Crim Law Test 1

A request made to another person to commit a crime is the offense of:

solicitation

The purpose of solicitation, conspiracy, and attempt statutes is to:

prevent serious harm before it occurs.

In most situations, a person who has formulated the intent to commit a crime, but has taken no actions in furtherance of the crime has:

not yet violated any law.

Abandonment or withdrawal by a conspirator makes the crime:

nonetheless complete

The crime of solicitation is committed when:

when a person attempts to get another to commit a crime.

In the early 1600s, \______ was used extensively by the English Court of the Star Chamber?

conspiracy

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

Two or more guilty persons

For criminal conspiracy, proof of an overt act by a defendant:

is required by most current state statutes.

Evidence of an overt act would provide some assurance that:

at least one of the conspirators was sincere.

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

commit the crime.

In all of the following circumstances except one a person could be criminally liable for the conduct of another if he or she is a party to a conspiracy to commit a crime and:

attempts but fails to stop it.

The US 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:

common design.

The most frequently charged anticipatory offense is that of:

attempt

To prove the defendant attempted to commit a crime, courts require the prosecution show the existence of:

completion of a substantial step.

Federal courts and many states use the Model Penal Code substantial step test in determining whether the crime of \_____ has been committed.

attempt

Attempting to pick an empty pocket would be an example of which kind of impossibility?

Factual

Attempting to receive stolen goods that were not stolen would be an example of a(n) \_____ kind of impossibility?

legal

For the crime of attempt, most state and federal courts have rejected the defenses of:

legal and factual impossibility.

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

not guilty of an attempt.

"A person who is a party to an agreement to commit an unlawful act," is the definition of a/an:

conspirator

A person asking another to commit murder is guilty of:

solicitation

A person who provides assistance to another who commits the crime is called a/an:

aider and abettor.

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

Accomplice

All participants in a conspiracy or common plan to commit a crime are guilty of any act of another participant as long as that act is deemed a/an \_____ of the intended crime.

natural and probable consequence

Conspiracy can be proved even if the co-conspirator cannot be found or:

cannot be identified.

The Wharton Rule requires that crimes needing more than one person for commission, such as bigamy, require \______ people for a conspiracy conviction.

three or more

Which impossibility defense is still viable?

Engaging in conduct one thinks is a crime but that is not a crime

Impossibility is generally not a defense, unless:

what is being attempted is not a crime.

Chad Roso gets into an argument with his girlfriend Megan Kole and threatens to kill her. He tells her he is going into his bedroom to get his gun and then she "is down!" Megan calls the police, who arrive within two minutes and bust down the door just in time to see Chad pointing his gun at Megan screaming, "I'm going to kill you!" The police utilize their Taser and shock Chad before he is able to kill Megan. Chad could be charged with attempted murder because this crime could be determined as:

anticipatory

After this crime was investigated, the police determined that Chad had also called his friend Scott and convinced him to come over and help bury Megan. Scott had actually showed up that night with a shovel and bleach and was ready to help Chad, but then realized he had been arrested. Scott provided a full confession and could be charged with a/an \________________ crime.

conspiracy

Broadly speaking, an action taken after a crime has been committed is called a/an:

post-crime offense.

In order for an action to be considered a post-crime offense, the action must:

aid the person who committed the original crime.

In order for an action to be considered a post-crime offense, there must be:

knowledge that the crime was committed.

Which is not an example of a post-crime offense?

Cheating on your taxes

The scope of liability of persons who are a party to a conspiracy or other agreement to do an unlawful act is called:

common design.

Punishment for the consequences of accidents is permissible if:

the accident occurred during a criminal act.

One conspirator is liable for the crimes committed by another conspirator; this is called the \_______ rule.

Pinkerton

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

accessory before the fact.

Someone who was not involved in the preparation of a crime but was present at the time the crime was committed is called a/an:

principal in the second degree.

The Latin term actus reus means

guilty act

The Latin term mens rea refers to

guilty mind

Samuel hated his neighbor, and decided to cut the brake lines on the neighbor's car. Neighbor crashed the car on the way to work the next day. Samuel can be charged with a \_____________ intent crime

specific

Samuel decided to play a trick on his neighbor; they were always pranking each other. He installed a device under the car that would allow him to control the radio in the car. Unfortunately, while he was installing the device he cut the brake lines on the neighbor's car. Neighbor crashed the car on the way to work the next day. Samuel can be charged with a \_____________ intent crime.

general

Thinking of committing a crime without performing a criminal act is:

never a crime

Most crimes require the concurrence of which of the following?

Guilty act and guilty mind

To obtain a conviction, the prosecution has the burden of proving every element of the crime:

beyond a reasonable doubt.

Which term refers to an individual's mental state?

Mens rea

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

require proof the defendant knew the property was stolen.

In criminal law, motive refers to:

the reason the defendant committed the crime.

In a criminal trial, motive:

is always relevant evidence

A strict liability offense is one without:

criminal intent

Strict liability statutes:

do not require the prosecutor to prove criminal intent.

\______ include strict liability crimes.

All of these choices: Traffic violations, Narcotics laws, and Public health laws

In many states, when the age of a minor is an essential element of a crime, as in contributing to the delinquency of a child, the law:

does not allow mistake as to the age of the minor to be used as a defense.

For crimes in which a harm has occurred, the state must prove:

the defendant's act was the ordinary and proximate cause of the harm.

While the classification system suggested by the Model Penal Code distinguishes between each level of mental state, the distinction:

does not always make a difference.

The year-and-a-day murder rule:

requires the victim die within a year and a day, and has been abolished or amended in many states.

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

actual possession.

The mental element required in possession offenses is generally that of:

intent or knowledge.

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

specific intent.

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

intent

The cause, inducement, or reason why an act is committed is called:

motive

Conclusive presumptions can be unconstitutional under the Due Process Clause because the presumption allows the prosecution to avoid proving:

an element of the crime charged.

Which is a name given to crimes which require no specific intent?

General intent crimes

\_____ is the highest degree of culpability according to the Model Penal Code.

Purpose

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

Receiving stolen property

\_____ is seldom made an essential element that must be proved beyond a reasonable doubt in many crimes.

Motive

Motive can be important evidence in determining:

guilt.

Susie "pick pocket" Ditts is a known criminal in the Detroit area and the police keep a close eye on her. Late one night her car is pulled over by the Detroit police for speeding and in plain view they see many tools that they deem as burglar tools. Susie could be arrested for:

possession of burglary tools.

Julie "the snake" Python is a known drug dealer and is always under surveillance by the police. One day she is stopped for jay walking and while speaking to the police consents for them to search her bags. This search produced 7 kilos of cocaine and 4 pounds of marijuana. Julie can be arrested and charged because she had these items:

in her possession.

Due to the large amount of drugs on Julie's possession, a judge or jury could easily conclude that she is a drug dealer instead of a drug user. This conclusion is referred to as a(n):

inference

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

scienter

If a statute requires knowledge about a certain fact, then the prosecution must be able to \__ that knowledge.

prove

\________ are not included in strict liability crimes.

First-degree murder

Presumptions fall into two categories, they are:

rebuttable and irrebuttable.

As compared to the power of the states to enact criminal laws:

the federal government has less authority.

Under the American system of \________, states have the primary responsibility of maintaining public order and safety within each state.

federalism

\______ gives the federal government power to regulate actions by use of criminal laws only if the actions involve or affect interstate commerce.

The Commerce Clause

Crimes committed in \______ would not be prosecuted in federal court.

air approaches to the United States

The \______ permits federal agencies to assist in locating state fugitives who may have fled from one state to another.

Unlawful Flight Statute

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

Extradition

Which of the following is not an example of criminal homicide over which the federal government has jurisdiction?

An angry husband kills his wife

The \______ is the federal act that incorporates the state criminal law of the state surrounding the federal enclave as the law of the enclave if there is no relevant federal statute.

Assimilative Crimes Act

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

enclaves

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

Broad

People who commit crimes on federal lands can be tried before:

a federal court.

The federal government does not have inherent police power to create criminal law and is limited to the powers granted to the federal government in the:

US Constitution.

Johnny "too tough" Gangsta kidnaps his 15-year-old neighbor and transports her across four state lines before he is finally caught and arrested. The decision as to where Johnny is to be charged will be decided upon which legal principle?

Jurisdiction

Johnny "too tough" Gangsta kidnaps his 15-year-old neighbor and transports her across four state lines before he is finally caught and arrested. Johnny will be charged in a _____ court.

federal

The primary factor in deciding which jurisdiction Johnny's case belongs will be the fact:

he transported his kidnap victim across state lines.

Power to create and enforce laws is called:

jurisdiction

Federally owned and controlled lands are called:

federal enclaves.

Found in Article I of the US Constitution, the \___ Clause is the basis of a great part of the authority the federal government has to enact criminal laws.

Commerce

The \_____ Clause of the Constitution applies if an activity is solely within a single state.

None of these choices; piracy, commerce, postal

Activity that occurs solely within a single state would be regulated by:

the state government.

Which branch of the government administers and enforces criminal laws?

The executive branch

The \_____ Amendment of the US Constitution provides that "[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Tenth

In the US, the supreme law of the land is considered to be:

the U.S. Constitution.

Which branch of the government determines the constitutionality of laws or ordinances?

The judicial branch