Chapter 7
The primary distinction between a criminal trial and a civil trial lies in the:
A. Type of evidence presented.
B. Requirement of a jury.
C. Burden of proof.
D. Judge's role in sentencing.
C. Burden of proof.
For a person to be convicted of a crime, the prosecution must prove two basic elements: the criminal act (actus reus) and the required level of criminal intent (mens rea). What term is used for crimes that do not require proof of a guilty state of mind?
A. Felony offenses
B. Crimes of omission
C. Preliminary crimes
D. Strict liability crimes
D. Strict liability crimes
Which element is the distinguishing factor that raises a criminal homicide charge from manslaughter to murder?
A. Premeditation B. Malice C. Recklessness D. Serious bodily harm
Malice
1. Which term describes the unlawful taking of property by someone who was originally entrusted with it, such as a financial advisor stealing from a client's account?
A. Larceny B. Robbery C. False Pretenses D. Embezzlement
Embezzlement
In a criminal trial, who has the burden of proving the defendant's guilt?
Prosecutor
A "crime of omission" refers to a criminal act that is the result of: A.
A malicious thought without an action.
B. A failure to act when legally required to do so.
C. An accidental or involuntary bodily movement.
D. A necessary and justifiable defensive action.
B. A failure to act when legally required to do so.
A crime generally punishable by a prison term of more than one year is classified as a:
A. Misdemeanor
B. Crime of Omission
C. Felony
D. Strict Liability Crime
C. Felony
The legal concept that defines a killing that occurs during the commission of a dangerous felony (like a robbery or arson), regardless of intent to kill, is known as:
A. Involuntary Manslaughter
B. Voluntary Manslaughter
C. First-Degree Murder
D. Felony Murder
D. Felony Murder
Which crime involves obtaining property by making a false representation of a past or present fact with the intent to defraud, such as paying with a bad check?
A. Extortion
B. False Pretenses
C. Burglary
D. Embezzlement
False Pretenses
A defendant claiming an alibi is asserting which of the following?
A. The crime was necessary to prevent a greater harm.
B. The police unlawfully induced the crime.
C. The defendant was elsewhere when the crime occurred.
D. The defendant lacked the mental capacity to understand the crime.
The defendant was elsewhere when the crime occurred.
The Latin term for the "guilty act," which must be proven in a criminal case, is:
A. Habeas corpus.
B. Stare decisis.
C. Actus reus.
D. Mens rea.
C. Actus reus.
Which constitutional principle prevents a person from being tried twice for the same crime by the same sovereign jurisdiction (e.g., being tried twice in a state court for robbery)?
A. Right to Counsel
B. Full Faith and Credit Clause
C. Double Jeopardy
D. Supremacy Clause
C. Double Jeopardy
What is the legal distinction between the crimes of assault and battery?
A. Battery requires the use of a weapon; assault does not.
B. Assault is the threat or attempt to strike; battery is the actual unlawful physical contact.
C. Assault only applies to law enforcement; battery applies to citizens.
D. Assault is a federal crime; battery is a state crime.
B. Assault is the threat or attempt to strike; battery is the actual unlawful physical contact.
The crime of Robbery is distinguished from Larceny primarily by which element?
A. The value of the property taken must be over a felony threshold.
B. The intent of the offender is to only borrow the property temporarily.
C. The property is taken by someone who was initially entrusted with it.
D. The unlawful taking is accomplished by force or the threat of force.
The unlawful taking is accomplished by force or the threat of force.
Which of the following defenses is considered an Affirmative Defense?
A. Mistaken Identity B. Lack of Intent C. Alibi D. Self-Defense
Self-Defense
A crime that does NOT require a guilty state of mind (mens rea) is known as a(n):
A. Misdemeanor.
B. Felony.
C. Strict liability crime.
D. Inchoate crime.
C. Strict liability crime.
An act that violates both a state law (e.g., murder) and a federal law (e.g., bank robbery) can be prosecuted in both state and federal court. This is permissible because:
A. Federal courts always have jurisdiction over all serious felonies.
B. State and federal governments are considered separate sovereigns.
C. The Fifth Amendment only applies to state prosecutions.
D. The federal government must always defer to the state government's decision.
B. State and federal governments are considered separate sovereigns.
Statutory Rape is distinct from other forms of rape because the primary element is:
A. The use of a weapon.
B. The attacker is a stranger.
C. The victim is below the legal age of consent.
D. The act occurred in a public place.
C. The victim is below the legal age of consent.
Burglary is the unlawful entry into a structure with the intent to commit a crime inside. This crime is classified as a crime against:
A. Intrusion/Habitation
B. Destruction
C. Fraud/Deception
D. Violent Theft
A. Intrusion/Habitation
Which key requirement of self-defense is violated if a person uses a gun to stop someone from throwing a water balloon at them?
A. The threat must be imminent.
B. The force must be reasonable and proportionate.
C. The defendant must have a duty to retreat.
D. The force must be non-deadly.
B. The force must be reasonable and proportionate.
Which of the following offenses is an example of a felony?
A. Petty theft.
B. Vandalism.
C. Simple assault.
D. Arson.
D. Arson.
Maria helps her friend, James, plan a bank robbery by sketching the blueprints of the building, but she is not present when the crime is committed. What is Maria's role in the crime?
A. Principal
B. Accessory Before the Fact
C. Accomplice
D. Accessory After the Fact
B. Accessory Before the Fact
Which term describes the crime of unlawfully taking and carrying away a person against their will?
A. Extortion
B. Kidnapping
C. False Imprisonment
D. Carjacking
B. Kidnapping
Which crime specifically involves the use of threats of future harm (such as exposing a secret or damaging reputation) to obtain another person's property?
A. Robbery B. Extortion (Blackmail) C. Burglary D. False Pretenses
Extortion
The legal principle that requires a person to safely leave a confrontation before using deadly force is known as the:
A. Castle Doctrine
B. Stand Your Ground Law
C. Duty to Retreat
D. Necessity Doctrine
Duty to Retreat
The crime of robbery is classified as a crime against the person because it involves:
A. The illegal entry into a structure.
B. Financial fraud for personal gain.
C. Taking property by force or threat of force.
D. Only the destruction of property.
C. Taking property by force or threat of force.
Thomas saw his neighbor commit a burglary. Later that night, Thomas hid the neighbor in his attic to prevent police from finding him. What crime, if any, is Thomas guilty of being a party to the burglary?
A. Principal
B. Accomplice
C. Accessory Before the Fact
D. Accessory After the Fact
D. Accessory After the Fact
A person who causes a death through gross carelessness or the failure to exercise a reasonable amount of care in a situation where harm could result is most likely to be charged with:
A. First-Degree Murder
B. Voluntary Manslaughter
C. Negligent Homicide
D. Noncriminal Homicide
C. Negligent Homicide
Arson is defined as the malicious burning of a dwelling house or other property. The key actus reus (guilty act) component that must be proven is:
A. That the property was damaged by smoke alone.
B. That some degree of scorching or charring occurred.
C. That the defendant intended to collect insurance money.
D. That the structure was completely destroyed.
B. That some degree of scorching or charring occurred.
In most jurisdictions, deadly force can generally be used to defend:
A. Property from being stolen.
B. Another person from imminent death or serious bodily harm.
C. A car from being vandalized.
D. A wallet from being snatched.
B. Another person from imminent death or serious bodily harm.
Which government agency is responsible for compiling the Uniform Crime Reports (UCR)?
A. The Department of Justice (DOJ).
B. The Bureau of Justice Statistics (BJS).
C. The Federal Bureau of Investigation (FBI).
D. The National Institute of Justice (NIJ).
C. The Federal Bureau of Investigation (FBI).
A security guard who is required by contract to patrol and lock a building fails to do so, resulting in a theft. The guard's failure to perform a required act while physically capable may be prosecuted as a:
A. Strict liability crime
B. Preliminary crime
C. Crime of omission
D. Felony murder
C. Crime of omission
In modern law, how do courts typically treat attempted suicide?
A. As a serious felony requiring immediate prosecution.
B. As a misdemeanor requiring only a fine.
C. As a cry for help requiring mandatory psychological treatment.
D. As a noncriminal act that the state ignores.
C. As a cry for help requiring mandatory psychological treatment.
What is the key element that differentiates Criminal Trespass from Burglary?
A. Trespass does not require the intent to commit a crime inside.
B. Trespass involves property damage, while Burglary does not.
C. Trespass is always a felony, while Burglary is always a misdemeanor.
D. Trespass involves a threat of future harm, while Burglary involves immediate force.
A. Trespass does not require the intent to commit a crime inside.
The defense of Infancy is based on the idea that a child lacks:
A. The ability to hire a lawyer.
B. The capacity to understand the wrongfulness of their act.
C. The physical strength to commit a serious crime.
D. Parental supervision at the time of the crime.
B. The capacity to understand the wrongfulness of their act.
The National Crime Victimization Survey (NCVS) is valuable because it provides data on:
A. Federal court sentencing outcomes.
B. Crimes that are not reported to the police.
C. White-collar crime statistics.
D. International crime rates.
B. Crimes that are not reported to the police.
Preliminary crimes, also known as inchoate crimes, are offenses that occur before the commission of the principal crime. Which of the following is not considered a preliminary crime?
A. Solicitation
B. Attempt
C. Robbery
D. Conspiracy
C. Robbery
What is the core element that must be proven to secure a conviction for any form of sexual assault or rape?
A. The use of force.
B. A lack of consent from the victim.
C. The crime occurred at night.
D. The victim was seriously injured.
B. A lack of consent from the victim.
A person who buys a highly discounted laptop from an unknown individual on a street corner, knowing the price is "too good to be true" and that the item is likely stolen, may be charged with:
A. Grand Larceny
B. Extortion
C. Forgery
D. Receiving Stolen Property
D. Receiving Stolen Property
A successful verdict of Not Guilty by Reason of Insanity (NGRI) typically results in the defendant:
A. Being released immediately with no criminal record.
B. Being sentenced to a normal prison term.
C. Being committed to a mental institution for treatment.
D. Being placed under house arrest indefinitely.
C. Being committed to a mental institution for treatment.
In the context of crime, recidivism is best defined as:
A. The fear of crime in a community.
B. A convicted criminal's tendency to re-offend.
C. A law enforcement tactic for deterring crime.
D. The process of jury selection in a criminal trial.
B. A convicted criminal's tendency to re-offend.
When is the preliminary crime of solicitation considered legally complete?
A. Only when the solicited person actually commits the crime.
B. When a substantial step toward the crime has been taken.
C. The moment the request, command, or urge to commit a crime is made.
D. When an overt act in furtherance of the agreement is committed.
C. The moment the request, command, or urge to commit a crime is made.
If a person kills another in a sudden quarrel or in the heat of passion after being adequately provoked, the crime is most likely to be charged as:
A. First-Degree Murder
B. Second-Degree Murder
C. Voluntary Manslaughter
D. Involuntary Manslaughter
C. Voluntary Manslaughter
What type of crime is "unauthorized access" or "hacking" considered under modern law?
A. Embezzlement
B. Cybercrime/Computer Crime
C. Aggravated Trespass
D. Malicious Mischief
B. Cybercrime/Computer Crime
Entrapment is a defense used when the defendant argues they committed the crime because:
A. They were forced by another citizen under threat of harm.
B. Law enforcement induced them to commit a crime they weren't predisposed to commit.
C. It was necessary to prevent a greater natural harm.
D. They were unaware of the law they were breaking.
Law enforcement induced them to commit a crime they weren't predisposed to commit.
Which initiative is an example of a community response to crime, often discussed as a form of prevention?
A. Mandatory minimum sentencing.
B. Increased prison construction.
C. Neighborhood watch programs.
D. The use of the insanity defense.
C. Neighborhood watch programs.
An overt act is a required element for conviction of conspiracy. Which statement best describes the nature of the overt act in a conspiracy case?
A. It must be a substantial step that is very close to completing the main crime.
B. It is only required if the planned crime is a felony.
C. It can be any small act that shows the plan is progressing, such as buying a tool or driving to a location.
D. It must be performed by all members of the conspiracy.
C. It can be any small act that shows the plan is progressing, such as buying a tool or driving to a location.
What is a Victim Impact Statement (VIS) used for in the criminal justice system?
A. To determine if the defendant is competent to stand trial.
B. To help the jury decide on the verdict (guilty or not guilty).
C. To allow the victim to speak during the sentencing phase.
D. To determine the victim's eligibility for a civil lawsuit.
C. To allow the victim to speak during the sentencing phase.
The crime of Forgery involves falsely making or altering a document with the intent to defraud. Which crime is committed when the forged document is then presented or passed off as genuine?
A. Larceny
B. Embezzlement
C. Uttering
D. Receiving Stolen Property
C. Uttering
The defense of Duress applies when the defendant commits a crime because of coercion by:
A. A natural disaster (e.g., a storm).
B. A threat of immediate harm from another person.
C. An addiction to drugs or alcohol.
D. Their own mental illness.
B. A threat of immediate harm from another person.