of conduct for protection of the community

Which of the following is true of the standards set by moral laws compared to those set by criminal laws?

the standards set by moral laws are generally higher than those set by criminal laws.

The law of criminal procedure deals with

the law followed in the investigation and processing of a crime

Common law crimes in England were created by

Judges

People who commit crimes on federal enclaves can be tried before

a federal court

Because the states have the primary responsibility to maintain public over and security in their state, they have what kind of authority to create criminal law under the police power of each state/

broad

What law permits federal agencies to assist in locating state fugitives who may have fled from one state to another

Unlawful Flight Statute

In U.S. v. Lopez, the U.S. Supreme Court held that the federal law controlling guns in public school was

beyond the power of congress

The international Criminal Court has the power to prosecute people accused of

war crimes

In 1983, the U.S. claimed sovereignty over water extending how many nautical miles from the U.S. and its possessions?

200 nautical miles

What is the name of the federal act that incorporates the state criminal law of the state surrounding the federal enclaves if there is no relevant federal statute?

Assimilative Crimes Act

What term means to surrender an accused criminal under the provision of a treaty or statute by one authority to another having jurisdiction

extradition

A state of military control over civilian population as declared by state of federal government is called

martial law

International convention and treaties between nations can confer power to what entry to make criminal law?

the Federal Government

Which of the following is one of the crimes the federal Travel Act addresses?

interstate prostitution

If a member of the U.S. military serving in another country commits an offender while off duty and off base, jurisdiction will be

with either the military or that country

What the federal act forbids the use of federal military forces to enforce civilian laws unless there is other constitutional or congressional authorization?

Posse Comitatus

Military installations and other federally owned and controlled lands within the boundaries of a state are called federal

enclaves

A strict liability offense is one without

criminal intent

According to the Model Penal Code, how is a person acting with respect to a material element of an offense, when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct?

negligently

Due to the large amount of drugs on Julie's possession, the State should be able to easily prove:

?

The latin term actus reus means

guilty act

The intent necessary for one or more element of an offense is:

specific intent

To find a defendant guilty of the crime of receiving stolen property, most states

require proof the defendant knew the property was stolen

A form of specific intent requiring the showing that an actor knew of the existence of certain facts is called

scienter

What is the highest degree of culpability according to Model Penal Code?

purpose

Thinking of committing a crime without performing a criminal act is

never a crime

The mental purpose or design to commit a specific act is called:

intent

The mental element required in possession offenses is generally that of

intent or knowledge

The offense of carrying an unauthorized concealed weapon requires a showing of

actual possession

The forbidden act (or failure to act) is called the

act element

Which of the following crimes includes the essential element of knowledge beyond a reasonable doubt that defendant knew the property was stolen?

receiving stolen property

A situation where one cannot be found guilty of possession of stolen goods if they did not know they were stolen is an example of

scienter

Attempting to receive stolen goods that were not stolen would be an example of which kind of impossibility?

legal

What principle of liability holds a defendant legally responsible for the unlawful conduct of others that he aids and abets?

accomplice

Under common law rules, what was required in order to prove the crime of conspiracy

proof of the criminal conspiracy

what requirement for the crime of conspiracy has been limited or rejected by a substantial number of states?

two or more guilty persons

In the early 1600s, what crime was used extensively by the English Court of the Star Chamber

conspiracy

Punishment for the consequences of accidents is permissible if

the accident occurred during criminal act

A person asking another to commit murder is guilty of

solicitation

The Wharton Rules states that the crime of conspiracy cannot be charged if the number of people involved are only those necessary by factual circumstance to

commit the crime

Someone who aids in the preparation of a crime but is not present at the time the crime was committed is

accessory before the fact

Abandonment or withdraw by a conspirator makes the crime of conspiracy

nonetheless complete

The Wharton Rule requires that crimes needing more than one person for commission, such as a bigamy, require how many people for a conspiracy conviction?

three or more

If a defendant plans to engage in conduct that he believes to be a crime, but the conduct as panned is not a crime, the defendant is

not guilty of an attempt

A person could criminally liable for the conduct of another if he or she is a party to a conspiracy to commit a crime and

all of the answers are true

The U.S Supreme Court has stated that the essence of the crime of conspiracy is

agreement to commit a crime

A conspiracy to commit an unlawful act is known as a/an

common design

Tommy Johnson, who is 14 years old goes into the local clothing store and steals a pair of $120 Nike shoes. The store's loss prevention catches him and calls the police.
If Tommy did not have the mental capacity or the ability to formulate the necessary criminal intent or understanding that he/she committed a crime, the Tommy

would not be prosecuted

States with the 'guilty but mentally ill' verdict

have retained the insanity defense

Which of the following are factors to consider when determining criminal capacity for children

all of these are factors to consider

In most states the defendant's voluntary intoxication or drug use may serve as the basis for a claim

of diminished capacity

Superstition played a role in ancient England in colonial America in accusing, mostly women of

practicing witchcraft

How often is voluntary intoxication or drug use the basis for the successful assertion of the insanity defense?

almost never

Scott "too tough" Rudy finds out that his girlfriend is cheating on him with his best friend. Scott "too tough" goes over to his best friend's house and finds his girlfriend is there and is engaged in sexual acts with his best friend. Scott "too tough" takes out his gun and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder and is trying to use insanity at his defense.
The insanity defense rule, which could be used at Scott's trial, which requires proof that because of mental disease or defect defendants did not know the scope or character of their actions is called

M'Naghten rule

At what age do most states infer the individuals are competent and capable of committing a crime?

14

Subjecting the accused to a tortuous ordeal to determine guilt or innocence is referred to as

trial by ordeal

Scott's attorney could seek to introduce evidence showing that because of mental emotional conditions, the Scott did not possess the required mens rea for conviction of crime charged. This is referred to as

Diminished capacity defense

A defendant of questionable competency should not be tried for a criminal violation because

all of these answers are correct

What is the name of the test which focuses on the product-of-mental illness?

none of these answers are correct

A legal entity created under the laws of a state or federal government is the definition of a

corporation

Due process is only possible if the defendant is

competent

Which of the following must be found beyond a reasonable doubt for a defendant to be found guilty but mentally ill?

All of these are required for a defendant to be found guilty but mentally ill

The mistake of fact defense may or may not be used for which type of offense

strict liability

A defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act is called

duress

The burden of proof for an affirmative defense rests upon the

defense

If a defendant is tried for the same offense by both the state and federal governments, this is

not a violation of double jeopardy

The difference between a frame-up and a set-up is that in a set-up the person doing the set-up is

not a law enforcement officer

Under ______ immunity, statements made by the witness may not be used in subsequent prosecutions.

use

The general rule is that ignorance of the law is

not a defense

Double jeopardy prohibits a person from

being tried for an offense and then for a lesser-included offense

A defense based on unacceptable government persuasion even though the defendant admittedly chose to commit the crime is known as

entrapment

The payment of money as part of a defendant's sentence is the definition of a

fine

The defense that usually alleges that a law enforcement officer has planted false evidence, or has altered, substituted, or destroyed evidence, in an effort to convict the defendant of the crime charged is known as

frame-up

If the defendant has a reasonable alternative, and harm is not imminent, the defendant

may not utilize the necessity defense

In all criminal cases, the requirement that the government prove the crime was committed and the defendant was a party to the crime is called

corpus delicti

The doctrine that allows the federal and state government to file separate criminal actions for the same criminal act is called

dual soverignt

In a jury trial, jeopardy attaches once

the jury is sworn

The text of the Eighth Amendment prohibits excessive bail, excessive fines, and

cruel and unusual punishment

The laws popularly called "three strikes and you're out"

apply only to felony convictions

_____ in Colonial America were situated in the town center so that public humiliation may be heaped upon the offender

stocks

In Ring v. Arizona, the court held that a state capital sentencing procedure that permitted the sentencing judge to make the factual determination of the aggravating and mitigating circumstance present

violated the Sixth Amendment's right of trial by jury

The Apprendi opinion caused many changes in

sentencing procedures

Mutilation is an example of which type of punishment

corporal

Fines, like other types of punishment, must be

proportional

Generally, before the death penalty may be imposed, a judge or jury must find at least one of what kind of circumstance?

aggravating

The protection against double jeopardy is found in the ____ amendment

fifth

The Sixth Amendment requires that factual findings made for the purpose of enhancing a sentence must be made by a

jury

In Solem v. Helm case, the Supreme Court held the defendant's sentence to life without parole for passing a "no account" check was

a violation of the Eight Amendment